• Bare Act: Motor Vehicles Act, 1988

  • 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  date1*  as  the  Central  Government may,  by notification in the Official Gazette, appoint; and  different dates may be appointed for different State 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  the  context  otherwise requires,--

    1. "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;
    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's  licence" means  the licence  issued  by  a competent authority  under Chapter  III  authorising  the  person specified therein to act as a conductor; 1.   1. 1-7-1989,  vide Notification No. S.O. 368(E), dated 22-5-1989, Gazette of India, Extra ordinary, 1989, Pt. II; Sec. 3(ii).
    7. "contract  carriage" means  a motor  vehicle which  carries a  passenger or 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--
    1. on  a time  basis, whether  or not with reference to any route or distance; or
    2. 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. a maxicab; and

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

    1. "dealer" includes a person who is engaged--
    1. in the manufacture of motor vehicles; or
    2. in building bodies for attachment to chassis; or
    3. in the repair of motor vehicles; or
    4. in  the business  of  hypothecation,  leasing  or  hire-purchase of motor vehicle;
    1. "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. "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;
    3. "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;
    4. "fares"  includes sums  payable for  a season  ticket or  in respect of the hire of a contract carriage;
    5. "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;
    6. "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;
    7. "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;
    8. "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;
    9. "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;
    10. "invalid  carriage" means a motor vehicle specially designed and constructed,  and not  merely, adapted,  for the  use of  a person suffering from  some physical defect or disability, and used solely by or for such a person;
    11. "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;
    12. "licensing  authority" means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III;
    13. (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 7,500 kilograms;
    14. "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;
    15. "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle;
    16. "medium  passenger motor  vehicle" means  any public service vehicle or  private service  vehicle, or  educational institution  bus other than  a motor  cycle, invalid  carriage, light  motor vehicle or heavy passenger motor vehicle;
    17. "motorcab" means any motor vehicle constructed or adapted to carry not  more than  six passengers  excluding the driver for hire or reward;
    18. "motor  car" means  any motor vehicle other than a transport vehicle,  omnibus,   road-roller,  tractor,  motor  cycle  or  invalid carriage;
    19. "motor  cycle" means  a two-wheeled motor vehicle, inclusive of any  detachable side-car  having an  extra wheel,  attached to  the motor vehicle;
    20. "motor   vehicle"  or   "vehicle"  means  any  mechanically propelled vehicle adapted for use upon roads whether the power of 1    Subs. & ins. by Act. 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  thirty-five  cubic centimetres;
    21. "omnibus"  means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;
    22. "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;
    23. "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;
    24. "prescribed" means prescribed by rules made under this Act;
    25. "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;
    26. "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;
    27. "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;
    28. "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;
    29. "registering  authority" means  an  authority  empowered  to register motor vehicles under Chapter IV;
    30. "route"  means a  line of travel which specifies the highway which may  be traversed  by a  motor vehicle  between one terminus and another;
    31. "semi-trailer"  means a trailer drawn by a motor vehicle and so constructed  that a  part of  it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;
    32. "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;
    33. "State  Government" in  relation to  a Union territory means the  Administrator   thereof  appointed   under  article  239  of  the Constitution;
    34. "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.

    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. "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;
    2. "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;
    3. "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;
    4. "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle;
    5. "transport  vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;
    6. "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 unlade weight of the vehicle means  the weight  of  the  vehicle  with  the  heaviest  such alternative part or body;
    7. "weight"  means the  total weight  transmitted for  the time being by  the wheels  of a vehicle to the surface on which the vehicle rests,

    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 to drive the vehicle.

    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.

    1. 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.
    2. 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.
    3. 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.

    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.
    3. Any  registering authority  may order  the examination  of  a motor vehicle  within its  jurisdiction by such authority as the State Government may  be 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.
    6. A registering authority canceling the registration of 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.

    57. Appeals. 

    1. Any  owner of  a motor  vehicle aggrieved by an order of  refusal under  section 45 to register a motor vehicle or to renew to  certificate of registration in  respect of  a motor vehicle (other than  a transport  vehicle) or  under section  48 to issue a no objection certificate  or under section 50 to enter the particulars of the transfer of ownership in the certificate of registration  or under  sub-section (1)  of section  56 to  issue a certificate of  fitness or  by an order of suspension under section 53 or cancellation  under section  54 or  section 55 or by  an order  of cancellation under  sub-section (4)  of section  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 passes such orders as it thinks fit.

    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 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.

    94. Bar  on jurisdiction  of Civil  Courts.

    No  Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit 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, shall be entertained by any Civil Court.

    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.

    145. Definitions. In this Chapter,--

    1. "authorised insurer" means an insurer for the time being carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972, (57 of 1972.) and any Government  insurance fund authorised to do general insurance business under that Act;
    2. "certificate of insurance" means a certificate issued by an authorised  insurer in pursuance of sub-section (3) 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;
    3. "Liability", wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140;
    4. "Policy   of insurance"   includes   "certificate   of insurance";
    5. "property"  includes goods carried in the motor vehicle, roads, bridges,  culverts,  causeways,  trees,  posts  and  mile-stones;
    6. "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 Chapter;
    7. "Third party" includes the Government.

    152. 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. Where  a person  who is insured under a policy issued for the purposes of  this Chapter  has become  insolvent, or  where,  if  such insured person  is a  company, a  winding up  order has been made or a resolutionfor 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 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. Insolvency of insured persons not to affect liability of insured or claims by third parties.

    Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in  relation to any person insured by the policy of any such event as is mentioned in sub-section (1) or sub-section (2) of section 150 shall,  notwithstanding anything  contained in  this Chapter,  not affect any  liability of  that person  of the  nature referred  to  in clause (b)  of sub-section  (1) of  section 147;  but nothing  in this section shall  affect any  rights against  the insurer conferred under the provisions  of sections 150, 151 and 152 on the person to whom the liability was incurred.

    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.
    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.

    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 section 140. 

    1. 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.
    2. A person shall not be qualified for appointment as a member of a Claims Tribunal unless he--
    1. Is, or has been, a Judge of a High Court, or
    2. Is, or has been, a District Judge, or
    3. Is qualified for appointment as a Judge of a High Court.
    1. 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--
    1. By the person who has sustained the injury; or
    2. By the owner of the property; or
    3. Where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
    4. 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 imp leaded  as respondents  to  the application.

    1. Every  application under sub-section (1) shall be made to the Claims Tribunal  having  jurisdiction  over  the  area  in  which  the accident occurred,  and shall  be in  such form and shall contain such particulars as may be prescribed:

    Provided that  where any claim for compensation under section 140  is made  in such application, the application shall contain a separate statement to  that effect  immediately before  the  signature  of  the applicant.

    1. No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:

    Provided that  the Claims  Tribunal may entertain the application after the  expiry of  the said period of six months but not later than twelve months,  if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

    1. Where  a police  officer has  filed  a  copy  of  the  report regarding an  accident to a Claims Tribunal under this Act, the Claims Tribunal may,  if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.

    167. Option regarding claims for compensation in certain cases.

    Notwithstanding anything  contained in the Workmen's Compensation Act,  (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 section 162 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:

    Provided  that   where  such   application  makes   a  claim  for compensation under  section 140  in respect  of the death or permanent disablement of  any person,  such claim  and any  other claim (whether made in  such application  or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.

    1. 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.
    2. 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 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.

    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--
    1. 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
    2. 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.
    1. No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.
    2. 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).
    3. 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:

    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.

    1. No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees.

    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.

    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 is punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.

    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 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. A police officer in uniform may arrest without warrant:--
    1. any  person who  being required  under the provisions ofthis Act  to give his name and address refuses to do so, or gives a name  or address which the police officer has reason to believe to be false, or
    2. any  person concerned  in an  offence under  this Act or reasonably suspected  in have  been so  concerned if  the  police officer has  reason to  believe that he will abscond or otherwise avoid the service of a summons.
    1. 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.

    209. Restriction on conviction.

    No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted


    1. He was warned at the time the offence was committed that the question   of prosecuting   him   would   be   taken   into consideration, or
    2. 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
    3. 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--

    1. 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
    2. Such failure was brought about by the conduct of the accused.

    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,--
    1. Make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made there under are being observed;
    2. 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,--

    1. any  such search  without a  warrant shall  be made only by an officer of the rank of a gazetted officer;
    2. where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;
    3. 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;
    1. 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;
    2. 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;
    3. 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;
    4. 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.

    1. 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.

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