THE MOTOR VEHICLES ACT, 1988 
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ARRANGEMENT OF SECTIONS 

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Last update: 7-4-2022 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
2A. e-cart and e-rickshaw. 
2B. Promotion of innovation. 

CHAPTER II 
LICENSING OF DRIVERS OF MOTOR VEHICLES 

3.  Necessity for driving licence. 
4.  Age limit in connection with driving of motor vehicles. 
5.  Responsibility of owners of motor vehicles for contravention of sections 3 and 4. 
6.  Restrictions on the holding of driving licences. 
7.  Restrictions on the granting of learner’s licences for certain vehicles. 
8.  Grant of learner’s licence. 
9.  Grant of driving licence. 
10.  Form and contents of licences to drive. 
11.  Additions to driving licence. 
12.  Licensing and regulation of schools or establishments for imparting instruction in driving of 

motor vehicles. 

13.  Extent of effectiveness of licences, to drive motor vehicles. 
14.  Currency of licences to drive motor vehicles. 
15.  Renewal of driving licences. 
16.  Revocation of driving licence on grounds of disease or disability. 
17.  Orders refusing or revoking driving licences and appeals therefrom. 
18.  Driving Licences to drive motor vehicles, belonging to the Central Government. 
19.  Power of licensing authority to disqualify from holding a driving licence or revoke such licence. 
20.  Power of Court to disqualify. 
21.  Suspension of driving licence in certain cases. 
22.  Suspension or cancellation of driving licence on conviction. 
23.  Effect of disqualification order. 
24.  Endorsement. 
25.  Transfer of endorsement and issue of driving licence free from endorsement. 
 25A. National Register of Driving Licences. 
26.  Maintenance of State Registers of Driving Licences. 
27.  Power of Central Government to make rules. 
28.  Power of State Government to make rules. 

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CHAPTER III 
LICENSING OF CONDUCTORS OF STAGE CARRIAGES 

SECTIONS 

29.  Necessity for conductor’s licence. 
30.  Grant of conductor’s licence. 
31.  Disqualifications for the grant of conductor’s licence. 
32.  Revocation of a conductor’s licence on grounds of disease or disability. 
33.  Orders refusing, etc., conductor’s licences and appeals therefrom. 
34.  Power of licensing authority to disqualify. 
35.  Power of Court to disqualify. 
36.  Certain provisions of Chapter II to apply to conductor’s licence. 
37.  Savings. 
38.  Power of State Government to make rules. 

CHAPTER IV 
REGISTRATION OF MOTOR VEHICLES 

39.  Necessity for registration. 
40.  Registration, where to be made. 
41.  Registration, how to be made. 
42.  Special provision for registration of motor vehicles of diplomatic officers, etc. 
43.  Temporary registration. 
44.  Production of vehicle at the time of registration. 
45.  Refusal of registration or renewal of the certificate of registration. 
46.  Effectiveness in India of registration. 
47.  Assignment of new registration mark on removal to another State. 
48.  No objection certificate. 
49.  Change of residence or place of business. 
50.  Transfer of ownership. 
51.  Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. 
52.  Alteration in motor vehicle. 
53.  Suspension of registration. 
54.  Cancellation of registration suspended under section 53. 
55.  Cancellation of registration. 
56.  Certificate of fitness of transport vehicles. 
57.  Appeals. 
58.  Special provisions in regard to transport vehicles. 
59.  Power to fix the age limit of motor vehicle. 
60.  Registration of vehicles belonging to the Central Government. 
61.  Application of Chapter to trailers. 
62.  Information regarding stolen and recovered motor vehicles to be furnished by the police to the 

State Transport Authority. 

62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles. 
62B. National Register of Motor Vehicles. 
63.  Maintenance of State Registers of Motor Vehicles. 
64.  Power of Central Government to make rules. 
65.  Power of State Government to make rules. 

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SECTIONS 

CHAPTER V 
CONTROL OF TRANSPORT VEHICLES 

66.  Necessity for permits. 
66A. National Transportation Policy. 
66B. No bar against permit holders to apply and hold licences under schemes. 
67.  Power to State Government to control road transport. 
68.  Transport Authorities. 
69.  General provision as to applications for permits. 
70.  Application for stage carriage permit. 
71.  Procedure of Regional Transport Authority in considering application for stage carriage permit. 
72.  Grant of stage carriage permits. 
73.  Application for contract carriage permit. 
74.  Grant of contract carriage permit. 
75.  Scheme for renting of motor cabs. 
76.  Application for private service vehicle permit. 
77.  Application for goods carriage permit. 
78.  Consideration of application for goods carriage permit. 
79.  Grant of goods carriage permit. 
80.  Procedure in applying for and granting permits. 
81.  Duration and renewal of permits. 
82.  Transfer of permit. 
83.  Replacement of vehicles. 
84.  General conditions attaching to all permits. 
85.  General form of permits. 
86.  Cancellation and suspension of permits. 
87.  Temporary permits. 
88.  Validation of permits for use outside region in which granted. 
88A. Power of Central Government to make schemes for national, multimodal and inter-State 

transport of passengers and goods. 

89.  Appeals. 
90.  Revision. 
91.  Restriction of hours of work of drivers. 
92.  Voidance of contracts restrictive of liability. 
93.  Agent or canvasser or aggregator to obtain licence. 
94.  Bar on jurisdiction of Civil Courts. 
95.  Power of State Government to make rules as to stage carriages and contract carriages. 
96.  Power of State Government to make rules for the purposes of this Chapter. 

CHAPTER VI 
SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 

97.  Definition. 
98.  Chapter to override Chapter V and other laws. 
99.  Preparation and publication of proposal regarding road transport service of a State transport 

undertaking. 

100. Objection to the proposal. 
101. Operation of additional services by a State transport undertaking in certain circumstances. 

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SECTIONS 

102. Cancellation or modification of scheme. 
103. Issue of permits to State transport undertakings. 
104. Restriction on grant of permits in respect of a notified area or notified route. 
105. Principles and method of determining compensation and payment thereof. 
106. Disposal of article found in vehicles. 
107. Power of State Government to make rules. 
108. Certain powers of State Government exercisable by the Central Government. 

CHAPTER VII 
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 

109. General provision regarding construction and maintenance of vehicles. 
110. Power of Central Government to make rules. 
110A. Recall of motor vehicles. 
110B. Type of approval certificate and testing agencies. 
111. Power of State Government to make rules. 

CHAPTER VIII 
CONTROL OF TRAFFIC 

112. Limits of speed. 
113. Limits of weight and limitations on use. 
114. Power to have vehicle weighed. 
115. Power to restrict the use of vehicles. 
116. Power to erect traffic signs. 
117. Parking places and halting stations. 
118. Driving regulations. 
119. Duty to obey traffic signs. 
120. Vehicles with left hand control. 
121. Signals and signalling devices. 
122. Leaving vehicle in dangerous position. 
123. Riding on running board, etc. 
124. Prohibition against travelling without pass or ticket. 
125. Obstruction of driver. 
126. Stationary vehicles. 
127. Removal of motor vehicles abandoned or left unattended on a public place. 
128. Safety measures for drivers and pillion riders. 
129. Wearing of protective headgear. 
130. Duty to produce licence and certificate of registration. 
131. Duty of the driver to take certain precautions at unguarded railway level crossing. 
132. Duty of driver to stop in certain cases. 
133. Duty of owner of motor vehicle to give information. 
134. Duty of driver in case of accident and injury to a person. 
134A. Protection of Good Samaritans. 
135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc. 
136. Inspection of vehicle involved in accident. 
136A. Electronic monitoring and enforcement of road safety. 

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SECTIONS 

137. Power of Central Government to make rules. 
138. Power of State Government to make rules. 

CHAPTER IX 
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 

139. Power of Central Government to make rules. 

CHAPTER X [LIABILITY WITHOUT FAULT IN CERTAINCASES] [Omitted.]. 

140. [Omitted.]. 
141. [Omitted.]. 
142. [Omitted.]. 
143. [Omitted.]. 
144. [Omitted.]. 

CHAPTER XI 
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 

145. Definitions. 
146. Necessity for insurance against third party risks. 
147. Requirements of policies and limits of liability. 
148. Validity of policies of insurance issued in reciprocating countries. 
149. Settlement by insurance company and procedure therefor. 
150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party 

risks. 

151. Rights of third party against insurers on insolvency of insured. 
152. Duty to give information as to insurance. 
153. Settlement between insurers and insured persons. 
154. Saving in respect of sections 151, 152 and 153. 
155. Effect of death on certain causes of action. 
156. Effect of certificate of insurance. 
157. Transfer of certificate of insurance. 
158. Production of certain certificates, licence and permit in certain cases. 
159. Information to be given regarding accident. 
160. Duty to furnish particulars of vehicle involved in accident. 
161. Special provisions as to compensation in case of hit and run motor accident. 
162. Scheme for golden hour. 
163. Refund in certain cases of compensation paid under section 161. 
164. Payment of compensation in case of death or grevious hurt, etc. 
164A. Scheme for interim relief for claimants. 
164B. Motor Vehicle Accident Fund. 
164C. Power of Central Government to make rules. 
164D. Power of State Government to make rules. 

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CHAPTER XII 
CLAIMS TRIBUNALS 

SECTIONS 

165. Claims Tribunals. 
166. Application for compensation. 
167. Option regarding claims for compensation in certain cases. 
168. Award of the Claims Tribunal. 
169. Procedure and powers of Claims Tribunals. 
170. Impleading insurer in certain cases. 
171. Award of interest where any claim is allowed. 
172. Award of compensatory costs in certain cases. 
173. Appeals. 
174. Recovery of money from insurer as arrear of land revenue. 
175. Bar on jurisdiction of Civil Courts. 
176. Power of State Government to make rules. 
177. General provision for punishment of offences. 

    177A. Penalty for contravention of regulations under section 118. 

CHAPTER XIII 
OFFENCES, PENALTIES AND PROCEDURE 

178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor 

and refusal to ply contract carriage, etc. 

179. Disobedience of orders, obstruction and refusal of information. 
180. Allowing unauthorised persons to drive vehicles. 
181. Driving vehicles in contravention of section 3 or section 4. 
182. Offences relating to licences. 
182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor 
vehicles and components. 
182B. Punishment for contravention of section 62A. 
183. Driving at excessive speed, etc. 
184. Driving dangerously. 
185. Driving by a drunken person or by a person under the influence of drugs. 
186. Driving when mentally or physically unfit to drive. 
187. Punishment for offences relating to accident. 
188. Punishment for abetment of certain offences. 
189. Racing and trials of speed. 
190. Using vehicle in unsafe condition. 
191. [Omitted]. 
192.  Using vehicle without registration. 
192A. Using vehicle without permit. 
192B. Offences relating to registration. 
193. Punishment of agents, canvassers and aggregators without proper authority. 
194. Driving vehicle exceeding permissible weight. 
194A. Carriage of excess passengers. 
194B. Use of safety belts and the seating of children. 

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SECTIONS 

194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders. 
194D. Penalty for not wearing protective headgear. 
194E. Failure to allow free passage to emergency vehicles. 
194F. Use of horns and silence zones. 
195. [Omitted]. 
196. Driving uninsured vehicle. 
197. Taking vehicle without authority. 
198. Unauthorised interference with vehicle. 
198A. Failure to comply with standards for road design, construction and maintenance. 
199. Offences by companies. 
199A. Offences by juveniles. 
199B. Revision of fines. 
200. Composition of certain offences. 
201. Penalty for causing obstruction to free flow of traffic. 
202. Power to arrest without warrant. 
203. Breath tests. 
204. Laboratory test. 
205. Presumption of unfitness to drive. 
206. Power of police officer to impound document. 
207. Power to detain vehicles used without certificate of registration permit, etc. 
208. Summary disposal of cases. 
209. Restriction on conviction. 
210. Courts to send intimation about conviction. 
210A. Power of State Government to increase penalties. 
210B. Penalty for offence committed by an enforcing authority. 
210C. Power of Central Government to make rules. 
210D. Power of State Government to make rules. 

CHAPTER XIV 
MISCELLANEOUS 

211. Power to levy fee. 
  211A. Use of electronic forms and documents. 
212. Publication, commencement and laying of rules and notifications. 
213. Appointment of motor vehicles officers. 
214. Effect of appeal and revision on orders passed by original authority. 
215. Road Safety Councils and Committees. 
215A. Power of Central Government and State Government to delegate. 
215B. National Road Safety Board. 
215C. Power of Central Government to make rules. 
215D. Power of State Government to make rules. 
216. Power to remove difficulties. 
217. Repeal and savings. 
217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 

1939. 
THE FIRST SCHEDULE. 
THE SECOND SCHEDULE. [Omitted]. 

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THE MOTOR VEHICLES ACT, 1988 

ACT NO. 59 OF 1988 

An Act to consolidate and amend the law relating to motor vehicles. 

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 

[14th October, 1988.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Motor  Vehicles  Act, 

1988. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint; and different dates may be appointed for different States and any reference in 
this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the 
coming into force of this Act in that State. 

2. Definitions.—In this Act, unless context otherwise requires,— 

2[(1)  “adapted  vehicle”  means  a  motor  vehicle  either  specially  designed  and  constructed,  or  to 
which  alterations  have  been  made  under  sub-section  (2)  of  section  52,  for  the  use  of  a  person 
suffering from any physical defect or disability, and used solely by or for such person; 

(1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a 

driver for the purpose of transportation; 

(1B)  “area”, in  relation  to any  provision  of  this  Act, means  such  area  as  the  State  Government 
may,  having  regard  to  the  requirements  of  that  provision,  specify  by  notification  in  the  Official 
Gazette;] 

(2) “articulated vehicle” means a motor vehicle to which a semitrailer is attached; 

(3)  “axle  weight”  means  in  relation  to  an  axle  of  a  vehicle  the  total  weight  transmitted  by  the 

several wheels attached to that axle to the surface on which the vehicle rests; 

(4) “certificate of registration” means the certificate issued by a competent authority to the effect 

that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 

3[(4A)  “community  service”  means  an  unpaid  work  which  a  person is  required  to  perform  as  a 

punishment for an offence committed under this Act;] 

(5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from 
passengers, regulating their entrance into, or exit from, the stage carriage and performing such other 
functions as may be prescribed; 

(6)  “conductor’slicence”  means  the  licence  issued  by  a  competent  authority  under  Chapter  III 

authorising the person specified therein to act as a conductor; 

(7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or 
reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a 
whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a 
permit  in  relation  to  such  vehicle  or  any  person  authorised  by  him  in  this  behalf  on  a  fixed  or  an 
agreed rate or sum— 

(a) on a time basis, whether or not with reference to any route or distance; or 

1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Pt. II, sec. 3 (ii). 
2. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019). 
3. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 

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(b) from one point to another,  

and  in  either  case,  without  stopping  to  pick  up  or  set  down  passengers  not  included  in  the  contract 
anywhere during the journey, and includes— 

(i) amaxicab; and 

(ii) a motor cab notwithstanding that separate fares are charged for its passengers; 

(8) “dealer” includes a person who is engaged— 

1* 

* 

* 

* 

* 

(b) in building bodies for attachment to chassis; or 

(c) in the repair of motor vehicles; or 

(d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; 

(9)  “driver”  includes,  in  relation  to  a  motor  vehicle  which  is  drawn  by  another  motor  vehicle,  the 

person who acts as a steersman of the drawn vehicle; 

2[(9A) “driver refresher training course” means the course referred to in sub-section (2A) of section 

19;] 

(10) “driving licence” means the licence issued by a competent authority under Chapter II authorising 
the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of 
any specified class or description; 

(11) “educational institution bus” means an omnibus, which is owned by a college, school or other 
educational institution and used solely for the purpose of transporting students or staff of the educational 
institution in connection with any of its activities; 

(12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; 

2[(12A)  “golden  hour”  means  the  time  period  lasting  one  hour  following  a  traumatic  injury  during 

which there is highest likelihood of preventing death by providing prompt medical care;] 

(13)  “goods”  includes  live-stock,  and  anything  (other  than  equipment  ordinarily  used  with  the 
vehicle)  carried  by  a  vehicle  except  living  persons,  but  does  not  include  luggage  or  personal  effects 
carried  in  a  motor  car  or  in  a  trailer  attached  to  a  motor  car  or  the  personal  luggage  of  passengers 
travelling in the vehicle; 

(14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage 

of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; 

(15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load 

certified and registered by the registering authority as permissible for that vehicle; 

(16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor 

or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; 

(17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or 
educational  institution  bus  or  omnibus  the  gross  vehicle  weight  of  any  of  which,  or  a  motor  car  the 
unladen weight of which, exceeds 12,000 kilograms; 

3* 

* 

* 

* 

* 

(19)  “learner’s  licence”  means  the  licence  issued  by  a  competent  authority  under  Chapter  II 
authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any 
specified class or description; 

1. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 
2. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 
3. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 

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(20) “licensing authority” means an authority empowered to issue licences under Chapter II or, as the 

case may be, Chapter III; 

(21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of 
which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 1[7500] 
kilograms; 

2[(21A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;] 

(22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, 

but not more than twelve passengers, excluding the driver, for hire or reward; 

(23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy 

goods vehicle; 

(24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, 
or educational institution bus other than a motor cycle,  3[adapted vehicle], light motor vehicle or heavy 
passenger motor vehicle; 

(25)  “motorcab”  means  any  motor  vehicle  constructed  or  adapted  to  carry  not  more  than  six 

passengers excluding the driver for hire or reward; 

(26)  “motor  car”  means  any  motor  vehicle  other  than  a  transport  vehicle,  omnibus,  road-roller, 

tractor, motor cycle or 3[adapted vehicle]; 

(27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having 

an extra wheel, attached to the motor vehicle; 

(28)  “motor  vehicle”  or  “vehicle”  means  any  mechanically  propelled  vehicle  adapted  for  use  upon 
roads  whether  the  power  of  propulsion  is  transmitted  thereto  from  an  external  or  internal  source  and 
includes  a  chassis  to  which  a  body  has  not  been  attached  and  a  trailer;  but  does  not  include  a  vehicle 
running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other 
enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 
4[twenty-five cubic centimetres]; 

(29)  “omnibus”  means  any  motor  vehicle  constructed  or  adapted  to  carry  more  than  six  persons 

excluding the driver; 

(30)  “owner”  means  a  person  in  whose  name  a  motor  vehicle  stands  registered,  and  where  such 
person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a 
hire-purchase,  agreement,  or  an  agreement  of  lease  or  an  agreement  of  hypothecation,  the  person  in 
possession of the vehicle under that agreement; 

(31)  “permit”  means  a  permit  issued  by  a  State  or  Regional  Transport  Authority  or  an  authority 

prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; 

(32) “prescribed” means prescribed by rules made under this Act; 

(33) “private service vehicle” means a motor vehicle constructed or adapted to carry  more than six 
persons  excluding  the  driver  and  ordinarily  used  by  or  on  behalf  of  the  owner  of  such  vehicle  for  the 
purpose  of  carrying  persons  for,  or  in  connection  with,  his  trade  or  business  otherwise  than  for  hire  or 
reward but does not include a motor vehicle used for public purposes; 

(34) “public place” means a road, street, way or other place, whether a thoroughfare or not, to which 
the public have a right of access, and includes any place or stand at which passengers are picked up or set 
down by a stage carriage; 

(35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of 

passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; 

1. Subs. by Act 54 of 1994, s. 2, for “6000” (w.e.f. 14-11-1994). 
2. Ins. by s. 2, ibid. (w.e.f. 14-11-1994).  
3. Subs. by Act 32 of 2019, s. 2, for “invalid carriage” (w.e.f. 1-9-2019). 
4. Subs. by Act 54 of 1994, s. 2, for “thirty-five cubic centimetres” (w.e.f. 14-11-1994). 

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(36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and 

registered by the registering authority as permissible for that axle; 

(37) “registering authority” means an authority empowered to register motor vehicles under Chapter 

IV; 

(38) “route” means a line of travel which specifies the highway which may be traversed by a motor 

vehicle between one terminus and another; 

1[(38A) “scheme” means a scheme framed under this Act;] 

2[(39)  “semi-trailer”  means  a  vehicle  not  mechanically  propelled  (other  than  a  trailer),  which  is 
intended to be connected to a motor vehicle and which is so constructed that a portion of it is  super-
imposed on, and a part of whose weight is borne by, that motor vehicle;] 

(40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers 
excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the 
whole journey or for stages of the journey; 

(41) “State Government” in relation to a Union territory means the Administrator thereof appointed 

under article 239 of the Constitution; 

(42)  “State  transport  undertaking”  means  any  undertaking  providing  road  transport  service,  where 

such undertaking is carried on by,— 

(i) the Central Government or a State Government; 

(ii)  any  Road  Transport  Corporation  established  under  section  3  of  the  Road  Transport 

Corporations Act, 1950 (64 of 1950); 

(iii)  any  municipality  or  any  corporation  or  company  owned  or  controlled  by  the  Central 
Government or one or more State Governments, or by the Central Government and one or more State 
Governments; 

3[(iv) Zilla Parishad or any other similar local authority.] 

Explanation.—For the purposes of this clause, “road transport service” means a service of motor 

vehicles carrying passengers or goods or both by road for hire or reward; 

1[(42A) “testing agency” means any entity designated as a testing agency under section 110B;] 

(43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained 

in accordance with such specifications as may be prescribed in this behalf; 

(44)  “tractor”  means  a  motor  vehicle  which  is  not  itself  constructed  to  carry  any  load  (other  than 

equipment used for the purpose of propulsion); but excludes a road-roller; 

(45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or 

other devices for the information, guidance or direction of drivers of motor vehicles; 

(46)  “trailer”  means  any  vehicle,  other  than  a  semi-trailer  and  a  side-car,  drawn  or  intended  to  be 

drawn by a motor vehicle; 

(47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution 

bus or a private service vehicle; 

(48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used 
with  the  vehicle  or  trailer  when  working,  but  excluding  the  weight  of  a  driver or  attendant;  and  where 
alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with 
the heaviest such alternative part or body; 

1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 
3. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 

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(49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the 

surface on which the vehicle rests 1[or moves]. 

2[2A.  e-cart  and  e-rickshaw.—(1)  Save  as  otherwise  provided in  the  proviso to  sub-section  (1)  of 
section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. 

(2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered 
vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the 
case  may  be,  for  hire  or  reward,  manufactured,  constructed  or  adapted,  equipped  and  maintained  in 
accordance with such specifications, as may be prescribed in this behalf.] 

3[2B. Promotion of innovation.—Notwithstanding anything contained in this Act and subject to such 
conditions as may be prescribed by the Central Government, in order to promote innovation, research and 
development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in 
general, the Central Government may exempt certain types of mechanically propelled vehicles from the 
application of the provisions of this Act.] 

CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES 

3.  Necessity  for  driving  licence.—(1)  No  person  shall  drive  a  motor  vehicle  in  any  public  place 
unless  he  holds  an  effective  driving  licence  issued  to  him  authorising  him  to  drive  the  vehicle;  and  no 
person shall so drive a transport vehicle [other than 4[a motor cab or motor cycle] hired for his own use or 
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically 
entitles him so to do. 

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions 

in driving a motor vehicle shall be such as may be prescribed by the Central Government. 

4.  Age  limit  in  connection  with  driving  of  motor  vehicles.—(1)  No  person  under  the  age  of 

eighteen years shall drive a motor vehicle in any public place: 

Provided  that  5[a  motor  cycle  with  engine  capacity  not  exceeding  50cc]  may  be  driven  in  a  public 

place by a person after attaining the age of sixteen years. 

(2)  Subject  to  the  provisions  of  section  18,  no  person  under  the  age  of  twenty  years  shall  drive  a 

transport vehicle in any public place. 

(3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class 

to which he has made an application unless he is eligible to drive that class of vehicle under this section.  

5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.—No owner 
or  person  in  charge  of  a  motor  vehicle  shall  cause  or  permit  any  person  who  does  not  satisfy  the 
provisions of section 3 or section 4 to drive the vehicle. 

6. Restrictions on the holding of driving licences.—(1) No person shall, while he holds any driving 
licence for the time being in force, hold any other driving licence except a learner’s licence or a driving 
licence issued in accordance with the provisions of section 18 or a document authorising, in accordance 
with the rules made under section 139, the person specified therein to drive a motor vehicle. 

(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. 

(3)  Nothing  in  this  section  shall  prevent  a  licensing  authority  having  the  jurisdiction  referred  to  in 
sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the 
holder to drive. 

1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 
2. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015). 
3. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1-9-2019). 
4. Subs. by Act 54 of 1994, s. 3 for “a motor cab” (w.e.f. 14-11-1994). 
5. Subs. by s. 4, ibid., for “a motor cycle without gear” (w.e.f. 14-11-1994). 

12 

 
                                                           
7.  Restrictions  on  the  granting  of  learner’slicences for  certain  vehicles.—1[(1)  No  person  shall 
be  granted  a  learner's  licence  to  drive  a  transport  vehicle  unless  he  has  held  a  driving  licence  to 
drive a light motor vehicle for at least one year:] 

2[Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.] 
(2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor 
cycle without gear except with the consent in writing of the person having the care of the person desiring 
the learner’s licence. 

8. Grant of learner’s licence.—(1) Any person who is not disqualified under section 4 for driving a 
motor  vehicle  and  who  is not for  the time  being  disqualified for  holding  or  obtaining  a  driving  licence 
may, subject to the provisions of section 7, apply to 3[any of the licensing authority in the State]— 

(i) in which he ordinarily resides or carries on business, or 

(ii)  in  which  the  school  or  establishment  referred  to  in  section  12  from  where  he  intends  to 

receive instruction in driving a motor vehicle is situate, 

for the issue to him of a learner’s licence. 

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such 
documents 4[with such fee and submit in such manner, including electronic means] as may be prescribed 
by the Central Government. 

(3) Every application 5[to drive a transport vehicle made] under sub-section (1) shall be accompanied 
by a medical certificate in such form as may be prescribed by the Central Government and signed by such 
registered  medical  practitioner,  as the  State  Government  or  any  person  authorised  in  this  behalf  by  the 
State Government may, by notification in the Official Gazette, appoint for this purpose: 

* 

6* 
(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that 
the applicant is suffering from any disease or disability which is likely to cause the driving by him of a 
motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be 
a  source  of  danger  to  the  public  or  to  the  passengers,  the  licensing  authority  shall  refuse  to  issue  the 
learner’s licence: 

* 

* 

* 

Provided  that  a  learner’s  licence  limited  to  driving  an  7[adapted  vehicle]  may  be  issued  to  the 

applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. 

(5) No learner’s licence shall be issued to any applicant unless he 8[satisfies such conditions] as may 

be prescribed by the Central Government. 

(6) When an application has been duly made to the appropriate licensing authority and the applicant 
has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction 
of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the 
provisions of section 7, issue the applicant a learner’s licence unless the applicant is disqualified under 
section  4  for  driving  a  motor  vehicle  or  is  for  the  time  being  disqualified  for  holding  or  obtaining  a 
licence to drive a motor vehicle: 

Provided  that  a  licensing  authority  may  issue  a  learner’s  licence  to  drive  a  motor  cycle  or  a  light 
motor  vehicle  notwithstanding  that  it  is  not  the  appropriate  licensing  authority,  if  such  authority  is 
satisfied  that  there  is  good  reason  for  the  applicant’s  inability  to  apply  to  the  appropriate  licensing 
authority. 

1. Subs. by Act 54 of 1994, s. 5, for sub-section (1) (w.e.f. 14-11-1994). 
2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015). 
3. Subs. by Act 32 of 2019, s. 4, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 
4. Subs. by s. 4, ibid., for “and with such fee” (w.e.f. 1-9-2019). 
5. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 
6. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 
7. Subs. by s. 4, ibid., for “invalid carriage” (w.e.f. 1-9-2019). 
8. Subs. by s. 4, ibid., for “passes to the satisfaction of the licensing authority such test” (w.e.f. 1-4-2021). 

13 

 
 
 
 
 
 
 
 
 
                                                           
1[Provided further that a licencing authority may issue a learner’s licence in electronic form and such 

manner as may be prescribed by the Central Government.: 

Provided  also  that  the  licensing  authority  may,  before  issuing  the  license,  verify  the  identity  of  the 

applicant in such manner as may be prescribed by the Central Government.] 

(7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by 
rules  made  in  this  behalf,  exempt  generally,  either  absolutely  or  subject  to  such  conditions  as  may  be 
specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or 
both. 

(8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of 
this  Act  shall,  after  such  commencement,  be  deemed  to  be  effective  for  driving  a  motor  cycle  with  or 
without gear. 

9. Grant of driving licence—(1) Any person who is not for the time being disqualified for holding or 

obtaining a driving licence may apply to 2[any licensing authority in the State]— 

(i) in which he ordinarily resides or carries on business, or 

(ii) in which the school or establishment referred to in section 12 from where he is receiving or 

has received instruction in driving a motor vehicle is situated,  

for the issue to him of a driving licence. 

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such 

fee and such documents as may be prescribed by the Central Government. 

3[(3) If the applicant passes such test as may be prescribed by  the Central Government, he shall be 

issued the driving licence: 

Provided that no such test shall be necessary where the applicant produces proof to show that— 

(a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that 
the period between thed ate of expiry of that licence and the date of the application does not exceed 
five years, or 

(ii)  the  applicant  holds  or  has  previously  held  a  driving  licence to  drive  such class  of  vehicle 

issued under section 18, or 

(iii)  the  applicant  holds  a  driving  licence  to  drive  such  class of vehicle issued by a competent 
authority of any country outside India, subject to the condition that the applicant complies with the 
provisions of sub-section (3) of section 8, 

(b) the applicant is not suffering from any disability which is likely to cause the driving by him to 
be  a  source  of  danger  to  the  public;  and  the  licensing  authority  may,  for  that  purpose,  require  the 
applicant to produce a medical certificate in the same form and in the same manner as is referred to in 
sub-section (3) of section 8: 

4[Provided  further  that  a  driving  licence  for  driving  an  adapted  vehicle  may  be  issued  to  the 

applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] 

(4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be 
granted to any applicant unless he possesses 5*** a driving certificate issued by a school or establishment 
referred to in section 12. 

6[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a 

period of seven days: 

1. The Provisos ins. by Act 32 of 2019, s. 4 (1-4-2021). 
2. Subs. by s. 5, ibid., for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 
3. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 
4. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 
5. The words “such minimum educational qualification as may be prescribed by the Central Government and” omitted by s. 5, 

ibid (w.e.f. 1-9-2019). 

6. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 

14 

 
                                                           
Provided that where the applicant does not pass the test even after three appearances, he shall not be 
qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such 
test 1[and such applicant shall be required to complete a remedial driver training course from any school 
or establishment under section 12].] 

(6)  The  test  of  competence  to  drive  shall  be  carried  out  in  a  vehicle  of  the  type  to  which  the 

application refers: 

Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to 

have passed a test in driving a motor cycle without gear. 

(7) When any application has been duly made to the appropriate licensing authority and the applicant 
has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a 
driving licence unless the applicant is for the  time being disqualified for holding  or obtaining a driving 
licence: 

Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor 
vehicle  notwithstanding  that  it  is  not  the  appropriate  licensing  authority,  if  the  licensing  authority  is 
satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate 
licensing authority: 

Provided further that the licensing authority shall not issue a new driving licence to the applicant, if 
he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for 
his inability to obtain a duplicate copy of his former licence. 

(8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that 

he— 

(a) is a habitual criminal or a habitual drunkard; or 
(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the 

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or 

(c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, 

it may, for reasons to be recorded  in writing, make an order refusing to issue a driving licence to such 
person and any person aggrieved by an order made by a licensing authority under this sub-section may, 
within thirty days of the receipt of the order, appeal to the prescribed authority. 

(9) Any driving licence for driving a motor cycle in force immediately before the commencement of 
this  Act  shall,  after  such  commencement,  bedeemed  to  be  effective  for  driving  a  motor  cycle  with  or 
without gear. 

2[(10)  Notwithstanding  anything  contained  in  this  section,  the  driving  licence  to  drive  e-cart  or  

e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.] 

10. Form and contents of licences to drive.—(1) Every learner’s licence and driving licence, except 
a driving licence issued under section 18, shall be in such form and shall contain such information as may 
be prescribed by the Central Government. 

(2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the 

holder to drive a motor vehicle of one or more of the following classes, namely:— 

(a) motor cycle without gear; 
(b) motor cycle with gear; 
(c) 3[adapted vehicle]; 
(d) light motor vehicle; 
4[(e) transport vehicle;] 
(i) road-roller; 
(j) motor vehicle of a specified description. 

1. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-4-2021). 
2. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 
3. Subs. by Act 32 of 2019, s. 6, for “invalid carriage” (w.e.f. 1-9-2019). 
4. Subs. by Act 54 of 1994, s. 8, for cls. (e) to (h) (w.e.f. 14-11-1994).  

15 

 
                                                           
11.  Additions  to  driving  licence.—(1)  Any  person  holding  a  driving  licence  to  drive  any  class  or 
description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving 
licence to drive any other class or description of motor vehicles, may apply to 1[any licensing authority in 
the State] in which he resides or carries on his business in such form and accompanied by such documents 
and with such fees as may be prescribed by the Central Government for the addition of such other class or 
description of motor vehicles to the licence. 

(2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 
shall apply to an application under this section as if the said application were for the grant of a licence 
under  that  section  to  drive  the  class  or  description  of  motor  vehicles  which  the  applicant  desires  to  be 
added to his licence. 

2[Provided  that  the  licensing  authority  may,  before  issuing  the  license  verify  the  identity  of  the 

applicant in such manner as may be prescribed by the Central Government.] 

12. Licensing and regulation of schools or establishments for imparting instruction in driving of 
motor  vehicles.—(1)  The  Central  Government  may  make  rules  for  the  purpose  of  licensing  and 
regulating, by the State Governments, schools or establishments (by whatever name called) for imparting 
instruction in driving of motor vehicles and matters connected therewith. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) licensing of such schools or establishments including grant, renewal and revocation of such 

licences; 

(b) supervision of such schools or establishments; 
(c) the form of application and the form of licence and the particulars to be contained therein; 
(d) fee to be paid with the application for such licences; 
(e) conditions subject to which such licences may be granted; 
(f) appeals against the orders of refusal to grant or renew such licences and appeals against the 

orders revoking such licences; 

(g)  conditions  subject  to  which  a  person  may  establish  and  maintain  any  such  school  or 

establishment for imparting instruction in driving of motor vehicles; 

(h)  nature,  syllabus  and  duration  of  course  or  courses  for  efficient  instruction  in  driving  any 

motor vehicle; 

(i) apparatus and equipments (including motor vehicles fitted with dual control) required for the 

purpose of imparting such instruction; 

(j)  suitability  of  the  premises  at  which  such  schools  or  establishments  may  be  established  or 

maintained and facilities to be provided therein; 

(k)  qualifications,  both  educational  and  professional  (including  experience),  which  a  person 

imparting instruction in driving a motor vehicle shall possess; 

(l) inspection  of  such schools  and  establishments (including  the  services  rendered  by  them  and 

the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); 

(m) maintenance of records by such schools or establishments; 
(n) financial stability of such schools or establishments; 
(o) the driving certificates, if any, to be issued by such schools or establishments and the form in 
which  such  driving  certificates  shall  be  issued  and  the  requirements  to  be  complied  with  for  the 
purposes of issuing such certificates; 

(p) such other matters as may be necessary to carry out the purposes of this section. 

(3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by 
rules  made  in  this  behalf,  exempt  generally,  either  absolutely  or  subject  to  such  conditions  as  may  be 

1. Subs. by Act 32 of 2019, s. 7, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 
2. Ins. by s. 7, ibid., (w.e.f. 1-4-2021). 

16 

 
                                                           
specified  in  the  rules,  any  class  of  schools  or  establishments  imparting  instruction  in  driving  of  motor 
vehicles or matters connected therewith from the provisions of this section. 

(4) A school or establishment imparting instruction in driving of motor vehicles or matters connected 
therewith  immediately  before  the  commencement  of  this  Act  whether  under  a  licence  or  not,  may 
continue to impart such instruction without a licence issued under this Act for a period of one month from 
such  commencement,  and  if  it  has  made  an  application  for  such  licence  under  this  Act  within  the  said 
period of one month and such application is in the prescribed form, contains the prescribed particulars and 
is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 

1[(5) Notwithstanding anything contained in any other provision, where any school or establishment 
has been accredited by a body notified by the Central Government under any other law for the time being 
in force, any person  who has successfully completed a training module at such school or establishment 
covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of 
motor vehicle. 

(6)  The  curriculum  of  the  training  module  referred  to  in  sub-section  (5)  and  the  remedial  driver 
training  course  referred  to  in  sub-section  (5)  of  section  9  shall  be  such  as  may  be  prescribed  by  the 
Central  Government  and  that  Government  may  make  rules  for  the  regulation  of  such  schools  or 
establishments.] 

13. Extent of effectiveness of licences, to drive motor vehicles.—A learner’s licence or a driving 

licence issued under this Act shall be effective throughout India. 

14.  Currency  of  licences  to  drive  motor  vehicles.—(1)  A  learner’s  licence  issued  under  this  Act 
shall, subject to the other provisions of this Act, be effective for a period of six months from the date of 
issue of the licence. 

(2) A driving licence issued or renewed under this Act shall,— 

(a) in the case of a licence to drive a transport vehicle, be effective for a period of  2[five years]: 

3*** 

4[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous 
or  hazardous nature be effective for a period of 5[three years and renewal thereof shall be subject to 
such conditions as the Central Government may prescribe; and];] 

6[(b) in the case of any other licence, subject to such conditions as the Central Government may 

prescribe, if the person obtaining the licence, either originally or on renewal thereof,— 

(i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective 

until the date on which such person attains the age of forty years; or 

(ii) has attained the age of thirty years but has not attained the age of fifty years on the date of 
issue  or,  renewal  thereof,  be  effective  for  a  period  of  ten  years  from  the  date  of  such  issue  or 
renewal; or 

(iii) has attained the age of fifty years but has not attained the age of fifty-five years on the 
date of issue or, renewal thereof, be effective until the date on which such person attains the age 
of sixty years; or 

(iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal 

thereof, be effective for a period of five years from the date of such issue or renewal.] 

7* 

* 

* 

* 

* 

15. Renewal of driving licences.—(1) Any licensing authority may, on application made to it, renew 

a driving licence issued under the provisions of this Act with effect from the date of its expiry: 

1. Ins. by Act 32 of 2019, s. 8 (w.e.f. 1-7-2021). 
2. Subs. by s. 9, ibid., for “three years” (w.e.f. 1-9-2019). 
3. The word “and” omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 
4. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 
5. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 
6. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 
7. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). 

17 

 
 
 
 
 
 
 
 
 
                                                           
Provided that in any case where the application for the renewal of a licence is made  1[either one year 
prior  to  date  of  its  expiry  or  within  one  year]  after  the  date  of  its  expiry,  the  driving  licence  shall  be 
renewed with effect from the date of its renewal: 

Provided further that where the application is for the renewal of a licence to drive a transport vehicle 
or  where  in  any  other  case  the  applicant  has  attained  the  age  of  forty  years,  the  same  shall  be 
accompanied  by  a  medical  certificate  in  the  same  form  and  in  the  same  manner  as  is  referred  to  in                 
sub-section  (3)  of  section  8,  and  the  provisions  of  sub-section  (4)  of  section  8  shall,  so  far  as  may  be, 
apply in relation to every such case as they apply in relation to a learner’s licence. 

(2) An application for the renewal of a driving licence shall be made in such form and accompanied 

by such documents as may be prescribed by the Central Government. 

(3) Where an application for the renewal of a driving licence is made previous to, or not more than 
2[one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed 
by the Central Government in this behalf. 

(4) Where an application for the renewal of a driving licence is made more than  1[one year] after the 
date  of  its  expiry,  the  fee  payable  for  such  renewal  shall  be  such  amount  as  may  be  prescribed  by  the 
Central Government: 

Provided  that  the  fee  referred  to  in  sub-section  (3)  may  be  accepted  by  the  licensing  authority  in 
respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied 
that the applicant was prevented by good and sufficient cause from applying within the time specified in 
sub-section (3): 

Provided  further  that  if  the  application  is  made  more  than  3[one  year  after  the  driving  licence  has 
ceased  to  be  effective,  the  licensing  authority  shall]  refuse  to  renew  the  driving  licence,  unless  the 
applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section 
(3) of section 9. 

(5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent 

and in such manner as may be prescribed by the Central Government. 

(6)  Where  the  authority  renewing  the  driving  licence  is  not  the  authority  which  issued  the  driving 

licence it shall intimate the fact of renewal to the authority which issued the driving licence. 

16. Revocation of driving licence on grounds of disease or disability.—Notwithstanding anything 
contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or 
may  require, as  a  condition  of  continuing  to  hold  such  driving  licence,  the  holder  thereof  to  produce a 
medical  certificate  in  the  same  form  and  in  the  same  manner  as  is  referred  to  in  sub-section  (3)  of  
section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence 
is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a 
driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the 
authority which issued that licence. 

17. Orders refusing or revoking driving licences and appeals therefrom—(1) Where a licensing 
authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or 
refuses  to  add  a class or  description  of  motor  vehicle  to any  driving  licence,  it shall  do  so  by  an  order 
communicated to the applicant or the holder, as the case may be, giving the reasons in writing for  such 
refusal or revocation. 

(2)  Any  person  aggrieved  by  an  order  made  under  sub-section  (1)  may,  within  thirty  days  of  the 
service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving 
such person and the authority which made the order an opportunity of being heard and the decision of the 
appellate authority shall be binding on the authority which made the order. 

1. Subs. by Act 32 of 2019, s. 10, for “more than thirty days” (w.e.f. 1-9-2019). 
2. Subs. by s. 10, ibid., for “thirty days” (w.e.f. 1-9-2019). 
3. Subs. by s. 10, ibid., for “five years after the driving licence has ceased to be effective, the licensing authority may” (w.e.f. 1-
9-2019). 

18 

 
                                                           
18.  Driving  licences  to  drive  motor  vehicles,  belonging  to  the  Central  Government.—(1)  Such 
authority  as  may  be  prescribed  by  the  Central  Government  may  issue  driving  licence  valid  throughout 
India to persons who have completed their eighteenth year to drive motor vehicles which are the property 
or for the time being under the exclusive control of the Central Government and are used for Government 
purposes relating to the defence of the country and unconnected with any commercial enterprise. 

(2) A driving licence issued under this section shall specify the class or description of vehicle which 

the holder is entitled to drive and the period for which he is so entitled. 

(3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle 

except a motor vehicle referred to in sub-section (1). 

(4)  The  authority  issuing  any  driving  licence  under  this  section  shall,  at  the  request  of  any  State 
Government, furnish such information respecting any person to whom a driving licence is issued as that 
Government may at any time require. 

19.  Power  of  licensing  authority  to  disqualify  from  holding  a  driving  licence  or  revoke  such 
licence.—(1)  If  a  licensing  authority  is  satisfied,  after  giving  the  holder  of  a  driving  licence  an 
opportunity of being heard, that he— 

(a) is a habitual criminal or a habitual drunkard; or 

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the 

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or 

(c) is using or has used a motor vehicle in the commission of a cognizable offence; or 

(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be 

attended with danger to the public; or 

(e) has obtained any driving licence or a licence to drive a particular class or description of motor 

vehicle by fraud or misrepresentation; or 

(f) has committed any such act which is likely to cause nuisance or danger to the public, as may 

be prescribed by the Central Government, having regard to the objects of this Act; or 

(g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) 

of section 22; or 

(h) being a person under the age of eighteen years who has been granted a learner’s licence or a 
driving licence with the consent in writing of the person having the care of the holder of the licence 
and has ceased to be in such care, 

it may, for reasons to be recorded in writing, make an order— 

(i) disqualifying that person for a specified period for holding or obtaining any driving licence to 

drive all or any classes or descriptions of vehicles specified in the licence; or 

(ii) revoke any such licence. 

1[(1A)  Where  a licence has  been  forwarded  to  the  licensing  authority  under  sub-section  (4)  of                   

section  206,  the  licensing  authority,  if  satisfied  after  giving  the  holder  of  the  driving  licence  an 
opportunity  of  being  heard,  may  either  discharge  the holder  of  a  driving  licence  or, it  may  for  detailed 
reasons  recorded  in  writing,  make  an  order  disqualifying  such  person  from  holding  or  obtaining  any 
licence to drive all or any class or description of vehicles specified in the licence— 

(a) for a first offence, for a period of three months; 

(b) for a second or subsequent offence, with revocation of the driving licence of such person: 

Provided  that  where  a  driving  licence  is  revoked  under  this  section,  the  name  of  the  holder  of  such 
driving licence may be placed in the public domain in such manner as may be prescribed by the Central 
Government.] 

1. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1-4-2021). 

19 

 
                                                           
(2)  Where  an  order  under  sub-section  (1)  1[or  sub-section  (1A)]  is  made,  the  holder  of  a  driving 
licence  shall  forthwith  surrender  his  driving  licence  to  the  licensing  authority  making  the  order,  if  the 
driving licence has not already been surrendered, and the licensing authority shall,— 

(a)  if  the  driving  licence  is  a  driving  licence  issued  under  this  Act,  keep  it  until  the 

disqualification has expired or has been removed; or 

(b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send 

it to the licensing authority by which it was issued; or 

(c)  in  the  case  of  revocation  of  any  licence,  endorse  the  revocation  upon  it  and  if  it  is  not  the 
authority  which  issued  the  same,  intimate  the  fact  of  revocation  to  the  authority  which  issued  that 
licence: 

2[Provided  that  the  driving  licence  shall  be  returned  to  the  holder  at  the  end  of  the  period  of 

disqualification only if he successfully completes the driver refresher training course.] 

3[(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training 
course from a school or establishment licenced and regulated under section 12 or such other agency, as 
may be notified by the Central Government. 

(2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be 

prescribed by the Central Government.] 

(3) Any person aggrieved by an order made by a licensing authority under sub-section (1)  1[or sub-
section (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and 
such appellate authority shall give notice to the licensing authority and hear either party if so required by 
that  party  and  may  pass  such  order  as  it thinks fit  and  an  order  passed  by  any such appellate  authority 
shall be final. 

20. Power of Court to disqualify.—(1) Where a person is convicted of an offence under this Act or 
of an offence in the commission of which a motor vehicle was used, the Court by which such person is 
convicted  may,  subject  to  the  provisions  of  this  Act,  in  addition  to  imposing  any  other  punishment 
authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may 
specify, from holding any driving licence to drive all classes or description of vehicles, or any particular 
class or description of such vehicles, as are specified in such licence: 

Provided that in respect of an offence punishable under section 183 no such order shall be made for 

the first or second offence. 

(2)  Where  a  person  is  convicted  of  an  offence  under  clause  (c)  of  sub-section  (1)  of  section  132, 
section  134  or  section  185,  the  Court  convicting  any  person  of  any  such  offence  shall  order  the 
disqualification  under  sub-section  (1),  and  if  the  offence  is  relatable  to  clause  (c)  of  sub-section(1)  of 
section 132 or section 134, such disqualification shall be for a period of not less than one month, and if 
the  offence  is  relatable  to  section  185,  such  disqualification  shall  be  for  a  period  of  not  less  than  six 
months. 

(3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, 

order the disqualification of a person— 

(a) who having been convicted of an offence punishable under section 184 is again convicted of 

an offence punishable under that section, 

(b) who is convicted of an offence punishable under section 189, or 

(c) who is convicted of an offence punishable under section 192: 

Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five 

years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. 

1. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1-4-2021). 
2. The Proviso subs. by s. 11,  ibid, (w.e.f. 1-4-2021). 
3. Ins. by s. 11, ibid., (w.e.f. 1-4-2021). 

20 

 
                                                           
(4) A Court ordering the disqualification of a person convicted of an offence punishable under section 
184 may direct that such person shall, whether he has previously passed the test of competence to drive as 
referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making 
of the order of disqualification passed that test to the satisfaction of the licensing authority. 

(5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature 
specified  in  sub-section  (1)  may  set  aside  or  vary  any  order  of  disqualification  made  under  that  
sub-section  notwithstanding  that  no  appeal  would  lie  against  the  conviction  as  a  result  of  which  such 
order of disqualification was made. 

21.  Suspension  of  driving  licence  in  certain  cases.—(1)  Where,  in  relation  to  a  person  who  had 
been  previously  convicted  of  an  offence  punishable  under  section  184,  a  case  is  registered  by  a  police 
officer  on  the  allegation  that  such  person  has,  by  such  dangerous  driving  as  is  referred  to  in  the  said 
section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or 
more  persons,  the  driving  licence  held  by  such  person  shall  in  relation  to  such  class  or  description  of 
motor vehicle become suspended— 

(a) for a period of six months from the date on which the case is registered, or 

(b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such 

discharge or acquittal, as the case may be. 

(2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes 
suspended,  the  police  officer,  by  whom  the  case referred to  in  sub-section  (1) is  registered,  shall  bring 
such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, 
such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the 
fact of such endorsement to the licensing authority by which the licence was granted or last renewed. 

(3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel 

the endorsement on such driving licence with regard to the suspension thereof. 

(4) If a driving licence in relation to a particular class or description of motor vehicles is suspended 
under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any 
licence  to  drive  such  particular  class  or  description  of  motor  vehicles  so  long  as  the  suspension  of  the 
driving licence remains in force. 

22.  Suspension  or  cancellation  of  driving  licence  on  conviction.—(1)  Without  prejudice  to  the 
provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is 
convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class 
or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which 
such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence 
held by such person in so far as it relates to that class or description of motor vehicle. 

(2)  Without  prejudice  to  the  provisions  of  sub-section  (2)  of  section  20,  if  a  person,  having  been 
previously  convicted  of  an  offence  punishable  under  section  185  is  again  convicted  of  an  offence 
punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the 
driving licence held by such person. 

(3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving 
licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the 
driving  licence  so  endorsed  to  the  authority  by  which  the  licence  was  issued  or  last  renewed  and  such 
authority  shall,  on  receipt  of  the  licence,  keep  the  licence  in  its  safe  custody,  and  in  the  case  of  a 
suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on 
an application made by him for such return: 

Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the 
period  of  suspension,  undergone  and  passed,  to  the satisfaction  of  the licensing  authority  by  which  the 
licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of 
section 9 and produced a medical certificate in the same form and in the same manner as is referred to in 
sub-section (3) of section 8. 

21 

 
(4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended 
under this  section,  the  person  holding  such  a  licence shall  be  debarred from  holding,  or  obtaining,  any 
licence  to  drive  such  particular  class  or  description  of  motor  vehicles  so  long  as  the  cancellation  or 
suspension of the driving licence remains in force. 

23. Effect of disqualification order.—(1) A person in respect of whom any disqualification order is 
made under section 19 or section 20 shall be debarred to the extent and for the period specified in such 
order from holding or obtaining a driving licence and the driving licence, if any, held by such person at 
the date of the order shall cease to be effective to such extent and during such period. 

(2)  The  operation  of  a  disqualification  order  made  under  section  20  shall  not  be  suspended  or 
postponed  while  an appeal  is  pending  against such  order  or against  the  conviction  as  a  result  of  which 
such order is made, unless the appellate court so directs. 

(3) Any person in respect of whom any disqualification order has been made may at any time after the 
expiry of six months from the date of the order apply to the Court or other authority by which the order 
was  made,  to  remove  the disqualification;  and  the  Court  or  authority,  as the  case  may  be,  may,  having 
regard to all the circumstances, either cancel or vary the disqualification order: 

Provided that where the Court or other authority refuses to cancel or vary any disqualification order 
under this section, a second application thereunder shall not be entertained before the expiry of a period 
of three months from the date of such refusal. 

24. Endorsement.—(1) The Court or authority making an order of disqualification shall endorse or 
cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the 
order  of  disqualification  and  of  any  conviction  of  an  offence  in  respect  of  which  an  order  of 
disqualification  is  made;  and  particulars  of  any  cancellation  or  variation  of  an  order  of  disqualification 
made under sub-section (3) of section 23 shall be similarly so endorsed. 

(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by 
the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification 
order  is  made  in  respect  of  such  conviction,  endorse  or  cause  to  be  endorsed  particulars  of  such 
conviction on any driving licence held by the person convicted. 

(3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court 

bring with him his driving licence if it is in his possession. 

(4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a 
period exceeding three months the Court awarding the sentence shall endorse the fact of such sentence 
upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of 
such endorsement to the authority by which the driving licence was granted or last renewed. 

(5)  When  the  driving  licence  is  endorsed  or  caused  to  be  endorsed  by  any  Court,  such  Court  shall 
send  the  particulars  of  the  endorsement  to  the  licensing  authority  by  which  the  driving  licence  was 
granted or last renewed. 

(6)  Where  on  an  appeal  against  any  conviction  or  order  of  a  Court,  which  has been  endorsed  on  a 
driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall 
inform  the  licensing  authority  by  which  the  driving  licence  was  granted  or  last  renewed  and  such 
authority shall amend or cause to be amended the endorsement. 

25.  Transfer  of  endorsement  and  issue  of  driving  licence  free  from  endorsement.—(1)  An 
endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained 
by  the  holder  thereof  until  the  holder  becomes  entitled  under  the  provisions  of  this  section  to  have  a 
driving licence issued to him free from endorsement. 

22 

 
(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession 

of the Court or authority by which the endorsement is to be made, then— 

(a) if the person in respect of whom the endorsement is to be made is at the time the holder of a 
driving licence, he shall produce the driving licence to the Court or authority within five days, or such 
longer time as the Court or authority may fix; or 

(b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he 

shall within five days after obtaining the driving licence produce it to the Court or authority, 

and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, 
be of no effect until it is produced for the purpose of endorsement. 

(3)  A  person  whose  driving  licence  has  been  endorsed  shall, if  during  a  continuous  period  of  three 
years  after  such  endorsement  no  further  endorsement  has  been  made  against  him,  be  entitled  on 
surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence 
free from all endorsements: 

Provided  that  if  the  endorsement  is  only  in  respect  of  an  offence  contravening  the  speed  limits 
referred to in section 112, such person shall be entitled to receive a new driving licence free from such 
endorsements on the expiration of one year of the date of the endorsement: 

Provided further that in reckoning the said period of three years and one year, respectively, any period 
during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. 

1[25A.  National  Register  of  Driving  Licences.—(1)  The  Central  Government  shall  maintain  a 

National Register of Driving Licences in such form and manner as may be prescribed. 

(2)  All  State  Registers  of  Driving  Licences  shall  be  subsumed  under  the  National  Register  of 

Driving Licences by a date to be notified by the Central Government. 

(3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a 

unique driving licence number under the National Register of Driving Licences. 

(4) All State Governments and licensing authorities under this Act shall transmit all information 
including contained data in the State Register of Driving Licences in such form and manner as may be 
prescribed by the Central Government. 

(5)  The  State  Governments  shall  be  entitled  to  access  the  National  Register  and  update  their 

records in such manner as may be prescribed by the Central Government.] 

2[26.  Maintenance  of  State  Registers  of  Driving  Licences.—  Each  State  Government  shall 
maintain, in such form as may be prescribed by the Central Government, a register to be known as the 
State  Register  of  Driving  Licences,  in  respect  of  driving  licences  issued  and  renewed  by  the  licensing 
authorities of the State Government, containing particulars, including— 

(a) names and addresses of holders of driving licences; 

(b) licence numbers; 

(c) dates of issue or renewal of licences; 

(d) dates of expiry of licences; 

(e) classes and types of vehicles authorised to be driven; and 

(f) such other particulars as the Central Government may prescribe.] 

1. Ins. by Act 32 of 2019, s. 12 (w.e.f. 1-4-2021). 
2. Subs. by s. 13, ibid., for the section 26 (w.e.f. 1-4-2021). 

23 

 
                                                           
(2) Each State Government shall supply to the Central Government a  1[printed copy or copy in such 
other form as the Central Government may require]  of the State Register of Driving Licences and shall 
inform the Central Government without delay of all additions to and other amendments in such register 
made from time to time. 

(3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed 

by the State Government. 

27. Power of Central Government to make rules.—The Central Government may make rules— 

2[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 

3[(aa)] regarding conditions referred to in sub-section (2) of section 3; 

(b)  providing  for  the  form  in  which  the  application  for  learner’s  licence  may  be  made,  the 
information  it  shall  contain  and  the  documents  to  be  submitted  with  the  application  referred  to  in  
sub-section (2) of section 8; 

(c) providing for the form of medical certificate referred to in sub-section (3) of section 8; 

(d) providing for the particulars for the test referred to in sub-section (5) of section 8; 

4[(da)  the  form  and  manner  in  which  a  licensing  authority  may  issue  a  learner’s  licence  under 

sub-section (6) of section 8; 

(db) the manner in which a licensing authority may verify the identity of the applicant under the 

third proviso to sub-section (6) of section 8;] 

(e)  providing  for  the  form  in  which  the  application  for  driving  licence  may  be  made,  the 
information  it  shall  contain  and  the  documents  to  be  submitted  with  the  application  referred  to  in  
sub-section (2) of section 9; 

(f) providing for the particulars regarding test of competence to drive, referred to in sub-section 

(3) of section 9; 

2[(ff)  the  manner  and  the  conditions  subject  to  which  the  driving  licence  may  be  issued  under  

sub-section (10) of section 9;] 

(g)  specifying  the  minimum  educational  qualifications  of  persons  to  whom  licences  to  drive 
transport vehicles may be issued under this Act and the time within which such qualifications are  to 
be acquired by such persons; 

(h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; 

(i)  providing  for  the  form  and  contents  of  the  application  referred  to  in  sub-section  (1)  of  

section 11 and documents to be submitted with the application and the fee to be charged; 

(j)  providing  for  the  conditions  subject  to  which  section  9  shall  apply  to  an  application  made 

under section 11; 

4[(ja) the curriculum of training modules and the regulation of schools and establishments under 

sub-section (6) of section 12; 

(jb)  the  conditions  for  the  renewal  of  licence  to  drive  transport  vehicles  carrying  goods  of 
dangerous  or  hazardous  nature  and  other  motor  vehicles  under  clause  (a)  and  clause  (b)  of  
sub-section (2) of section 14; 

1. Subs. by Act 54 of 1994, s. 10, for “printed copy” (w.e.f. 14-11-1994). 
2. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015). 
3. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015). 
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 

24 

 
 
 
                                                           
(jc) the manner in which a licensing authority may verify the identity of the applicant under the 

third proviso to sub-section (2) of section 11;] 

(k) providing for the form and contents of the application referred to in sub-section (1) of section 

15 and the documents to accompany such application under sub-section (2) of section 15; 

(l) providing for the authority to grant licences under sub-section (1) of section 18; 

(m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and 
sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal 
of  driving  licences  and  licences  for  the  purpose  of  regulating  the  schools  or  establishment  for 
imparting instructions in driving motor vehicles; 

(n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 
1[(na) the manner of placing in the public domain of the name of the licence holder as referred to 

in sub-section (1A) of section 19; 

(nb)  providing  for  the  nature,  syllabus  and  duration  of  the  driver  refresher  training  course  as 

referred to in sub-section (2B) of section 19;] 

(o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 
1[(oa) all or any of the matters referred to in section 25A;] 
(p) to provide for all or any of the matters referred to in 2*** section 26; 

(q) any other matter which is, or has to be, prescribed by the Central Government. 

28. Power of State Government to make rules.—(1) A State Government may make rules for the 
purpose  of  carrying  into  effect  the  provisions  of  this  Chapter  other  than  the  matters  specified  in  
section 27. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a)  the  appointment,  jurisdiction,  control  and  functions  of  licensing  authorities  and  other 

prescribed authorities; 

(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be 

paid in respect of such appeals and the refund of such fees: 

Provided that no fee so fixed shall exceed twenty-five rupees; 

(c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement 

of photographs which have become obsolete and the fees to be charged therefor; 

(d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in 

respect of badges; 

(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; 

(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or 

any portion of the fees payable under this Chapter; 

(g)  the  communication  of  particulars  of  licences  granted  by  one  licensing  authority  to  other 

licensing authorities; 

(h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles 

are issued; 

(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of 

the rules made thereunder; 

3* 

* 

* 

* 

(k) any other matter which is to be, or may be, prescribed. 

1. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 
2. The words, brackets and figure “sub-section (1) of” omitted by s. 14, ibid. (w.e.f. 1-9-2019). 
3. Clause (j) omitted by s. 15 (w.e.f. 1-4-2021). 

25 

 
 
 
 
 
 
 
 
 
                                                           
CHAPTER III 

LICENSING OF CONDUCTORS OF STAGE CARRIAGES 

29. Necessity for conductor’s licence.—(1) No person shall act as a conductor of a stage carriage 
unless he holds an effective conductor’s licence issued to him authorising him to act as such conductor; 
and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage 
carriage. 

(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply 
to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a 
conductor for a period not exceeding one month. 

30.  Grant  of  conductor’s  licence.—(1)  Any  person  who  possesses  such  minimum  educational 
qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) 
of section 31 and who is not for the time being disqualified for holding or obtaining a conductor’s licence 
may  apply  to  the  licensing  authority  having  jurisdiction  in  the  area  in  which  he  ordinarily  resides  or 
carries on business for the issue to him of a conductor’s licence. 

(2) Every application under sub-section (1) shall be in such form and shall contain such information 

as may be prescribed. 

(3) Every application for a conductor’s licence shall be accompanied by a medical certificate in such 
form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by 
two clear copies of a recent photograph of the applicant. 

(4) A conductor’s licence issued under this Chapter shall be in such form and contain such particulars 

as may be prescribed and shall be effective throughout the State in which it is issued. 

(5)  The  fee  for  a  conductor’s  licence  and  for  each  renewal  thereof  shall  be  one-half  of  that  for  a 

driving licence. 

31.  Disqualifications  for  the  grant  of  conductor’s  licence.—(1)  No  person  under  the  age  of 

eighteen years shall hold, or be granted, a conductor’s licence. 

(2) The licensing authority may refuse to issue a conductor’s licence— 

(a) if the applicant does not possess the minimum educational qualification; 

(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act 

as a conductor; and 

(c) if any previous conductor’s licence held by the applicant was revoked. 

32.  Revocation  of  a  conductor’s  licence  on  grounds  of  disease  or  disability.—A  conductor’s 
licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to 
believe that the holder of the licence is suffering from any disease or disability which is likely to render 
him permanently unfit to hold such a licence and where the authority revoking a conductor’s licence is 
not the authority which issued the same, it shall intimate the fact of such revocation to the authority which 
issued that licence: 

Provided that before revoking any licence, the licensing authority shall give the person holding such 

licence a reasonable opportunity of being heard. 

33.  Orders  refusing,  etc.,  conductor’s  licences  and  appeals  therefrom.—(1)  Where  a  licensing 
authority  refuses  to  issue  or  renew,  or  revokes  any  conductor’s  licence,  it  shall  do  so  by  an  order 
communicated to the applicant or the holder, as the case may be, giving the reasons in writing  for such 
refusal or revocation. 

(2)  Any  person  aggrieved  by  an  order  made  under  sub-section  (1)  may,  within  thirty  days  of  the 
service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving 
such person and the authority which made the order an opportunity of being heard and the decision of the 
appellate authority shall be binding on the authority which made the order. 

26 

 
34. Power of licensing authority to disqualify.—(1) If any licensing authority is of opinion that it is 
necessary  to  disqualify  the  holder  of  a  conductor’s  licence  for  holding  or  obtaining  such  a  licence  on 
account  of  his  previous  conduct  as  a  conductor,  it  may,  for  reasons  to  be  recorded,  make  an  order 
disqualifying  that  person  for  a  specified  period,  not  exceeding  one  year,  for  holding  or  obtaining  a 
conductor’s licence: 

Provided that before disqualifying the holder of a licence, the licensing authority shall give the person 

holding such licence a reasonable opportunity of being heard. 

(2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender 
the  licence  to  the  authority  making  the  order,  if  the  licence  has  not  already  been  surrendered,  and  the 
authority shall keep the licence until the disqualification has expired or has been removed. 

(3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the 
authority which issued the licence, it shall intimate the fact of such disqualification to the authority which 
issued the same. 

(4)  Any  person  aggrieved  by  an  order  made  under  sub-section  (1)  may,  within  thirty  days  of  the 
service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving 
such person and the authority which made the order an opportunity of being heard and the decision of the 
appellate authority shall be binding on the authority which made the order. 

35. Power of Court to disqualify.—(1) Where any person holding a conductor’s licence is convicted 
of an offence under this Act, the Court by which such person is convicted may,  in addition to imposing 
any  other  punishment  authorised  by  law,  declare  the  person  so  convicted  to  be  disqualified  for  such 
period as the Court may specify for holding a conductor’s licence. 

(2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside 
or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily 
lie  from  such  Court,  may  set  aside  or  vary  any  order  of  disqualification  made  by  that  Court, 
notwithstanding that no appeal lies against the conviction in connection with which such order was made. 

36.  Certain  provisions  of  Chapter  II  to  apply  to  conductor’s  licence.—The  provisions  of  
sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so 
far as may be, apply in relation to a conductor’s licence, as they apply in relation to a driving licence. 

37. Savings.—If any licence to act as a conductor of a stage carriage (by whatever name called) has 
been  issued  in  any  State  and  is  effective  immediately  before  the  commencement  of  this  Act,  it  shall 
continue  to  be  effective,  notwithstanding  such  commencement,  for  the  period  for  which  it  would  have 
been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence 
issued  under  this  Chapter  as  if  this  Chapter  had  been  in  force  on  the  date  on  which  that  licence  was 
granted. 

38. Power of State Government to make rules.—(1) A State Government may make rules for the 

purpose of carrying into effect the provisions of this Chapter. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a)  the  appointment,  jurisdiction,  control  and  functions  of  licensing  authorities  and  other 

prescribed authorities under this Chapter; 

(b)  the  conditions  subject  to  which  drivers  of  stage  carriages  performing  the  functions  of  a 
conductor  and  persons  temporarily  employed  to  act  as  conductors  may  be  exempted  from  the 
provisions of sub-section (1) of section 29; 

(c)  the  minimum  educational  qualifications  of  conductors;  their  duties  and  functions  and  the 

conduct of persons to whom conductor’s licences are issued; 

(d)  the  form  of  application  for  conductor’s  licences  or  for  renewal  of  such  licences  and  the 

particulars it may contain; 

(e) the form in which conductor’s licences may be issued or renewed and the particulars it may 

contain; 

27 

 
(f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement 

of photographs which have become obsolete and the fees to be charged therefor; 

(g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be 

paid in respect of such appeals and the refund of such fees: 

Provided that no fee so fixed shall exceed twenty-five rupees; 

(h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in 

respect of such badges; 

(i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical 

practitioners and the form of such certificates; 

(j)  the  conditions  subject  to  which,  and  the  extent  to  which,  a  conductor’s  licence  issued  in 

another State shall be effective in the State; 

(k)  the  communication  of  particulars  of  conductor’s  licences  from  one  authority  to  other 

authorities; and 

(l) any other matter which is to be, or may be, prescribed. 

CHAPTER IV 

REGISTRATION OF MOTOR VEHICLES 

39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor 
vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the 
vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has 
not  been  suspended  or cancelled  and  the  vehicle  carries  a registration  mark  displayed in the  prescribed 
manner: 

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to 

such conditions as may be prescribed by the Central Government.  

40. Registration, where to be made.—Subject to the provisions of section 42, section 43 and section 
60, every owner of a motor vehicle shall cause the vehicle to be registered by  1[any registering authority 
in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally 
kept. 

41.  Registration,  how  to  be  made.—(1)  An  application  by  or  on  behalf  of  the  owner  of  a  motor 
vehicle  for  registration  shall  be in  such form  and shall  be  accompanied  by  such  documents, particulars 
and information and shall be made within such period as may be prescribed by the Central Government: 

Provided that where a motor vehicle is jointly owned by more persons than one, the application shall 
be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of 
the motor vehicle for the purposes of this Act. 

2[Provided further that in the case of a new motor vehicle, the application for registration in the State 
shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same 
State in which the dealer is situated.] 

(2)  An  application  referred  to  in  sub-section  (1)  shall  be  accompanied  by  such  fee  as  may  be 

prescribed by the Central Government. 

(3) The registering authority shall issue 3[a certificate of registration in the name of the owner] in such 
form  and  containing  such particulars  and  information  and  in  such  manner  as  may  be  prescribed  by  the 
Central Government. 

1. Subs. by Act 32 of 2019, s. 16, for “a registering authority” (w.e.f. 1-9-2019). 
2. Ins. by s. 17, ibid. (w.e.f. 1-4-2021).  
3. Subs. by s. 17, ibid., for “to the owner of a motor vehicle registered by it a certificate of registration” (w.e.f. 1-9-2019). 

28 

 
                                                           
(4) In addition to the other particulars required to be included in the certificate of registration, it shall 
also specify the type of the motor vehicle, being a type as the Central Government may, having regard to 
the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. 

(5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) 

in a register to be maintained in such form and manner as may be prescribed by the Central Government. 

(6)  The  registering  authority  shall  assign  to  the  vehicle,  for  display  thereon,  a  distinguishing  mark            

(in this Act referred to as the registration mark) consisting of one of the groups of such of those letters 
and followed by such letters and figures as are allotted to the State by the Central Government from time 
to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form 
and in such manner as may be prescribed by the Central Government. 

1[Provided that in case of a new motor vehicle, the application for the registration of which is made 
under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until 
such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by 
the Central Government.] 

(7)  A  certificate  of  registration  issued  under  sub-section  (3),  whether  before  or  after  the 
commencement of this Act, in respect of a motor vehicle, 2***, shall, subject to the provisions contained 
in this Act, be valid only for a period of fifteen years from the date of issue of such certificate  1[or for 
such period as may be prescribed by the Central Government] and shall be renewable. 

(8)  An  application  by  or  on  behalf  of  the  owner  of  a  motor  vehicle,  2***,  for  the  renewal  of  a 
certificate of registration shall be made within such period and in such form, containing such particulars 
and information as may be prescribed by the Central Government. 

(9)  An  application  referred  to  in  sub-section  (8)  shall  be  accompanied  by  such  fee  as  may  be 

prescribed by the Central Government. 

(10) Subject to the provisions of section 56, the registering authority may, on receipt of an application 
under sub-section (8), renew the certificate of registration  3[for such period, as may be prescribed by the 
Central  Government]  and  intimate  the  fact  to  the  original  registering  authority,  if  it  is  not  the  original 
registering authority. 

1[Provided that the Central Government may prescribe different period of renewal for different types 

of motor vehicles.] 

4* 

* 

* 

* 

* 

 (14) An application for the issue of a duplicate certificate of registration shall be made to the  5[last 
registering  authority]  in  such  form,  containing  such  particulars  and  information  along  with  such  fee  as 
may be prescribed by the Central Government. 

Rajasthan 

STATE AMENDMENT 

Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 

(Central Act 59 of 1988),- 

(a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; 

(b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- 

“Provided that in the case of transport vehicles, State Government may require the transport vehicles 
to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of 
the Act.”; and 

1. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-4-2021). 
2. The words “other than a transport vehicle” omitted by s. 17, ibid., (w.e.f. 1-4-2021). 
3. Subs. by s. 17, ibid., for “for a period of five years” (w.e.f. 1-4-2021).  
4. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021).  
5. Subs. by Act 54 of 1994, s. 11, for “original registering authority” (w.e.f. 14-11-1994). 

29 

 
 
 
 
 
 
 
 
 
                                                           
(c)  in  sub-section  (10)  after  the  words  “for  a  period  of  five  years”  and  before  the  words  “and 
intimate”,  the  expression  “on  payment  of  all  taxes,  penalties  and  interest,  if  any,  levied  by  the  State 
Government” shall be inserted. 

[Vide Rajasthan Act 1 of 2002, s. 2] 

42. Special provision for registration of motor vehicles of diplomatic officers, etc.—(1) Where an 
application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf 
of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) 
or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in 
accordance  with  such  procedure  as  may  be  provided  by  rules  made  in  this  behalf  by  the  Central 
Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration 
mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in 
this  section  referred  to  as  the  certificate  of  registration)  that  the  vehicle  has  been  registered  under  this 
section;  and  any  vehicle  so  registered  shall  not,  so  long  as  it  remains  the  property  of  any  diplomatic 
officer or consular officer, require to be registered otherwise under this Act. 

(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or 
consular  officer,  the  certificate  of  registration  issued  under this  section  shall  also  cease to  be  effective, 
and the provisions of sections 39 and 40 shall thereupon apply. 

(3)  The  Central  Government  may  make  rules  for  the  registration  of  motor  vehicles  belonging  to 
diplomatic  officers  and  consular  officers  regarding  the  procedure  to  be  followed  by  the  registering 
authority for registering such vehicles, the form in which the certificates of registration of such vehicles 
are to be issued, the manner in which such certificates of registration are to be sent to the owners of the 
vehicles and the special registration marks to be assigned to such vehicles. 

(4) For the purposes of this section, “diplomatic officer” or “consular officer” means any person who 
is recognised as such by the Central Government and if any question arises as to whether a person is or is 
not such an officer, the decision of the Central Government thereon shall be final. 

1[43. Temporary registration.— Notwithstanding anything contained in section 40, the owner of a 
motor vehicle may apply to any registering authority or other authority as may be prescribed by the State 
Government to have the motor vehicle temporarily registered and such authority shall issue a temporary 
certificate of registration and temporary registration mark in accordance with such rules as may be made 
by the Central Government: 

Provided that the State Government may register a motor vehicle that plies, temporarily, within the 
State and issue a certificate of registration and registration mark for a period of one month in such manner 
as may be prescribed by the State Government.] 

2[44. Production of vehicle at the time of registration.— (1) Subject to such terms and conditions as 
may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer 
shall  not  require  production  before  a  registering  authority  for  the  purposes  of  registration  for  the  first 
time.  

(2) Subject to such terms and conditions as may be prescribed by the State Government, a person in 
whose  name  a  certificate  of  registration  has  been  issued  shall  not  be  required  to  produce  the  vehicle 
registered or transferred before a registering authority.] 

 45. Refusal of registration or renewal of the certificate of registration.—The registering authority 
may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a 
motor  vehicle  (other  than  a  transport  vehicle),  if  in  either  case,  the  registering  authority  has  reason  to 
believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the 
requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of 
any  previous  registration  of  the  vehicle  or  furnishes  inaccurate  particulars  in  the  application  for 
registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and 
the  registering  authority  shall  furnish  the  applicant  whose  vehicle  is  refused  registration,  or  whose 

1. Subs. by Act 32 of 2019, s. 18, for section 43 (w.e.f. 1-4-2021). 
2. Subs. by, s. 19, ibid., for section 44 (w.e.f. 1-4-2021). 

30 

 
                                                           
application for renewal of the certificate of registration is refused, a copy of such order, together with the 
reasons for such refusal. 

46. Effectiveness in India of registration.—Subject to the provisions of section 47, a motor vehicle 
registered  in  accordance  with  this  Chapter  in  any  State  shall  not  require  to  be  registered  elsewhere  in 
India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be 
effective throughout India. 

47.  Assignment  of  new  registration  mark  on  removal  to  another  State.—(1)  When  a  motor 
vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the 
owner  of  the  vehicle  shall,  within  such  period  and  in  such  form  containing  such  particulars  as  may  be 
prescribed  by  the  Central Government,  apply  to  the registering  authority,  within  whose jurisdiction  the 
vehicle  then  is,  for  the  assignment  of  a  new  registration  mark  and  shall  present  the  certificate  of 
registration to that registering authority: 

Provided that an application under this sub-section shall be accompanied— 

(i) by the no objection certificate obtained under section 48, or 

(ii) in a case where no such certificate has been obtained, by— 

(a) the receipt obtained under sub-section (2) of section 48; or 

(b)  the  postal  acknowledgement  received  by  the  owner  of  the  vehicle  if  he  has  sent  an 
application  in  this  behalf  by  registered  post  acknowledgement  due  to  the  registering  authority 
referred to in section 48, 

together with a declaration that he has not received any communication from such authority refusing to 
grant such certificate or requiring him to comply with any direction subject to which such certificate may 
be granted: 

Provided  further  that,  in  a  case  where  a  motor  vehicle  is  held  under  a  hire-purchase,  lease  or 
hypothecation agreement, an application under this sub-section shall be accompanied by a no objection 
certificate  from  the  person  with  whom  such  agreement  has  been  entered  into,  and  the  provisions  of 
section  51,  so  far  as  may  be,  regarding  obtaining  of  such  certificate  from  the  person  with  whom  such 
agreement has been entered into, shall apply. 

(2) The registering authority, to which application is made under sub-section (1), shall after making 
such  verification,  as  it  thinks  fit,  of  the  returns,  if  any,  received  under  section  62,  assign  the  vehicle a 
registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the 
vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and 
shall,  in  communication  with  the  registering  authority  by  whom  the  vehicle  was  previously  registered, 
arrange for the transfer of the registration of the vehicle from the records of that registering authority to 
its own records. 

(3)  Where  a  motor  vehicle  is  held  under  a  hire-purchase  or  lease  or  hypothecation  agreement,  the 
registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the 
person  whose  name  has  been  specified  in  the  certificate  of  registration  as  the  person  with  whom  the 
registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to 
such person a notice by registered post acknowledgement due at the address of such person entered in the 
certificate of registration the fact of assignment of the said registration mark). 

(4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not 
registered within the State, which is  brought into or is for the time being in the State, to furnish to the 
prescribed authority in the State such information with respect to the motor vehicle and its registration as 
may be prescribed. 

(5) If the owner fails to make an application under sub-section (1) within the period prescribed, the 
registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu 
of any action that may be taken against him under section 177, such amount not exceeding one hundred 
rupees as may be prescribed under sub-section (7): 

31 

 
Provided that action under section 177 shall be taken against the owner where the owner fails to pay 

the said amount. 

(6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him 

under section 177. 

(7) For the purposes of sub-section (5), the State Government may prescribe different amounts having 

regard to the period of delay on the part of the owner in making an application under sub-section (1). 

48. No objection certificate.—(1) The owner of a motor vehicle when applying for the assignment of a 
new  registration  mark  under  sub-section  (1)  of  section  47,  or  where  the  transfer  of  a  motor  vehicle  is  to  be 
effected  in  a  State  other  than  the  State  of  its  registration,  the  transferor  of  such  vehicle  when  reporting  the 
transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may 
be prescribed by the Central Government to the registering authority by which the vehicle was registered for 
the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that 
the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case 
may be, for entering the particulars of the transfer of ownership in the certificate of registration. 

(2)  The  registering  authority  shall,  on  receipt  of  an  application  under  sub-section  (1),  issue  a  receipt  in 

such form as may be prescribed by the Central Government. 

(3)  On  receipt  of  an  application  under  sub-section  (1),  the  registering  authority  may,  after  making  such 
inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the 
receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no 
objection certificate: 

Provided  that  a  registering  authority  shall  not  refuse  to  grant  the  no  objection  certificate  unless  it  has 

recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. 

(4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not 
refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering 
authority shall be deemed to have granted the no objection certificate. 

(5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a 
report  in  writing  from  the  police  that  no  case  relating  to  the  theft  of  the  motor  vehicle  concerned  has  been 
reported or is pending, verify whether all the amounts due to Government including road tax in respect of that 
motor  vehicle  have  been  paid  and  take  into  account  such  other  factors  as  may  be  prescribed  by  the  Central 
Government. 

1[(6)  The  owner  of  the  vehicle  shall  also  inform  at  the  earliest,  in  writing,  the  registering  authority 
about  the  theft  of  his  vehicle  together  with  the  name  of  the  police  station  where  the  theft  report  was 
lodged,  and  the  registering authority  shall  take  into  account  such  report while disposing of any application 
for  no  objection      certification,  registration,  transfer  of  ownership  or  issue      of  duplicate  registration 
certificate.] 

49. Change of residence or place of business.—(1) If the owner of a motor vehicle ceases to reside or 
have  his  place  of  business  at  the  address  recorded  in  the  certificate  of  registration  of  the  vehicle,  he  shall, 
within thirty days of any such change of address, intimate in such form accompanied by such documents as 
may  be  prescribed  by  the  Central  Government,  his  new  address,  to  the  registering  authority  by  which  the 
certificate of registration was issued, or, if the new address is within the jurisdiction of another 2[State, to any 
registering  authority  in  that  State],  and  shall  at  the  same  time  forward  the  certificate  of  registration  to  the 
registering authority or, as the case may be, to the other registering authority in order that the new address may 
be entered therein. 

3[(1A)  The  intimation  under  sub-section  (1)  may  be  sent  to  the  appropriate  registering  authority  in 
electronic form  along  with  the electronic form  of  such documents, including  proof of  authentication  in  such 
manner as may be prescribed by the Central Government.] 

(2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority 
within the period specified in sub-section (1), the registering authority may, having regard to the circumstances 
of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 
under  
amount 
such 
sub-section (4): 

prescribed 

exceeding 

as  may 

hundred 

rupees] 

4[five 

not 

be 

1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14-11-1994). 
2. Subs. by Act 32 of 2019, s. 20, for “registering authority, to that other registering authority” (w.e.f. 1-9-2019). 
3. Ins. by s. 20, ibid. (w.e.f. 1-9-2019). 
4. Subs. by s. 20, ibid., for “one hundred rupees” (w.e.f. 1-9-2019). 

32 

 
                                                           
Provided that action under section 177 shall be taken against the owner where he fails to pay the said 

amount. 

(3) Where a person has paid the amount under sub-section (2), no action shall be taken against him 

under section 177. 

(4) For the purposes of sub-section (2), a State Government may prescribe different amounts having 

regard to the period of delay in intimating his new address. 

(5) On receipt of intimation under sub-section (1), the registering authority may, after making such 

verification as it may think fit, cause the new address to be entered in the certificate of registration. 

(6) A registering authority other than the original registering authority  making any such entry shall 

communicate the altered address to the original registering authority. 

(7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate 
of registration is due to a temporary absence not intended to exceed six months in duration or where the 
motor vehicle is neither used nor removed from the address recorded in the certificate of registration. 

50.  Transfer  of  ownership.—(1)  Where  the  ownership  of  any  motor  vehicle  registered  under  this 

Chapter is transferred,— 

(a) the transferor shall,— 

(i)  in  the  case  of  a  vehicle  registered  within  the  same  State,  within  fourteen  days  of  the 
transfer, report the fact of transfer, in such form with such documents and in such manner, as may 
be  prescribed  by  the  Central  Government  to  the  registering  authority  within  whose  jurisdiction 
the  transfer  is  to  be  effected  and  shall  simultaneously  send  a  copy  of  the  said  report  to  the 
transferee; and 

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, 

forward to the registering authority referred to in sub-clause (i)— 

(A) the no objection certificate obtained under section 48; or 

(B) in a case where no such certificate has been obtained,— 

(I) the receipt obtained under sub-section (2) of section 48; or 

(II)  the  postal  acknowledgement  received  by  the  transferred  if  he  has  sent  an 
application  in  this  behalf  by  registered  post  acknowledgement  due  to  the  registering 
authority referred to in section 48, 

together  with  a  declaration  that  he  has  not  received  any  communication  from  such  authority 
refusing to grant such certificate or requiring him to comply with any direction subject to which 
such certificate may be granted; 

(b)  the  transferee  shall,  within  thirty  days  of  the  transfer,  report  the  transfer  to  the  registering 
authority  within  whose  jurisdiction  he  has  the  residence  or  place  of  business  where  the  vehicle  is 
normally kept, as the case may be, and shall forward the certificate of registration to that registering 
authority together with the prescribed fee and a copy of the report received by him from the transferor 
in order that particulars of the transfer of ownership may be entered in the certificate of registration. 

(2) Where— 

(a) the person in whose name a motor vehicle stands registered dies, or 

(b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf 

of, Government, 

the  person  succeeding  to  the  possession  of  the  vehicle  or,  as  the  case  may  be,  who  has  purchased  or 
acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the 
vehicle  in  his  name,  to  the  registering  authority  in  whose  jurisdiction  he  has  the  residence  or  place  of 
business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such 
fee, and within such period as may be prescribed by the Central Government. 

33 

 
(3)  If  the  transferor  or  the  transferee  fails  to  report  to  the  registering  authority  the  fact  of  transfer 
within  the  period  specified  in  clause  (a)  or  clause  (b)  of  sub-section  (1),  as  the  case  may  be,  or  if  the 
person who is required to make an application under sub-section (2) hereafter in this section referred to as 
the other person fails to make such application within the period prescribed, the registering authority may, 
having regard to the circumstances of the case, require the transferor or the transferee, or the other person, 
as the case may be, to pay, in lieu of  any action that may be taken against him under section 177 such 
amount not exceeding one hundred rupees as may be prescribed under sub-section (5): 

Provided that  action  under  section 177  shall  be  taken  against the  transferor  or the  transferee  or the 

other person, as the case may be, where he fails to pay the said amount. 

(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him 

under section 177. 

(5) For the purposes of sub-section (3), a State Government may prescribe different amounts having 
regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer 
of ownership of the motor vehicle or of the other person in making the application under sub-section (2). 

(6)  On  receipt  of  a  report  under  sub-section  (1),  or  an  application  under  sub-section  (2),  the 

registering authority may cause the transfer of ownership to be entered in the certificate of registration. 

(7) A registering authority making any such entry shall communicate the transfer of ownership to the 

transferor and to the original registering authority, if it is not the original registering authority. 

51.  Special  provisions  regarding  motor  vehicle  subject  to  hire-purchase  agreement,  etc.—(1) 
Where  an  application  for  registration  of  a  motor  vehicle  which  is  held  under  a  hire-purchase,  lease  or 
hypothecation  agreement  (hereafter  in  this  section  referred  to  as  the  said  agreement)  is  made,  the 
registering  authority  shall make  an  entry  in  the  certificate  of  registration regarding  the  existence  of  the 
said agreement. 

(2)  Where  the  ownership  of  any  motor  vehicle  registered  under  this  Chapter  is  transferred  and  the 
transferee enters into the said agreement with any person, the 1[last registering authority] shall, on receipt 
of  an  application  in  such  form  as  the  Central  Government  may  prescribe  from  the  parties  to  the  said 
agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and 
an  intimation  in  this  behalf  shall  be  sent  to  the  original  registering  authority  if  the  last  registering 
authority is not the original registering authority]. 

(3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the 1[last registering 
authority] on proof of the termination of the said agreement by the parties concerned on an application 
being  made  in  such  form  as  the  Central  Government  may  prescribe2[and  an  intimation  in  this  behalf 
shall  be  sent  to  the  original  registering  authority  if  the  last  registering  authority  is  not  the  original 
registering authority]. 

(4) No entry regarding the transfer of ownership of any  motor vehicle which is held under the said 
agreement  shall  be  made  in  the  certificate  of registration except  with  the  written  consent  of  the  person 
whose name has been specified in the certificate of registration as the person with whom the registered 
owner has entered into the said agreement. 

(5) Where the person whose name has been specified in the certificate of registration as the person 
with  whom  the  registered  owner  has  entered  into  the  said  agreement,  satisfies  the  registering  authority 
that  he  has  taken  possession  of  the  vehicle3[from  the  registered  owner]  owing  to  the  default  of  the 
registered  owner  under  the  provisions  of  the  said  agreement  and  that  the  registered  owner  refuses  to 
deliver  the  certificate  of  registration  or  has  absconded,  such  authority  may,  after  giving  the  registered 
owner an opportunity to make such representation as he may wish to make (by sending to him a notice by 
registered  post  acknowledgement  due  at  his  address  entered  in  the  certificate  of  registration)  and 
notwithstanding  that  the  certificate  of  registration  is  not  produced  before  it,  cancel  the  certificate  and 

1. Subs. by Act 54 of 1994, s. 14, for “original registering authority” (w.e.f. 14-11-1994). 
2. Added by s. 14, ibid. (w.e.f. 14-11-1994). 
3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994). 

34 

 
                                                           
issuea  fresh  certificate  of  registration  in  the  name  of  the  person  with  whom  the  registered  owner  has 
entered into the said agreement: 

Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless 

such person pays the prescribed fee:  

Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than 
a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under 
this sub-section would have been in force. 

(6)  The  registered  owner  shall,  before  applying  to  the  appropriate  authority,  for  the  renewal  of  a 
permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of 
section 41, or for the assignment of a new registration mark 1[under section 47, or removal of the vehicle 
to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no 
objection certificate under section 48, or for change of residence or place of business under section 49, or 
for  the  alteration  of  the  vehicle  under  section  52,  make  an  application]  to  the  person  with  whom  the 
registered owner has entered into the said agreement (such person being hereafter in this section referred 
to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the 
certificate). 

Explanation.—For  the  purposes  of  this  sub-section  and  sub-sections  (8)  and  (9),  “appropriate 
authority”, in relation to any permit, means the authority which is authorised by this Act to renew such 
permit  and,  in  relation  to  registration,  means  the  authority  which  is  authorised  by  this  Act  to  issue 
duplicate certificate of registration or to assign a new registration mark. 

(7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, 
or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the 
certificate applied for, and where the financier fails to issue the certificate and also fails to communicate 
the reasons  for refusal to issue the  certificate  to  the applicant  within the said  period  of  seven  days,  the 
certificate applied for shall be deemed to have been issued by the financier. 

(8)  The  registered  owner  shall,  while  applying  to  the  appropriate  authority  for  the  renewal  of  any 
permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of 
section  41,  or  while  applying  for  assignment  of  a  new  registration  mark  under  section  47,  submit  with 
such application the certificate,  if  any,  obtained  under  sub-section (7)  or,  where  no  such  certificate  has 
been obtained, the communication received from the financier under that sub-section, or, as the case may 
be,  a  declaration  that  he  has  not  received  any  communication  from  the  financier  within  the  period  of 
seven days specified in that sub-section. 

(9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate 
of registration or for assignment of a new registration mark in respect of a vehicle which is held under the 
said agreement, the appropriate authority may, subject to the other provisions of this Act,— 

(a) in a case where the financier has refused to issue the certificate applied for, after giving the 

applicant an opportunity of being heard, either— 

(i) renew or refuse to renew the permit, or 

(ii) issue or refuse to issue the duplicate certificate of registration, or 

(iii) assign or refuse to assign a new registration mark; 

(b) in any other case,— 

(i) renew the permit, or 

(ii) issue duplicate certificate of registration, or 

(iii) assign a new registration mark. 

(10) A registering authority making an entry in the certificate of registration regarding— 

(a) hire-purchase lease or hypothecation agreement of a motor vehicle, or 

1. Subs. by Act 54 of 1994, s. 14, for “under section 47, make an application” (w.e.f. 14-11-1994). 

35 

 
                                                           
(b) the cancellation under sub-section (3) of an entry, or 

(c) recording transfer of ownership of motor vehicle, or 

(d) any alteration in a motor vehicle, or 

(e) suspension or cancellation of registration of a motor vehicle, or 

(f) change of address, 

shall  communicate  1[by  registered  post  acknowledgment  due]  to  the  financier  that  such  entry  has  been 
made. 

2[(11)  A  registering  authority  registering  the  new  vehicle,  or  issuing  the  duplicate  certificate  of 
registration  or  a  no  objection  certificate  or  a  temporary  certificate  of  registration,  or  issuing  or 
renewing,  a  fitness  certificate  or  substituting  entries  relating  to  another  motor  vehicle  in  the 
permit, shall intimate the financier of such transaction. 

(12)  The  registering  authority  where  it  is  not  the  original  registering  authority,  when  making 
entry under sub-section (1) or sub-section (2),or cancelling the said entry under sub-section (3) or 
issuing  the  fresh  certificate  of  registration  under  sub-section  (5)  shall  communicate  the  same  to  the 
original registering authority.] 

3[52. Alteration in motor vehicle.— (1) No owner of a motor vehicle shall so alter the vehicle that 
the particulars contained in the certificate of registration are at variance with those originally specified by 
the manufacturer: 

Provided  that  where  the  owner  of  a  motor  vehicle  makes  modification  of  the  engine,  or  any  part 
thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including 
battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, 
by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be 
prescribed: 

4[Provided further that the Central Government may prescribe specifications, conditions for approval, 
retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty 
granted  by  the  manufacturer  shall  not  be  considered  as  void  for  the  purposes  of  such  alteration  or 
retrofitment.]  

Provided  also  that  the  Central  Government  may  grant  exemption  for  alteration  of  vehicles  in  a 

manner other than specified above, for any specific purpose. 

5[(1A) A  manufacturer of a  motor vehicle shall on the direction issued by the Central Government, 
alter  or  retrofit  safety  equipment,  or  any  other  equipment  in  accordance  with  such  standards  and 
specifications as may be specified by the Central Government.] 

6[(2) Notwithstanding anything  contained  in  sub-section  (1),  any  person  may,  with  the  subsequent 
approval  of  the  registering  authority,  alter  or  cause  to  be  altered  any  vehicle  owned  by  him  to  be 
converted into an adapted vehicle: 

Provided that such  alteration  complies  with  such  conditions  as  may  be  prescribed  by  the  Central 

Government.] 

 (3)  Where  any  alteration  has  been  made  in  motor  vehicle  without  the  approval  of  registering 
authority 7***, the owner of the vehicle shall, within fourteen days of the making of the alteration, report 
the  alteration  to  the  registering  authority  within  whose  jurisdiction  he  resides  and  shall  forward  the 

1. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994). 
2. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994). 
3. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000). 
4. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1-4-2021).  
5. Ins. by s. 21, ibid. (w.e.f. 1-9-2019). 
6. Subs. by s. 21, ibid., for sub-section (2) (w.e.f. 1-4-2021). 
7. The words “or by reason of replacement of its engine without such approval under sub-section (2)” omitted by s. 21, ibid., 
(w.e.f. 1-4-2021). 

36 

 
                                                           
certificate  of  registration  to  that  authority  together  with  the  prescribed  fee  in  order  that  particulars  of 
registration may be entered therein. 

(4) A registering authority other than the original registering authority  making any such entry shall 

communicate the details of the entry to the original registering authority. 

(5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle 
under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent 
of the registered owner. 

Explanation.—For  the  purposes  of  this  section,  “alteration”  means  a  change  in  the  structure  of  a 

vehicle which results in a change in its basic feature.] 

53.  Suspension  of  registration.—(1)  If  any  registering  authority  or  other  prescribed  authority  has 

reason to believe that any motor vehicle within its jurisdiction— 

(a) is in such a condition that its use in a public place would constitute a danger to the public, or 

that it fails to comply with the requirements of this Act or of the rules made thereunder, or 

(b) has been, or is being, used for hire or reward without a valid permit for being used as such, 

the  authority  may,  after  giving  the  owner an  opportunity  of  making  any  representation he  may  wish  to 
make (by sending to the owner a notice by registered post acknowledgement due at his address entered in 
the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration 
of the vehicle— 

(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and 

(ii) in any case falling under clause (b), for a period not exceeding four months. 

(2)  An  authority  other  than  a  registering  authority  shall,  when  making  a  suspension  order  under  
sub-section (1),intimate in writing the fact of such suspension and the reasons therefor to the registering 
authority within whose jurisdiction the vehicle is at the time of the suspension. 

(3)  Where  the  registeration  of  a  motor  vehicle  has  been  suspended  under  sub-section  (1),  for  a 
continuous  period  of  not  less  than  one  month,  the  registering  authority,  within  whose  jurisdiction  the 
vehicle  was  when  the  registration  was  suspended,  shall,  if  it  is  not  the  original  registering  authority, 
inform that authority of the suspension. 

(4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed 
authority which has suspended the certificate of registration of the vehicle under this section, surrender 
the certificate of registration. 

(5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when 

the order suspending registration has been rescinded and not before. 

54.  Cancellation  of  registration  suspended  under  section  53.—Where  the  suspension  of 
registration of a vehicle under section 53 has continued without interruption for a period of not less than 
six months, the registering authority within whose jurisdiction the vehicle was when the registration was 
suspended,  may,  if  it  is  the  original  registering  authority,  cancel  the  registration,  and  if  it  is  not  the 
original  registering  authority,  shall  forward  the  certificate  of  registration  to  that  authority  which  may 
cancel the registration. 

55.  Cancellation of registration.—(1)  If  a  motor  vehicle  has  been  destroyed  or  has  been  rendered 
permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact 
to the registering authority within whose jurisdiction he has the residence or place of business where the 
vehicle  is  normally  kept,  as  the  case  may  be,  and  shall  forward  to  that  authority  the  certificate  of 
registration of the vehicle. 

(2) The registering authority shall, if it is the original registering authority, cancel the registration and 
the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to 
the original registering authority and that authority shall cancel the registration. 

37 

 
(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by 
such authority as the State Government  may by order appoint and, if, upon such examination and after 
giving  the  owner  an  opportunity  to  make  any  representation  he  may  wish  to  make  (by  sending  to  the 
owner  a  notice  by  registered  post  acknowledgement  due  at  his  address  entered  in  the  certificate  of 
registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its 
use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may 
cancel the registration. 

(4)  If  a  registering  authority  is  satisfied  that  a  motor vehicle  has  been  permanently  removed  out  of 

India, the registering authority shall cancel the registration. 

(5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on 
the  basis  of  documents  which  were,  or  by  representation  of  facts  which  was,  false  in  any  material 
particular, or the engine number or the chassis number embossed thereon are different from such number 
entered  in  the  certificate  of  registration,  the  registering  authority  shall  after  giving  the  owner  an 
opportunity to make such representation as he may  wish to make (by sending to the owner a notice by 
registered  post  acknowledgement  due  at  his  address  entered  in  the  certificate  of  registration),  and  for 
reasons to be recorded in writing, cancel the registration. 

1[(5A) If any registering authority or other prescribed authority has reason to believe that any motor 
vehicle  within  its  jurisdiction  has  been  used  in  the  commission  of  an  offence  punishable  under  section 
199A,  the  authority  may,  after  giving  the  owner  an  opportunity  of  making  a  representation  in  writing, 
cancel the certificate of registration of the vehicle for a period of one year: 

Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the 

provisions of section 40 and section 41.] 

(6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this 
section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle 
shall forthwith surrender to that authority the certificate of registration of the vehicle. 

(7)  A  registering  authority  making  an  order  of  cancellation  under  section  54  or  under  this  section 
shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to 
the  vehicle  in  its  records,  and,  if  it  is  not  the  original  registering  authority,  forward  the  certificate  of 
registration  to  that  authority,  and  that  authority  shall  cancel  the  certificate  of  registration  and  the  entry 
relating to the motor vehicle in its records. 

(8) The expression “original registering authority” in this section and in sections 41, 49, 50, 51, 52, 53 

and 54 means the registering authority in whose records the registration of the vehicle is recorded. 

(9) In this section, “certificate of registration” includes a certificate of registration renewed under the 

provisions of this Act. 

56. Certificate of fitness of transport vehicles.—(1) Subject to the provisions of sections 59 and 60, 
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it 
carries  a  certificate  of  fitness  in  such  form  containing  such  particulars  and  information  as  may  be 
prescribed  by  the  Central  Government,  issued  by  the  prescribed  authority,  or  by  an  authorised  testing 
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the 
requirements of this Act and the rules made thereunder: 

Provided  that  where  the  prescribed  authority  or  the  authorised  testing  station  refuses  is  issue  such 

certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 

2[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be 

notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 

3[(2)  The  “authorised  testing  station”  referred  to  in  sub-section  (1)  means  any  facility,  including 
automated testing facilities, authorised by the State Government, where fitness testing may be conducted 
in accordance with the rules made by the Central Government for recognition, regulation and control of 
such stations.]  

(3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such 

period as may be prescribed by the Central Government having regard to the objects of this Act. 

1. Ins. by Act 32 of 2019, s. 22 (w.e.f. 1-9-2019). 
2. Ins. by, s. 23, ibid. (w.e.f. 1-4-2021). 
3. Subs. by s. 23, ibid., for “sub-section (2)” (w.e.f. 1-4-2021). 

38 

 
                                                           
(4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at 
any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of 
this  Act  and  the  rules  made  thereunder;  and  on  such  cancellation  the  certificate  of  registration  of  the 
vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended 
until a new certificate of fitness has been obtained: 

1[Provided that no such cancellation shall be made by the prescribed authority unless, — 

(a)  such  prescribed  authority  holds  such  technical  qualification  as  may  be  prescribed  by  the 
Central Government and where the prescribed authority does not hold the technical qualification, such 
cancellation is made on the basis of the report of an officer having such qualification; and 

(b)  the  reasons  recorded  in  writing  cancelling  a  certificate  of  fitness  are  confirmed  by  an 
authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be 
cancelled: 
Provided  further  that  if  the  cancellation  is  confirmed  by  the  authorised  testing  station,  the  cost  of 
undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the 
prescribed authority.] 

 (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout 

India. 

2[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on 
their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central 
Government. 

(7) Subject to such conditions as the Central Government may prescribe, the provisions of this section 

may be extended to non-transport vehicles.] 

57. Appeals.—3[(1) Any person aggrieved by an order of the registering authority under section 
41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may,  within  thirty  days  of the  date  on  which he has 
received notice of such order, appeal against the order to the prescribed authority.] 

(2) The appellate authority shall give notice of the appeal to the original authority and after giving an 
opportunity  to  the  original  authority  and  the  appellant  to  be  heard  in  the  appeal  pass  such  orders  as  it 
thinks fit.  

58. Special provisions in regard to transport vehicles.—(1) The Central Government may, having 
regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than 
a  motor  cab),  and its  make  and  model  and  other relevant  considerations,  by  notification  in the  Official 
Gazette, specify, in relation to each make and model of a transport vehicle, the  4[maximum gross vehicle  
weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle. 

(2) A registering authority, when registering a transport vehicle, other than a motor cab shall enter in 
the record of registration and shall also enter in the certificate of registration of the vehicle the following 
particulars, namely:— 

(a) the unladen weight of the vehicle; 
(b) the number, nature and size of the tyres attached to each wheel; 
(c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several 

axles thereof; and 

(d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition 

to goods, the number of passengers for whom accommodation is provided, 

and the owner  of  the  vehicle  shall  have the same  particulars  exhibited in the  prescribed  manner  on  the 
vehicle. 

1. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-4-2021). 
2. Ins. by s. 23, ibid., (w.e.f. 1-4-2021). 
3. Subs. by Act 54 of 1994, s.17, for sub-section (1) (w.e.f. 14-11-1994). 
4. Subs. by s. 18, ibid., for “maximum safe laden weight” (w.e.f. 14-11-1994). 

39 

 
                                                           
(3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle 
weight  or  a  registered  axle  weight  of  any  of  the  axles  different  from  that  specified  in  the  notification 
under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size 
of the tyres attached to its wheels: 

Provided that where it appears to the Central Government that heavier weights than those specified in 
the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular 
type,  the  Central  Government  may,  by  order  in  the  Official  Gazette  direct  that  the  provisions  of  this  
sub-section shall apply with such modifications as may be specified in the order. 

1* 

* 

* 

* 

* 

(5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be 
revised  in  accordance  with  the  provisions  of  sub-section  (3),  the  registering  authority  may  require  the 
owner  of  transport  vehicle  in  accordance  with  such  procedure  as  may  be  prescribed  to  produce  the 
certificate of registration within such time as may be specified by the registering authority. 

59. Power to fix the age limit of motor vehicle.—(1) The Central Government may, having regard 
to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify 
the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor 
vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: 

Provided  that  the  Central  Government  may  specify  different  ages  for  different  classes  or  different 

types of motor vehicles. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Central  Government  may,  having 
regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in 
any  exhibition,  use  for  the  purposes  of  technical  research  or  taking  part  in  a  vintage  car  rally,  by 
notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as 
may  be  specified  in  such  notification,  any  class  or  type  of  motor  vehicle  from  the  operation  of  
sub-section (1) for the purpose to be stated in the notification. 

(3)  Notwithstanding  anything  contained  in  section  56,  no  prescribed  authority  or  authorised  testing 
station  shall  grant  a  certificate  of  fitness  to  a  motor  vehicle  in  contravention  of  the  provisions  of  any 
notification issued under sub-section (1). 

2[(4) The Central Government may, having regard to the public safety, convenience, protection of the 
environment and the objects of this Act, make rules prescribing the manner of recycling of motor vehicles 
and parts thereof which have exceeded their life.] 

60.  Registration  of  vehicles  belonging  to  the  Central  Government.—(1)  Such  authority  as  the 
Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle 
which is the property or for the time being under the exclusive control of the Central Government and is 
used  for  Government  purposes  relating  to  the  defence  of  the  country  and  unconnected  with  any 
commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under 
the exclusive control of the Central Government, require to be registered otherwise under this Act. 

(2)  The  authority  registering  a  vehicle  under  sub-section  (1)  shall  assign  a  registration  mark  in 
accordance with the provisions contained in the rules made in this behalf by the Central Government and 
shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being 
with  all  the  requirements  of  this  Act  and  the  rules  made  thereunder  and  that  the  vehicle  has  been 
registered under this section. 

(3) A vehicle registered under this section shall carry the certificate issued under sub-section (2). 

(4) If a vehicle registered under this section ceases to be the property or under the exclusive control of 

the Central Government, the provisions of sections 39 and 40 shall thereupon apply. 

1. Sub-section (4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11-8-2000). 
2. Ins. by Act 32 of 2019, s. 24 (w.e.f. 1-9-2019). 

40 

 
 
 
 
 
 
 
 
 
                                                           
(5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all 
such information regarding the general nature, overall dimensions and axle weights of the vehicle as the 
State Government may at any time require. 

61.  Application  of  Chapter  to  trailers.—(1)  The  provisions  of  this  Chapter  shall  apply  to  the 

registration of trailers as they apply to the registration of any other motor vehicle. 

(2) The registration mark  assigned to a trailer shall be displayed in such manner on the side of the 

drawing vehicle, as may be prescribed by the Central Government. 

(3)  No  person  shall  drive  a  motor  vehicle  to  which  a  trailer  is  or  trailers  are  attached  unless  the 
registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, 
as the case may be, in such manner as may be prescribed by the Central Government. 

62. Information regarding stolen and recovered motor vehicles to be furnished by the police to 
the State Transport Authority.—The State Government may, if it thinks necessary or expedient so to do 
in the public interest, direct the submission by the Inspector General of Police (by whatever designation 
called) and such other police officers as the State Government may specify in this behalf, of such returns 
containing  the  information  regarding  vehicles  which  have  been  stolen  and  stolen  vehicles  which  have 
been  recovered  of  which  the  police  are  aware,  to  the  State Transport  Authority,  and  may  prescribe  the 
form in which and the period within which such returns shall be made. 

1[62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles.—(1) 
No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) 
of sub-section (1) of section 110. 

(2)  No  prescribed  authority  or  authorised  testing  station  shall  issue  a  certificate  of  fitness  under 

section 56 to any motor vehicle that contravenes any rule made under section 110.] 

62B. National Register of Motor Vehicles. —(1) The Central Government shall maintain a National 

Register of Motor Vehicles in such form and manner as may be prescribed by it: 

Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of 

Motor Vehicles by such date as may be notified in the Official Gazette by the Central Government. 

(2) No certificate of registration issued, or renewed, under this Act shall be valid unless it has been 

issued a unique registration number under the National Register of Motor Vehicles 

(3)  In  order  to  maintain  the  National  Register  of  Motor  Vehicles,  all  State  Governments  and 
registering authorities under this Act shall transmit all information and data in the State Register of Motor 
Vehicles  to  the  Central  Government  in  such  form  and  manner  as  may  be  prescribed  by  the  Central 
Government. 

(4)  State  Governments  shall  be  able  to  access  the  National  Register  of  Motor  Vehicles  and  update 
records  in  accordance  with  the  provisions  of  this  Act  and  the  rules  made  by  the  Central  Government 
thereunder.] 

2[63.  Maintenance  of  State  Registers  of  Motor  Vehicles.—  (1)  Each  State  Government  shall 
maintain  in  such  form  as  may  be  prescribed  by  the  Central  Government  a  register  to  be  known  as  the 
State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars 
including—  

(a) registration numbers;  

(b) years of manufacture;  

(c) classes and types;  

(d) names and addresses of registered owners; and  

(e) such other particulars as may be prescribed by the Central Government.]  

1. Ins. by Act 32 of 2019, s. 25 (w.e.f. 1-4-2021). 
2. Subs. by s. 26, ibid., for section 63 (w.e.f. 1-4-2021). 

41 

 
 
                                                           
(2)  Each  State  Government  shall  supply  to  the  Central  Government  1[if  so  desired  by  it]  a  printed 
copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay 
of all additions to and other amendments in such register made from time to time. 

(3) The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by 

the State Government. 

64.  Power  of  Central  Government  to  make  rules.—The  Central  Government  may  make  rules  to 

provide for all or any of the following matters, namely:— 

(a)  the  period  within  which  and  the  form  in  which  an  application  shall  be  made  and  the 

documents, particulars and information it shall accompany under sub-section (1) of section 41; 

(b)  the  form  in  which  the  certificate  of  registration  shall  be  made  and  the  particulars  and 
information  it  shall  contain  and  the  manner  in  which  it  shall  be  issued  under  sub-section  (3)  of  
section 41; 

(c) the form and manner in which the particulars of the certificate of registration shall be entered 

in the records of the registering authority under sub-section (5) of section 41; 

(d) the manner in which and the form in which the registration mark, the letters and figures and 

other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 

2[(da) providing for the period of validity of a certificate of registration under sub-section (7) of 

section 41;] 

(e)  the  period  within  which  and  the  form  in  which  the  application  shall  be  made  and  the 

particulars and information it shall contain under sub-section (8) of section 41; 

2[(ea) the period of renewal of certificate of registration of different types of motor vehicles under 

sub-section (10) of section 41;] 

(f) the form in which the application referred to in sub-section (14) of section 41 shall be made, 

the particulars and information it shall contain and the fee to be charged; 

2[(fa)  the  issue  of  temporary  certificate  of  registration  and  temporary  registration  mark  under 

section 43; 

(fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not 

require production before a registering authority under sub-section (1) of section 44;] 

(g)  the  form  in  which  the  period  within  which  the  application  referred  to  in  sub-section  (1)  of 

section 47 shall be made and the particulars it shall contain; 

(h)  the  form  in  which  and  the  manner  in  which  the  application  for  “No  Objection  Certificate” 
shall  be  made  under  sub-section  (1)  of  section  48  and  the  form  of  receipt  to  be  issued  under  
sub-section (2) of section 48; 

(i) the matters that are to be complied with by an applicant before no objection certificate may be 

issued under section 48; 

(j) the form in which the intimation of change of address shall be made under sub-section (1) of 

section 49 and the documents to be submitted along with the application; 

3[(ja) the form and manner for the electronic submission of the intimation of change of address, 
documents  to  be  submitted  along  with  such  intimation  including  proof  of  authentication  under  
sub-section (1A) of section 49;] 

(k) the form in which and the manner in which the intimation of transfer of ownership shall be 
made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to 
be submitted along with the application; 

1. Ins. by Act 54 of 1994, s. 19 (w.e.f. 14-11-1994). 
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 
3. Ins. by, s. 27, ibid. (w.e.f. 1-9-2019). 

42 

 
                                                           
(l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall 

be made; 

1[(la)  specifications,  conditions  for  approval,  retrofitment  and  other  related  matters  for  the 

alteration of motor vehicles under sub-section (1) of section 52; 

(lb)  the  conditions  for  the  alteration  of  any  motor  vehicle  into  an  adapted  vehicle  under                     

sub-section (2) of section 52;] 

(m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 

and the particulars and information it shall contain; 

(n)  the  period  for  which  the  certificate  of  fitness  granted  or  renewed  under  section  56  shall  be 

effective; 

1[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section 

(6) of section 56; 

(nb) the conditions under which the application of section 56 may be extended to non-transport 

vehicles under sub-section (7) of section 56; 

(nc)  the  recycling  of  motor  vehicles  and  parts  thereof  which  have  exceeded  their  life  under  

sub-section (4) of section 59;] 

(o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for 
making  an  entry  regarding  transfer  of  ownership  on  a  certificate  of  registration,  for  making  or 
cancelling  an  endorsement  in  respect  of  agreement  of  hire-purchase  or  lease  or  hypothecation  on  a 
certificate of registration, for certificates of fitness for registration marks, and for the examination or 
inspection of motor vehicles, and the refund of such fees. 

1[(oa) all or any of the matters under sub-section (1) of section 62B; 

(ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] 

(p) any other matter which is to be, or may be, prescribed by the Central Government.  

65. Power of State Government to make rules.—(1) A State Government may make rules for the 
purpose  of  carrying  into  effect  the  provisions  of  this  Chapter  other  than  the  matters  specified  in  
section 64. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be 

paid in respect of such appeals and the refund of such fees); 

(b) the appointment, functions and jurisdiction of registering and other prescribed authorities; 

(c)  the  exemption  of  road-rollers,  graders  and  other  vehicles  designed  and  used  solely  for  the 
construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the 
rules made thereunder and the conditions governing such exemption; 

(d)  the  issue  or  renewal  of  certificates  of  registration  and  fitness  and  duplicates  of  such 

certificates to replace the certificates lost, destroyed or mutilated; 

(e) the production of certificates of registration before the registering authority for the revision of 

entries therein of particulars relating to the gross vehicle weight; 

(f)  the  temporary  registration  of  motor  vehicles,  and  the  issue  of  temporary  certificate  of 

registration and marks 2[under the proviso to section 43]; 

(g)  the  manner  in  which  the  particulars  referred  to  in  sub-section  (2)  of  section  58  and  other 

prescribed particulars shall be exhibited; 

1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 
2. Ins. by s. 28,  ibid. (w.e.f. 1-9-2019). 

43 

 
                                                           
(h) the exemption of prescribed persons or prescribed classes of persons from payment of all or 

any portion of the fees payable under this Chapter; 

(i) the forms, other than those prescribed by the Central Government, to be used for the purpose 

of this Chapter; 

(j) the communication between registering authorities of particulars of certificates of registration 
and  by  owners  of  vehicles  registered  outside  the  State  of  particulars  of  such  vehicles  and  of  their 
registration; 

(k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or 

sub-section (4) of section 49 or sub-section (5) of section 50; 

(l) the extension of the validity of certificates of fitness pending consideration of applications for 

their renewal; 

(m) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, 

of motor vehicles in the possession of dealers; 

(n) the form in which and the period within which the return under section 62 shall be sent; 

1* 

* 

* 

* 

* 

(p) any other matter which is to be or may be prescribed.  

CHAPTER V 

CONTROL OF TRANSPORT VEHICLES 

66.  Necessity  for  permits.—(1)  No  owner  of  a  motor  vehicle  shall  use  or  permit  the  use  of  the 
vehicle  as  a  transport  vehicle  in  any  public  place  whether  or  not  such  vehicle  is  actually  carrying  any 
passengers  or  goods  save  in  accordance  with  the  conditions  of  a  permit  granted  or  countersigned  by  a 
Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle 
in that place in the manner in which the vehicle is being used: 

Provided  that  a  stage  carriage  permit  shall,  subject  to  any  conditions  that  may  be  specified  in  the 

permit, authorise the use of the vehicle as a contract carriage: 

Provided further that a stage carriage permit may, subject to any conditions that may be specified in 

the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: 

Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the 
permit,  authorise  the  use  of  the  vehicle  for  the  carriage  of  goods  for  or  in  connection  with  a  trade  or 
business carried on by him. 

2[Provided  also  that  where  a  transport  vehicle  has  been  issued  any  permit  or  permits,  as  well  as  a 
licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or 
under such licence, at the discretion of the vehicle owner.] 

(2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or semi-

trailer not owned by him, subject to such conditions as may be prescribed. 

3[Provided  that  the  holder  of  a  permit  of  any  articulated  vehicle  may  use  the  prime-mover  of  that 

articulated vehicle for any other semi-trailor.] 

(3) The provisions of sub-section (1) shall not apply— 

(a) to any transport vehicle owned by the Central Government or a State Government and used 

for Government purposes unconnected with any commercial enterprise; 

(b) to any transport vehicle owned by a local authority or by a person acting under contract with a 

local authority and used solely for road cleansing, road watering or conservancy purposes; 

1. Clause (o) omitted by Act 32 of 2019, s. 28 (w.e.f. 1-4-2021). 
2. Ins. by s. 29, ibid. (w.e.f. 1-9-2019). 
3. Added by Act 54 of 1994, s. 20 (w.e.f. 14-11-1994). 

44 

 
 
 
 
 
 
 
 
                                                           
(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; 

(d)  to  any  transport  vehicle  used  solely  for  the  conveyance  of  corpses  and  the  mourners 

accompanying the corpses; 

(e)  to  any  transport  vehicle  used  for  towing  a  disabled  vehicle  or  for  removing  goods  from  a 

disabled vehicle to a place of safety; 

(f) to any transport vehicle used for any other public purpose as may be prescribed  by the State 

Government in this behalf; 

(g)  to  any  transport  vehicle  used  by  a  person  who  manufactures  or  deals  in  motor  vehicles  or 
builds  bodies  for  attachment  to  chassis,  solely  for  such  purposes  and  in  accordance  with  such 
conditions  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this 
behalf; 

1* 

* 

* 

* 

* 

(i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; 

(j)  subject  to  such  conditions  as  the  Central  Government  may,  by  notification  in  the  Official 
Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in 
that State or in any other State, without carrying any passenger or goods; 

(k)  to  any  transport  vehicle  which  has  been  temporarily  registered  under  section  43  while 

proceeding empty to any place for the purpose of registration of the vehicle; 

2* 

* 

* 

* 

* 

(m)  to  any  transport  vehicle  which,  owing  to  flood,  earthquake  or  any  other  natural  calamity, 
obstruction on road, or unforeseen circumstances is required to be diverted through any other route, 
whether within or outside the State, with a view to enabling it to reach its destination; 

(n) to any transport vehicle used for such purposes as the Central or State Government may, by 

order, specify; 

(o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement 
and  which  owing  to  the  default  of  the  owner  has  been  taken  possession  of  by  or  on  behalf  of,  the 
person with whom the owner has entered into such agreement, to enable such motor vehicle to reach 
its destination; or 

(p) to any transport vehicle while proceeding empty to any place for purpose of repair. 

3[(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) 
of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the 
Central Government or by the State Government.] 

(4) Subject to the provisions of sub-section (3), sub-section (1) shall if the State Government by rule 
made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons 
excluding the driver. 

4[66A.  National  Transportation  Policy.—The  Central  Government  may  develop  a  National 
Transportation Policy consistent with the objects of this Act in concurrence with the State Governments 
and other agencies with a view to— 

(i) establish a planning framework for passengers and goods transportation within which transport 

bodies are to operate; 

1. Cl. (h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11-8-2000). 
2. Cl. (l) omitted by Act 39 of 2001, s. 2 (w.e.f. 27-9-2001). 
3. Ins. by Act 32 of 2019, s. 29 (w.e.f. 1-9-2019). 
4. Ins. by, s. 30, ibid. (w.e.f. 1-9-2019). 

45 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(ii) establish a medium and long term planning framework for all forms of road transport, identify 
areas for the development of transport improvement infrastructure across India in consultation with 
the authorities and agencies related to ports, railways and aviation as well as with local and State level 
planning,  land  holding  and  regulatory  authorities  for  the  delivery  of  an  integrated  multimodal 
transport system; 

(iii) establish the framework of grant of permits and schemes; 

(iv)  establish  strategic  policy  for  transport  by  road  and  its  role  as  a  link  to  other  means  of 

transport; 

(v) identify strategic policies and specify priorities for the transport system that address current 

and future challenges; 

(vi) provide medium to long term strategic directions, priorities and actions; 

(vii)  promote  competition,  innovation,  increase  in  capacity,  seamless  mobility  and  greater 

efficiency in transport of goods or livestock or passengers, and economical use of resources; 

(viii)  safeguard the  interest  of  the  public  and  promote  equity,  while  seeking  to  enhance  private 

participation and public-private partnership in the transport sector; 

(ix) demonstrate an integrated approach to transport and land use planning; 

(x) identify the challenges that the National Transportation Policy seeks to address; and 

(xi) address any other matter deemed relevant by the Central Government. 

66B. No bar against permit holders to apply and hold licences under schemes.—No person who 

holds the permit issued under this Act shall— 

(a) be disqualified from applying for a licence under the scheme made under sub-section (3) of 

section 67 or sub-section (1) of section 88A by reason of holding such permit; and 

(b)  be  required  to  get  such  permit  cancelled  on  being  issued a  licence under  any  scheme  made 

under this Act.] 

67.  Power  to  State  Government  to  control  road  transport.—1[(1)  A  State  Government,  having 

regard to— 

(a)  the  advantages  offered  to  the  public,  trade  and  industry  by  the  development  of  motor 

transport; 

(b) the desirability of co-ordinating road and rail transport; 

(c) the desirability of preventing the deterioration of the road system, and 

(d) promoting effective competition among the transport service providers, 

may, from time to time, by notification in the Official Gazette issue directions both to the State Transport 
Authority  and  Regional  Transport  Authority  regarding  the  passengers’  convenience,  economically 
competitive fares, prevention of overcrowding and road safety.] 

(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, 
contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax 
payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage 

1. Subs. by Act 32 of 2019 s. 31, for sub-section (1) (w.e.f. 1-9-2019). 

46 

 
                                                           
carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on 
passengers and goods: 

1[Provided that the State Government may subject to such conditions as it may deem fit, and with a 
view  to  achieving  the  objectives  specified  in  clause  (d)  of  sub-section  (1),  relax  all  or  any  of  the 
provisions made under this Chapter.] 

1[(3) Notwithstanding anything contained in this Act, the State Government may, by notification in 
the Official Gazette, modify any permit issued under this Act or make schemes for the transportation of 
goods  and  passengers  and  issue  licences  under  such  scheme  for  the  promotion  of  development  and 
efficiency in transportation— 

(a) last mile connectivity; 

(b) rural transport; 

(c) reducing traffic congestion; 

(d) improving urban transport; 

(e) safety of road users; 

(f) better utilisation of transportation assets; 

(g) the enhancement of economic vitality of the area, through competitiveness, productivity and 

efficiency; 

(h) the increase in the accessibility and mobility of people; 

(i) the protection and enhancement of the environment; 

(j) the promotion of energy conservation; 

(k) improvement of the quality of life; 

(l) enhance integration and connectivity of the transportation system, across and between modes 

of transport; and 

(m) such other matters as the Central Government may deem fit. 

(4) The scheme framed under sub-section (3), shall specify the fees to be charged, form of application 

and grant of a licence including the renewal, suspension, cancellation or modification of such licence.] 

68. Transport Authorities.—(1) The State Government shall, by notification in the Official Gazette, 
constitute  for the  State  a  State  Transport  Authority  to  exercise  and  discharge  the  powers  and  functions 
specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise 
and  discharge  throughout such  areas  (in  this  Chapter referred to  as  regions) as may  be  specified in  the 
notification, in respect of each Regional Transport Authority; the powers and functions conferred by or 
under this Chapter on such Authorities: 

Provided that in the Union territories, the Administrator may abstain from constituting any Regional 

Transport Authority. 

(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who 
has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating 
authority  competent  to  pass  any  order  or  take  any  decision  under  any  law  and  in  the  case  of  a  State 
Transport Authority, such other persons (whether officials or not), not being more than four and, in the 
case of a Regional Transport Authority, such other persons (whether officials or not), not being more than 
two,  as  the  State  Government  may  think  fit  to  appoint;  but  no  person  who  has  any  financial  interest 
whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue  

1. Ins. by Act 32 of 2019, s. 31 (w.e.f. 1-9-2019). 

47 

 
 
                                                           
to be, a member of a State or Regional Transport  Authority, and, if any person being a member of any 
such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so 
doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate 
office: 

Provided  that  nothing  in  this  sub-section  shall  prevent  any  of  the  members  of  the  State  Transport 
Authority  or  a  Regional  Transport  Authority,  as  the  case  may  be,  to  preside  over  a  meeting  of  such 
Authority  during  the  absence  of  the  Chairman,  notwithstanding  that  such  member  does  not  possess 
judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority 
competent to pass any order or take any decision under any law: 

Provided further that the State Government may,— 

(i) where it considers necessary or expedient so to do, constitute the State Transport Authority or 
a Regional Transport Authority for any region so as to consist of only one member who shall be an 
official  with  judicial  experience  or  experience  as  an  appellate  or  a  revisional  authority  or  as  an 
adjudicating authority competent to pass any order or take any decision under any law; 

(ii) by rules made in this behalf, provide for the transaction of business of such authorities in the 
absence of the Chairman or any other member and specify the circumstances under which, and the 
manner in which, such business could be so transacted: 

Provided also that nothing in this sub-section shall be construed as debarring an official (other than an 
official  connected  directly  with  the  management  or  operation  of  a  transport  undertaking)  from  being 
appointed  or  continuing  as  a  member  of  any  such  authority  merely  by  reason  of  the  fact  that  the 
Government employing the official has, or acquires, any financial interest in a transport undertaking. 

(3)  The  State  Transport  Authority  and  every  Regional  Transport  Authority  shall  give  effect  to  any 
directions issued under section 67 and the State Transport Authority shall, subject to such directions and 
save  as  otherwise  provided  by  or  under  this  Act,  exercise  and  discharge  throughout  the  State  the 
following powers and functions, namely:— 

(a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if 

any, of the State; 

(b) to perform the duties of a Regional Transport Authority where there is no such Authority and, 
if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect 
of any route common to two or more regions; 

(c)  to  settle  all  disputes  and  decide  all  matters  on  which  differences  of  opinion  arise  between 

Regional Transport Authorities; and 

1[(ca) Government to formulate routes for plying stage carriages;] 

(d) to discharge such other functions as may be prescribed. 

(4)  For  the  purpose  of  exercising  and  discharging  the  powers  and  functions  specified  in  
sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue 
directions  to  any  Regional  Transport  Authority,  and  the  Regional  Transport  Authority  shall,  in  the 
discharge of its functions under this Act, give effect to and be guided by such directions. 

(5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf 
by rules made under section 96, may delegate such of its powers and functions to such authority or person 
subject to such restrictions, limitations and conditions as may be prescribed by the said rules.  

69. General provision as to applications for permits.—(1) Every application for a permit shall be 
made  to  the  Regional  Transport  Authority  of  the  region  in  which  it  is  proposed  to  use  the  vehicle  or 
vehicles: 

Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the 
same State, the application shall be made to the Regional Transport Authority of the region in which the 

1. Ins. by Act 54 of 1994, s. 22 (w.e.f. 14-11-1994). 

48 

 
                                                           
major portion of the proposed route or area lies, and in case the portion of the proposed route or area in 
each of the regions is approximately equal, to the Regional Transport Authority of the region in which it 
is proposed to keep the vehicle or vehicles: 

Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in 
different States, the application shall be made to the Regional Transport Authority of the region in which 
the applicant resides or has his principal place of business. 

(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification 
in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or 
more regions lying in different States, the application under that sub-section shall be made to the State 
Transport Authority of the region in which the applicant resides or has his principal place of business. 

70.  Application  for  stage  carriage  permit.—(1)  An  application  for  a  permit  in  respect  of  a  stage 
carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far 
as may be, contain the following particulars, namely:— 

(a) the route or routes or the area or areas to which the application relates; 

(b) the type and seating capacity of each such vehicle; 

(c) the minimum and maximum number of daily trips proposed to be provided and the time-table 

of the normal trips. 

Explanation.—For  the  purposes  of  this  section,  section  72,  section  80  and  section  102,  “trip” 
means a single journey from one point to another, and every return journey shall be deemed to be a 
separate trip; 

(d) the number of vehicles intended to be kept in reserve to maintain the service and to provide 

for special occasions; 

(e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, 

for the comfort and convenience of passengers and for the storage and safe custody of luggage; 

(f) such other matters as may be prescribed. 

(2) An application referred to in sub-section (1) shall be accompanied by such documents as may be 

prescribed. 

71.  Procedure  of  Regional  Transport  Authority  in  considering  application  for  stage  carriage 
permit.— (1) A Regional Transport Authority shall, while considering an application for a stage carriage 
permit, have regard to the objects of this Act: 

1* 

* 

* 

* 

* 

(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any 
time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven 
are likely to be contravened: 

Provided that before such refusal an opportunity shall be given to the applicant to amend the time-

table so as to conform to the said provisions. 

(3) (a) The  State  Government shall, if  so directed by  the  Central  Government  having  regard  to  the 
number  of  vehicles,  road  conditions  and  other  relevant  matters,  by  notification  in  the  Official  Gazette, 
direct  a  State  Transport  Authority  and  a  Regional  Transport  Authority  to  limit  the  number  of  stage 
carriages generally or of any specified type, as may be fixed and specified in the notification, operating on 
city routes in towns with a population of not less than five lakhs. 

(b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall 
reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled 
tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the 
State. 

1. Proviso omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 

49 

 
 
 
 
 
 
 
 
                                                           
(c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority 
shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by 
the State Government under sub-clause (b).  

(d)  After  reserving  such  number  of  permits  as  is  referred  to  in  clause  (c),  the  Regional  Transport 

Authority shall in considering an application have regard to the following matters, namely:— 

(i) financial stability of the applicant; 
(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant 

is or has been an operator of stage carriage service; and 

(iii) such other matters as may be prescribed by the State Government: 

Provided  that,  other  conditions  being  equal,  preference  shall  be  given  to  applications  for  permits 

from— 

(i) State transport undertakings; 
(ii) co-operative societies registered or deemed to have been registered under any enactment  for 

the time being in force; 1*** 
(iii) ex-servicemen; 2[or] 
2[(iv)  any  other  class  or  category  of  persons,  as  the  State  Government  may,  for  reasons  to  be 

recorded in writing consider necessary.] 
3* 
* 
Explanation.—For the purposes of this section “company” means any body corporate, and includes a 

      * 

* 

* 

firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm. 
STATE AMENDMENT 

Kerala 

Amendment of section 71.—In section 71 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), 

(hereinafter referred to as the principal Act), in sub-section (4).— 

(i) for the words “five” and “ten”, the words “ten” and “fifty” shall, respectively, be substituted; 
(ii) for the words “any company”, the words “any co-operative society or to any company” shall be 

substituted. 

[Vide Kerala Act 12 of 1993, sec. 2.] 
72.  Grant  of  stage  carriage  permits.—(1)  Subject  to  the  provisions  of  section  71,  a  Regional 
Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in 
accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: 
Provided  that  no  such  permit  shall  be  granted  in  respect  of  any  route  or  area  not  specified  in  the 

application. 

(2)  The  Regional  Transport  Authority,  if  it  decides  to  grant  a  stage  carriage  permit,  may  grant  the 
permit  for  a  stage  carriage  of  a  specified  description  and  may,  subject  to  any  rules  that  may  be  made 
under this Act, attach to the permit any one or more of the following conditions, namely:— 

(i) that the vehicles shall be used only in a specified area, or on a specified route or routes; 
(ii) that the operation of the stage carriage shall be commenced with effect from a specified date; 
(iii) the minimum and maximum number of daily trips to be provided in relation to any route or 

area generally or on specified days and occasions; 

(iv)  that  copies  of  the  time-table  of  the  stage  carriage  approved  by  the  Regional  Transport 
Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within 
the area; 

(v) that the stage carriage shall be operated within such margins of deviation from the approved 

time-table as the Regional Transport Authority may from time to time specify; 

(vi) that within municipal limits and such other areas and places as may be prescribed, passengers 

or goods shall not be taken up or set down except at specified points; 

1. The word “or” omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 
2. Ins. by s. 23, ibid. (w.e.f. 14-11-1994). 
3. Sub-sections (4) and (5) omitted by s. 23, ibid. (w.e.f. 14-11-1994). 

50 

 
 
 
 
 
 
 
 
                                                           
(vii)  the  maximum  number  of  passengers  and  the  maximum  weight  of  luggage  that  may  be 
carried  on  the  stage  carriage,  either  generally  or  on  specified  occasions  or  at  specified  times  and 
seasons; 

(viii) the weight and nature of passengers; luggage that shall be carried free of charge, the total 
weight of luggage that may be carried in relation to each passenger, and the arrangements that shall 
be made for the carriage of luggage without causing inconvenience to passengers; 

(ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance; 

(x) that vehicles of a specified type fitted with body conforming to approved specifications shall 

be used: 

Provided that the attachment of this condition to a permit shall not prevent the continued use, for 
a  period  of  two  years  from  the  date  of  publication  of  the  approved  specifications,  of  any  vehicle 
operating on that date; 

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; 

(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to 

the exclusion of passengers; 

(xiii) that fares shall be charged in accordance with the approved fare table; 

(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority 
and  particulars  of  any  special  fares  or  rates  of  fares  so  approved  for  particular  occasions  shall  be 
exhibited on the stage carriage and at specified stands and halts; 

(xv)  that  tickets  bearing  specified  particulars  shall  be  issued  to  passengers  and  shall  show  the 

fares actually charged and that records of tickets issued shall be kept in a specified manner; 

(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as 
to the time in which mails are to be carried and the charges which may be levied) as may be specified; 

(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and 

to provide for special occasions; 

(xviii) the conditions subject to which vehicle may be used as a contract carriage; 

(xix)  that  specified  arrangements  shall  be  made  for  the  housing,  maintenance  and  repair  of 

vehicle; 

(xx) that any specified bus station or shelter maintained by Government or a local authority shall 

be used and that any specified rent or fee shall be paid for such use; 

(xxi) that the conditions of the permit shall not be departed from, save with the approval of the 

Regional Transport Authority; 

(xxii)  that  the  Regional  Transport  Authority  may,  after  giving  notice  of  not  less  than  one 

month,— 

(a) vary the conditions of the permit; 

(b) attach to the permit further conditions: 

Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter 
the distance covered by the original route by more than 24 kilometers, and any variation within such 
limits shall be made only after the Regional Transport Authority is satisfied that such variation will 
serve the convenience of the public and that it is not expedient to grant a separate permit in respect of 
the original route as so varied or any part thereof; 

(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical 

returns, statistics and other information as the State Government may from time to time prescribe; 

(xxiv) any other conditions which may be prescribed. 

51 

 
1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage 

permit operating in a rural area, as it deems fit.] 

73. Application for contract carriage permit.—An application for a permit in respect of a contract 
carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, 
namely:— 

(a) the type and seating capacity of the vehicle; 

(b) the area for which the permit is required; 

(c) any other particulars which may be prescribed. 

74. Grant of contract carriage permit.—(1) Subject to the provisions of sub-section (3), a Regional 
Transport Authority may, on an application made to it under section 73, grant a contract carriage permit 
in  accordance  with  the  application  or  with  such  modifications  as  it  deems  fit  or  refuse  to  grant  such a 
permit: 

Provided that no such permit shall be granted in respect of any area not specified in the application.  

(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to 
any  rules  that  may  be  made  under  this  Act,  attach  to  the  permit  any  one  or  more  of  the  following 
conditions, namely:— 

(i) that the vehicles shall be used only in a specified area or on a specified route or routes; 

(ii)  that  except  in  accordance  with  specified  conditions,  no  contract  of  hiring,  other  than  an 

extension or modification of a subsisting contract, may be entered into outside the specified area; 

(iii) the maximum number of passengers and the maximum weight of luggage that may be carried 

on the vehicles, either generally or on specified occasions or at specified times and seasons; 

 (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, 

or to the exclusion of, passengers; 

(v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of 

the fare table shall be exhibited on the vehicle; 

(vi)  that,  in  the  case  of  vehicles  other  than  motor  cabs,  specified  rates  of  hiring  not  exceeding 

specified maximum shall be charged; 

(vii) that, in the case of motor cabs, a special weight of passengers’ luggage shall be carried free 

of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; 

(viii) that, in the case of motor cabs, a taximeter shall be fitted and maintained in proper working 

order, if prescribed; 

(ix) that the Regional Transport Authority may, after giving, notice of not less than one month,— 

(a) vary the conditions of the permit; 

(b) attach to the permit further conditions; 

(x) that the conditions of permit shall not be departed from save with the approval of the Regional 

Transport Authority; 

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; 

(xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying 

of the passengers shall not be refused; 

(xiii) any other conditions which may be prescribed. 

1. Ins. by Act 32 of 2019, s. 32 (w.e.f. 1-9-2019). 

52 

 
                                                           
1[Provided that the Regional Transport Authority may in the interests of last mile connectivity waive 
any  such  condition  in  respect  of  any  such  types  of  vehicles  as  may  be  specified  by  the  Central 
Government.] 

(3) (a) The State Government shall, if so directed by the Central Government, having regard to the 
number  of  vehicles,  road  conditions  and  other  relevant  matters,  by  notification  in  the  Official  Gazette, 
direct  a  State  Transport  Authority  and  a  Regional  Transport  Authority  to  limit  the  number  of  contract 
carriages generally or of any specified type, as may be fixed and specified in the notification, operating on 
city routes in towns with a population of not less than five lakhs. 

(b)  Where  the  number  of  contract  carriages  are  fixed  under  clause  (a),  the  Regional  Transport 
Authority  shall,  in  considering  an  application  for  the  grant  of  permit  in  respect  of  any  such  contract 
carriage, have regard to the following matters, namely:— 

(i) financial stability of the applicant; 

(ii)  satisfactory  performance  as  a  contract  carriage  operator  including  payment  of  tax  if  the 

applicant is or has been an operator of contract carriages; and 

(iii) such other matters as may be prescribed by the State Government: 

Provided  that,  other  conditions  being  equal,  preference  shall  be  given  to  applications  for  permits 

from— 

(i) the India Tourism Development Corporation; 

(ii) State Tourism Development Corporations; 

(iii) State Tourism Departments; 

(iv) State transport undertakings; 

(v) co-operative societies registered or deemed to have been registered under any enactment for 

the time being in force; 

(vi) ex-servicemen; 

1[(vii) self-help groups.] 

75.  Scheme  for  renting  of  motor  cabs.—(1)  The  Central  Government  may,  by  notification  in  the 
Official Gazette, make a scheme for the purpose of regulating the business of renting of  2[motor cabs or 
motor  cycles  to  persons  desiring  to  drive  either  by  themselves  or through  drivers,  motor cabs  or  motor 
cycles] for their own use and for matters connected therewith. 

(2)  A  scheme  made  under  sub-section  (1)  may  provide  for  all  or  any  of  the  following  matters,  

namely:— 

(a)  licensing  of  operators  under  the  scheme  including  grant,  renewal  and  revocation  of  such 

licences; 

(b) form of application and form of licences and the particulars to be contained therein; 

(c) fee to be paid with the application for such licences; 

(d) the authorities to which the application shall be made; 

(e) condition subject to which such licences may be granted, renewed or revoked; 

(f)  appeals  against  orders  of  refusal  to  grant  or  renew  such  licences  and  appeals  against  orders 

revoking such licences; 

(g) conditions subject to which motor cabs may be rented; 

(h) maintenance of records and inspection of such records; 

(i) such other matters as may be necessary to carry out the purposes of this section. 

1. Ins. by Act 32 of 2019, s. 33 (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1994, s. 24, for “motor cabs to persons desiring to drive the cabs” (w.e.f. 14-11-1994). 

53 

 
                                                           
76. Application for private service vehicle permit.—(1) A Regional Transport Authority may, on 
an application made to it, grant a private service vehicle permit in accordance with the application or with 
such modification as it deems fit or refuse to grant such permit: 

Provided  that  no  such  permit  shall  be  granted  in  respect  of  any  area  or  route  not  specified  in  the 

application. 

(2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the 

following particulars, namely:— 

(a) type and seating capacity of the vehicle; 

(b) the area or the route or routes to which the application relates; 

(c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire 
or reward or in connection with the trade or business carried on by the applicant will be served by the 
vehicle; and 

(d) any other particulars which may be prescribed. 

(3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that 
may be made under this Act, attach to the permit any one or more of the following conditions, namely:— 

(i) that the vehicle be used only in a specified area or on a specified route or routes; 

(ii) the maximum number of persons and the maximum weight of luggage that may be carried; 

(iii) that the Regional Transport Authority may, after giving notice of not less than one month— 

(a) vary the conditions of the permit; 

(b) attach to the permit further conditions; 

(iv)  that  the  conditions  of  permit  shall  not  be  departed  from,  save  with  the  approval  of  the 

Regional Transport Authority; 

(v) that specified standards of comforts and cleanliness shall be maintained in the vehicle; 

(vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical 
returns, statistics and other information as the State Government may, from time to time, specify; and 

(vii) such other conditions as may be prescribed. 

77. Application for goods carriage permit.—An application for a permit to use a motor vehicle for 
the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or 
business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as 
may be, contain the following particulars, namely:— 

(a) the area or the route or routes to which the application relates; 

(b) the type and capacity of the vehicle; 

(c) the nature of the goods it is proposed to carry; 

(d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle 

and for the storage and safe custody of the goods; 

(e) such particulars as the Regional Transport Authority may require with respect to any business 
as a carrier of goods for hire or reward carried on by the applicant at any time before the making of 
the application, and of the rates charged by the applicant; 

(f) particulars of any agreement, or arrangement, affecting in any material respect the provision 
within the region of the Regional Transport Authority of facilities for the transport of goods for hire 
or reward, entered into by the applicant with any other person by whom such facilities are provided, 
whether within or without the region; 

(g) any other particulars which may be prescribed. 

54 

 
78.  Consideration  of  application  for  goods  carriage  permit.—A  Regional  Transport  Authority 
shall,  in  considering  an  application  for  a  goods  carriage  permit,  have  regard  to  the  following  matters, 
namely:— 

(a) the nature of the goods to be carried with special reference to their dangerous or  hazardous 

nature to human life; 

(b) the nature of the chemicals or explosives to be carried with special reference to the safety to 

human life. 

79. Grant of goods carriage permit.—(1) A Regional Transport Authority may, on an application 
made  to  it  under  section  77,  grant  a  goods  carriage  permit  to  be  valid  throughout  the  State  or  in 
accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: 

Provided  that  no  such  permit  shall  be  granted  in  respect  of  any  area  or  route  not  specified  in  the 

application. 

(2) The Regional Transport Authority, if it decides to grant a goods carriage permit,  may grant the 
permit and may, subject to any rules that may be  made under this Act, attach to the permit any one or 
more of the following conditions, namely:— 

(i) that the vehicle shall be used only in a specified area or on a specified route or routes; 

(ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum; 

(iii) that goods of a specified nature shall not be carried; 

(iv) that goods shall be carried at specified rates; 

(v)  that  specified  arrangement  shall  be  made  for  the  housing,  maintenance  and  repair  of  the 

vehicle and the storage and safe custody of the goods carried; 

(vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical 

returns, statistics and other information as the State Government may, from time to time, prescribe; 

(vii) that the Regional Transport Authority may, after giving notice of not less than one month,— 

(a) vary the conditions of the permit; 

(b) attach to the permit further conditions; 

(viii) that the conditions of the permit shall not be departed from, save with the approval of the 

Regional Transport Authority; 

(ix) any other conditions which may be prescribed. 

(3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and 

carriage of goods of dangerous or hazardous nature to human life. 

80. Procedure in applying for and granting permits.—(1) An application for a permit of any kind 

may be made at any time. 

(2) A 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred 
to  in  sub-section (1)  of  section  66]  shall  not  ordinarily  refuse to  grant  an  application for  permit  of any 
kind made at any time under this Act: 

Provided  that  the  1[Regional  Transport  Authority,  State  Transport  Authority  or  any  prescribed 
authority referred to in sub-section (1) of section 66] may summarily refuse the application if the grant of 
any  permit  in  accordance with  the  application  would  have  the  effect  of  increasing  the  number  of  stage 
carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) 
of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under 
clause (a) of sub-section (3) of section 74: 

1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 

55 

 
                                                           
Provided  further  that  where  a  1[Regional  Transport  Authority,  State  Transport  Authority  or  any 
prescribed authority referred to in sub-section (1) of section 66] refuses an application for the grant of a 
permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the 
same and an opportunity of being heard in the matter. 

(3)  An  application  to  vary  the  conditions  of  any  permit,  other  than  a  temporary  permit,  by  the 
inclusion of a new route or routes of a new area or by altering the route or routes or area covered by it, or 
in the case of a stage carriage permit by increasing the number of trips above the specified maximum or 
by the variation, extension or curtailment of the route or routes or the area specified in the permit shall be 
treated as an application for the grant of a new permit: 

Provided that it shall not be necessary so to treat an application made by the holder of stage carriage 
permit who  provides the only service on any route to increase the frequency of the service so provided 
without any increase in the number of vehicles:  

Provided further that,— 

(i)  in  the  case  of  variation,  the  termini  shall  not  be  altered  and  the  distance  covered  by  the 

variation shall not exceed twenty-four kilometres; 

(ii)  in  the  case  of  extension,  the  distance  covered  by  extension  shall  not  exceed  twenty-four 

kilometres from the termini, 

and any such variation or extension within such limits shall be made only after the transport authority is 
satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a 
separate permit in respect of the original route as so varied or extended or any part thereof. 

(4) A 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred 
to in sub-section (1) of section 66] may, before such date as may be specified by it in this behalf, replace 
any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 
or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the 
same route or routes or the same area for which the replaced permit was valid: 

Provided that no condition other than a condition which was already attached to the replaced permit 
or which could have been attached thereto under the law in force when that permit was granted shall be 
attached to the fresh permit except with the consent in writing of the holder of the permit. 

(5)  Notwithstanding  anything  contained  in  section  81,  a  permit  issued  under  the  provisions  of  
sub-section  (4)  shall  be  effective  without  renewal  for  the  remainder  of  the  period  during  which  the 
replaced permit would have been so effective. 

81.  Duration  and  renewal  of  permits.—(1)  A  permit  other  than  a  temporary  permit  issued  under 
section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 2[from the date 
of issuance or renewal thereof] for a period of five years: 

Provided  that  where  the  permit  is  countersigned  under  sub-section  (1)  of  section  88,  such 
countersignature  shall  remain  effective  without  renewal  for  such  period  so  as  to  synchronise  with  the 
validity of the primary permit. 

(2) A permit may be renewed on an application made not less than fifteen days before the date of its 

expiry. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2), the  Regional Transport  Authority  or the 
State Transport Authority, as the case  may be, may entertain an application for the renewal of a permit 
after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good 
and sufficient cause from making an application within the time specified. 

(4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject 

an application for the renewal of a permit on one or more of the following grounds, namely:— 

1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 
2. Subs. by s. 26, ibid., for “without renewal” (w.e.f. 14-11-1994). 

56 

 
                                                           
(a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of 
debts  remaining  unsatisfied  for  a  period  of  thirty  days,  prior  to  the  date  of  consideration  of  the 
application; 

(b) the applicant had been punished twice or more for any of the following offences within twelve 
months reckoned from fifteen days prior to the date of consideration of the application committed as a 
result of the operation of a stage carriage service by the applicant, namely:— 

(i) plying any vehicle— 

(1) without payment of tax due on such vehicle; 

(2) without payment of tax during the grace period allowed for payment of such tax and 

then stop the plying of such vehicle; 

(3) on any unauthorised route; 

(ii) making unauthorised trips: 

Provided that in computing the number of punishments for the purpose of clause (b), any punishment 

stayed by the order of an appellate authority shall not be taken into account: 

Provided further that no application under this sub-section shall be rejected unless an opportunity of 

being heard is given to the applicant. 

(5) Where a permit has been renewed under this section after the expiry of the period thereof, such 
renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit 
has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee 
paid in respect of such temporary permit shall be refunded. 

82. Transfer of permit.—(1) Save as provided in sub-section (2), a permit shall not be transferable 
from one person to another except with the permission of the transport authority which granted the permit 
and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the 
permit is transferred any right to use that vehicle in the manner authorised by the permit. 

(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered 

by the permit may, for a period of three months, use the permit as if it had been granted to himself: 

Provided that such person has, within thirty days of the death of the holder, informed the transport 

authority which granted the permit of the death of the holder and of his own intention to use the permit: 

Provided further that no permit shall be so used after the date on which it would have ceased to be 

effective without renewal in the hands of the deceased holder. 

(3)  The  transport  authority  may,  on  application  made  to  it  within  three  months  of  the  death  of  the 
holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered 
by the permit: 

Provided that the transport  authority  may  entertain  an  application  made  after the  expiry  of  the  said 
period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from 
making an application within the time specified. 

83. Replacement of vehicles.—The holder of a permit may, with the permission of the authority by 
which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same 
nature. 

84.  General  conditions  attaching  to  all  permits.—The  following  shall  be  conditions  of  every 

permit— 

(a)  that  the  vehicle  to  which  the  permit  relates  carries  valid  certificate  of  fitness  issued  under 
section 56 and is at all times so maintained as to comply with the requirements of this Act and the 
rules made thereunder; 

(b)  that  the  vehicle  to  which  the  permit  relates  is  not  driven  at  a  speed  exceeding  the  speed 

permitted under this Act; 

57 

 
(c) that any prohibition or restriction imposed and any fares or freight fixed by notification made 

under section 67 are observed in connection with the vehicle to which the permit relates; 

(d) that the vehicle to which the permit relates is not driven in contravention of the provisions of 

section 5 or section 113; 

(e) that the provisions of this Act limiting the hours of work of drivers are observed in connection 

with any vehicle or vehicles to which the permit relates; 

(f) that the provisions of Chapters X, XI and XII so far as they apply to the holder  of the permit 

are observed; and 

(g) that the name and address of the operator shall be painted or otherwise firmly affixed to every 
vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in 
a  colour  or  colours  vividly  contrasting  to  the  colour  of  the  vehicle  centered  as  high  as  practicable 
below the window line in bold letters. 

85.  General form  of  permits.—Every  permit  issued  under this  Act  shall  be  complete in  itself  and 

shall contain all the necessary particulars of the permit and the conditions attached thereto. 

86.  Cancellation  and suspension  of  permits.—(1) The  transport  authority  which  granted  a  permit 

may cancel the permit or may suspend it for such period as it thinks fit— 

(a)  on  the  breach  of  any  condition  specified in  section  84  or  of  any  condition  contained in  the 

permit, or  

(b) if the holder of the permit uses or causes or allows a vehicle to be used in any  manner not 

authorised by the permit, or 

(c) if the holder of the permit ceases to own the vehicle covered by the permit, or 

(d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or 

(e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for 

the purposes for which the permit was granted, or 

(f) if the holder of the permit acquires the citizenship of any foreign country: 

Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the 

holder of the permit to furnish his explanation. 

(2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation 
to a permit granted by any authority or person to whom power in this behalf has been delegated under 
sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority. 

(3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its 

reasons for the action taken. 

(4)  The  powers  exercisable  under  sub-section  (1)  (other  than  the  power  to  cancel  a  permit)  by  the 
transport authority which granted the permit may be exercised by any authority or person to whom such 
powers have been delegated under sub-section (5) of section 68. 

(5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) 
of sub-section (1) and the transport authority is of opinion that having regard to the circumstances of the 
case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit 
agrees to  pay  a  certain  sum  of  money,  then,  notwithstanding  anything  contained  in sub-section (1),  the 
transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from 
the holder of the permit the sum of money agreed upon. 

(6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has 

been preferred under section 89, be exercised also by the appellate authority. 

(7) In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under 
sub-section  (1)  (other  than  the  power  to  cancel  a  permit)  by  the  transport  authority  which  granted  the 
permit, may be exercised by any transport authority and any authority or persons to whom power in this 

58 

 
behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted 
by any such authority or persons. 

87.  Temporary  permits.—(1)  A  Regional  Transport  Authority  and  the  State  Transport  Authority 
may without following the procedure laid down in section 80, grant permits, to be effective for a limited 
period  which  shall,  not  in  any  case  exceed  four  months,  to  authorise  the  use  of  a  transport  vehicle 
temporarily— 

(a) for the conveyance of passengers on special occasions such as to and from fairs and religious 

gatherings, or  

(b) for the purposes of a seasonal business, or 

(c) to meet a particular temporary need, or 

(d) pending decision on an application for the renewal of a permit,  

and may attach to any such permit such condition as it may think fit: 

Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, 
in  the  case  of  goods  carriages,  under the circumstances  of an  exceptional nature,  and  for  reasons to be 
recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  a  temporary  permit  may  be  granted 

thereunder in respect of any route or area where— 

(i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect 
of that route or area by reason of an order of a court or other competent authority restraining the issue 
of  the  same,  for  a  period  not  exceeding  the  period  for  which  the  issue  of  the  permit  has  been  so 
restrained; or 

(ii)  as  a  result  of  the  suspension  by  a  court  or  other  competent  authority  of  the  permit  of  any 
vehicle in  respect  of that  route  or  area,  there is  no  transport  vehicle  of  the  same  class  with  a  valid 
permit in respect of that route or area, or there is no adequate number of such vehicles in respect of 
that route or area, for a period not exceeding the period of such suspension: 

Provided that the number of transport vehicles in respect of which temporary permits are so granted 
shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained 
or, as the case may be, the permit has been suspended. 

88.  Validation  of  permits  for  use  outside  region  in  which  granted.—(1)  Except  as  may  be 
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be 
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority 
of  that  other  rigion,  and  a  permit  granted  in  any  one  State  shall  not  be  valid  in  any  other  State  unless 
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority 
concerned: 

Provided  that  a  goods  carriage  permit,  granted  by  the  Regional  Transport  Authority  of  any  one 
region, for any area in any other region or regions within the same State shall be valid in that area without 
the  countersignature  of  the  Regional  Transport  Authority  of  the  other  region  or  of  each  of  the  other 
regions concerned: 

Provided further that where both the starting point and the terminal point of a route are situate within 
the same State, but part of such route lies in any other State and the length of such part does not exceed 
sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is 
in  that  other  State  notwithstanding  that  such  permit  has  not  been  countersigned  by  the  State  Transport 
Authority or the Regional Transport Authority of that other State: 

Provided also that— 

(a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes 
of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such 
Authority,  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  specify,  to  the 

59 

 
effect  that  the  vehicle  shall  be  used for  the  period specified therein  exclusively for the  purposes of 
defence; and 

(b)  any  such  permit  shall  be  valid  in  that  other  State  notwithstanding  that  such  permit  has  not 
been countersigned by the State Transport Authority or the Regional Transport Authority of that other 
State. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  a  permit  granted  or  countersigned  by  a 
State Transport Authority shall be valid in the whole State or in such regions within the State as may be 
specified in the permit. 

(3)  A  Regional  Transport  Authority  when  countersigning  the  permit  may  attach  to  the  permit  any 
condition which it might have imposed if it had granted the permit and may likewise vary any condition 
attached to the permit by the authority by which the permit was granted. 

(4) The  provisions  of  this Chapter  relating  to  the  grant,  revocation  and  suspension  of  permits  shall 

apply to the grant, revocation and suspension of countersignatures of permits: 

Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of 
countersignatures of permits, where the permits granted in any one State are required to be countersigned 
by the State Transport Authority of another State or by the Regional Transport Authority concerned as a 
result  of  any  agreement  arrived  at  between  the  States  after  complying  with  the  requirements  of  
sub-section (5). 

(5) Every proposal to enter into an agreement between the States to fix the number of permits which 
is proposed to be granted or countersigned in respect of each route or area, shall be published by each of 
the  State  Governments  concerned  in  the  Official  Gazette  and  in  any  one  or  more  of  the  newspapers  in 
regional language circulating in the area or route proposed to be covered by the agreement together with a 
notice of the date before which representations in connection therewith may be submitted, and the date 
not  being  less  than  thirty  days  from  the  date  of  publication  in  the  Official  Gazette,  on  which,  and  the 
authority  by  which,  and  the  time  and  place  at  which,  the  proposal  and  any  representation  received  in 
connection therewith will be considered. 

(6)  Every  agreement  arrived  at  between  the  States  shall,  in  so  far  as  it  relates  to  the  grant  of 
countersignature  of  permits,  be  published  by  each  of  the  State  Governments  concerned  in  the  Official 
Gazette and in any one or more of the newspapers in the regional language circulating in the area or route 
covered  by  the  agreement  and  the  State  Transport  Authority  of  the  State  and  the  Regional  Transport 
Authority concerned shall give effect to it. 

(7)  Notwithstanding  anything  contained  in  sub-section  (1),  a  Regional  Transport  Authority  of  one 
region  may  issue  a  temporary  permit  under  section  87  to  be  valid  in  another  region  or  State  with  the 
concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that 
other region or of the State Transport Authority of that other State, as the case may be. 

(8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made 
under this Act by the Central Government, the Regional Transport Authority of any one region or, as the 
case  may  be,  the  State  Transport  Authority,  may,  for  the  convenience  of  the  public,  1[grant  a  special 
permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 
(including  a  reserve  stage  carriage)  or  under  section  74  or  under  sub-section  (9)  of  this  section  for 
carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of 
the  vehicle  as  a  whole  without  stopping  to  pick  up  or  set  down  along  the  line  of  route  passengers  not 
included in the contract, and in every case where such special permit is granted, the Regional Transport 
Authority shall assign to the vehicle, for display thereon, a special distinguishing  mark in the form and 
manner specified by the Central Government and such special permit shall be valid in any other region or 
State without the countersignature of the Regional Transport Authority of the other region or of the State 
Transport Authority of the other State, as the case may be. 

1. Subs. by Act 54 of 1994, s. 27, for “grant a special permit in relation to a vehicle covered” (w.e.f. 14-11-1994). 

60 

 
                                                           
(9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made 
by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of 
promoting  tourism,  grant  permits  in  respect  of  tourist  vehicles  valid  for  the  whole  of  India,  or  in  such 
contiguous States not being less than three in number including the State in which the permit is issued as 
may  be  specified  in  such  permit  in  accordance  with  the  choice  indicated  in  the  application  and  the 
provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 861[clause (d) of sub-section (1) of section 87 and 
section 89] shall, as far as may be, apply in relation to such permits. 

2* 

* 

* 

* 

        * 

(11) The following shall be conditions of every permit granted under sub-section (9), namely:— 

(i)  every  motor  vehicle  in  respect  of  which  such  permit  is  granted  shall  conform  to  such 
description,  requirement  regarding  the  seating  capacity,  standards  of  comforts,  amenities  and  other 
matters, as the Central Government may specify in this behalf; 

(ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying 

such conditions as may be specified by the Central Government; and 

(iii) such other conditions as may be prescribed by the Central Government. 

(12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made 
by  the  Central  Government  under  sub-section  (14),  the  appropriate  authority  may,  for  the  purpose  of 
encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods 
carriages  and  the  provisions  of  sections  69,  77,  79,  80,  81,  82,  83,  84,  85,  86  1[clause  (d)  of  
sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of 
national permits. 

3* 

* 

* 

* 

        * 

(14) (a) The Central Government may make rules for carrying out the provisions of this section.  

(b)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); 

(ii) the fixation of the laden weight of the motor vehicle; 

(iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; 

(iv) the colour or colours in which the motor vehicle is to be painted; 

(v) such other matters as the appropriate authority shall consider in granting a national permit. 

Explanation.—In this section,— 

(a)  “appropriate  authority”,  in  relation  to  a  national  permit,  means  the  authority  which  is 

authorised under this Act to grant a goods carriage permit; 

(b) “authorisation fee” means the annual fee, not exceeding one thousand rupees, which may be 
charged  by  the  appropriate  authority  of  a  State  to  enable  a  motor  vehicle,  covered  by  the  permit 
referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or 
fees, if any, levied by the States concerned; 

(c) “national permit” means a permit granted by the appropriate authority to goods carriages to 
operate  throughout  the  territory  of  India  or  in  such  contiguous  States,  not  being  less  than  four  in 
number,  including  the  State  in  which  the  permit  is  issued  as  may  be  specified  in  such  permit  in 
accordance with the choice indicated in the application. 

1. Subs. by Act 54 of 1994, s. 27 for “and 89” (w.e.f. 14-11-1994). 
2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 
3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 

61 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[88A. Power of Central Government to make schemes for national, multimodal and inter-State 
transport  of  passengers  and  goods.—(1)  Notwithstanding  anything  contained  in  this  Act,  the  Central 
Government  may,  by  notification  in  the  Official  Gazette,  modify  any  permit  issued  under  this  Act  or 
make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or 
modify licences under, such scheme for the following purposes, namely:— 

(a) last mile connectivity; 

(b) rural transport; 

(c) improving the movement of freight, and logistics; 

(d) better utilisation of transportation assets; 

(e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, 

productivity and efficiency; 

(f) the increase in the accessibility and mobility of people; 

(g) the protection and enhancement of the environment; 

(h) the promotion of energy conservation; 

(i) improvement of the quality of life; 

(j)  enhancement  of  the  integration  and  connectivity  of  the  transportation  system,  across  and 

between modes of transport; and 

(k) such other matters as the Central Government may deem fit: 

Provided  that  the  Central  Government  may,  before  taking  any  action  under  this  sub-section  seek 

concurrence of the State Governments. 

(2) Notwithstanding anything contained in sub-section (1), two or more States may make schemes for 

the operation within such States for the inter-State transportation of goods or passengers: 

Provided that in the event of any repugnancy between the schemes made by the Central Government 
under sub-section (1) and schemes made by two or more States under this sub-section, the schemes made 
under sub-section (1) shall prevail.] 

89. Appeals.—(1) Any person— 

(a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by 

any condition attached to a permit granted to him, or 

(b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions 

thereof, or 

(c) aggrieved by the refusal to transfer the permit under section 82, or 

(d)  aggrieved  by  the  refusal  of  the  State  or  a  Regional  Transport  Authority  to  countersign  a 

permit, or by any condition attached to such countersignature, or 

(e) aggrieved by the refusal of renewal of a permit, or  

(f) aggrieved by the refusal to grant permission under section 83, or 

(g) aggrieved by any other order which may be prescribed,  

may,  within  the  prescribed  time  and  in  the  prescribed  manner,  appeal  to  the  State  Transport  Appellate 
Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority 
an opportunity of being heard, give a decision thereon which shall be final. 

2[(2) The State Government shall constitute such number of  Transport Appellate Tribunals as 
it  thinks  fit  and  each  such  Tribunal  shall  consist  of  a  judicial  officer  who  is  not  below  the  rank  of  a 

1. Ins. by Act 32 of 2019, s. 34 (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1994, s. 28, for sub-section (2) (w.e.f. 14-11-1994). 

62 

 
                                                           
District Judge or who is qualified to  be a Judge of the High Court and it shall exercise jurisdiction 
within such area as may be notified by that Government.] 

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at 
the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not 
been passed. 

Explanation.—For the removal of doubts, it is hereby declared that when any order is made by the 
State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the 
Inter-State  Transport  Commission  under  clause  (c)  of  sub-section  (2)  of  section  63A  of  the  Motor 
Vehicles Act, 1939  (4 of 1939),as it stood immediately  before the commencement of this Act, and any 
person feels aggrieved by such order on the ground that it is not in consonance with such direction, he 
may  appeal  under  sub-section  (1)  to  the  State  Transport  Appellate  Tribunal  against  such  order  but  not 
against the direction so issued. 

90. Revision.—The State Transport Appellate Tribunal may, on an application made to it, call for the 
record of any case in which an order has been made by a State Transport Authority or Regional Transport 
Authority  against  which  no  appeal  lies,  and  if  it  appears  to  the  State  Transport  Authority  Appellate 
Tribunal  that  the  order  made  by  the  State  Transport  Authority  or  Regional  Transport  Authority  is 
improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it 
deems fit and every such order shall be final: 

Provided that the State Transport Appellate Tribunal shall not entertain any application from a person 
aggrieved  by  an  order  of  a  State  Transport  Authority  or  Regional  Transport  Authority,  unless  the 
application is made within thirty days from the date of the order: 

Provided  further that  the  State Transport  Appellate Tribunal  may  entertain  the  application after the 
expiry  of  the  said  period  of  thirty  days,  if  it  is  satisfied  that  the  applicant  was  prevented  by  good  and 
sufficient cause from making the application in time: 

Provided also that the State Transport Appellate Tribunal shall not pass an order under this section 

prejudicial to any person without giving him a reasonable opportunity of being heard. 

91. Restriction of hours of work of drivers.—1[(1) The hours of work of any person engaged for 
operating  a  transport  vehicle  shall  be  such  as  provided  in  the  Motor  Transport  Workers  Act,  1961  
(27 of 1961).] 

(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the 
provisions  of  sub-section  (1)  as  it  thinks  fit,  to  meet  cases  of  emergency  or  of  delays  by  reason  of 
circumstances which could not be foreseen. 

(3) A State Government or, if authorised in this behalf by the State Government by rules made under 
section 96, the State or a Regional Transport Authority may require persons employing any person whose 
work is subject to any of the provisions of sub-section (1) to fix beforehand the hours  of work of such 
persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. 

(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or 

recorded for the work of such persons under sub-section (3). 

(5) A State Government may prescribe the circumstances under which and the period during which 
the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be 
deemed to be an interval for rest within the meaning of sub-section (1).  

92. Voidance of contracts restrictive of liability.—Any contract for the conveyance of a passenger 
in a 2[transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall, 
so far as it purports to negative or restrict the liability of any person in respect of any claim made against 
that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or 

1. Subs. by Act 54 of 1994, s. 29, for sub-section (1) (w.e.f. 14-11-1994). 
2. Subs. by Act 32 of 2019, s. 35, for “stage carriage or contract carriage, in respect of which a permit” (w.e.f. 1-9-2019). 

63 

 
                                                           
alighting from the vehicle, or purports to impose any conditions with respect to the enforcement  of any 
such liability, be void. 

93. 1[Agent or canvasser or aggregator to obtain licence.]— (1) No person shall engage himself— 

(i)  as  an  agent  or  a  canvasser,  in  the  sale  of  tickets  for  travel  by  public  service  vehicles  or  in 

otherwise soliciting custom for such vehicles, or 

(ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods 

carriages,  

2[(iii) as an aggregator,] 

unless he has obtained a licence from such authority and subject to such conditions as may be prescribed 
by the State Government. 

2[Provided that while issuing the licence to an aggregator the State Government may follow such 

guidelines as may be issued by the Central Government:  

Provided  further  that  every  aggregator  shall  comply  with  the  provisions  of  the  Information 

Technology Act, 2000 (21 of 2000) and the rules and regulations made thereunder.] 

(2)  The  conditions  referred  to  in  sub-section  (1)  may  include  all  or  any  of  the  following  matters, 

namely:— 

(a) the period for which a licence may be granted or renewed; 

(b) the fee payable for the issue or renewal of the licence; 

(c) the deposit of security— 

(i)  of  a  sum  not  exceeding  rupees  fifty  thousand  in  the  case  of  an  agent  in  the  business  of 

collecting, forwarding or distributing goods carried by goods carriages; 

(ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, 

and the circumstances under which the security may be forfeited; 

(d) the provision by the agent of insurance of goods in transit; 

(e) the authority by which and the circumstances under which the licence may be suspended or 

revoked; 

(f) such other conditions as may be prescribed by the State Government. 

(3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted 
shall  advertise  in  any  newspaper,  book,  list,  classified  directory  or  other  publication  unless  there  is 
contained  in  such  advertisement  appearing  in  such  newspapers,  book,  list,  classified  directory  or  other 
publication  the  licence  number,  the  date  of  expiry  of  licence  and  the  particulars  of the authority  which 
granted the licence. 

94.  Bar  on  jurisdiction  of  Civil  Courts.—No  Civil  Court  shall  have  jurisdiction  to  entertain  any 
question  relating  to  the  grant  of  a permit  3[or  licence  issued  under  any  scheme] under  this  Act, and  no 
injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act 
with regard to the  grant  of  a  permit  3[or licence  issued  under  any  scheme],  shall  be  entertained  by  any 
Civil Court. 

95. Power of State Government to make rules as to stage carriages and contract carriages.—(1) 
A State Government may make rules to regulate, in respect of stage carriages and contract carriages and 
the conduct of passengers in such vehicles. 

(2) Without prejudice to the generality of the foregoing provision, such rules may— 

1. Subs. by Act 32 of 2019, s. 36, for the marginal heading “Agent or canvasser to obtain licence” (w.e.f. 27-11-2020). 
2. Ins. by s. 36, ibid., (w.e.f. 27-11-2020). 
3. Ins. by Act 32 of 2019, s. 37 (w.e.f. 1-9-2019). 

64 

 
                                                           
(a) authorise the removal from such vehicle of any person contravening the rules by the driver or 
conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police 
officer; 

(b) require a passenger who is reasonably suspected by the driver or conductor of contravening 

the rules to give his name and address to a police officer or to the driver or conductor on demand; 

(c)  require  a  passenger  to  declare,  if  so  demanded  by  the  driver  or  conductor,  the  journey  he 
intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to 
accept any ticket issued therefor; 

(d)  require,  on  demand  being  made  for  the  purpose  by  the  driver  or  conductor  or  other  person 
authorised by the owners of the vehicle, production during the journey and surrender at the end of the 
journey by the holder thereof of any ticket issued to him; 

(e)  require  a  passenger,  if  so  requested  by  the  driver  or  conductor,  to  leave  the  vehicle  on  the 

completion of the journey the fare for which he has paid; 

(f) require the surrender by the holder thereof on the expiry of the period for which it is issued of 

a ticket issued to him; 

(g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with 
the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause 
injury or discomfort to any other passenger; 

(h)  require  a  passenger  not  to  smoke  in  any  vehicle  on  which  a  notice  prohibiting  smoking  is 

exhibited; 

(i)  require  the  maintenance  of  complaint  books  in  stage  carriages  and  prescribe  the  conditions 

under which passengers can record any complaints in the same. 

96.  Power  of  State  Government  to  make  rules  for  the  purposes  of  this  Chapter.—(1)  A  State 

Government may make rules for the purpose of carrying into effect the provisions of this Chapter. 

(2) Without prejudice to the generality of the foregoing power, rules under this section may be made 

with respect to all or any of the following matters, namely:— 

(i)  the  period  of  appointment  and  the  terms  of  appointment  of  and  the  conduct  of  business  by 

Regional and State Transport Authorities and the reports to be furnished by them; 

(ii) the conduct of business by any such authority in the absence of any member (including the 
Chairman) thereof and the nature of business which, the circumstances under which and the manner 
in which, business could be so conducted; 

(iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be 

paid in respect of such appeals and the refund of such fees; 

(iv) the forms to be used for the purposes of this Chapter, including the forms of permits; 

(v) the issue of copies of permits in place of permits lost, destroyed or multilated; 

(vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they 

are to be carried and the languages in which any such documents are to be expressed; 

(vii) the fees to be paid in respect of applications for permits, duplicate permits and plates; 

(viii) the exemption of prescribed persons or prescribed classes of persons from payment of all or 

any or any portion of the fees payable under this Chapter; 

(ix)  the  custody,  production  and  cancellation  on  revocation  or  expiration  of  permits,  and  the 

return of permits which have been cancelled; 

(x)  the  conditions  subject  to  which,  and  the  extent  to  which,  a  permit  granted  in  another  State 

shall be valid in the State without countersignature; 

65 

 
(xi) the conditions subject to which, and the extent to which, a permit granted in one region shall 

be valid in another region within the State without countersignature; 

(xii) the  conditions to  be  attached to  permits  for  the purpose  of  giving  effect to  any  agreement 

such as is referred to in clause (iii) of sub-section (1) of section 67; 

(xiii)  the  authorities to  whom,  the  time  within  which  and  the  manner  in  which appeals  may  be 

made; 

(xiv)  the  construction  and  fittings  of,  and  the  equipment  to  be  carried  by,  stage  and  contract 

carriage, whether generally or in specified areas; 

(xv) the determination of the number of passengers a stage or contract carriage is adapted to carry 

and the number which may be carried; 

(xvi) the conditions subject to which goods may be carried on stage and contract carriages partly 

or wholly in lieu of passengers; 

(xvii) the safe custody and disposal of property left in a stage or contract carriage; 

(xviii)  regulating  the  painting  or  marking  of  transport  vehicles  and  the  display  of  advertising 
matter  thereon,  and  in  particular  prohibiting  the  painting  or  marking  of  transport  vehicles  in  such 
colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; 

(xix)  the  conveyance  in  stage  or  contract  carriages  of  corpses  or  persons  suffering  from  any 
infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the 
inspection and disinfection of such carriage; if used for such purposes; 

(xx) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters 

to be used and examining testing and sealing taxi meters; 

(xxi)  prohibiting  the  picking  up  or  setting  down  of  passengers  by  stage  or  contract  carriages  at 
specified places or in specified areas or at places other than duly notified stands or halting places and 
requiring the driver of a stage carriage to stop and remain stationary for a reasonable time  when so 
required by a passenger desiring to board or alight from the vehicle at a notified halting place; 

(xxii)  the  requirements  which  shall  be  complied  with  in  the  construction  or  use  of  any  duly 
notified  stand  or  halting  place,  including  the  provision  of  adequate  equipment  and  facilities  for  the 
convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, 
the records which shall be maintained at such stands or places, the staff to be employed thereat, and 
the  duties  and  conduct  of  such  staff,  and  generally  for  maintaining  such  stands  and  places  in  a 
serviceable and clean condition; 

(xxiii) the regulation of motor cab ranks; 

(xxiv) requiring the owners of transport vehicles to notify any change of address or to report the 

failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; 

(xxv) authorising specified persons to enter at all reasonable times and inspect all premises used 

by permit holders for the purposes of their business; 

(xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or 

customary fare; 

(xxvii)  the  conditions  under  which  and  the  types  of  containers  or  vehicles  in  which  animals  or 

birds may be carried and the seasons during which animals or birds may or may not be carried; 

(xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in 

the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; 

(xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing 

goods carried by goods carriages; 

(xxx) the inspection of transport vehicles and their contents and of the permits relating to them; 
(xxxi) the carriage of persons other than the driver in goods carriages; 

66 

 
(xxxii)  the  records  to  be  maintained  and  the  returns  to  be  furnished  by  the  owners  of  transport 

vehicles; and 

1[(xxxiia) framing of schemes under sub-section (3) of section 67; 
(xxxiib)  the  promotion  of  effective  competition,  passenger  convenience  and  safety,  competitive 

fares and prevention of overcrowding;] 

(xxxiii) any other matter which is to be or may be prescribed. 

CHAPTER VI 

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 

97.  Definition.—In  this  Chapter,  unless  the  context  otherwise  requires,  “road  transport  service” 

means a service of motor vehicles carrying passengers or goods or both by road for hire or reward. 

98. Chapter to override Chapter V and other laws.—The provisions of this Chapter and the rules 
and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained 
in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of 
any such law. 

99.  Preparation  and  publication  of  proposal  regarding  road  transport  service  of  a  State 
transport  undertaking.—2[(1)]  Where  any  State  Government  is  of  opinion  that  for  the  purpose  of 
providing  an  efficient,  adequate,  economical  and  properly  co-ordinated  road  transport  service,  it  is 
necessary  in  the  public  interest  that  road  transport  services  in  general  or  any  particular  class  of  such 
service in relation to any area or route or portion thereof should be run and operated by the State transport 
undertaking,  whether  to  the  exclusion,  complete  or  partial,  of  other  persons  or  otherwise,  the  State 
Government may formulate a proposal regarding a scheme giving particulars of the nature of the services 
proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting 
thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and 
in  not  less  than  one  newspaper in the  regional language  circulating  in  the  area or  route  proposed  to  be 
covered  by  such  scheme  and  also  in  such  other  manner  as  the  State  Government  formulating  such 
proposal deem fit. 

3[(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that 
sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, 
except a temporary permit during the pendency of the proposal and such temporary permit shall be valid 
only for a period of one year from the date of its issue of till the date of final publication of the scheme 
under section 100, whichever is earlier.] 

100. Objection to the proposal.—(1) On the publication of any proposal regarding a scheme in the 
Official  Gazette  and  in  not  less  than  one  newspaper  in  the  regional  language  circulating  in  the  area  or 
route  which  is  to  be  covered  by  such  proposal  any  person  may,  within  thirty  days  from  the  date  of  its 
publication in the Official Gazette, file objections to it before the State Government. 

(2) The State Government may, after considering the objections and after giving an opportunity to the 
objector or his representatives and the representatives of the State transport undertaking to be heard in the 
matter, if they so desire, approve or modify such proposal. 

(3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be 
published in the Official Gazette by the State Government making such scheme and in not less than one 
newspaper in the regional language circulating in the area or route covered by such scheme and the same 
shall thereupon become final on the date of its publication in the Official Gazette and shall be called the 
approved  scheme  and  the  area  or  route  to  which  it  relates  shall  be  called  the  notified  area  or  notified 
route: 

1. Ins. by Act 32 of 2019, s. 38 (w.e.f. 1-9-2019). 
2. Section 99 renumbered as sub-section (1) thereof by Act of 54 of 1994, s. 30 (w.e.f. 14-11-1994). 
3. Ins. by s. 30, ibid. (w.e.f. 14-11-1994). 

67 

 
                                                           
Provided  that  no  such  scheme  which  relates  to  any  inter-State  route  shall  be  deemed  to  be  an 

approved scheme unless it has the previous approval of the Central Government. 

(4)  Notwithstanding  anything  contained  in  this  section,  where  a  scheme  is  not  published  as  an 
approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date 
of  publication  of  the  proposal  regarding  the  scheme  in  the  Official  Gazette  under  sub-section  (1),  the 
proposal shall be deemed to have lapsed. 

Explanation.—In  computing  the  period  of  one  year  referred  to  in  this  sub-section,  any  period  or 
periods  during  which  the  publication  of  the  approved  scheme  under  sub-section  (3)  was  held  up  on 
account of any stay or injunction by the order of any court shall be excluded. 

101.  Operation  of  additional  services  by  a  State  transport  undertaking 

in  certain 
circumstances.—Notwithstanding anything contained in section 87, a State transport undertaking may, in 
the public interest operate additional services for the conveyance of the passengers  on special occasions 
such as to and from fairs and religious gatherings: 

Provided  that  the  State  transport  undertaking  shall  inform  about  the  operation  of  such  additional 

services to the concerned Transport Authority without delay. 

102.  Cancellation  or  modification  of  scheme.—(1)  The  State  Government  may,  at  any  time,  if  it 

considers necessary, in the public interest so to do, modify any approved scheme after giving— 

(i) the State transport undertaking; and 
(ii) any other person who, in the opinion of the State Government, is likely to be affected by the 

proposed modification, 

an opportunity of being heard in respect of the proposed modification. 

(2)  The  State  Government  shall  publish  any  modification  proposed  under  sub-section  (1)  in  the 
Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it 
is  proposed  to  be  covered  by  such  modification,  together  with  the  date,  not  being  less  than  thirty  days 
from such publication in the Official Gazette, and the time and place at which any representation received 
in this behalf will be heard by the State Government. 

103. Issue of permits to State transport undertakings.—(1) Where, in pursuance of an approved 
scheme,  any  State  transport  undertaking  applies  in  such  manner  as  may  be  prescribed  by  the  State 
Government  in  this  behalf for  a  stage  carriage  permit  or  a  goods  carriage  permit  or a  contract carriage 
permit in respect of a notified area or notified route, the State Transport Authority in any case where the 
said  area  or  route lies in more  than  one  region and the  Regional Transport  Authority in any  other case 
shall  issue  such  permit  to  the  State  transport  undertaking,  notwithstanding  anything  to  the  contrary 
contained in Chapter V. 

(2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified 
route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned 
may, by order,— 

(a) refuse to entertain any application for the grant or renewal of any other permit or reject any 

such application as may be pending; 
(b) cancel any existing permit; 
(c) modify the terms of any existing permit so as to— 

(i) render the permit ineffective beyond a specified date; 
(ii) reduce the number of vehicles authorised to be used under the permit; 
(iii)  curtail  the  area  or  route  covered  by  the  permit  in  so  far  as  such  permit  relates  to  the 

notified area or notified route. 

(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or 
order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) 
or sub-section (2). 

STATE AMENDMENTS 

Karnataka 

Amendment  of  section  103.—In  section  103  of  the  Motor  Vehicles  Act,  1988  (Central  Act  59  of 

1988), after sub-section (1), the following shall be inserted, namely:— 

68 

 
“(1A) It shall be lawful for the State Transport undertaking to operate on any route as stage carriage 
under  any  permit  issued  therefor  to  such  undertaking  under  sub-section  (1),  any  vehicle  placed  at  the 
disposal and under the control of such undertaking by the owner of such vehicle under any arrangement 
entered into between such owner and the undertaking for the use of the said vehicle by the undertaking.] 

[Vide Karnataka Act 11 of 1996, sec. 2]. 
104.  Restriction  on  grant  of  permits  in  respect  of  a  notified  area  or  notified  route.—Where  a 
scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified 
route, the  State Transport Authority  or the  Regional Transport  Authority,  as the  case  may  be,  shall  not 
grant any permit except in accordance with the provisions of the scheme: 

Provided that where no application for a permit has been made by the State transport undertaking in 
respect  of  any  notified  area  or  notified  route  in  pursuance  of  an  approved  scheme,  the  State  Transport 
Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any 
person  in  respect  of  such  notified  area  or  notified  route  subject  to  the  condition  that  such  permit  shall 
cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or 
route.  

105. Principles and method of determining compensation and payment thereof.—(1) Where, in 
exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing 
permit  is  cancelled  or  the  terms  thereof  are  modified,  there  shall  be  paid  by  the  State  transport 
undertaking  to  the  holder  of  the  permit,  compensation,  the  amount  of  which  shall  be  determined  in 
accordance with the provisions of sub-section (4) or sub-section (5), as the case may be. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  no  compensation  shall  be  payable  on 
account of the cancellation of any existing permit or any modification of the terms thereof, when a permit 
for  an  alternative route  or area  in lieu thereof  has  been  offered  by  the  State Transport  Authority  or  the 
Regional Transport Authority, as the case may be and accepted by the holder of the permit. 

(3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account 

of the refusal to renew a permit under clause (a) of sub-section (2) of section 103. 

 (4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of 
clause  (c)  of  sub-section  (2)  of  section  103,  any  existing  permit  is  cancelled  or  the  terms  thereof  are 
modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder 
for  the  full  period  from  which  the  permit,  would  otherwise  have  been  effective,  the  compensation 
payableto the holder of the permit for each vehicle affected by such cancellation or modification shall be 
computed as follows:— 

(a) 

(b) 

for every complete month or part of a month exceeding 
fifteen days of the unexpired period of the permit 

for part of a month not exceeding fifteen days of the 
unexpired period of the permit 

Two hundred rupees;                                                                                                          

One hundred rupees: 

Provided that the amount of compensation shall, in no case, be less than four hundred rupees. 
(5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of 
section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle 
authorised to be used thereunder, the compensation payable to the holder of the permit on account of such 
curtailment shall be an amount computed in accordance with the following formula, namely:— 

YA 
R 

Explanation.—In this formula,— 

(i) “Y” means the length or area by which the route or area covered by the permit is curtailed; 
(ii) “A” means the amount computed in accordance with sub-section (4); 
(iii) “R” means the total length of the route or the total area covered by the permit. 

(6)  The  amount  of  compensation  payable  under  this  section  shall  be  paid  by  the  State  transport 
undertaking  to  the  person  or  persons  entitled  thereto  within  one  month  from  the  date  on  which  the 
cancellation or modification of the permit becomes effective: 

69 

 
 
                                            
 
Provided that where the State transport undertaking fails to make the payment within the said period 
of one month, it shall pay interest at the rate of seven per cent. per annum from the date on which it falls 
due. 

106.  Disposal  of  article  found  in  vehicles.—Where  any  article  found  in  any  transport  vehicle 
operated by the State transport undertaking is not claimed by its owner within the prescribed period, the 
State  transport undertaking  may  sell  the  article in the  prescribed  manner  and the  sale  proceeds  thereof, 
after deducting the costs incidental to sale, shall be paid to the owner on demand. 

107. Power of State Government to make rules.—(1) The State Government may  make rules for 

the purpose of carrying into effect the provisions of this Chapter. 

(2)  Inparticular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form in which any proposal regarding a scheme may be published under section 99; 
(b) the manner in which objections may be filed under sub-section (1) of section 100; 
(c) the manner in which objections may be considered and disposed of under  sub-section (2) of 

section 100; 

(d)  the  form  in  which  any  approved  scheme  may  be  published  under  sub-section  (3)  of  

section 100;  

(e) the manner in which application under sub-section (1) of section 103 may be made; 
(f) the period within which the owner may claim any article found left in any transport vehicle 

under section 106 and the manner of sale of such article; 

(g) the manner of service of orders under this Chapter; 
(h) any other matter which has to be, or may be, prescribed. 

108. Certain powers of State Government exercisable by the Central Government.—The powers 
conferred  on  the  State  Government  under  this  Chapter  shall,  in  relation  to  a  corporation  or  company 
owned  or  controlled  by  the  Central  Government  or  by  the  Central  Government  and  one  or  more  State 
Governments, be exercisable only by the Central Government in relation to an inter-State route or area. 

CHAPTER VII 
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 

109.  General  provision  regarding  construction  and  maintenance  of  vehicles.—(1)  Every  motor 
vehicle shall be so constructed and so maintained as to be at all times under the effective control of the 
person driving the vehicle. 

(2)  Every  motor  vehicle  shall  be  so  constructed  as  to  have  right  hand  steering  control  unless  it  is 

equipped with a mechanical or electrical signalling device of a prescribed nature. 

1[(3) If the Central Government is of the opinion that it is necessary or expedient so to do 
in  the  public  interest,  it  may  by  order  published in the Official Gazette, notify that any article or 
process used by a manufacturer shall conform to such standard as may be specified in that order.] 

110. Power of Central Government to make rules.—(1) The Central Government may make rules 
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all 
or any of the following matters, namely:— 

(a) the width, height, length and overhang of vehicles and of the loads carried; 
2[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon 

of date and year of manufacture and the maximum load carrying capacity;] 

(c) brakes and steering gear; 
(d) the use of safety glasses including prohibition of the use of tinted safety glasses; 
(e) signalling appliances, lamps and reflectors; 
(f) speed governors; 

1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994). 
2. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994). 

70 

 
                                                           
(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; 

(h) the reduction of noise emitted by or caused by vehicles; 

(i) the embossment of chassis number and engine number and the date of manufacture; 

(j)  safety  belts,  handle  bars  of  motor  cycles,  auto-dippers  and  other  equipments  essential  for 

safety of drivers, passengers and other road users; 

(k)  standards  of  the  components  1[including  software]  used  in  the  vehicle  as  inbuilt  safety 

devices; 

(l) provision for transportation of goods of dangerous or hazardous nature to human life; 

(m) standardsfor emission of air pollutants; 

2[(n) installation of catalytic convertors in the class of vehicles to be prescribed; 

(o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; 

(p) warranty after sale of vehicle and norms therefor:] 

Provided that any rules relating to the matters dealing with the protection of environment, so far as 
may  be,  shall  be  made  after  consultation  with  the  Ministry  of  the  Government  of  India  dealing  with 
environment. 

(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the 
manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of 
such  matters, either  generally  in  respect  of  motor  vehicles  or  trailers  or  in respect of  motor  vehicles  or 
trailers of a particular class or in particular circumstances  1[and such rules may lay down the procedure 
for  investigation,  the  officers  empowered  to  conduct  such  investigations,  the  procedure  for  hearing  of 
such matters and the penalties to be levied thereunder.] 

1[(2A)  Persons  empowered  under  sub-section  (2)  to  conduct  investigations  referred  to  in                 

sub-section  (2)  shall  have  all  the  powers  of  a  civil  court,  while  trying  a  suit  under  the  Code  of  Civil 
Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath;  

(b) requiring the discovery and production of any document;  

(c) receiving evidence on affidavit; and  

(d) any other matter as may be prescribed.] 

(3) Notwithstanding anything contained in this section,— 

(a) the Central Government may exempt any class of motor vehicles from the provisions of this 

Chapter; 

(b)  a  State  Government  may  exempt  any  motor  vehicle  or  any  class  or  description  of  motor 
vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by 
the Central Government. 

3[110A.  Recall  of  motor  vehicles.—(1)  The  Central  Government  may,  by  order,  direct  a 

manufacturer to recall motor vehicles of a particular type or its variants, if— 

(a) a defect in that particular type of motor vehicle may cause harm to the environment or to the 

driver or occupants of such motor vehicle or other road users; and 

(b) a defect in that particular type of motor vehicle has been reported to the Central Government 

by— 

1. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 
2. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1-4-2021). 

71 

 
                                                           
(i) such percentage of owners, as the Central Government, may by notification in the Official 

Gazette, specify; or 

(ii) a testing agency; or 

(iii) any other source. 

(2)  Where  the  defect  referred  to  in  sub-section  (1)  lies  in  a  motor  vehicle  component,  the  Central 
Government  may,  by  order,  direct  a  manufacturer  to  recall  all  motor  vehicles  which  contain  such 
component, regardless of the type or variants of such motor vehicle. 

(3) A manufacturer whose vehicles are recalled under sub-section (1) or sub-section (2), shall— 

(a)  reimburse  the  buyers  for  the  full  cost  of  the  motor  vehicle,  subject  to  any  hire-purchase  or 

lease-hypothecation agreement; or 

(b)  replace  the  defective  motor  vehicle  with  another  motor  vehicle  of  similar  or  better 

specifications which complies with the standards specified under this Act or repair it; and 

(c) pay such fines and other dues in accordance with sub-section (6). 

(4) Where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform 
the Central Government of the defect and initiate recall proceedings and in such case the manufacturer 
shall not be liable to pay fine under sub-section (3). 

(5)  The  Central  Government  may  authorise  any  officer  to  conduct  investigation  under  this  section 
who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 
(5 of 1908) in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) receiving evidence on affidavit; and 

(d) any other matter as may be prescribed. 

(6)  The  Central  Government  may  make  rules  for  regulating  the  recall  of  motor  vehicles,  of  a 
particular type or its variants, for any defect which in the opinion of the Central Government, may cause 
harm to the environment or to the driver or occupants of such motor vehicle or to other road users. 

110B. Type approval certificate and testing agencies.— (1) No motor vehicle, including a trailer or 
semi-trailer  or  modular  hydraulic  trailer  or  side  car  shall  be  sold  or  delivered  or  offered  for  sale  or 
delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) 
has been issued in respect of such vehicle: 

Provided  that  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  extend  the 
requirement  of  type-approval  certificate  to  other  vehicles  drawn  or  intended  to  be  drawn  by  a  motor 
vehicle: 

Provided further that such certificate shall not be required for vehicles which are— 

(a) intended for export or display or demonstration or exhibition; or 

(b)  used  by  a  manufacturer  of  motor  vehicles  or  motor  vehicle  components  or  a  research  and 
development centre or a test by agency for testing and validation or for data collection, inside factory 
premises or in a non-public place; or 

(c) exempted by the Central Government. 

(2)  The  manufacturer  or  importer  of  motor  vehicles  including  trailers,  semi-trailers,  modular 
hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported 
for test to a testing agency for obtaining a type-approval certificate by such agency. 

(3)  The  Central  Government  shall  make  rules  for  the  accreditation,  registration  and  regulation  of 

testing agencies. 

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(4)  The  testing  agencies  shall  conduct  tests  on  vehicles  drawn  from  the  production  line  of  the 
manufacturer  or  obtained  otherwise  to  verify  the  conformity  of  such  vehicles  to  the  provisions  of  this 
Chapter and the rules and regulations made thereunder. 

(5)  Where  the  motor  vehicle  having  a  type-approval  certificate  is  recalled  under  section  110A,  the 
testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and 
registration to be cancelled.] 

111.  Power  of  State  Government  to  make  rules.—(1)  A  State  Government  may  make  rules 
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all 
matters other than the matters specified in sub-section (1) of section 110. 

(2) Without prejudice to the generality of the foregoing power, rules may be made under this section 
governing all or any of the following matters either generally in respect of motor vehicles or trailers or in 
respect  of  motor  vehicles  or  trailers  of  a  particular  class  or  description  or  in  particular  circumstances, 
namely:— 

(a) seating arrangements in public service vehicles and the protection of passengers against the 

weather; 

(b) prohibiting or restricting the use of audible signals at certain times or in certain places; 

(c) prohibiting the carrying of appliances likely to cause annoyance or danger; 

(d)  the  periodical  testing  and  inspection  of  vehicles  by  prescribed  authorities  1[and  fees  to  be 

charged for such test]; 

(e)  the  particulars  other  than  registration  marks  to  be  exhibited  by  vehicles  and  the  manner  in 

which they shall be exhibited; 

(f) the use of trailers with motor vehicles; and 

2* 

* 

* 

* 

     * 

CHAPTER VIII 

CONTROL OF TRAFFIC 

112. Limits of speed.—(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to 
be  driven  in  any  public  place  at  a  speed  exceeding  the  maximum  speed  or  below  the  minimum  speed 
fixed for the vehicle under this Act or by or under any other law for the time being in force: 

Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle 
or  class  or  description  of  motor  vehicles  by  the  Central  Government  by  notification  in  the  Official 
Gazette. 

(2) The State Government or any authority authorised in this behalf by the State Government may, if 
satisfied  that  it  is  necessary  to  restrict  the  speed  of  motor  vehicles  in  the  interest  of  public  safety  or 
convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by 
causing  appropriate  traffic  signs  to  be  placed  or  erected  under  section  116  at  suitable  places,  fix  such 
maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class 
or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in 
a particular area or on a particular road or roads: 

Provided  that  no  such  notification  is  necessary  if  any  restriction  under  this  section  is  to  remain  in 

force for not more than one month. 

(3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used 
in the execution of military manoeuvres within the area and during the period specified in the notification 
under  sub-section  (1)  of  section  2  of  the  Manoeuvres,  Field  Firing  and  Artillery  Practice  Act,  1938  
(5 of 1938). 

1. Ins. by s. 33, Act 54 of 1994 (w.e.f. 14-11-1994). 
2. Clause (g) omitted by s. 33, ibid. (w.e.f. 14-11-1994). 

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113.  Limits  of  weight  and  limitations  on  use.—(1)  The  State  Government  may  prescribe  the 
conditions for the issue of permits for 1[transport vehicles] by the State or Regional Transport Authorities 
and may prohibit or restrict the use of such vehicles in any area or route. 

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any 

public place any motor vehicle which is not fitted with pneumatic tyres. 

(3)  No  person  shall  drive  or  cause  or  allow  to  be  driven  in  any  public  place  any  motor  vehicle  or 

trailer— 

(a)  the  unladen  weight  of  which  exceeds  the  unladen  weight  specified  in  the  certificate  of 

registration of the vehicle, or 

(b)  the  laden  weight  of  which  exceeds  the  gross  vehicle  weight  specified  in  the  certificate  of 

registration. 

(4)  Where  the  driver  or  person  in  charge  of  a  motor  vehicle  or  trailer  driven  in  contravention  of  
sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence 
was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer. 

114. Power to have vehicle weighed.—(1) 2[Any officer of the Motor Vehicles Department 3[or any 
other person authorised in this behalf by the State  Government] shall, if he has reason to believe that a 
goods  vehicle  or trailor is being  used  in  contravention  of  section  113]  require  the  driver to  convey  the 
vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward 
route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if 
on  such  weighment  the  vehicle  is  found  to  contravene  in  any  respect  the  provisions  of  section  113 
regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own 
risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the 
vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such 
notice, the driver shall comply with such directions. 

(2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also 
endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of 
such endorsement to the authority which issued that permit. 

115. Power to restrict  the  use  of  vehicles.—The  State  Government  or  any  authority  authorised  in 
this  behalf  by  the  State  Government,  if  satisfied  that  it  is  necessary  in  the  interest  of  public  safety  or 
convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, 
prohibit  or  restrict,  subject  to  such  exceptions  and  conditions  as  may  be  specified  in  notification,  the 
driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers 
either generally in a specified area or on a specified road and when any such prohibition or restriction is 
imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: 

Provided that where any prohibition or restriction under this section is to remain in force for not more 
than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity 
as the circumstances may permit, shall be given of such prohibition or restriction. 

116. Power to erect traffic signs.—(1) (a) The State Government or any authority authorised in this 
behalf by the State Government may cause or permit traffic signs to be placed or erected in any public 
place  for  the  purpose  of  bringing  to  public  notice  any  speed  limits  fixed  under  sub-section  (2)  of  
section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of 
regulating motor vehicle traffic. 

(b) A State Government or any authority authorised in this behalf by the State Government may, by 
notification  in  the  Official  Gazette  or  by  the  erection  at  suitable  places  of  the  appropriate  traffic  sign 
referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving 
regulations made by the Central Government. 

1. Subs. by Act 54 of 1994, s. 34, for “heavy goods vehicles or heavy passenger motor vehicles” (w.e.f. 14-11-1994). 
2. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14-11-1994). 
3. Subs. by Act 32 of 2019, s. 41, for “authorised in this behalf by the State Government” (w.e.f. 1-9-2019). 

74 

 
                                                           
1[(1A)  Notwithstanding  anything  contained  in  sub-section  (1),  the  National  Highways  Authority  of 
India  constituted  under the  National  Highways  Authority  of  India  Act,  1988  (68  of  1988)  or  any  other 
agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First 
Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor 
vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as 
to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is 
likely to distract the attention or concentration of the driver: 

Provided that  for the  purposes  of this  sub-section, the  National  Highway  Authority  of  India  or  any 
other agency authorised by the Central Government may seek assistance from the authorities of the State 
Government and the said State Government shall provide such assistance.] 

(2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made 
in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, 
but the State Government or any authority empowered in this behalf by the State Government may make 
or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or 
figures thereon in such script as the State Government may think fit, provided that the transcriptions shall 
be of similar size and colour to the words, letters or figures set forth in the Schedule. 

(3)  Except  as  provided  by  sub-section  (1)  1[or  sub-section  (1A)],  no  traffic  sign  shall,  after  the 
commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected 
prior to the commencement of this Act by any competent authority shall for the purpose of this Act be 
deemed to be traffic signs placed or erected under the provisions of sub-section (1). 

(4) A State Government may, by notification in the Official Gazette, empower any police officer not 
below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement 
which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement 
which  is  in  his  opinion  so  similar  in  appearance  to  a  traffic  sign  as  to  be  misleading  or  which  in  his 
opinion is likely to distract the attention or concentration of the driver. 

(5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed 

or erected under this section. 

(6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose 
for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a 
police officer or at a police station as soon as possible, and in any case within twenty-four hours of the 
occurrence. 

(7)  For  the  purpose  of  bringing  the  signs  set  forth  in  2[the  First  Schedule]  in  conformity  with  any 
International Convention relating to motor traffic to which the Central Government is for the time being a 
party,  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  make  any  addition  or 
alteration to any such sign and on the issue of any such notification,1[the First Schedule] shall be deemed 
to be amended accordingly. 

117.  Parking  places  and  halting  stations.—The  State  Government  or  any  authority  authorised  in 
this behalf by the State Government may, in consultation with the local authority having jurisdiction in 
the  area  concerned,  determine  places  at  which  motor  vehicles  may  stand  either  indefinitely  or  for  a 
specified period of time, and may determine the places at which public service vehicles may stop for a 
longer time than is necessary for the taking up and setting down of passengers. 

3[Provided that the State Government or the authorised authority shall, give primacy to the safety of 

road users and the free flow of traffic in determining such places: 

Provided  further  that  for  the  purpose  of  this  section  the  National  Highways  Authority  of  India, 
constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency 
authorised by the Central Government, may also determine such places.] 

1. Ins. by Act 32 of 2019, s. 42 (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1994, s. 36, for “the Schedule” (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 43 (w.e.f. 1-9-2019). 

75 

 
                                                           
118.  Driving  regulations.—The  Central  Government  may,  by  notification  in  the  Official  Gazette, 

make regulations for the driving of motor vehicles. 

119.  Duty  to  obey  traffic  signs.—(1)  Every  driver  of  a  motor  vehicle  shall  drive  the  vehicle  in 
conformity  with  any  indication  given  by  mandatory  traffic  sign  and  in  conformity  with  the  driving 
regulations made by the Central Government, and shall comply with all directions given to him by  any 
police officer for the time being engaged in the regulation of traffic in any public place. 

(2) In this section “mandatory traffic sign” means a traffic sign included in Part A of the Schedule, or 
any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, 
word or figure and having a red ground or border) placed or erected for the purpose of regulating motor 
vehicle traffic under sub-section (1) of section 116. 

120. Vehicles with left hand control.—No person shall drive or cause or allow to be driven in any 
public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or 
electrical signalling device of a prescribed nature and in working order. 

121. Signals and signalling devices.—The driver of a motor vehicle shall make such signals and on 

such occasions as may be prescribed by the Central Government: 

Provided that the signal of an intention to turn to the right or left or to stop— 

(a)  in  the  case  of  a  motor  vehicle  with  a  right-hand  steering  control,  may  be  given  by  a 

mechanical or electrical device of a prescribed nature affixed to the vehicle; and 

(b) in the case of a motor vehicle with a left-hand steering control, shall be given by a mechanical 

or electrical device of a prescribed nature affixed to the vehicle: 

Provided  further  that  the  State  Government  may,  having  regard  to  the  width  and  condition  of  the 
roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as 
may be specified therein any motor vehicle or class or description of motor vehicles from the operation of 
this section for the purpose of plying in that area or route. 

122. Leaving vehicle in dangerous position.—No person in charge of a motor vehicle shall cause or 
allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position 
or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue 
inconvenience to other users of the public place or to the passengers. 

123.  Riding  on  running  board,  etc.—(1)  No  person  driving  or  in  charge  of  a motor  vehicle  shall 
carry  any  person  or  permit  any  person to  be  carried on  the running  board  or  otherwise  than  within  the 
body of the vehicle. 

(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. 

124. Prohibition against travelling without pass or ticket.—No person shall enter or remain in any 

stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: 

Provided that where arrangements for the supply of tickets are made in the stage carriage by which a 
person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, 
be  shall  make  the  payment  of  his  fare  to  the  conductor  or  the  driver  who  performs  the  functions  of  a 
conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. 

Explanation.—In this section,— 

(a)  “pass”  means  a  duty,  privilege  or  courtesy  pass  entitling  the  person  to  whom  it  is  given  to 
travel  in  a  stage  carriage  gratuitously  and  includes  a  pass  issued  on  payment  for  travel  in  a  stage 
carriage for the period specified therein; 

(b) “ticket” includes a single ticket, a return ticket or a season ticket. 

125. Obstruction of driver.—No person driving a motor vehicle shall allow any person to stand or 

sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle. 

76 

 
126. Stationary vehicles.—No person driving or in charge of a motor vehicle shall cause or allow the 
vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed 
to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other 
measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the 
driver. 

127. Removal of motor vehicles abandoned or left unattended on a public place.—1[(1) Where 
any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in 
a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any 
means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] 

(2)  Where  an  abandoned,  unattended,  wrecked,  burnt  or  partially  dismantled  vehicle  is  creating  a 
traffic  hazard,  because  of  its  position  in  relation  to  the  2[public  place],  or  its  physical  appearance  is 
causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service 
may be authorised by a police officer having jurisdiction. 

(3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police 

officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.  

128. Safety measures for drivers and pillion riders.—(1) No driver of a two-wheeled motorcycle 
shall carry  more  than one person in addition to  himself  on  the  motorcycle and no  such  person shall  be 
carried otherwise than sitting on a proper seat securely fixed to the motorcycle behind the driver’s seat 
with appropriate safety measures. 

(2)  In  addition  to  the  safety  measures  mentioned  in  sub-section  (1),  the  Central  Government  may, 

prescribe other safety measures for the drivers of two-wheeled motorcycles and pillion riders thereon. 

3[129. Wearing of protective headgear.— Every person, above four years of age, driving or riding 
or being carried on a motorcycle of any class or description shall, while in a public place, wear protective 
headgear conforming to such standards as may be prescribed by the Central Government:  

Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving 

or riding on the motorcycle, in a public place, he is wearing a turban:  

Provided  further  that  the  Central  Government  may  by  rules  provide  for  measures  for  the  safety  of 

children below four years of age riding or being carried on a motorcycle. 

 Explanation.— “Protective headgear” means a helmet which,—  

(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the 
person  driving  or  riding  on  a  motorcycle  a  degree  of  protection  from  injury  in  the  event  of  an 
accident; and  

(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided 

on the headgear.] 

130. Duty to produce licence and certificate of registration.—(1) The driver of a motor vehicle in 

any public place shall, on demand by any police officer in uniform, produce his licence for examination: 

Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer 
or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment 
issued  by  such  officer  or  authority  in  respect  thereof  and  thereafter  produce  the  licence  within  such 
period,  in  such  manner  as  the  Central  Government  may  prescribe  to  the  police  officer  making  the 
demand. 

4[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of 

the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 

1. Subs. by Act 54 of 1994, s. 37, for sub-section (1) (w.e.f. 14-11-1994). 
2. Subs. by s. 37, ibid., for “highway” (w.e.f. 14-11-1994). 
3. Subs. by Act 32 of 2019, s. 44, for section 129 (w.e.f. 15-02-2022). 
4. Subs. by Act 54 of 1994, s. 39, for sub-section (2) (w.e.f. 14-11-1994). 

77 

 
                                                           
1[(3)  The  owner  of  a  motor  vehicle  (other  than  a  vehicle  registered  under  section  60),  or  in  his 
absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or 
any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate 
of  insurance  of  the  vehicle  and,  where  the  vehicle  is  a  transport  vehicle,  also  the  certificate  of  fitness 
referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his 
possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly 
attested in person or send the same by registered post to the officer who demanded it. 

Explanation.—For  the  purposes  of  this  sub-section,  “certificate  of  insurance”  means  the  certificate 

issued under sub-section (3) of section 147.] 

(4)  If  the  licence  referred  to  in  sub-section  (2)  or  the  certificates  or  permit  referred  to  in  
sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is 
made,  it  shall  be  a  sufficient  compliance  with  this  section  if  such  person  produces  the  licence  or 
certificates or permit within such period in such manner as the Central Government may prescribe, to the 
police officer or authority making the demand: 

Provided that, except to such extent and with such modifications as may be prescribed, the provisions 
of this sub-section shall not apply to any person required to produce the certificate of registration or the 
certificate of fitness of a transport vehicle. 

131. Duty of the driver to take certain precautions at unguarded railway level crossing.—Every 
driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle 
to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person 
in  the  vehicle  to  walk  up  to  the  level  crossing  and  ensure  that  no  train  or  trolley  is  approaching  from 
either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner 
or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from 
the  vehicle  himself to  ensure that  no  train  or trolley  is  approaching  from  either side  before  the railway 
track is crossed. 

132.  Duty  of  driver  to  stop  in  certain  cases.—(1)  The  driver  of  a  motor  vehicle  shall  cause  the 
vehicle to stop and remain stationary so long as 2[may for such reasonable time as may be necessary, but 
not exceeding twenty-four hours]— 

3[(a)  when  required  to  do  so  by  any  police  officer  not  below  the  rank  of  a  Sub-Inspector  in 
 uniform,  in  the  event  of  the  vehicle  being  involved  in  the  occurrence  of  an  accident  to  a   person, 
animal or vehicle or of damage to property, or] 

(b) when required to do so by any person in charge of an animal if such person apprehends that 

the animal is, or being alarmed by the vehicle will become, unmanageable, or 

4* 

* 

* 

* 

       * 

and  he  shall  give  his  name  and  address  and  the  name  and  address  of  the  owner  of  the  vehicle  to  any 
person affected by any such accident or damage who demands it provided such person also furnishes his 
name and address. 

(2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and 
alleging that the driver has committed an offence punishable under section 184 give his name and address 
to that person. 

(3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep 

or goat. 

133.  Duty  of  owner  of  motor  vehicle  to  give  information.—The  owner  of  a  motor  vehicle,  the 
driver or conductor of which is accused of any offence under this Act shall, on the demand of any police 
officer  authorised  in this  behalf  by  the  State  Government,  give  all  information regarding  the  name  and 
address  of,  and  the  licence  held  by,  the  driver  or  conductor  which  is  in  his  possession  or  could  by 
reasonable diligence be ascertained by him. 

1. Subs. by Act 54 of 1994, s. 39, for sub-section (3) (w.e.f. 14-11-1994). 
2. Subs. by s. 40, ibid., for “may reasonably be necessary” (w.e.f. 14-11-1994). 
3. Subs. by s. 40, ibid., for clause (a) (w.e.f. 14-11-1994). 
4. Clause (c) omitted by s. 40, ibid. (w.e.f. 14-11-1994). 

78 

 
 
 
 
 
 
 
 
                                                           
134. Duty of driver in case of accident and injury to a person.—When any person is injured or any 
property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the 
driver of the vehicle or other person in charge of the vehicle shall— 

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his 
control, take all reasonable steps to secure medical attention for the injured person,  1[by conveying 
him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical 
practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and 
render  medical  aid  or  treatment  without  waiting  for  any  procedural  formalities],  unless  the  injured 
person or his guardian, in case he is a minor, desires otherwise; 

(b) give on demand by a police officer any information required by him, or, if no police officer is 
present, report the circumstances of the occurrence, including the circumstances, if any, for not taking 
reasonable steps to secure medical attention as required under clause (a), at the nearest police station 
as soon as possible, and in any case within twenty-four hours of the occurrence. 

2[(c) give  the following information in writing to the insurer, who has issued the certificates of 

insurance, about the occurrence of the accident, namely:— 

(i) insurance policy number and period of its validity; 

(ii) date, time and place of accident; 

(iii) particulars of the persons injured or killed in the accident; 

(iv) name of the driver and the particulars of his driving licence. 

Explanation.—For the purposes of this section, the expression “driver” includes the owner of the 

vehicle.] 

3[134A. Protection of Good Samaritans. —(1) A Good Samaritan shall not be liable for any civil or 
criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where 
such  injury  or  death  resulted  from  the  Good  Samaritan’s  negligence  in  acting  or  failing  to  act  while 
rendering emergency medical or non-medical care or assistance.  

(2) The Central Government may by rules provide for the procedure for questioning or examination 
of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related 
matters. 

 Explanation.—For  the  purposes  of  this  section,  “Good  Samaritan”  means  a  person,  who  in  good 
faith, voluntarily and without expectation of any reward or compensation renders emergency medical or 
non-medical care or assistance at the scene of an accident to the victim or transports such victim to the 
hospital.] 

135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc.—
(1)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  make  one  or  more  schemes  to 
provide for— 

(a) an in depth study on causes and analysis of motor vehicle accidents; 

(b) wayside amenities on highways; 

(c) traffic aid posts on highways; 4*** 

(d) truck parking complexes along 5[highways; and]. 

6[(e) any other amenities in the interests of the safety and the convenience of the public.] 

1. Subs. by Act 54 of 1994, s. 41, for “and if necessary, convey him to the nearest hospital” (w.e.f. 14-11-1994). 
2. Ins. by s. 41, ibid. (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1-10-2020). 
4. The word “and” omitted by, s. 46, ibid., (w.e.f. 1-9-2019). 
5. Subs. by s. 46, ibid., for “highways” (w.e.f. 1-9-2019). 
6. Ins. by s. 46, ibid. (w.e.f. 1-9-2019). 

79 

 
                                                           
(2) Every scheme made under this section by any State Government shall be laid, as soon as may be 

after it is made, before the State Legislature. 

1[(3)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  make  one  or  more 

schemes to conduct in-depth studies on the causes and analysis of road accidents.] 

136.  Inspection  of  vehicle  involved  in  accident.—When  any  accident  occurs  in  which  a  motor 
vehicle is involved, any person authorised in this behalf by the State Government may, on production if 
so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any 
premises where the vehicle may be, and may remove the vehicle for examination: 

Provided  that  the  place  to  which  the  vehicle  is  so  removed  shall  be  intimated  to  the  owner  of  the 
vehicle and the vehicle shall be returned 2[after completion of the formalities to the owner, driver or the 
person in charge of the vehicle within twenty-four hours]. 

3[136A. Electronic monitoring and enforcement of road safety. —(1) The State Government shall 
ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) 
on national highways, state highways, roads or in any urban city within a State which has a population up 
to such limits as may be prescribed by the Central Government.  

(2) The Central Government shall make rules for the electronic monitoring and enforcement of road 
safety  including  speed  cameras,  closed-circuit  television  cameras,  speed  guns,  body  wearable  cameras 
and such other technology.  

Explanation.—For  the  purpose  of  this  section  the  expression  “body  wearable  camera”  means  a 
mobile audio and video capture device worn on the body or uniform of a person authorised by the State 
Government.] 

137. Power of Central Government to make rules.—The Central Government may make rules to 

provide for all or any of the following matters, namely:— 

(a) the occasions on which signals shall be made by drivers of motor vehicles and such signals 

under section 121; 

4[(aa) providing for the standards of protective headgear and measures for the safety of children 

below the age of four years riding under section 129;] 

(b) the manner in which the licences and certificates may be produced to the police officer under 

section 130. 

4[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 

136A; and 

(d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.] 

138. Power of State Government to make rules.—(1) The State Government may  make rules for 
the  purpose  of  carrying  into  effect  the  provisions  of  this  Chapter  other  than  the  matters  specified  in 
section 137. 

5[(1A)  The  State  Government  may,  in  the  interest  of  road  safety,  make  rules  for  the  purposes  of 
regulating  the  activities  and  access  of  non-mechanically  propelled  vehicles  and  pedestrians  to  public 
places and national highways: 

Provided  that  in the  case  of  national  highways,  such  rules  shall  be  framed  in  consultation  with  the 

National Highways Authority of India.] 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

1. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1994, s. 42, for “without unnecessary delay” (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 47 (w.e.f. 15-7-2021). 
4. Ins. by, s. 48, ibid., (w.e.f. 1-9-2019). 
5. Ins. by s. 49, ibid. (w.e.f. 1-9-2019). 

80 

 
                                                           
(a) the removal and the safe custody of vehicles including their loads which have broken down or 

which have been left standing or have been abandoned on roads; 

(b) the installation and use of weighing devices; 

(c) the maintenance and management of wayside amenities complexes; 

(d)  the  exemption  from  all  or  any  of  the  provisions  of  this  Chapter  of  fire  brigade  vehicles, 
ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be 
prescribed; 

(e) the maintenance and management of parking places and stands and the fees, if any, which may 

be charged for their use; 

(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally 

or in a specified place; 

(g) prohibiting the taking hold of or mounting of a motor vehicle in motion; 

(h) prohibiting the use of foot-paths or pavements by motor vehicles; 

(i)  generally,  the  prevention  of  danger,  injury  or  annoyance  to  the  public  or  any  person,  or  of 

danger or injury to property or of abstruction to traffic; and 

(j) any other matter which is to be, or may be, prescribed. 

CHAPTER IX 

MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 

139.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules for all or any of the following purposes, namely:— 

(a)  the  grant  and  authentication  of  travelling  passes,  certificates  or  authorisations  to  persons 
temporarily taking  motor vehicles out of India to any place outside India or to persons temporarily 
proceeding out of India to any place outside India and desiring to drive a motor vehicle during their 
absence from India; 

(b)  prescribing  the  conditions  subject  to  which  motor  vehicles  brought  temporarily  into  India 
from outside India by persons intending to make a temporary stay in India may be possessed and used 
in India; and 

(c)  prescribing  the  conditions  subject  to  which  persons  entering  India  from  any  place  outside 

India for a temporary stay in India may drive motor vehicles in India. 

(2)  For  the  purpose  of  facilitating  and  regulating  the  services  of  motor  vehicles  operating  between 
India and any other country under any reciprocal arrangement and carrying passengers or goods or both 
by  road  for  hire  or  reward,  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  make 
rules with respect to all or any of the following matters, namely:— 

(a) the conditions subject to which motor vehicles carrying on such services may be brought into 

India from outside India and possessed and used in India; 

(b) the conditions subject to which motor vehicles may be taken from any place in India to any 

place outside India; 

(c)  the  conditions  subject  to  which  persons  employed  as  drivers  and  conductors  of  such  motor 

vehicles may enter or leave India; 

(d)  the  grant  and  authentication  of  travelling  passes,  certificates  or  authorisations  to  persons 

employed as drivers and conductors of such motor vehicles; 

(e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the 

manner in which such particulars are to be exhibited; 

(f) the use of trailers with such motor vehicles; 

81 

 
(g) the exemption of such motor vehicles and their drivers and conductors from all or any of the 

provisions of this Act [other than those referred to in sub-section (4)] or the rules made thereunder; 

(h) the identification of the drivers and conductors of such motor vehicles; 

(i) the replacement of the travelling passes, certificates or authorisations, permits, licences or any 

other prescribed documents lost or defaced, on payment of such fee as may be prescribed; 

(j) the exemption from the provisions of such laws as relate to customs, police or health with a 

view to facilitate such road transport services; 

(k) any other matter which is to be, or may be, prescribed. 

(3) No rule made under this section shall operate to confer on any person any immunity in any State 

from the payment of any tax levied in that State on motor vehicles or their users. 

(4) Nothing in this Act or in any rule made thereunder by a State Government relating to:— 

(a) the registration and identification of motor vehicles, or 

(b) the requirements as to construction, maintenance and equipment of motor vehicles, or 

(c) the licensing and the qualifications of drivers and conductors of motor vehicles,  

shall apply—  

(i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made 

under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or 

(ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply. 

[CHAPTER X—LIABILITY WITHOUT FAULT IN CERTAINCASES] Omitted by the Motor Vehicles (Amendment) 
Act, 2019 (32 of 2019) s. 50 (w.e.f. 1-4-2022).  

140. [Liability to pay compensation in certain cases on the principle of no fault.]—Omitted by s. 

50, ibid, (w.e.f. 1-4-2022).] 

141. [Provisions as to other right to claim compensation for death or permanent disablement.]— 

Omitted by s. 50, ibid, (w.e.f. 1-4-2022).] 

142. [Permanent disablement.]— Omitted by s. 50, ibid. (w.e.f. 1-4-2022).] 

143.  [Applicability  of  Chapter  to  certain  claims  under  Act  8  of  1923.]—  Omitted  by  s.  50,  ibid. 

(w.e.f. 1-4-2022).] 

144. [Overriding effect.]— Omitted by s. 50, ibid. (w.e.f. 1-4-2022).] 

1[CHAPTER XI  

INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 

145. Definitions. — In this Chapter,— 

(a)  “authorised  insurer”  means  an  insurer  for  the  time  being  carrying  on  general  insurance 
business  in  India  and  granted  a  certificate  of  registration  by  the  Insurance  Regulatory  and 
Development  Authority  of  India  established  under  section  3  of  the  Insurance  Regulatory  and 
Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do 
general insurance business under the General Insurance Business (Nationalisation) Act, 1972 (57 of 
1972); 

(b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of 
section 147 and includes a cover note complying with such requirements as may be prescribed, and 
where  more than one certificate  has  been  issued  in  connection  with  a policy,  or  where  a copy  of a 
certificate has been issued, all those certificates or that copy, as the case may be; 

1. Subs. by Act 32 of 2019, s. 51, for ‘CHAPTER XI’ (w.e.f. 1-4-2022). 

82 

 
                                                           
(c)  “grievous  hurt”  shall  have  the  same  meaning  as  assigned  to  it  in  section  320  of  the  Indian 

Penal Code (45 of 1860); 

(d) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or 
motor  vehicles  the  identity  whereof  cannot  be  ascertained  in  spite  of  reasonable  efforts  for  the 
purpose;  

(e)  “Insurance  Regulatory  and  Development  Authority”  means  the  Insurance  Regulatory  and 
Development  Authority  established  under  section  3  of  the  Insurance  Regulatory  and  Development 
Authority Act, 1999 (41 of 1999);  

(f) “policy of insurance” includes certificate of insurance; 

(g) “property” includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage 

of passengers and goods carried in any motor vehicle;  

(h) “reciprocating country” means any such country as may on the basis of reciprocity be notified 
by the Central Government in the Official Gazette to be a reciprocating country for the purposes of 
this Act;  

(i)  “third  party”  includes  the  Government,  the  driver  and  any  other  co-worker  on  a  transport 

vehicle. 

146.  Necessity  for  insurance  against  third  party  risks.  —(1)  No  person  shall  use,  except  as  a 
passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in 
force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy 
of insurance complying with the requirements of this Chapter: 

Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there 

shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991). 

 Explanation.—For the purposes of this sub-section, a person driving a motor vehicle merely as a paid 
employee, while there is in relation to the use of the vehicle no such policy in force as is required by this 
sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason 
to believe that there is no such policy in force.  

(2) The provisions of sub-section (1) shall not apply to any vehicle owned by the Central Government 

or a State Government and used for purposes not connected with any commercial enterprise.  

(3)  The  appropriate  Government  may,  by  order,  exempt  from  the  operation  of  sub-section  (1),  any 

vehicle owned by any of the following authorities, namely:— 

(a) the Central Government or a State Government, if the vehicle is used for purposes connected 

with any commercial enterprise; 

(b) any local authority;  

(c) any State Transport Undertaking: 

Provided that no such order shall be made in relation to any such authority unless a fund has been 
established and is maintained by that authority in such manner as may be prescribed by appropriate 
Government. 

Explanation.—For the purposes of this sub-section, “appropriate Government” means the Central 

Government or a State Government, as the case may be, and—  

(i) in relation to any corporation or company owned by the Central Government or any State 

Government, means the Central Government or that State Government;  

(ii)  in relation to any corporation or company owned by the Central Government and one or 

more State Governments, means the Central Government;  

83 

 
(iii)  in  relation to  any  other  State Transport  Undertaking  or  any  local  authority,  means  that 

Government which has control over that undertaking or authority. 

147. Requirement of policies and limits of liability. — (1) In order to comply with the requirements 

of this Chapter, a policy of insurance must be a policy which— 

(a) is issued by a person who is an authorised insurer; and 
(b)  insures  the  person  or  classes  of  persons  specified  in  the  policy  to  the  extent  specified  in               

sub-section (2)— 

(i) against any liability which may be incurred by him in respect of the death of or bodily injury 
to  any  person  including  owner  of the  goods  or  his  authorised  representative  carried  in  the  motor 
vehicle or damage to any property of a third party caused by or arising out of the use of the motor 
vehicle in a public place; 

(ii)  against  the  death  of  or  bodily  injury  to  any  passenger  of  a  transport  vehicle,  except 
gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in 
a public place. 

Explanation.—For the removal of doubts, it is hereby clarified that the death of or bodily injury 
to any person or damage to any property of a third party shall be deemed to have been caused by or to 
have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead 
or injured or the property which is damaged was not in a public place at the time of the accident, if 
the act or omission which led to the accident occurred in a public place. 

 (2) Notwithstanding anything contained under any other law for the time being in force, for the 
purposes of third party insurance related to either death of a person or grievous hurt to a person, the 
Central Government shall prescribe a base premium and the liability of an insurer in relation to such 
premium for an insurance policy under sub-section (1) in consultation with the Insurance Regulatory 
and Development Authority. 

(3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued 
by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the 
prescribed form and containing the prescribed particulars of any condition subject to which the policy 
is  issued  and  of  any  other  prescribed  matters;  and  different  forms,  particulars  and  matters  may  be 
prescribed in different cases. 

(4)  Notwithstanding  anything  contained  in  this  Act,  a  policy  of  Insurance  issued  before  the 
commencement  of  the  Motor  Vehicles  (Amendment)  Act,  2019  shall  be  continued  on  the  existing 
terms  under  the  contract  and  the  provisions  of  this  Act  shall  apply  as  if  this  Act  had  not  been 
amended by the said Act. 

(5) Where a cover note issued by the insurer under the provisions of this Chapter or the rules or 
regulations made thereunder is not followed by a policy of insurance within the specified time, the 
insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the 
fact to the registering authority or to such other authority as the State Government may prescribe. 

(6) Notwithstanding anything contained in any other law for the time being in force, an insurer 
issuing a policy of insurance under this section shall be liable to indemnify the person or classes of 
persons specified in the policy in respect of any liability which the policy purports to cover in the case 
of that person or those classes of persons. 

148. Validity of policies of insurance issued in reciprocating countries. — Where, in pursuance of 
an  arrangement  between  India  and  any  reciprocating  country,  the  motor  vehicle  registered  in  the 
reciprocating country operates on any route or within any area common to the two countries and there is 
in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying 
with  the  requirements  of  the  law  of  insurance  for  the  time  being  in  force  in  that  country,  then, 
notwithstanding  anything  contained  in  section  147  but  subject  to  any  rules  which  may  be  made  under 
section 164B such policy of insurance shall be effective throughout the route or area in respect of which 
the arrangement has been made, as if the policy of insurance had complied with the requirements of this 
Chapter. 

84 

 
 
 
 
 
149.  Settlement  by  insurance  company  and  procedure  therefor.  —  (1)  The  insurance  company 
shall,  upon  receiving  information  of the accident, either from  claimant  or through  accident information 
report or otherwise, designate an officer to settle the claims relating to such accident. 

(2)  An  officer  designated  by  the  insurance  company  for  processing  the  settlement  of  claim  of 
compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such 
details,  within  thirty  days  and  after  following  such  procedure  as  may  be  prescribed  by  the  Central 
Government. 

(3) If, the claimant to whom the offer is made under sub-section (2),— 

(a) accepts such offer,— 

(i)  the  Claims  Tribunal  shall  make  a  record  of  such  settlement,  and  such  claim  shall  be 

deemed to be settled by consent; and 

(ii) the payment shall be made by the insurance company within a maximum period of thirty 

days from the date of receipt of such record of settlement; 
(b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such 

claim on merits. 

150.  Duty  of  insurers  to  satisfy  judgments  and  awards  against  persons  insured  in  respect  of 
third  party  risks.  —  (1)  If,  after  a  certificate  of  insurance  has  been  issued  under  sub-section  (3)  of 
section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of 
any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 
147  (being  a  liability  covered  by  the  terms  of  the  policy)  or  under  the  provisions  of  section  164  is 
obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled 
to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions 
of  this  section,  pay  to  the  person  entitled  to  the  benefit  of  the  award  any  sum  not  exceeding  the  sum 
assured payable thereunder, as if that person were the decree holder, in respect of the liability, together 
with any amount payable in respect of costs and any sum payable in respect of interest on that sum by 
virtue of any enactment relating to interest on judgments. 

(2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award 
unless, before the commencement of the proceedings in which the judgment or award is given the insurer 
had  notice  through  the  court  or,  as  the  case  may  be,  the  Claims  Tribunal  of  the  bringing  of  the 
proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; 
and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be 
made a party thereto, and to defend the action on any of the following grounds, namely:— 

(a)  that  there  has  been  a  breach  of  a  specified  condition  of  the  policy,  being  one  of  the  following 

conditions, namely:–– 

(i) a condition excluding the use of the vehicle— 

(A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle 

not covered by a permit to ply for hire or reward; or 
(B) for organised racing and speed testing; or 
(C)  for  a  purpose  not  allowed  by  the  permit  under  which  the  vehicle  is  used,  where  the 

vehicle is a transport vehicle; or 

(D) without side-car being attached where the vehicle is a two-wheeled vehicle; or 

(ii) a condition excluding driving by a named person or by any person who is not duly licenced or 
by any person who has been disqualified for holding or obtaining a driving licence during the period 
of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or 

(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil 

war, riot or civil commotion; or 
(b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or 

by representation of any fact which was false in some material particular; or 

(c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938   

(4 of 1938).  

(3) Where any such judgment or award as is referred to in sub-section (1) is obtained from a court in a 
reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of 
the  Code  of  Civil  Procedure,  1908  (5  of  1908)  conclusive  as  to  any  matter  adjudicated  upon  by  it,  the 
insurer (being  an  insurer  registered  under  the  Insurance  Act,  1938 (4  of  1938)  and  whether  or  not that 

85 

 
 
person is registered under the corresponding law of the reciprocating country) shall be liable to the person 
entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the 
judgment or award were given by a court in India: 

Provided that no sum shall be payable by the insurer in respect of any such judgment or award unless, 
before the commencement of the proceedings in which the judgment or award is given, the insurer had 
notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so 
given  is  entitled  under  the  corresponding  law  of  the  reciprocating  country,  to  be  made  a  party  to  the 
proceedings and to defend the action on grounds similar to those specified in sub-section (2). 

(4) Where a certificate of insurance has been issued under sub-section (3) of section 147 to the person 
by  whom  a  policy  has  been  effected,  so  much  of  the  policy  as  purports  to  restrict the  insurance  of  the 
persons  insured  thereby,  by  reference  to  any  condition  other  than  those  in  sub-section  (2)  shall,  as 
respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of 
section 147, be of no effect. 

(5)  No  insurer  to  whom  the  notice  referred  to  in  sub-section  (2)  or  sub-section  (3)  has  been  given 
shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award 
as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in 
the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the 
case may be. 

(6)  If  on  the  date  of  filing  of  any  claim,  the  claimant  is  not  aware  of  the  insurance  company  with 
which  the  vehicle  had  been  insured,  it  shall  be  the  duty  of  the  owner  of  the  vehicle  to  furnish  to  the 
tribunal or court the information as to whether the vehicle had been insured on the date of the accident, 
and if so, the name of the insurance company with which it is insured. 

Explanation.—For the purposes of this section,— 

(a) “award” means an award made by the Claims Tribunal under section 168; 
(b) “Claims Tribunal” means a Claims Tribunal constituted under section 165; 
(c)  “liability  covered  by  the  terms  of  the  policy”  means  the  liability  which  is  covered  by  the 
policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or 
has avoided or cancelled the policy; and 

(d)  “material  fact”  and  “material  particular”  mean,  respectively,  a  fact  or  particular  of  such  a 
nature as to influence the judgment of a prudent insurer in determining whether he shall take the risk 
and, if so, at what premium and on what conditions. 
151.  Rights  of  third  party  against  insurers  on  insolvency  of  insured.  —  (1)  Where  under  any 
contract  of  insurance  affected  in  accordance  with  the  provisions  of  this  Chapter,  a  person  is  insured 
against liabilities which he may incur to third party, then—  

(a) in the event of the person becoming insolvent or making a composition  or arrangement with 

his creditors; or 

 (b) where the insured person is a company, in the event of a winding-up order being made or a 
resolution  for  a  voluntary  winding-up  being  passed  with  respect  to  the  company  or  of  a  receiver  or 
manager of the company’s business or undertaking being duly appointed, or of possession being taken 
by  or  on  behalf  of  the  holders  of  any  debentures  secured  by  a  floating  charge  of  any  property 
comprised in or subject to the charge,  

if, either before or after that event, any such liability is incurred by the insured person his rights against 
the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in 
any provision of law, be transferred to and vest in the third party to whom the liability was so incurred.  

(2) Where an order for the administration of the estate of a deceased debtor is made according to the 
law  of  insolvency,  then,  if  any  debt  provable  in  insolvency  is  owing  by  the  deceased  in  respect  of  a 
liability to a third party against which he was insured under a contract of insurance in accordance with the 
provisions of this Chapter, the deceased debtor’s rights against the insurer in respect of that liability shall, 
notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person 
to whom the debt is owing. 

(3)  Any  condition  in  a  policy  issued  for  the  purposes  of  this  Chapter  purporting,  either  directly  or 
indirectly,  to  avoid the  policy  or  to  alter  the  rights  of  the  parties  thereunder  upon  the  happening  to the 
insured  person  of  any  of  the  events  specified  in clause  (a)  or  clause  (b)  of  sub-section  (1)  or  upon  the                                                                                                                                        
making  of  an  order  for  the  administration  of  the  estate  of  a  deceased  debtor  according  to  the  law  of 
insolvency, shall be of no effect.  

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(4)  Upon  a  transfer  under  sub-section  (1)  or  sub-section  (2),  the  insurer  shall  be  under  the  same 

liability to the third party as he would have been to the insured person, but— 

 (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to 
the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer 
in respect of the excess amount; and  

(b) if the liability of the insurer to the insured person is less than the liability of the insured person 
to the third party, nothing in this Chapter shall affect the rights of the third party against the insured 
person in respect of the balance amount. 

152. Duty to give information as to insurance. —(1) No person against whom a claim is made in 
respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on 
behalf  of  the person  making  the  claim,  refuse to  state  whether  or  not  he  was  insured in  respect  of  that 
liability by any policy issued under the provisions of this Chapter, or would have been so insured if the 
insurer  had  not  avoided  or  cancelled  the  policy,  nor  shall  he  refuse,  if  he  was  or  would  have  been  so 
insured, to give such particulars with respect to that policy as were specified in the certificate of insurance 
issued in respect thereof.  

(2) In the event of any person becoming insolvent or making an arrangement with his creditors or in 
the event of an order being made for the administration of the estate of a deceased person according to the 
law  of  insolvency,  or  in  the  event  of  a  winding-up  order  being  made  or  a  resolution  for  a  voluntary 
winding-up  being  passed  with  respect  to  any  company  or  of  a  receiver  or  manager  of  the  company’s 
business or undertaking being duly appointed or of possession being taken by or on behalf of the holders 
of any debentures secured by a floating charge on any property comprised in or subject to the charge, it 
shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as 
the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, 
or person in possession of the property to give, on the request of any person claiming that the insolvent 
debtor, deceased debtor or company is under such liability to him as is covered by the provision of this 
Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether 
any rights have been transferred to and vested in him by section 151 and for the purpose of enforcing such 
rights, if any, and any such contract of insurance as purports whether directly or indirectly to avoid the 
contract or to alter the rights of the parties thereunder upon the giving of such information in the events 
aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.  

(3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, he has 
reasonable ground for supporting that there have or may have been transferred to him under this Chapter 
rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the 
said sub-section on the persons therein mentioned. 

(4) The duty to give the information imposed by this section shall include a duty to allow all contracts 
of  insurance,  receipts  for  premiums,  and  other  relevant  documents  in  the  possession  or  power  of  the 
person on whom the duty is so imposed to be inspected and copies thereof to be taken. 

153. Settlement between insurers and insured persons. — (1) No settlement made by an insurer in 
respect of any claim which might be made by a third party in respect of any liability of the nature referred 
to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the 
settlement. 

(2) The Claims Tribunal shall ensure that the settlement is bona fide and was not made under undue 

influence  and  the  compensation  is  made  in  accordance  with  the  payment  schedule  referred  to  in                     
sub-section (1) of section 164. 

 (3) Where a person who is insured under a policy issued for the purpose of this Chapter has become 
insolvent,  or  where,  if  such  insured  person  is  a  company,  a  winding-up  order  has  been  made  or  a 
resolution for a voluntary winding-up has been passed with respect to the company, no agreement made 
between the insurer and the insured person after the liability has been incurred to a third party and after 
the commencement of the insolvency or winding-up, as the case may be, nor any waiver, assignment or 
other  disposition  made  by  or  payment  made  to  the  insured  person  after  the  commencement  aforesaid, 

87 

 
shall  be  effective  to  defeat  the  rights  transferred  to  the  third  party  under  this  Chapter;  but  those  rights 
shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. 

154. Saving in respect of sections 151, 152 and 153. — (1) For the purposes of sections 151, 152 
and  153,  a  reference  to  “liabilities  to  third  parties”  in  relation  to  a  person  insured  under  any  policy  of 
insurance shall not include a reference to any liability of that person in the capacity of insurer under some 
other policy of insurance. 

(2)  The  provisions  of  sections  151,  152  and  153  shall  not  apply  where  a  company  is  wound-up 

voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. 

155. Effect of death on certain causes of action. —Notwithstanding anything contained in section 
306 of the Indian Succession Act, 1925, (39 of 1925) the death of a person in whose favour a certificate 
of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim 
under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of 
such event against his estate or against the insurer. 

156. Effect of certificate of insurance. — When an insurer has issued a certificate of insurance in 

respect of a contract of insurance between the insurer and the insured person, then—  

(a) if and so long as the policy described in the certificate has not been issued by the insurer to 
the insured, the insurer shall, as between himself and any other person except the insured, be deemed 
to  have  issued  to  the  insured  person  a  policy  of  insurance  conforming  in  all  respects  with  the 
description and particulars stated in such certificate; and  

(b)  if the  insurer  has  issued  to  the insured the  policy  described  in  the certificate,  but the  actual 
terms of the policy are less favourable to persons claiming under or by virtue of the policy against the 
insurer  either  directly  or  through  the  insured  than  the  particulars  of  the  policy  as  stated  in  the 
certificate,  the  policy  shall,  as  between  the  insurer  and  any  other  person  except  the  insured,  be 
deemed to be in terms conforming in all respects with the particulars stated in the said certificate. 

157. Transfer of certificate of insurance. — (1) Where a person, in whose favour the certificate of 
insurance has been issued in accordance with the provisions of this Chapter, transfers to another person 
the ownership of the motor vehicle in respect of which such insurance was taken together with the policy 
of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be 
deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with 
effect from the date of its transfer. 

Explanation.—For the removal of doubts, it is hereby clarified that such deemed transfer shall include 

transfer of rights and liabilities of the said certificate of insurance and policy of insurance. 

(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to 
the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance 
and the policy described in the certificate in his favour, and the insurer shall make the necessary changes 
in the certificate and the policy of insurance in regard to the transfer of insurance. 

158.  Production  of  certain  certificates,  licence  and  permit  in  certain  cases.—(1)  Any  person 
driving  a  motor  vehicle  in  any  public  place  shall,  on  being  so  required  by  a  police  officer  in  uniform 
authorised in this behalf by the State Government, produce—  

(a) the certificate of insurance;  

(b) the certificate of registration; 

(c) the pollution under control certificate;  

(d) the driving licence;  

(e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and 

the permit; and 

(f) any certificate or authorisation of exemption that has been granted under this Act,  

relating to the use of the vehicle. 

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(2) Where, owing to the presence of a motor vehicle in a public place, an accident occurs involving 
death  or  bodily  injury  to  another  person,  if  the  driver  of  the  vehicle  does  not  at  that  time  produce  the 
required certificate, driving licence and permit referred to in sub-section (1) to a police officer, he or the 
owner  shall  produce  the  said  certificates,  licence  and  permit  at  the  police  station  at  which  the  driver 
makes the report required by section 134.  

(3)  No  person  shall  be liable to conviction  for  offences  under  sub-section  (1)  or  sub-section (2)  by 
reason of the failure to produce the required certificate if, within seven  days from the date on which its 
production was required under sub-section (1), or as the case may be, from the date of occurrence of the 
accident, he produces the certificate at such police station as may have been specified by him to the police 
officer who required its production or, as the case may be, to the police officer at the site of the accident 
or to the officer-in-charge of the police station at which he reported the accident:  

Provided that except to such extent and with such modifications as may be prescribed, the provisions 

of this sub-section shall not apply to the driver of a transport vehicle. 

(4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of 
a  police  officer  empowered  in  this  behalf  by  the  State  Government  for  the  purpose  of  determining 
whether  the  vehicle  was  or  was  not  being  driven  in  contravention  of  section  146  and  on  any  occasion 
when the driver was required under this section to produce the certificate of insurance.  

(5)  In  this  section,  the  expression  “produce  the  certificate  of  insurance”  means  production  for 
examination  the  relevant  certificate  of  insurance  or  such  other  evidence  as  may  be  prescribed  to  prove 
that the vehicle was not being driven in contravention of section 146. 

159.  Information  to  be  given  regarding  accident.—The  police  officer  shall,  during  the 
investigation, prepare an accident information report to facilitate the settlement of claim in such form and 
manner, within three months and containing such particulars and submit the same to the Claims Tribunal 
and such other agency as may be prescribed. 

160. Duty to furnish particulars of vehicle involved in accident. —A registering authority or the 
officer-in-charge  of  a  police  station  shall,  if  so  required  by  a  person  who  alleges  that  he  is  entitled  to 
claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by 
an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or 
to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of 
the said authority or the said police officer relating to the identification marks and other particulars of the 
vehicle and the name and address of the person who was using the vehicle at the time of the accident or 
was  injured  by  it  and  the  property,  if  any,  damaged  in  such  form  and  within  such  time  as  the  Central 
Government may prescribe. 

161.  Special  provisions  as  to  compensation  in  case  of  hit  and  run  motor  accident.  —  (1) 
Notwithstanding anything contained in any other law for the time being in force or any instrument having 
the force of law, the Central Government shall provide for paying in accordance with the provisions of 
this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous 
hurt to, persons resulting from hit and run motor accidents. 

(2) Subject to the provisions of this Act and the scheme  made under sub-section (3), there shall be 

paid as compensation,—  

(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum 

of two lakh rupees or such higher amount as may be prescribed by the Central Government; 

 (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed 
sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.  

(3) The Central Government may, by notification in the Official Gazette, make a scheme specifying 
the manner in which the scheme shall be administered by the Central Government or General Insurance 
Council,  the  form,  manner  and  the  time  within  which  applications for  compensation  may  be  made,  the 
officers  or  authorities  to  whom  such  applications  may  be  made,  the  procedure  to  be  followed  by  such 
officers  or  authorities  for  considering  and  passing  orders  on  such  applications,  and  all  other  matters 

89 

 
connected with, or incidental to, the administration of the scheme and the payment of compensation under 
this section. 

(4) A scheme made under sub-section (3) may provide that,—  

(a) a payment of such sum as may be prescribed by the Central Government as interim relief to 

any claimant under such scheme;  

(b)  a contravention  of  any  provision thereof  shall  be punishable  with  imprisonment  which  may 
extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may 
extend to five lakh rupees or with both;  

(c)  the  powers,  functions  or  duties  conferred  or  imposed  on  any  officer  or  authority  by  such 
scheme may be delegated with the prior approval in writing of Central Government, by such officer 
or authority to any other officer or authority. 

162. Scheme for golden hour. — (1) Notwithstanding anything contained in the General Insurance 
Companies (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any 
instrument  having  the  force  of  law,  the  insurance  companies  for  the  time  being  carrying  on  general 
insurance business in India shall provide in accordance with the provisions of this Act and the schemes 
made under this Act for treatment of road accident victims, including during the golden hour.  

(2) The Central Government shall make a scheme for the cashless treatment of victims of the accident 
during the golden hour and such scheme may contain provisions for creation of a fund for such treatment. 

163.  Refund  in  certain  cases  of  compensation  paid  under  section  161.  —  (1)  The  payment  of 
compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject 
to  the  condition  that  if  any  compensation  (hereafter  in  this  sub-section  referred  to  as  the  other 
compensation)  or  other  amount  in  lieu  of  or  by  way  of  satisfaction  of  a  claim  for  compensation  is 
awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any 
other law for the time being in force or otherwise, so much of the other compensation or other amount 
aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer. 

 (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury 

to,  any  person  arising  out  of  the  use  of  a  motor  vehicle  under  any  provision  of  this  Act  other  than                
section  161  or  any  other  law  for  the  time  being  in  force,  the  Claims  Tribunal,  court  or  other  authority 
awarding  such  compensation  shall  verify  as  to  whether  in  respect  of  such  death  or  bodily  injury 
compensation has already been paid under section 161 or an application for payment of compensation is 
pending under that section, and such Tribunal, court or other authority shall— 

(a) if compensation has already been paid under section 161, direct the person liable to pay the 
compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in 
accordance with the provisions of sub-section (1);  

(b)  if  an  application  for  payment  of  compensation  is  pending  under  section  161  forward  the 

particulars as to the compensation awarded by it to the insurer.  

Explanation.—For the purpose of this sub-section, an application for compensation under section 161 

shall be deemed to be pending— 

(i) if such application has been rejected, till the date of the rejection of the application; and  
(ii)  in  any  other  case,  till  the  date  of  payment  of  compensation  in  pursuance  of  the 

application. 

164.  Payment  of  compensation  in  case  of  death  or  grevious  hurt,  etc.  —  (1)  Notwithstanding 
anything contained in this Act or in any other law for the time being in force or instrument having the 
force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of 
death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a 
sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the 
legal heirs or the victim, as the case may be. 

90 

 
 
(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or 
establish  that  the  death  or  grievous  hurt  in  respect  of  which  the  claim  has  been  made  was  due  to  any 
wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other 
person. 

(3)  Where,  in  respect  of  death  or  grievous  hurt  due  to  an  accident  arising  out  of  the  use  of  motor 
vehicle,  compensation  has  been  paid  under  any  other  law  for  the  time  being  in  force,  such  amount  of 
compensation shall be reduced from the amount of compensation payable under this section. 

164A. Scheme for interim relief for claimants.—(1) The Central Government, may make schemes 

for the provision of interim relief to claimants praying for compensation under this Chapter. 

(2) A scheme made under sub-section (1) shall also provide for procedure to recover funds disbursed 
under such scheme from the owner of the motor vehicle, where the claim arises out of the use of such 
motor vehicle or other sources as may be prescribed by the Central Government. 

164B. Motor Vehicle Accident Fund. — (1) The Central Government shall constitute a Fund to be 

called the Motor Vehicle Accident Fund and thereto shall be credited— 

(a) payment of a nature notified and approved by the Central Government; 

(b) any grant or loan made to the Fund by the Central Government; 

(c) the balance of the Fund created under scheme framed under section 163, as it stood immediately 

before the commencement of the Motor Vehicles (Amendment) Act, 2019; and 

(d) any other source of income as may be prescribed by the Central Government. 

(2) The Fund shall be constituted for the purpose of providing compulsory insurance cover to all road 

users in the territory of India.  

(3) The Fund shall be utilised for the following, namely:— 

(a) treatment of the persons injured in road accidents in accordance with the scheme framed by the 

Central Government under section 162;  

(b)  compensation  to  representatives  of  a  person  who  died  in  hit  and  run  motor  accident  in 

accordance with schemes framed under section 161; 

(c)  compensation  to  a  person  grievously  hurt  in  a  hit  and  run  motor  accident  in  accordance  with 

schemes framed under section 161; and 

(d) compensation to such persons as may be prescribed by the Central Government. 

(4) The maximum liability amount that shall be paid in each case shall be such as may be prescribed by 

the Central Government.  

(5)  In  all  cases  specified  in  clause  (a)  of  sub-section  (3),  when  the  claim  of  such  person  becomes 

payable, where amount has been paid out of this Fund to any person, the same amount shall be deductible 

from the claim received by such person from the insurance company. 

(6) The Fund shall be managed by such authority or agency as the Central Government may specify 

having regard to the following:—  

(a) knowledge of insurance business of the agency; 

(b) capability of the agency to manage funds; and  

(c) any other criteria as may be prescribed by the Central Government. 

91 

 
 
 
 
(7) The Central Government shall maintain proper accounts and other relevant records and prepare an 

annual statement of accounts of the Fund in such form as may be prescribed by the Central Government 

in consultation with the Comptroller and Auditor-General of India.  

(8) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such 

intervals as may be specified by him.  

(9) The Comptroller and Auditor-General of India or any person appointed by him in connection with 

the audit of the accounts of the Fund under this Act shall have the same rights, privileges and authority in 

connection with such audit of the Government accounts and, in particular, shall have the right to demand 

the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 

any of the offices of the Authority. 

(10) The accounts of the Fund, as certified by the Comptroller and Auditor General of India or any 

other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded 

annually to the Central Government and the Central Government shall cause the same to be laid before 

each House of the Parliament. 

(11)  Any  scheme  framed  under  sub-section  (3)  of  section  161,  as  it  stood  immediately  before  the 

commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued and all rights and 

liabilities accruing thereunder shall be met out of the Fund with effect from the date of commencement of 

this Act. 

164C.  Power  of  Central  Government  to  make  rules.  —  (1)  The  Central  Government  may  make 

rules for the purposes of carrying into effect, the provisions of this Chapter. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the forms to be used for the purposes of this Chapter including,—  

(i)  the  form  of  the  insurance  policy  and  the  particulars  it  shall  contain  as  referred  to  in                      

sub-section (3) of section 147;  

(ii) the form for making changes in regard to the fact of transfer in the certificate of insurance 

under sub-section (2) of section 157; 

(iii) the form in which the accident information report may be prepared, the particulars it shall 
contain,  the  manner  and  the  time  for  submitting  the  report  to  the  Claims  Tribunal  and  the  other 
agency under section 159;  

(iv) the form for furnishing information under section 160; and  

(v)  the  form  of  the  annual  statement  of  accounts  for  the  Motor  Vehicle  Accident  Fund  under 

sub-section (7) of section 164B;  

(b) the making of applications for and the issue of certificates of insurance; 

(c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; 

(d) the custody, production, cancellation and surrender of certificates of insurance; 

92 

 
 (e)  the  records  to  be  maintained  by  insurers  of  policies  of  insurance  issued  under  this 

Chapter; 

 (f) the identification by certificates or otherwise of persons or vehicles exempted from the 

provisions of this Chapter; 

 (g) the furnishing of information respecting policies of insurance by insurers; 

 (h) adopting the provisions of this Chapter to vehicles brought into India by persons making 
only a temporary stay therein or to vehicles registered in a reciprocating country and operating 
on  any  route  or  within  any  area  in  India  by  applying  those  provisions  with  prescribed 
modifications;  

(i) the requirements which a certificate of insurance is required to comply with as referred to 

in clause (b) of section 145; 

 (j) administration of the Fund established under sub-section (3) of section 146; 

(k) the minimum premium and the maximum liability of an insurer under sub-section (2) of 

section 147;  

(l)  the  conditions  subject  to  which  an  insurance  policy  shall  be  issued  and  other  matters 

related thereto as referred to in sub-section (3) of section 147; 

 (m)  the  details  of  settlement,  the  time  limit  for  such  settlement  and  the  procedure  thereof 

under sub-section (2) of section 149;  

(n)  the  extent  of  exemptions  and  the  modifications  under  the  proviso  to  sub-section  (3)  of 

section 158;  

(o) the other evidence under sub-section (5) of section 158;  

(p) such other agency to which the accident information report as referred to in section 159 

may be submitted; 

(q) the time limit and fee for furnishing information under section 160;  

(r) the higher amount of compensation in respect of death under clause (a) of sub-section (2) 

of section 161;  

(s)  a  sum  to  be  paid  as  interim  relief  as  referred  to  in  clause  (a)  of  sub-section  (4)  of              

section 161;  

(t) the procedure for payment of compensation under sub-section (1) of section 164;  

(u) such other sources from which funds may be recovered for the scheme as referred to in 

sub-section (2) of section 164A;  

(v) any other source of income that may be credited into the Motor Vehicle Accident Fund 

under sub-section (1) of section 164B; 

(w) the persons to whom compensation may be paid under clause (d) of sub-section (3) of 

section 164B; 

(x) the maximum liability amount under sub-section (4) of section 164B;  

(y) the other criteria under clause (c) of sub-section (6) of section 164B;  

93 

 
 (z) any other matter which is to be, or may be, prescribed or in respect of which provision is 

to be made by rules. 

164D. Power of State Government to make rules. — (1) The State Government may make rules for 
the  purposes  of  carrying  into  effect,  the  provisions  of  this  Chapter  other  than  the  matters  specified  in 
section 164C. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the other authority under sub-section (5) of section 147; and 

(b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules.] 

CHAPTER XII 

CLAIMS TRIBUNALS 

165.  Claims  Tribunals.—(1)  A  State  Government  may,  by  notification  in  the  Official  Gazette, 
constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims 
Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims 
for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of 
the use of motor vehicles, or damages to any property of a third party so arising, or both. 

Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  the  expression  “claims  for 
compensation in respect of accidents involving the death of or bodily injury to persons arising out of the 
use of motor vehicles” includes claims for compensation under 1[section 164]. 

(2) A Claims Tribunal shall consist of such number of members as the State Government may think 
fit  to  appoint  and  where  it  consists  of  two  or  more  members,  one  of  them  shall  be  appointed  as  the 
Chairman thereof. 

(3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he— 

(a) is, or has been, a Judge of a High Court, or 

(b) is, or has been, a District Judge, or 

(c) is qualified for appointment as a Judge of a High Court 2[or as a District Judge]. 

(4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by 

general or special order, regulate the distribution of business among them. 

166. Application for compensation.—(1) An application for compensation arising out of an accident 

of the nature specified in sub-section (1) of section 165 may be made— 

(a) by the person who has sustained the injury; or 

(b) by the owner of the property; or 

(c) where death has resulted from the accident, by all or any of the legal representatives of the 

deceased; or 

(d) by any agent duly authorised by the person injured or all or any of the legal representatives of 

the deceased, as the case may be: 

Provided  that  where  all  the  legal  representatives  of  the  deceased  have  not  joined  in  any  such 
application for compensation, the application shall be made on behalf of or for the benefit of all the legal 
representatives of the deceased and the legal representatives who have not so joined, shall be impleaded 
as respondents to the application. 

1. Subs. by Act 32 of 2019, s. 52, for “section 140 and section 163A” (w.e.f. 1-4-2022). 
2. Added by Act 54 of 1994, s. 52 (w.e.f. 14-11-1994). 

94 

 
 
                                                           
1[Provided further  that  where  a  person  accepts  compensation  under  section  164  in  accordance  with 

the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.] 

2[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the 
Claims  Tribunal  having  jurisdiction  over  the  area  in  which  the  accident  occurred  or  to  the  Claims 
Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within 
the local limits of whose jurisdiction the defendant resides, and shall  be in such form and contain such 
particulars as may be prescribed: 

3* 

* 

* 

* 

*.] 

4[(3) No application for compensation shall be entertained unless it is made within six months of the 

occurrence of the accident.] 

5[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under 6[section 159] as an 

application for compensation under this Act.] 

7[(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a 
person to claim compensation for injury in an accident shall, upon the death of the person injured, survive 
to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with 
the injury or not.] 

167.  Option  regarding  claims  for  compensation  in  certain  cases.—Notwithstanding  anything 
contained in the Workmen’s Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, 
any  person  gives  rise  to  a  claim  for  compensation  under  this  Act  and  also  under  the  Workmen’s 
Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of 
Chapter X claim such compensation under either of those Acts but not under both. 

168.  Award  of  the  Claims  Tribunal.—(1)  On  receipt  of  an  application  for  compensation  made 
under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after 
giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, 
as the case may be, each of the claims and, subject to the provisions of 8[section 163] may make an award 
determining  the  amount  of  compensation  which  appears  to  it  to  be  just  and  specifying  the  person  or 
persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify 
the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or 
by all or any of them, as the case may be: 

9* 

* 

* 

* 

* 

 (2)  The  Claims  Tribunal  shall  arrange  to  deliver  copies  of  the  award  to  the  parties  concerned 

expeditiously and in any case within a period of fifteen days from the date of the award. 

(3) When an award is made under this section, the person who is required to pay any amount in terms 
of  such  award  shall,  within  thirty  days  of  the  date  of  announcing  the  award  by  the  Claims  Tribunal, 
deposit the entire amount awarded in such manner as the Claims Tribunal may direct. 

169. Procedure  and powers of Claims Tribunals.—(1) In holding  any inquiry under section 168, 
the  Claims  Tribunal  may,  subject  to  any  rules  that  may  be  made  in  this  behalf,  follow  such  summary 
procedure as it thinks fit. 

(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence 
on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of 
documents  and  material  objects  and  for  such  other  purposes  as  may  be  prescribed;  and  the  Claims 

1. Ins. by Act 32 of 2019, s. 53 (w.e.f. 1-4-2022). 
2. Subs. by Act 54 of 1994, s. 53, for sub-section (2) (w.e.f. 14-11-1994). 
3. Proviso omitted by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022). 
4. Ins. by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022), Earlier sub-section (3) omitted by Act 54 of 1994, s. 53, (w.e.f. 14-11-1994). 
5. Subs. by Act 54 of 1994, s. 53, for sub-section (4) (w.e.f. 14-11-1994). 
6. Subs. by Act 32 of 2019, s. 53, for “sub-section (6) of section 158” (w.e.f. 1-4-2022). 
7. Ins. by s. 53, ibid. (w.e.f. 1-4-2022). 
8. Subs. by s. 54, ibid, for “section 162” (w.e.f. 1-4-2022). 
9. Proviso omitted by s. 54, ibid, (w.e.f. 1-4-2022).  

95 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the 
Code of Criminal Procedure, 1973 (2 of 1974). 

(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of 
adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge 
of any matter relevant to the inquiry to assist it in holding the inquiry. 

1[(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers 
of  a  Civil  Court in  the  execution  of a  decree under the  Code  of  Civil  Procedure,  1908,  as if  the  award 
were a decree for the payment of money passed by such court in a civil suit.] 

170. Impleading insurer in certain cases.—Where in the course of any inquiry, the Claims Tribunal 

is satisfied that— 

(a)  there  is  collusion  between  the  person  making  the  claim  and  the  person  against  whom  the 

claim is made, or 

(b) the person against whom the claim is made has failed to contest the claim,  

it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such 
claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, 
without prejudice to the provisions contained in sub-section (2) of 2[section 150], the right to contest the 
claim on all or any of the grounds that are available to the person against whom the claim has been made. 

171. Award of interest where any claim is allowed.—Where any Claims Tribunal allows a claim 
for  compensation  made  under  this  Act,  such  Tribunal  may  direct  that  in  addition  to  the  amount  of 
compensation simple interest shall also be paid at such rate and from such date not earlier than the date of 
making the claim as it may specify in this behalf. 

172. Award of compensatory costs in certain cases.—(1) Any Claims Tribunal adjudicating upon 
any  claim  for  compensation  under  this  Act,  may  in  any  case  where  it  is  satisfied  for  reasons  to  be 
recorded by it in writing that— 

(a)  the  policy  of  insurance  is  void  on  the  ground that  it  was  obtained  by  representation  of  fact 

which was false in any material particular, or 

(b) any party or insurer has put forward a false or vexatious claim or defence, 

such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by 
whom such claim or defence has been put forward of special costs by way of compensation to the insurer 
or, as the case may be, to the party against whom such claim or defence has been put forward. 

(2)  No  Claims  Tribunal  shall  pass  an  order  for  special  costs  under  sub-section  (1)  for  any  amount 

exceeding one thousand rupees. 

(3)  No  person  or  insurer  against  whom  an  order  has been  made  under this  section  shall,  by  reason 
thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as 
is referred to in sub-section (1). 

(4)  Any  amount  awarded  by  way  of  compensation  under  this  section  in  respect  of  any                              

mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for 
compensation in respect of such mis-representation, claim or defence. 

173. Appeals.—(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of 
a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: 

Provided that no appeal by the person who is required to pay any amount in terms of such award shall 
be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per 
cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: 

1. Ins. by Act 32 of 2019, s. 55, (w.e.f. 1-4-2022). 
2. Subs. by s. 56, ibid., for “section 149” (w.e.f. 1-4-2022). 

96 

 
                                                           
Provided further that the High Court may entertain the appeal after the expiry of the said period of 
ninety  days,  if  it  is  satisfied  that  the  appellant  was  prevented  by  sufficient  cause  from  preferring  the 
appeal in time. 

(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal 

is less than 1[one lakh] rupees. 

174. Recovery of money from insurer as arrear of land revenue.—Where any amount is due from 
any person under an award, the Claims Tribunal may, on an application made to it by the person entitled 
to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover 
the same in the same manner as an arrear of land revenue. 

175. Bar on jurisdiction of Civil Courts.—Where any Claims Tribunal has been constituted for any 
area,  no  Civil  Court  shall  have  jurisdiction  to  entertain  any  question  relating  to  any  claim  for 
compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in 
respect  of any  action taken  or to  be taken  by  or before  the  Claims Tribunal in respect  of the  claim  for 
compensation shall be granted by the Civil Court. 

176.  Power  of  State  Government  to  make  rules.—A  State  Government  may  make  rules  for  the 
purpose  of  carrying  into  effect  the  provisions  of  sections  165 to  174,  and  in  particular,  such rules  may 
provide for all or any of the following matters, namely:— 

(a) the form of application for claims for compensation and the particulars it may contain, and the 

fees, if any, to be paid in respect of such applications; 

(b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; 

(c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; 

(d) the form and the manner in which and the fees (if any) on payment of which an appeal may be 

preferred against an award of a Claims Tribunal; and 

(e) any other matter which is to be, or may be, prescribed. 

CHAPTER XIII 

OFFENCES, PENALTIES AND PROCEDURE 

177.  General  provision for  punishment  of  offences.—Whoever  contravenes  any  provision  of  this 
Act  or  of  any  rule,  regulation  or  notification  made  thereunder  shall,  if  no  penalty  is  provided  for  the 
offence be punishable for the first offence with fine which may extend to  2[five hundred rupees], and for 
any  second  or  subsequent  offence  with  fine  which  may  extend  to  3[one  thousand  and  five  hundred 
rupees]. 

4[177A.  Penalty  for  contravention  of  regulations  under  section  118.—Whoever  contravenes  the 
regulations  made  under  section  118,  shall  be  punishable  with  fine  which  shall  not  be  less  than  five 
hundred rupees, but may extend to one thousand rupees.] 

178.  Penalty  for  travelling  without  pass  or  ticket  and  for  dereliction  of  duty  on  the  part  of 
conductor and refusal to ply contract carriage, etc.—(1) Whoever travels in a stage carriage without 
having  a  proper  pass  or  ticket  with  him  or  being  in  or  having  alighted  from  a  stage  carriage  fails  or 
refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being 
made therefor, shall be punishable with fine which may extend to five hundred rupees. 

Explanation.—In this section, “pass” and “ticket” have the meanings respectively assigned to them in 

section 124. 

(2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a 

conductor in such stage carriage, whose duty is— 

1. Subs. by Act 32 of 2019, s. 57, for “ten thousand” (w.e.f. 1-4-2022). 
2. Subs. by Act 32 of 2019, s. 58, for “one hundred rupees” (w.e.f. 1-9-2019). 
3. Subs. by s. 58, ibid., for “three hundred rupees” (w.e.f. 1-9-2019). 
4. Ins. by s. 59, ibid. (w.e.f. 1-9-2019). 

97 

 
                                                           
(a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, 

either wilfully or negligently,— 

(i) fails or refuses to accept the fare when tendered, or 

(ii) fails or refuses to supply a ticket, or 

(iii) supplies an invalid ticket, or 

(iv) supplies a ticket of a lesser value, or 

(b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so, 

he shall be punishable with fine which may extend to five hundred rupees. 

(3)  If  the  holder  of  a  permit  or  the  driver  of  a  contract  carriage  refuses,  in  contravention  of  the 
provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he 
shall,— 

(a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which 

may extend to fifty rupees; and 

(b) in any other case, be punishable with fine which may extend to 1[five hundred rupees]. 

179.  Disobedience  of  orders,  obstruction  and  refusal  of  information.—(1)  Whoever  wilfully 
disobeys any direction lawfully given by any person or authority empowered under this Act to give such 
direction,  or  obstructs  any  person  or  authority  in  the  discharge  of  any  functions  which  such  person  or 
authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for 
the offence be punishable with fine which may extend to 2[two thousand rupees]. 

(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such 
information or gives information which he knownto be false or which he does not believe to be true, shall, 
if no other penalty is provided for the offence, be punishable with imprisonment for a term which may 
extend to one month, or with fine which may extend to 2[two thousand rupees], or with both. 

180. Allowing unauthorised persons to drive vehicles.—Whenever, being the owner or person in 
charge  of  a  motor  vehicle,  causes,  or  permits,  any  other  person  who  does  not  satisfy  the  provisions  of 
section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may 
extend to three months, or with fine 3[of five thousand rupees], or with both. 

181. Driving vehicles in contravention of section 3 or section 4.—Whoever, drives a motor vehicle 
in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may 
extend to three months, or with fine 4[of five thousand rupees], or with both. 

182. Offences relating to licences.—(1) Whoever, being disqualified under this Act for holding or 
obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or 
obtains  a  driving  licence  or,  not  being  entitled  to  have  a  driving  licence  issued  to  him  free  of 
endorsement,  applies  for  or  obtains  a  driving  licence  without  disclosing  the  endorsement  made  on  a 
driving  licence  previously  held  by  him  shall  be  punishable  with  imprisonment  for  a  term  which  may 
extend to three months, or with fine  5[of ten thousand rupees] or with both, and any driving incence so 
obtained by him shall be of no effect. 

(2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as 
a  conductor  of  a stage  carriage  in a  public  place  or  applies for or  obtains  a  conductor’s  licence or,  not 
being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a 
conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held 
by him, shall be punishable with improsonment for a term which may extend to one month, or with fine 

1. Subs. by Act 32 of 2019, s. 60, for “two hundred rupees” (w.e.f. 1-9-2019). 
2. Subs. by s. 61, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 
3. Subs. by s. 62, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 
4. Subs. by s. 63, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 
5. Subs. by s. 64, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 

98 

 
                                                           
which may extend to 1[ten thousand rupees], or with both, and any conductor’s licence so obtained by him 
shall be of no effect. 

2[182A.  Punishment  for  offences  relating  to  construction,  maintenance,  sale  and  alteration  of 
motor  vehicles  and  components.—(1)  Whoever,  being  a  manufacturer,  importer  or  dealer  of  motor 
vehicles,  sells  or  delivers  or  alters  or  offers  to  sell  or  deliver  or  alter,  a  motor  vehicle  that  is  in 
contravention  of  the  provisions  of  Chapter  VII  or  the  rules  and  regulations  made  thereunder,  shall  be 
punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees 
per such motor vehicle or with both: 

Provided that no person shall be convicted under this section if he proves that, at the time of sale or 
delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to 
the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter 
VII or the rules and regulations made thereunder. 

(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter 
VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which 
may extend to one year or with fine which may extend to one hundred crore rupees or with both. 

(3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has 
been notified as a critical safety component by the Central Government and which does not comply with 
Chapter  VII  or  the  rules  and  regulations  made  thereunder  shall  be  punishable  with  imprisonment  for  a 
term which may extend to one year or with fine of one lakh rupees per such component or with both. 

(4)  Whoever,  being  the  owner  of  a  motor  vehicle,  alters  a  motor  vehicle,  including  by  way  of 
retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations 
made thereunder shall be punishable with imprisonment for a term which may extend to six months, or 
with fine of five thousand rupees per such alteration or with both. 

182B.  Punishment  for  contravention  of  section  62A.—Whoever  contravenes  the  provisions  of 
section  62A,  shall  be  punishable  with  fine  which  shall  not  be  less  than  five  thousand  rupees,  but  may 
extend to ten thousand rupees.] 

183. Driving at excessive speed, etc.—(1) Whoever, drives 3[or causes any person who is employed 
by  him  or  subjects  someone  under  his  control  to  drive]  a  motor  vehicle  in  contravention  of  the  speed 
limits referred to in section 112 shall be punishable 4[in the following manner, namely:— 

(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one 

thousand rupees but may extend to two thousand rupees; 

(ii)  where  such  motor  vehicle  is  a  medium  goods  vehicle  or  a  medium  passenger  vehicle  or  a 
heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand 
rupees, but may extend to four thousand rupees; and 

(iii) for the second or any subsequent offence under this sub-section the driving licence of such 

driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 
5* 
(3)  No  person  shall  be  convicted  of  an  offence  punishable  under  sub-section  (1)  solely  on  the 
evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed 
which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some 
mechanical 6[or electronic] device. 

                    * 

*    

* 

* 

(4) The publication of a time table under which, or the giving of any direction that, any journey or 
part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not 
practicable in the circumstances of the case for that journey or part of a journey to be completed in the 

1. Subs. by Act 32 of 2019, s. 64, for “one hundred rupees” (w.e.f. 1-9-2019). 
2. Subs. by s. 65, ibid., for section 182A (w.e.f. 1-9-2019). 
3. Ins. by Act 32 of 2019, s. 66 (w.e.f. 1-9-2019). 
4. Subs. by s. 66, ibid., for the certain words (w.e.f. 1-9-2019).  
5. Sub-section (2) omitted by s. 66, ibid. (w.e.f. 1-9-2019). 
6. Ins. by s. 66, ibid. (w.e.f. 1-9-2019). 

99 

 
 
 
 
 
 
 
 
                                                           
specified time without contravening the speed limits referred to in section 112 be  prima facie evidence 
that the person who published the time table or gave the direction has committed an offence punishable 
under 1[sub-section (1)]. 

184.  Driving  dangerously.—Whoever  drives  a  motor  vehicle  at  a  speed  or  in  a  manner  which  is 
dangerous  to  the  public  2[or  which  causes  a  sense  of  alarm  or  distress  to  the  occupants  of  the  vehicle, 
other  road  users,  and  persons  near  roads,]  having  regard  to  all  the  circumstances  of  case  including  the 
nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually 
is at the time or which might reasonably be expected to be in the place, shall be punishable for the first 
offence  with  imprisonment  for  a  term  3[which  may  extend  to  one  year  but  shall  not  be  less  than  six 
months  or  with fine  which  shall  not  be less than  one  thousand  rupees  but  may  extend to five thousand 
rupees, or with both], and for any  second or subsequent offence if committed within three years of the 
commission of a previous similar offence with imprisonment for a term which may extend to two years, 
or with fine 4[of ten thousand rupees], or with both. 

5[Explanation.—For the purpose of this section,— 

(a) jumping a red light; 

(b) violating a stop sign; 

(c) use of handheld communications devices while driving; 

(d) passing or overtaking other vehicles in a manner contrary to law; 

(e) driving against the authorised flow of traffic; or 

(f)  driving  in  any  manner  that  falls  far  below  what  would  be  expected  of  a  competent  and 
careful driver and where it would be obvious to a competent and careful driver that driving in that 
manner would be dangerous,  

shall amount to driving in such manner which is dangerous to the public.] 

185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while 

driving, or attempting to drive, a motor vehicle,— 

6[(a)  has,  in  his  blood,  alcohol  exceeding  30  mg.  per  100  ml.  of  blood  detected  in  a  test  by  a 

breath analyser, 7[or in any other test including a laboratory test,] or] 

(b)  is  under  the  influence  of  a  drug  to  such  an  extent  as  to  be  incapable  of  exercising  proper 

control over the vehicle, 

shall be punishable for the first offence with imprisonment for a term which may extend to six months, or 
with  fine  8[of  ten  thousand  rupees],  or  with  both;  and  for  a  second  or  subsequent  offence,  9***  with 
imprisonment for term which may extend to two years, or with fine 10[of fifteen thousand rupees], or with 
both. 

11[Explanation.—For the purposes of this section, the expression  “drug” means any intoxicant other 
than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or 
material as may be notified by the Central Government under this Act and includes a narcotic drug and 
psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and 
Psychotropic Substances Act, 1985 (61 of 1985).] 

1. Subs. by 32 of 2019, s. 66, for “sub-section (2)” (w.e.f. 1-9-2019). 
2. Ins. by s. 67, ibid. (w.e.f. 1-9-2019). 
3. Subs. by Act 32 of 2019, s. 67, for “which may extend to six months, or with fine which may extend to one thousand rupees” 

(w.e.f. 1-9-2019). 

4. Subs. by s. 67, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 
5. Ins. by s. 67, ibid. (w.e.f. 1-9-2019). 
6. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994). 
7. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019). 
8. Subs. by s. 68, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 
9. The words “if committed within three years of the commission of the previous similar offence,” omitted by s. 68,  ibid. (w.e.f. 

1-9-2019). 

10. Subs. by s. 68, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 
11. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019). 

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186. Driving when mentally or physically unfit to drive.—Whoever drives a motor vehicle in any 
public place when he is to his knowledge suffering from any disease or disability calculated to cause his 
driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with 
fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which 
may extend to 2[two thousand rupees]. 

187. Punishment for offences relating to accident.—Whoever fails to comply with the provisions 
of clause  3[(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with 
imprisonment for a term which may extend to  4[six months], or with fine  5[of five thousand rupees], or 
with both or, if having been previously convicted of an offence under this section, he is again convicted 
of an offence under this section, with imprisonment for a term which may extend to  6[one year], or with 
fine 7[of ten thousand rupees], or with both. 

188. Punishment for abetment of certain offences.—Whoever abets the commission of an offence 
under section 184, section 185 or section 186 shall be punishable with the punishment provided for the 
offence. 

189.  Racing  and  trials  of  speed.—Whoever  without  the  written  consent  of  the  State  Government 
permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place 
shall be punishable with imprisonment for a term which may extend to  8[three months], or with fine 9[of 
five thousand rupees], or with both 10[and for a subsequent offence shall be punishable with imprisonment 
for a term which may extend to one year, or with fine of ten thousand rupees; or with both.] 

190. Using vehicle in unsafe condition.—(1) Any person who drives or causes or allows to be driven 
in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person 
knows of or could have discovered by the exercise of ordinary care and which is calculated to render the 
driving  of  the  vehicle a  source  of  danger to  persons and  vehicles using  such  place,  shall  be  punishable 
with fine  11[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused 
causing  bodily  injury  or  damage  to  property,  with imprisonment  for  a term  which  may  extend  to  three 
months,  or  with  fine  12[of  five  thousand  rupees],  or  with  both  13[and  for  a  subsequent  offence  shall  be 
punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand 
rupees for bodily injury or damage to property]. 

(2)  Any  person  who  drives  or  causes  or  allows  to  be  driven,  in  any  public  place  a  motor  vehicle, 
which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall 
be punishable for the first offence with 14[imprisonment for a term which may extend to three months, or 
with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding 
licence for a period of three months] and for any second or subsequent offence with 15[imprisonment for a 
term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  ten  thousand  rupees  or  with 
both]. 

(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which 
violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are 
of dangerous or hazardous nature to human life, shall be punishable for the first offence  16[with a fine of 
ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with 

1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019). 
2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 
3. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019). 
4. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019). 
5. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 
6. Subs. by s. 70, ibid., for “six months” (w.e.f. 1-9-2019). 
7. Subs. by s. 70, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 
8. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019). 
9. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 
10. Ins. by s. 71, ibid. (w.e.f. 1-9-2019). 
11. Subs. by s. 72, ibid., for “which may extend to two hundred and fifty rupees” (w.e.f. 1-9-2019). 
12. Subs. by s. 72, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 
13. Ins. by s. 72, ibid. (w.e.f. 1-9-2019). 
14. Subs. by s. 72, ibid., for “a fine of one thousand rupees” (w.e.f. 1-9-2019). 
15. Subs. by s. 72, ibid., for “a fine of two thousand rupees” (w.e.f. 1-9-2019). 
16. Subs. by s. 72, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 

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imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with 
fine 1[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both. 

 [191. Sale of vehicle in or alteration of vehicle to condition contravening this Act.]—Omitted by Act The Motor 

Vehicles (Amendment) Act, 2019 (32 of 2019), s. 73 (w.e.f. 1-9-2019). 

2[192. Using vehicle without registration.—(1) Whoever drives a motor vehicle or causes or allows a  motor 
vehicle to be used in contravention of the  provisions of section 39 shall be punishable for the first offence  with a 
fine  which  may  extend  to  five  thousand  rupees  but  shall  not  be  less  than  two  thousand  rupees  for  a  second  or 
subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand 
rupees but shall not be less than five thousand rupees or with both: 

Provided that the court may, for reasons to be recorded, impose a lesser punishment. 
(2)  Nothing  in  this  section  shall  apply  to  the  use  of  a  motor  vehicle  in  an  emergency  for  the  conveyance  of 
persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical 
supplies for a like purpose: 

Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within 

seven days from the date of such use. 

(3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-
section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the 
conviction in connection with which such order was made. 

3[Explanation.—Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a 
contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section 
(1).] 

STATE AMENDMENT 

Rajasthan 
Amendment of Section 192, Central Act 59 of 1988.—In Section 192 of the Motor Vehicles Act, 1988 (Central 
Act 59 of 1988), in its application to the State of Rajasthan, hereinafter referred to as the Principal Act,- 

(a)  in  sub-section  (1),  for  the  expression  “with  fine  which  may  extend  to  two  thousand  rupees”  as  occurring 
between  the  expression  “punishable  for  the  first  offence”  and  the  expression  “and  for  any  second  or  subsequent 
offence”, the expression “with fine which shall not be less than five thousand rupees” and for the expression “with 
fine  which  may  extend  to  three  thousand  rupees”  as  occurring  between  the  expression  “which  may  extend  to  six 
months or” and the expression “or with both”, the expression “with fine which shall not be less than ten thousand 
rupees” shall be substituted, and 

(b) After  sub-section (1) as so amended, the  following proviso shall be  inserted, namely:-“Provided that, in a 
case  of  contravention  of  the  provision  of  section  39  or  of  any  condition  of  the  permit  relating  to  the  maximum 
number  of  passengers  or  maximum  weight  of  luggage  that  may  be  carried  on  the  vehicle,  the  court  may  for  any 
adequate  or  special  reason  to  be  mentioned  in  the  judgment,  impose  a  fine  less  than  that  laid  down  in  this  sub-
section.” 

[Vide Rajasthan Act 2 of 1993, s. 2] 
192A.  Using  vehicle  without  permit.—(1)  Whoever  drives  a  motor  vehicle  or  causes  or  allows  a 
motor  vehicle  to  be  used  in  contravention  of  the  provisions  of  sub-section  (1)  of  section  66  or  in 
contravention  of  any  condition  of  a  permit  relating  to  the  route  on  which  or  the  area  in  which  or  the 
purpose for which the vehicle may be used, shall be punishable for the first offence with 4[imprisonment 
for a term which may extend to six months and] a fine 5[of ten thousand rupees] and for any subsequent 
offence with imprisonment which may extend to one year but shall not be less than  6[six months] or with 
fine 7[of ten thousand rupees] or with both: 

Provided that the court may for reasons to be recorded, impose a lesser punishment. 
(2)  Nothing  in  this  section  shall  apply  to  the  use  of  a  motor  vehicle  in  an  emergency  for  the 
conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for 
the transport of food or materials to relieve distress or of medical supplies for a like purpose: 

1. Subs. by Act 32 of 2019, s. 72, for “which may extend to five thousand rupees” (w.e.f. 1-9-2019). 
2. Subs. by Act 54 of 1994, s. 56, for section 192 (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 74 (w.e.f. 1-10-2020).  
4. Ins. by Act 32 of 2019, s. 75 (w.e.f. 1-9-2019). 
5.  Subs.  by  s.  75,  ibid.,  for,  “which  may  extend  to  five  thousand  rupees  but  shall  not  be  less  than  two  thousand  rupees”  
(w.e.f. 1-9-2019). 
6. Subs. by s. 75, ibid., for “three months” (w.e.f. 1-9-2019). 
7.  Subs.  by  s.  75,  ibid.,  for  “which  may  extend  to  ten  thousand  rupees  but  shall  not  be  less  than  five  thousand  rupees”  
(w.e.f. 1-9-2019). 

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Provided that the person using the vehicle reports about the same to the Regional Transport Authority 

within seven days from the date of such use. 

(3)  The  court  to  which  an  appeal  lies  from  any  conviction  in  respect  of  an  offence  of  the  nature 
specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding 
that no appeal lies against the conviction in connection with which such order was made.] 

1[192B. Offences relating to registration.—(1) Whoever, being the owner of a motor vehicle, fails to 
make  an  application  for  registration  of  such  motor  vehicle  under  sub-section  (1)  of  section  41  shall  be 
punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle 
whichever is higher. 

(2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle 
under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the 
annual road tax or the lifetime tax of the motor vehicle whichever is higher. 

(3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle 
on  the  basis  of  documents  which  were,  or  by  representation  of  facts  which  was,  false  in  any  material 
particular, or the engine number or the chassis number embossed thereon are different from such number 
entered in the certificate of registration shall be punishable with imprisonment for a term which shall not 
be less  than six months but may extend to one year and with fine equal to ten times the amount of the 
annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher. 

(4)  Whoever,  being  a  dealer,  obtains  a  certificate  of  registration  for  such  vehicle  on  the  basis  of 
documents which were, or by representation of facts which was, false in any material particular, or the 
engine  number  or  the  chassis  number  embossed  thereon  are  different  from  such  number  entered  in  the 
certificate of registration shall be punishable with imprisonment for a term which shall not be less than six 
months but may extend to one year and with fine equal to ten times the amount of annual road tax or two-
third the lifetime tax of the motor vehicle, whichever is higher.] 

193. Punishment of 2[agents, canvassers and aggregators] without proper authority.—Whoever 
engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules 
made thereunder shall be punishable for the first offence with fine  3[of one thousand rupees] and for any 
second or subsequent offence with imprisonment which may extend to six months, or with fine  4[of two 
thousand rupees], or with both. 

5[(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of 
any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than 
twenty-five thousand rupees. 

(3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under 
sub-section (1)  of  section 93,  not  designated  by  the State Government  as  a  material  condition,  shall  be 
punishable with fine of five thousand rupees.] 

194.  Driving  vehicle  exceeding  permissible  weight.—6[(1)  Whoever  drives  a  motor  vehicle  or 
causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 
114  or  section  115  shall  be  punishable  with  7***  fine  8[of  twenty  thousand  rupees  and  an  additional 
amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for  
off-loading of the excess load.] 

9[Provided that such motor vehicle shall not be allowed to move before such excess load is removed 

or is caused or allowed to be removed by the person in control of such motor vehicle.] 

1. Ins. by Act 32 of 2019, s. 76 (w.e.f. 1-4-2021). 
2. Subs. by s. 77, ibid., for “agents and canvassers” (w.e.f. 1-4-2021). 
3. Subs. by s. 77, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 
4. Subs. by s. 77, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 
5. Ins. by s. 77, ibid, (w.e.f. 1-4-2021). 
6. Subs. by Act 54 of 1994, s. 57, for sub-section (1) (w.e.f. 14-11-1994). 
7. The word “minimum” omitted by Act 32 of 2019, s. 78 (w.e.f. 1-9-2019). 
8. Subs. by s. 78, ibid., for “of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load” 
(w.e.f. 1-9-2019). 
9. Ins. by s. 78. ibid. (w.e.f. 1-9-2019). 

103 

 
                                                           
9[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such 
motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally 
beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be 
punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading 
of such load: 

Provided  that  such  motor  vehicle  shall  not  be  allowed  to  move  before  such  load  is  arranged  in  a 
manner such that there is no extension of the load laterally beyond the side of the body or to the front or 
to the rear or in height beyond the permissible limit: 

Provided further that nothing in this sub-section shall apply when such motor vehicle has been given 
an exemption by the competent authority authorised in this behalf, by the State Government or the Central 
Government, allowing the carriage of a particular load.] 

(2)  Any  driver  of  a  vehicle  who  refuses  to  stop  and  submit  his  vehicle  to  weighing  after  being 
directed  to  do  so  by  an  officer  authorised  in  this  behalf  under  section  114  or  removes  or  causes  the 
removal  of  the  load  or  part  of  it  prior  to  weighing  shall  be  punishable  with  fine  1[of  forty  thousand 
rupees]. 

2[194A. Carriage of excess passengers.—Whoever drives a transport vehicle or causes or allows a 
transport  vehicle  to  be  driven  while  carrying  more  passengers  than  is  authorised  in  the  registration 
certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be 
punishable with a fine of two hundred rupees per excess passenger: 

Provided that such transport vehicle shall not be allowed to move before the excess passengers are 

off-loaded and an alternative transport is arranged for such passengers. 

194B. Use of safety belts and the seating of children.—(1) Whoever drives a motor vehicle without 
wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one 
thousand rupees: 

Provided  that  the  State  Government,  may  by  notification  in  the  Official  Gazette,  exclude  the 
application of this sub-section to transport vehicles to carry standing passengers or other specified classes 
of transport vehicles. 

(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, 
not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system 
shall be punishable with a fine of one thousand rupees. 

194C.  Penalty  for  violation  of  safety  measures  for  motor  cycle  drivers  and  pillion  riders.—
Whoever  drives  a  motor  cycle  or  causes  or  allows  a  motor  cycle  to  be  driven  in  contravention  of  the 
provisions of section 128 or the  rules or regulations made thereunder shall be punishable with a fine of 
one thousand rupees and he shall be disqualified for holding licence for a period of three months. 

194D. Penalty for not wearing protective headgear.—Whoever drives a motor cycle or causes or 
allows  a  motor  cycle  to  be  driven  in  contravention  of  the  provisions  of  section  129  or  the  rules  or 
regulations  made  thereunder  shall  be  punishable  with  a  fine  of  one  thousand  rupees  and  he  shall  be 
disqualified for holding licence for a period of three months. 

194E.  Failure  to  allow  free  passage  to  emergency  vehicles.—Whoever  while  driving  a  motor 
vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance 
or  other  emergency  vehicle  as  may  be  specified  by  the  State  Government,  shall  be  punishable  with 
imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with 
both. 

194F. Use of horns and silence zones.—Whoever— 

(a) while driving a motor vehicle— 

1. Subs. by Act 32 of 2019, s. 78, for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 
2. Ins. by s. 79, ibid. (w.e.f. 1-9-2019). 

104 

 
                                                           
(i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or 

(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or 

(b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other 

than through the silencer,  

shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine 
of two thousand rupees.] 

195. [Imposition of minimum fine under certain circumstances.]—Omitted by Act The Motor Vehicles 

(Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f. 1-9-2019). 

196.  Driving  uninsured  vehicle.—Whoever  drives  a  motor  vehicle  or  causes  or  allows  a  motor 
vehicle to be driven in contravention of the provisions of section 146 shall be punishable  1[for the first 
offence] with imprisonment which may extend to three months, or with fine 2[of two thousand rupees], or 
with both  1[, and for a subsequent offence shall be punishable with imprisonment for a term which  may 
extend to three months, or with fine of four thousand rupees, or with both.] 

197.  Taking  vehicle  without  authority.—(1)  Whoever  takes  and  drives  away  any  motor  vehicle 
without having either the consent of the owner thereof or other lawful authority shall be punishable with 
imprisonment which may extend to three months or with fine 3[of five thousand rupees], or with both. 

Provided that no person shall be convicted under this section if the Court is satisfied that such person 
acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would 
in the circumstances of the case have given his consent if he had been asked therefor. 

(2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or 
exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three 
months, or with fine 3[of five thousand rupees], or with both. 

(3)  Whoever attempts to commit  any  of the  acts  referred  to in sub-section (1)  or  sub-section  (2)  in 
relation  to  any  motor  vehicle,  or  abets  the  commission  of  any  such  act,  shall  also  be  deemed  to  have 
committed an offence under sub-section (1) or, as the case may be, sub-section (2). 

198.  Unauthorised  interference  with  vehicle.—Whoever  otherwise  than  with  lawful  authority  or 
reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of 
the mechanism of a motor vehicle shall be punishable 4[with fine of one thousand rupees]. 

5[198A. Failure to comply with standards for road design, construction and maintenance.—(1) 
Any  designated  authority,  contractor,  consultant  or  concessionaire  responsible  for  the  design  or 
construction or maintenance of the safety standards of the road shall follow such design, construction and 
maintenance standards, as may be prescribed by the Central Government from time to time. 

(2)  Where  failure  on  the  part  of  the  designated  authority,  contractor,  consultant  or  concessionaire 
responsible  under  sub-section  (1)  to  comply  with  standards  for  road  design,  construction  and 
maintenance,  results  in  death  or  disability,  such  authority  or  contractor  or  concessionaire  shall  be 
punishable  with  a  fine  which  may  extend  to  one  lakh  rupees  and  the  same  shall  be  paid  to  the  Fund 
constituted under section 164B. 

(3)  For  the  purposes  of  sub-section  (2),  the  court  shall  in  particular  have  regard  to  the  following 

matters, namely:— 

(a)  the  characteristics  of  the  road,  and  the  nature  and  type  of  traffic  which  was  reasonably 

expected to use it as per the design of road; 

1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1-9-2019). 
2. Subs. by s. 81, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 
3. Subs. by s. 82, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 
4. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019). 
5. Ins. by s. 84, ibid. (w.e.f. 1-9-2019). 

105 

 
                                                           
(b)  the  standard  of  maintenance  norms  applicable  for  a  road  of  that  character  and  use  by  such 

traffic; 

(c) the state of repair in which road users would have expected to find the road; 

(d) whether the designated authority responsible for the maintenance of the road knew, or could 
reasonably have been expected to know, that the condition of the part of the road to which the action 
relates was likely to cause danger to the road users; 

(e)  whether  the  designated  authority  responsible  for  the  maintenance  of  the  road  could  not 

reasonably have been expected to repair that part of the road before the cause of action arose; 

(f) whether adequate warning notices through road signs, of its condition had been displayed; and 

(g) such other matters as may be prescribed by the Central Government. 

Explanation.—For  the  purposes  of  this  section,  the  term  “contractor”  shall  include  sub-contractors 
and all such persons who are responsible for any stage in the design, construction and maintenance of a 
stretch of road.] 

199.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed, was in charge of, and was responsible 
to, the company, for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  in  this  sub-section  shall  render  any  such  person  liable  to  any  punishment 
provided  in  this  Act,  if  he  proves  that  the  offence  was  committed  without  his  knowledge  or  that  he 
exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a company, and it is proved that the offence was committed with the consent or connivance 
of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the 
company,  such  director,  manager,  secretary  or  other  officer  shall  also  be  deemed  to  be  guilty  of  that 
offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

1[199A.  Offences  by  juveniles.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of 
the contravention and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  in  this  sub-section  shall  render  such  guardian  or  owner  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

Explanation.—For  the  purposes  of  this  section,  the  Court  shall  presume  that  the  use  of  the  motor 
vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor 
vehicle, as the case may be. 

(2) In addition to the penalty under sub-section (1), such guardian or owner shall be punishable with 
imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees. 

(3) The provisions of sub-section (1) and sub-section (2) shall not apply to such guardian or owner if 
the  juvenile  committing  the  offence  had  been  granted  a  learner's  licence  under  section  8  or  a  driving 
licence and was operating a motor vehicle which such juvenile was licensed to operate. 

(4) Where an offence under this Act has been committed by a juvenile, the registration of the motor 

vehicle used in the commission of the offence shall be cancelled for a period of twelve months. 

1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1-9-2019). 

106 

 
                                                           
(5)  Where  an  offence  under  this  Act  has  been  committed  by  a  juvenile,  then,  notwithstanding  
section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or 
a learner's licence under section 8 until such juvenile has attained the age of twenty-five years. 

(6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be 
punishable with such fines as provided in the Act while any custodial sentence may be modified as per 
the provisions of the Juvenile Justice Act, 2000 (56 of 2000). 

199B. Revision of fines.—The fines as provided in this Act shall be increased by such amount not 
exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year 
from the date of commencement of the Motor Vehicles (Amendment) Act, 2019 (32 of 2018), as may be 
notified by the Central Government.] 

200.  Composition  of  certain  offences.—(1)  Any  offence  whether  committed  before  or  after  the 
commencement of this Act 1[punishable under section 177, section 178, section 179, section 180, section 
181,  section  182,  sub-section  (1)  or  sub-section  (3)  or  sub-section  (4)  of  section  182A,  section  182B,  
sub-section  (1)  or  sub-section  (2)  of  section  183,  section  184  only  to  the  extent  of  use  of  handheld 
communication  devices,  section  186,  section  189,  sub-section  (2)  of  section  190,  section  192,  section 
192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, 
section 196, section 198,] may either before or after the institution of the prosecution, be compounded by 
such  officers  or  authorities  and  for  such  amount  as  the  State  Government  may,  by  notification  in  the 
Official Gazette, specify in this behalf: 

2[Provided  that  the  State  Government  may,  in  addition  to  such  amount,  require  the  offender  to 

undertake a period of community service.] 

(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be 

discharged and no further proceedings shall be taken against him in respect of such offence: 

2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be 
a previous commission of the same offence for the purpose of determining whether a subsequent offence 
has been committed: 

Provided  further  that  compounding  of  an  offence  will  not  discharge  the  offender  from  proceedings 
under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the 
obligation to complete community service, if applicable.] 

201. Penalty for causing obstruction to free flow of traffic.—(1) Whoever keeps a 3*** vehicle on 
any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for 
penalty up to 4[five hundred rupees], so long as it remains in that position: 

Provided  that  the  vehicle  involved  in  accidents  shall  be  liable  for  penalty  only  from  the  time  of 

completion of inspection formalities under the law. 

5[Provided  further  that  where  the  vehicle  is  removed  by  6[an  agency  authorised  by  the  Central 
Government or State Government, removal charges] shall be recovered from the vehicle owner or person 
in-charge of such vehicle.] 

7[(2) Penalties or 8[removal charges] under this section shall be recovered by such officer or authority 

as the State Government may, by notification in the Official Gazette, authorise.] 

9[(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown 

and is in the process of being removed.] 

5[Explanation.—For the purposes  of this  section,  “removal  charges” includes  any  costs involved  in 
the  removal  of  the  motor  vehicle  from  one  location  to  another  and  also  includes  any  costs  related  to 
storage of such motor vehicle.] 

1. Subs. by Act 32 of 2019, s. 86, for certain words, figures and brackets (w.e.f. 1-9-2019). 
2. Ins. by s. 86, ibid. (w.e.f. 1-9-2019). 
3. The word “disabled” omitted by s. 87, ibid. (w.e.f. 1-9-2019). 
4. Subs. by s. 87, ibid., for “fifty rupees per hour” (w.e.f. 1-9-2019). 
5. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14-11-1994). 
6. Subs. by Act 32 of 2019, s. 87, for “a Government agency, towing charges” (w.e.f. 1-9-2019). 
7. Subs. by Act 54 of 1994, s. 59, for sub-section (2) (w.e.f. 14-11-1994). 
8. Subs. by Act 32 of 2019, s. 87, for “towing charges” (w.e.f. 1-9-2019). 
9. Ins. by s. 87, ibid. (w.e.f. 1-9-2019). 

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202. Power to arrest without warrant.—(1) A police officer in uniform may arrest without warrant 
any  person  who  in  his  presence  commits  an  offence  punishable  under  section  184  or  section  185  or 
section 197: 

Provided  that  any  person  so  arrested  in  connection  with  an  offence  punishable  under  section  185 
shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 
204 by a registered medical practitioner failing which he shall be released from custody. 

1[(2)  A  police  officer  in  uniform  may  arrest  without  warrant  any  person,  who  has  committed  an 

offence under this Act, if such person refuses to give his name and address.] 

(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances 
so require take or cause to be taken any steps he may consider proper for the temporary disposal of the 
vehicle. 

203. Breath tests.—2[(1) A police officer in uniform or an officer of the Motor Vehicles Department, 
as may be authorised in this behalf by that Department, may require any person driving or attempting to 
drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or 
nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an 
offence under section 185: 

Provided that  requirement  for  breath  test  shall  be  made  (unless,  it  is  made)  as  soon  as  reasonably 

practicable after the commission of such offence.] 

(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has 
any  reasonable  cause  to  suspect  that  the  person  who  was  driving  the  motor  vehicle  at  the  time  of  the 
accident,  had  alcohol  in  his  blood  or  that  he  was  driving  under  the  influence  of  a  drug  referred  to  in 
section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath 
for a breath test:— 

(a) in the case of a person who is at a hospital as an indoor patient, at the hospital, 

(b) in the case of any other person, either at or near the place where the requirement is made, or, 

if the police officer thinks fit, at a police station specified by the police officer: 

Provided that a person shall not be required to provide such a specimen while at a hospital as an 
indoor  patient  if  the  registered  medical  practitioner  in  immediate  charge  of  his  case  is  not  first 
notified  of  the  proposal  to  make  the  requirement  or  objects  to  the  provision  of  a  specimen  on  the 
ground that its provision or the requirement to provide it would be prejudicial to the proper care or 
treatment of the patient. 

(3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on 
any person under sub-section (1) or sub-section (2), that the device by means of which the test has been 
carried  out  indicates  the  presence  of  alcohol  in  the  person’s  blood,  the  police  officer  may  arrest  that 
person without warrant except while that person is at a hospital as an indoor patient. 

(4)  If  a  person,  required  by  a  police  officer  under  sub-section  (1)  or  sub-section  (2)  to  provide  a 
specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to 
suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while 
he is at a hospital as an indoor patient. 

(5)  A  person  arrested  under  this  section  shall  while  at  a  police  station,  be  given  an  opportunityto 

provide a specimen of breath for a breath test there. 

(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible 

in evidence. 

Explanation.—For  the  purposes  of  this  section,  “breath  test”,  means  a  test  for  the  purpose  of 
obtaining  an  indication  of  the  presence  of  alcohol  in  a  person’s  blood  carried  out,  on  one  or  more 

1. Subs. by Act 54 of 1994, s. 60, for sub-section (2) (w.e.f. 14-11-1994). 
2. Subs. by s. 61, ibid., for sub-section (1) (w.e.f. 14-11-1994). 

108 

 
                                                           
specimens  of  breath  provided  by  that  person,  by  means  of  a  device  of  a  type  approved  by  the  Central 
Government, by notification in the Official Gazette, for the purpose of such a test. 

204. Laboratory test.—(1) A person, who has been arrested under section 203 may, while at a police 
station,  be  required  by  a  police  officer  to  provide  to  such  registered  medical  practitioner  as  may  be 
produced by such police officer, a specimen of his blood for a Laboratory test,— 

(a)  it  appears  to  the  police  officer  that  the  device,  by  means  of  which  breath  test  was  taken  in 

relation to such person, indicates the presence of alcohol in the blood of such person, or 

(b)  such  person,  when  given  the  opportunity  to  submit  to  a  breath  test,  has  refused,  omitted  or 

failed to do so: 

Provided  that  where  the  person  required  to  provide  such  specimen  is  a  female  and  the  registered 
medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be 
taken only in the presence of a female, whether a medical practitioner or not. 

(2) A person while at a hospital as an indoor patient may be required by a police officer to provide at 

the hospital a specimen of his blood for a laboratory test:— 

(a)  if  it  appears  to  the  police  officer  that  the  device  by  means  of  which  test  is  carried  out  in 

relation to the breath of such person indicates the presence of alcohol in the blood of such person, or 

(b)  if  the  person  having  been  required,  whether  at  the  hospital  or  elsewhere,  to  provide  a 
specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has 
reasonable cause to suspect him of having alcohol in his blood: 

Provided that a person shall not be required to provide a specimen of his blood for a laboratory test 
under this  sub-section if the  registered  medical  practitioner in  immediate  charge  of  his  case  is not first 
notified  of  the  proposal  to  make  the  requirement  or  objects  to  the  provision  of  such  specimen  on  the 
ground  that  its  provision  or  the  requirement  to  provide  it  would  be  prejudicial  to  the  proper  care  or 
treatment of the patient. 

(3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence. 

Explanation.—For the purposes of this section, “laboratory test” means the analysis of a specimen of 
blood made at a laboratory established, maintained or recognised by the Central Government or a State 
Government. 

205. Presumption of unfitness to drive.—In any proceeding for an offence punishable under section 
185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, 
omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a 
specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause 
therefor  is  shown,  be  presumed  to  be  a  circumstance  supporting  any  evidence  given  on  behalf  of  the 
prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that 
time. 

206.  Power  of  police  officer  to  impound  document.—(1)  Any  police  officer  or  other  person 
authorised in this behalf by the State Government may, if he has reason to believe that any identification 
mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance 
or  other  document  produced  to  him  by  the  driver  or  person  in  charge  of  a  motor  vehicle  is  a  false 
document  within  the  meaning  of section  464  of  the  Indian  Penal  Code  (45 of 1860), seize  the  mark  or 
document and call upon the driver or owner of the vehicle to account for his possession of or the presence 
in the vehicle of such mark or document. 

(2) Any police officer or other person authorised in this behalf by the State Government may, if he 
has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act 
may  abscond  or  otherwise  avoid  the  service  of  a  summons,  seize  any  licence  held  by  such  driver  and 
forward it to the Court taking cognizance of the offence and the said Court shall on the first appearance of 

109 

 
such  driver  before  it,  return  the  licence  to  him  in  exchange  for  the  temporary  acknowledgment  given 
under sub-section (3). 

(3) A police officer or other person seizing a licence under sub-section (2) shall give to the person 
surrendering the licence a temporary acknowledgment therefor and such acknowledgment shall authorise 
the holder to drive until the licence has been returned to him or until such date as may be specified by the 
police officer or other person in the acknowledgment, whichever is earlier: 

Provided that if any magistrate, police officer or other person authorised by the State Government in 
this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been, returned 
to the holder thereof before the date specified in the acknowledgment for any reason for which the holder 
is  not  responsible,  the  magistrate,  police  officer  or  other  person,  as  the  case  may  be,  may  extend  the 
period of authorization to drive to such date as may be specified in the acknowledgment. 

1[(4) A police officer or other person authorised in this behalf by the State Government shall, if he has 
reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 
184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to 
the licensing authority for disqualification or revocation proceedings under section 19: 

Provided  that  the  person  seizing  the  licence  shall  give  to  the  person  surrendering  the  licence  a 
temporary  acknowledgement  therefor,  but  such  acknowledgement  shall  not  authorise  the  holder 
to drive until the licence has been returned to him.] 

207. Power to detain vehicles used without certificate of registration permit, etc.—(1) Any police 
officer or other person authorised in this behalf by the State Government may, if he has reason to believe 
that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 
or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any 
condition of such permit relating to the route on which or the area in which or the purpose for which the 
vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or 
cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: 

Provided that where any such officer or person has reason to believe that a motor vehicle has been or 
is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) 
of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and 
shall issue an acknowledgment in respect thereof. 

(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in 
charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by 
the  State  Government  together  with  the  relevant  documents  for  the  release  of  the  vehicle  and  such 
authority or officer may, after verification of such documents, by order release the vehicle subject to such 
conditions as the authority or officer may deem fit to impose. 

Rajasthan 

STATE AMENDMENT 

Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section 
207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” 
as  occurring  between  the  expression  “Section  3  or  section  4”  and  the  expression  “he  may”  shall  be 
deleted. 

[Vide  Rajasthan Act 2 of 1993, s. 3]. 

208. Summary disposal of cases.—(1) The Court taking cognizance of any offence (other than an 

offence which the Central Government may by rules specify in this behalf) under this Act,— 

(i) may, if the offence is an offence punishable with imprisonment under this Act; and 

(ii) shall, in any other case,  

1. Ins. by Act 32 of 2019, s. 88 (w.e.f. 1-10-2020). 

110 

 
                                                           
state upon the summons to be served on the accused person that he— 

(a) may appear by pleader or in person; or 

(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit 
to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for 
the  offence)  as  the  Court  may  specify,  and  the  plea  of  guilt  indicated  in  the  money  order  coupon 
itself: 

Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state 
upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in 
clause (b) and shall forward his driving licence to the Court with his letter containing such plea. 

(2)  Where  the  offence  dealt  with  in  accordance  with  sub-section  (1)  is  an  offence  specified  by  the 
Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person 
pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, 
make an endorsement of such conviction on his driving licence. 

(3) Where an accused person pleads guilty and remits the sum specified and  has complied with the 
provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in 
respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the 
contrary contained in this Act, to be disqualified for holding or obtaining a licence by reason of his having 
pleaded guilty. 

209. Restriction on conviction.—No person prosecuted for an offence punishable under section 183 

or section 184 shall be convicted unless— 

(a)  he  was  warned  at the time  the  offence  was  committed that  the  question  of  prosecuting  him 

would be taken into consideration, or 

(b) within fourteen days from the commission of the offence, a notice specifying the nature of the 
offence and the time and place where it is alleged to have been committed was served on or sent by 
registered  post  to  him  or  the  person  registered  as  the  owner  of  the  vehicle  at  the  time  of  the 
commission of the offence, or 

(c) within twenty-eight days of the commission of the offence, a summons for the offence was 

served on him: 

Provided that nothing, in this section shall apply where the Court is satisfied that— 

(a) the failure to serve the notice or summons referred to in this sub-section was due to the fact 
that neither the name and address of the accused nor the name and address of the registered owner of 
the vehicle could with reasonable diligence have been ascertained in time, or 

(b) such failure was brought about by the conduct of the accused. 

210.  Courts  to  send  intimation  about  conviction.—Every  Court  by  which  any  person  holding  a 
driving licence is convicted of an offence under this Act or of an offence in the commission of which a 
motor vehicle was used, shall send intimation to— 

(a) the licensing authority which issued the driving licence, and 

(b) the licensing authority by whom the licence was last renewed,  

and  every  such  intimation  shall  state  the  name  and  address  of  the  holder  of  the  licence,  the  licence 
number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for 
the same and such other particulars as may be prescribed. 

1[210A.  Power  of  State  Government  to  increase  penalties.—Subject  to  conditions  made  by  the 
Central  Government,  a  State  Government,  shall,  by  notification  in  the  Official  Gazette,  specify  a 
multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such 

1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019). 

111 

 
                                                           
modified fine, shall be in force in such State and different multipliers may be applied to different classes 
of motor vehicles as may be classified by the State Government for the purpose of this section. 

210B.  Penalty  for  offence  committed  by  an  enforcing  authority.—Any  authority  that  is 
empowered  to  enforce  the provisions of this  Act  shall, if such  authority  commits  an  offence  under  this 
Act, shall be liable for twice the penalty corresponding to that offence under this Act. 

210C.  Power  of  Central Government  to make  rules.—The  Central  Government  may  make  rules 

for— 

(a) design, construction and maintenance standards for National highways; 

(b) such other factors as may be taken into account by the Court under sub-section (3) of section 

198A; 

(c) any other matter which is, or has to be, prescribed by the Central Government. 

210D.  Power  of  State  Government  to  make  rules.—The  State  Government  may  make  rules  for 
design, construction and maintenance standards for roads other than national highways, and for any other 
matter which is, or may be, prescribed by the State Government.] 

CHAPTER XIV 

MISCELLANEOUS 

211.  Power  to  levy  fee.—Any  rule  which  the  Central  Government  or  the  State  Government  is 
empowered  to  make  under  this  Act  may,  notwithstanding  the  absence  of  any  express  provision  to  that 
effect,  provide  for  the  levy  of  such  fees  in  respect  of  applications,  amendment  of  documents,  issue  of 
certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply 
of statistics or copies of documents or orders and for any other purpose or matter involving the rendering 
of  any  service  by  the  officers  or  authorities  under  this  Act  or  any  rule  made  thereunder  as  may  be 
considered necessary: 

Provided  that  the  Government  may,  if  it  considers  necessary  so  to  do,  in  the  public  interest,  by 
general or special order, exempt any class of persons from the payment of any such fee either in part or in 
full. 

1[211A. Use of electronic forms and documents.—(1) Where any provision of this Act or the rules 

and regulations made there under provide for— 

(a) the  filing  of  any  form,  application  or  any  other  document  with  any  office, authority,  body  or 
agency  owned  or  controlled  by  the  Central  Government  or  the  State  Government  in  a  particular 
manner; 

(b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name 

called in a particular manner; or 

(c)  the  receipt  or  payment  of  money  in  a  particular  manner, then  notwithstanding  anything 
contained  in  such  provision,  such  requirement  shall be  deemed  to  have  been  satisfied if  such  filing, 
issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as 
may be prescribed by the Central Government or the State Government, as the case may be. 

(2)  The  Central  Government  or  the  State  Government  shall,  for  the  purpose  of  sub-section  (1), 

prescribe— 

(a) the manner and format in which such electronic forms and documents shall be filed, created or 

issued; and 

(b)  the  manner  or  method  of  payment  of  any  fee  or  charges  for  filing,  creation  or  issue  of  any 

electronic document under clause (a).] 

212. Publication, commencement and laying of rules and notifications.—(1) The power to make 

rules under this Act is subject to the condition of the rules being made after previous publication. 

1. Ins. by Act 32 of 2019, s. 90 (w.e.f. 1-10-2020).  

112 

 
 
                                                           
(2)  All rules  made  under  this  Act  shall  be  published in  the  Official  Gazette,  and  shall  unless  some 

later date is appointed, come into force on the date of such publication. 

(3) Every rule made by any State Government shall be laid, as soon as may be after it is made before 

the State Legislature. 

(4) Every rule made by the Central Government under this  Act, every scheme made by the Central 
Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification 
issued  by  the  Central  Government  under  sub-section  (4)  of  section  41,  sub-section  (1)  of  section  58, 
sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) 
of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as 
may be after it is made, before each House of Parliament while it is in session for a total period of thirty 
days  which  may  be  comprised in  one  session  or in  two  or  more  successive  sessions,  and if,  before the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or 
scheme should not be made or the notification should not be issued, the rule, scheme or notification shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule, scheme or notification. 

1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as 
may be after it is made, before each House of the State Legislature where it consists of two Houses, or 
where such Legislature consists of one House, before that House, while it is in session for a total period of 
thirty days which may be comprised in one session or in two or more successive sessions, and if, before 
the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  the 
House agrees or both Houses agree, as the case may be, in making any modification in the notification or 
the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 
notification shall thereafter have effect only in such modified form or be of no effect as the case may be; 
so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that notification.] 

213. Appointment of motor vehicles officers.—(1) The State Government may, for the purpose of 
carrying  into  effect  the  provisions  of  this  Act,  establish  a  Motor  Vehicles  Department  and  appoint  as 
officers thereof such persons as it thinks fit. 

(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal 

Code (45 of 1860). 

(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles 
Department of their functions and in particular and without prejudice to the generality of the foregoing 
power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the 
duties  to  be  performed  by  them,  the  powers  (including  the  powers  exercisable  by  police  officers  under 
this Act) to be exercised by them, and the conditions governing the exercise of such powers. 

(4)  The  Central  Government  may,  having  regard  to  the  objects  of  the  Act,  by  notification  in  the 
Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall 
possess for being appointed as such. 

(5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department 
under  sub-section  (3), such  officer  as  may  be  empowered  by  the  State  Government  in  this  behalf  shall 
also have the power to,— 

(a)  make  such  examination  and  inquiry  as  he  thinks  fit  in  order  to  ascertain  whether  the 

provisions of this Act and the rules made thereunder are being observed; 

1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019). 
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 
3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). 

113 

 
                                                           
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in 
the occupation of a person who, he has reason to believe, has committed an offence under this Act or 
in which a motor vehicle in respect of which such offence has been committed is kept: 

Provided that,— 

(i)  any  such  search  without  a  warrant  shall  be  made  only  by  an  officer  of  the  rank  of  a 

gazetted officer; 

(ii) where the offence is punishable with fine only the search shall not be made after sunset 

and before sunrise; 

(iii) where the search is made without a warrant, the gazetted officer concerned shall record 
in writing the grounds for not obtaining a warrant and report to his immediate superior that such 
search has been made; 

(c) examine any person and require the production of any register or other document maintained 
in pursuance of this Act, and take on the spot or otherwise statements of any person which he may 
consider necessary for carrying out the purposes of this Act; 

(d)  seize  or  take  copies  of  any  registers  or  documents  or  portions  thereof  as  he  may  consider 

relevant in respect of an offence under this Act which he has reason to believe has been committed;  

(e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring 

the attendance of the offender before any court; 

(f) exercise such other powers as may be prescribed: 

Provided  that no  person shall  be  compelled  under this  sub-section  to answer  any  question or  make 

any statement tending to incriminate himself. 

(6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply 
to any search or seizure under this section as they apply to any search or seizure under the authority of 
any warrant issued under section 94 of that Code. 

214. Effect of appeal and revision on orders passed by original authority.—(1) Where an appeal 
has been preferred or an application for revision has been made against any order passed by an original 
authority under this Act, the appeal or the application for revision shall not operate as a stay of the order 
passed by the original authority and such order shall remain in force pending the disposal of the appeal or 
the  application  for  revision,  as  the  case  may  be,  unless  the  prescribed  appellate  authority  or  revisional 
authority otherwise directs. 

(2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the 
renewal of permit has been rejected by the original authority and such person has preferred an appeal or 
made an application for revision under this Act against such rejection, the appellate authority or, as  the 
case  may  be,  the  revisional  authority  may  by  order  direct  that  the  permit  shall,  notwithstanding  the 
expiration of the term specified therein, continue to be valid until the appeal or application for revision is 
disposed of. 

(3) No order made by a competent authority under this Act shall be reversed or altered on appeal or 
revision  on  account  of  any  error,  omission  or  irregularity  in  the  proceedings,  unless  it  appears  to  the 
prescribed  appellate  authority  or  revisional  authority,  as  the  case  may  be,  that  such  error,  omission  or 
irregularity has, in fact, occasioned a failure of justice. 

215. Road Safety Councils and Committees.—(1) The Central Government may, by notification in 
the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman 
and such other members as that Government considers necessary and on such terms and conditions as that 
Government may determine. 

(2) A State Government may, by notification in the Official Gazette, constitute for the State a State 
Road  Safety  Council  consisting  of  a  Chairman  and  such  other  members  as  that  Government  considers 
necessary and on such terms and conditions as that Government may determine. 

114 

 
(3) A State Government may, by notification in the Official Gazette, constitute District Road Safety 
Committee  for  each  district  in  the  State  consisting  of  a  Chairman  and  such  other  members  as  that 
Government considers necessary and on such terms and conditions as that Government may determine. 

(4) The Councils and Committees referred to in this section shall discharge such functions relating to 
the  road  safety  programmes  as  the  Central  Government  or  the  State  Government,  as  the  case  may  be, 
may, having regard to the objects of the Act, specify. 

1[215A.  Power  of  Central  Government  and  State  Government  to  delegate.—Notwithstanding 

anything contained in this Act,— 

(a)  the  Central  Government  shall  have  the  power  to  delegate  any  power  or  functions  that  have 
been conferred upon it by the Act to any public servant or public authority and authorise such public 
servant or public authority to discharge any of its powers, functions and duties under this Act; 

(b) the State Government shall have the power to delegate any power or functions that have been 
conferred  upon  it  by  the  Act  to  any  public  servant  or  public  authority  and  authorise  such  public 
servant or public authority to discharge any of its powers, functions and duties under this Act. 

215B.  National  Road  Safety  Board.—(1)  The  Central  Government  shall,  by  notification  in  the 
Official  Gazette,  constitute  a  National  Road  Safety  Board  consisting  of  a  Chairman,  such  number  of 
representatives from the State Governments, and such other members as it may consider necessary and on 
such terms and conditions as may be prescribed by the Central Government. 

(2) The National Board shall render advice to the Central Government or State Government, as the 
case may be, on all aspects pertaining to road safety and traffic management  including, but not limited 
to,— 

(a)  the  standards  of  design,  weight,  construction,  manufacturing  process,  operation  and 

maintenance of motor vehicles and of safety equipment; 

(b) the registration and licensing of motor vehicles; 

(c) the formulation of standards for road safety, road infrastructure and control of traffic; 

(d) the facilitation of safe and sustainable utilisation of road transport ecosystem; 

(e) the promotion of new vehicle technology; 

(f) the safety of vulnerable road users; 

(g) programmes for educating and sensitising drivers and other road users; and 

(h) such other functions as may be prescribed by the Central Government from time to time. 

215C.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may  make 

rules for the purposes of carrying into effect the provisions of this Chapter. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, 
permit,  sanction,  approval  or  endorsements  and  the  receipt  or  payment  of  money  as  referred  to  in 
section 211A; 

(b)  the  minimum  qualifications  which  the  Motor  Vehicles  Department  officers  or  any  class 
thereof  shall  be  required  to  possess  for  appointment  as  such,  as  referred  to  in  sub-section  (4)  of 
section 213; 

(c)  the  terms  and  conditions  of  appointment  of  Chairman  and  Members  of  the  National  Road 

Safety Board under sub-section (1) of section 215B; 

(d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; 

and 

1. Ins. by Act 32 of 2019, s. 92 (w.e.f. 1-9-2019). 

115 

 
                                                           
(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules by the Central Government. 

215D. Power of State Government to make rules.—(1) The State Government may make rules for 
the  purposes  of  carrying  into  effect,  the  provisions  of  this  Chapter,  other  than  the  matters  specified  in 
section 215C. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, 
permit,  sanction,  approval  or  endorsements  and  the  receipt  or  payment  of  money  as  referred  to  in 
section 211A; 

(b) the  duties and functions  of the  officers  of the Motor Vehicle  Department,  the  powers  to be 
exercised by such officers (including the powers exercisable by police officers under this Act) and the 
conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to 
which they shall be subordinate as referred to in sub-section (3) of section 213; 

(c)  such  other  powers  as  may  be  exercised  by  officers  of  the  Motor  Vehicles  Department  as 

referred to in clause (f) of sub-section (5) of section 213; and 

(d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules by the State Government.] 

216. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing 
the difficulty: 

Provided that no such order shall be made after the expiry of a period of three years from the date of 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

217. Repeal and savings.—(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding 
to that Act in force in any State immediately before the commencement of this Act in that State (hereafter 
in this section referred to as the repealed enactments) are hereby repealed. 

(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,— 

(a)  any  notification,  rule,  regulation,  order  or  notice  issued,  or  any  appointment  or  declaration 
made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, 
cancellation or any other thing done, or any other action taken under the repealed enactments, and in 
force  immediately  before  such  commencement  shall,  so  far  as  it  is  not  inconsistent  with  the 
provisions  of  this  Act,  be  deemed  to  have  been  issued,  made,  granted,  done  or  taken  under  the 
corresponding provision of this Act; 

(b)  any  certificate  of  fitness  or  registration  or  licence  or  permit  issued  or  granted  under  the 
repealed  enactments  shall  continue  to  have  effect  after  such  commencement  under  the  same 
conditions and for the same period as if this Act had not been passed; 

(c) any document referring to any of the repealed enactments or the provisions thereof, shall be 

construed as referring to this Act or to the corresponding provision of this Act; 

(d) the assignment of distinguishing marks by the registering authority and the manner of display 
on  motor  vehicles  in  accordance  with  the  provision  of  the  repealed  enactments  shall,  after  the 
commencement of this Act, continue to remain in force until a notification under sub-section (6) of 
section 41 of this Act is issued; 

(e) any scheme made under section 68C of the Motor Vehicles Act, 1939 (4 of 1939) or under the 
corresponding law, if any, in force in any State and pending immediately before the commencement 
of this Act shall be disposed of in accordance with the provisions of section 100 of this Act; 

116 

 
(f)  the  permits  issued  under  sub-section  (1A)  of  section  68F  of  the  Motor  Vehicles  Act,  1939 
(4 of 1939), or under the corresponding provision, if any, in force in any State immediately before the 
commencement of this Act shall continue to remain in force until the approved scheme under Chapter 
VI of this Act is published. 

(3)  Any  penalty  payable  under  any  of  the  repealed  enactments  may  be  recovered  in  the  manner 
provided by or under this Act, but without prejudice to any action already taken for the recovery of such 
penalty under the repealed enactments. 

(4) The mention of particular matters in this section shall not be held to prejudice or affect the general 
application  of  section  6  of  the  General  Clauses  Act,  1897  (10  of  1897),  with  regard  to  the  effect  of 
repeals. 

1[217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles 
Act, 1939.—Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in 
that sub-section, any certificate of fitness or registration or licence or permit issued or granted under the 
said enactments may be renewed under this Act.] 

1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11-8-2000). 

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1[THE FIRST SCHEDULE] 

(See sections 116 and 119) 

TRAFFIC SIGNS 

Part A.—Mandatory Signs 

Notes—(1) The figure 20 is given merely as an example. The actual figures will be as prescribed in each case where this sign is used. 

(2) The general design of the post is given for guidance. 
(3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicle, the class or classes will be specified 
on the “definition plate”. Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is or is to be 
imposed on vehicles of a certain class or classes, the general speed limit will be specified on the disc and the special speed limit together 
with the class or classes of vehicle to which it applies, will be specified on the “definition plate”. 
(4) The paints to be used on the traffic signs should be of reflecting kind.  

1. The Schedule renumbered as the First Schedule thereof by Act 54 of 1994, s. 63 (w.e.f. 14-11-1994). 

118 

 
 
 
 
                                                           
119 

 
 
 
 
 
 
 
Note.—Sign  NO.5  as  here  set  forth  may  be  amplified  by  instructions  inscribed  upon  a  definition  plate  placed  below  it  as  in  the  general 
arrangement set forth in sign No. 1 of this Part. Upon the definition plate may be set forth the times during which parking is prohibited. 
In like manner an arrow-head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road 
lying to the side of the sign to which the arrow-head points.  

120 

 
 
 
 
121 

 
 
 
The signs of this Part shall be used in conjunction with a red triangular plate, the centre of which shall be either bollow or painted white, in 

the manner indicated in the general design reproduced below. 

Part B.—Cautionary Signs 

122 

 
 
 
 
 
123 

 
 
 
 
124 

 
 
 
 
 
 
 
 
 
125 

 
 
 
 
 
 
Part C.—Informatory Signs 

126 

 
 
 
 
 
127 

 
 
 
 
 
 
 
 
 
 
 
1[THE SECOND SCHEDULE.—[Schedule for compensation for third party fatal accidents/injury cases 
claims] Omitted by the Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 93 (w.e.f. 1-4-2022).]  

1. Subs. by S.O. 2022(E), for the Second Schedule (w.e.f. 22-5-2018). 

128 

 
 
 
 
                                                           
