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THE MOTOR VEHICLES ACT, 1988 |
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What is the Act no. of the Motor Vehicle Act? |
Act no. 59 of 1988 |
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What is the main object stated in the Preamble of the Motor Vehicles Act, 1988? |
The object of the Act is to consolidate and amend the law relating to motor vehicles. |
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On which date was the Motor Vehicles Act, 1988 enacted as per the Preamble? |
The Act was enacted on the 14th day of October, 1988. |
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By which legislative authority was the Motor Vehicles Act, 1988 enacted? |
The Act was enacted by Parliament. |
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In which year of the Republic of India was the Motor Vehicles Act, 1988 enacted? |
The Act was enacted in the Thirty-ninth Year of the Republic of India. |
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CHAPTER-I |
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PRELIMINARY |
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What does Section 1 of the Motor Vehicles Act, 1988 deal with? |
It deals with the short title, extent and commencement of the Act. |
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What is the short title of the Act under Section 1(1)? |
The short title of the Act is the Motor Vehicles Act, 1988. |
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What is the territorial extent of the Motor Vehicles Act, 1988 under Section 1(2)? |
The Act extends to the whole of India. |
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Who is empowered to appoint the date of commencement of the Act under Section 1(3)? |
The Central Government is empowered to appoint the date of commencement. (1st July, 1989) |
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How is the date of commencement of the Act to be notified under Section 1(3)? |
The date of commencement is to be notified by notification in the Official Gazette. |
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Can different commencement dates be appointed under Section 1(3)? |
Yes, different dates may be appointed for different States. |
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How is a reference to the commencement of the Act to be construed in relation to a State under Section 1(3)? |
In relation to a State, it shall be construed as a reference to the coming into force of the Act in that State. |
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What does section 2 deals with? |
Definitions |
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What does “area” under section mean under this Act? |
“Area” means such area as the State Government may specify by notification in the Official Gazette, having regard to the requirements of the relevant provision of this Act. |
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What is an “articulated vehicle”? |
An articulated vehicle is a motor vehicle to which a semitrailer is attached. |
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What is “axle weight”? |
Axle weight means, in relation to an axle of a vehicle, the total weight transmitted by the wheels attached to that axle to the surface on which the vehicle rests. |
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What is a “certificate of registration”? |
A certificate of registration is the certificate issued by a competent authority confirming that a motor vehicle has been duly registered in accordance with Chapter IV of this Act. |
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Who is a “conductor” in relation to a stage carriage? |
A conductor is 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. |
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What is a “conductor’s licence”? |
A conductor’s licence is the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor. |
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What is a “contract carriage”? |
A contract carriage is a motor vehicle which carries passengers for hire or reward under a contract (express or implied) for the use of the vehicle as a whole, entered into by a person with a holder of a permit or an authorised person, either: (a) on a time basis, with or without reference to any route or distance; or (b) from one point to another, and without stopping to pick up or set down passengers not included in the contract during the journey. |
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What vehicles are included in the definition of “contract carriage”? |
The definition includes: (i) a maxicab; and (ii) a motor cab, even if separate fares are charged for its passengers. |
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What does “dealer” include under this Act? |
“Dealer” includes a person engaged in: (b) building bodies for attachment to chassis; (c) repair of motor vehicles; or (d) the business of hypothecation, leasing, or hire-purchase of motor vehicles. |
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Who is considered a “driver”? |
A driver includes, in relation to a motor vehicle drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle. |
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What is a “driving licence”? |
A driving licence is 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. |
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What is an “educational institution bus”? |
An educational institution bus is an omnibus owned by a college, school, or other educational institution and used solely for transporting students or staff of the institution in connection with its activities. |
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What are “fares”? |
Fares include sums payable for a season ticket or in respect of the hire of a contract carriage. |
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What are “goods”? |
Goods include live-stock and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but do not include luggage or personal effects carried in a motor car or trailer attached to a motor car, or the personal luggage of passengers travelling in the vehicle. |
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What is a “goods carriage”? |
A goods carriage is 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. |
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What is “gross vehicle weight”? |
Gross vehicle weight, in respect of any vehicle, is the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle. |
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What is a “heavy goods vehicle”? |
A heavy goods vehicle is any goods carriage whose gross vehicle weight, or a tractor or road-roller whose unladen weight exceeds 12,000 kilograms. |
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What is a “heavy passenger motor vehicle”? |
A heavy passenger motor vehicle is any public service vehicle, private service vehicle, educational institution bus, omnibus, or motor car whose gross vehicle weight or unladen weight exceeds 12,000 kilograms. |
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What is an “invalid carriage”? |
An invalid carriage is a motor vehicle specially designed and constructed, and not merely adapted, for the use of a person with some physical defect or disability, and used solely by or for such a person. |
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What is a “learner’s licence”? |
A learner’s licence is 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. |
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What is a “licensing authority”? |
A licensing authority is an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III. |
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What is a “light motor vehicle”? |
A light motor vehicle is a transport vehicle or omnibus whose gross vehicle weight, or a motor car, tractor, or road-roller whose unladen weight does not exceed 7,500 kilograms. |
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Who is a “manufacturer”? |
A manufacturer is a person engaged in the manufacture of motor vehicles. |
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What is a “maxicab”? |
A maxicab is 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. |
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What is a “medium goods vehicle”? |
A medium goods vehicle is any goods carriage other than a light motor vehicle or a heavy goods vehicle. |
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What is a “medium passenger motor vehicle”? |
A medium passenger motor vehicle is any public service vehicle, private service vehicle, or educational institution bus other than a motorcycle, invalid carriage, light motor vehicle, or heavy passenger motor vehicle. |
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What is a “motorcab”? |
A motorcab is any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward. |
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What is a “motor car”? |
A motor car is any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motorcycle, or invalid carriage. |
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What is a “motor cycle”? |
A motor cycle is a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle. |
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What is a “motor vehicle” or “vehicle”? |
A motor vehicle or vehicle is any mechanically propelled vehicle adapted for use upon roads, whether the power of propulsion is transmitted 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 on fixed rails, a vehicle adapted only for factory or enclosed premises use, or a vehicle with less than four wheels and engine capacity not exceeding 25 cubic centimetres. |
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What is an “omnibus”? |
An omnibus is any motor vehicle constructed or adapted to carry more than six persons excluding the driver. |
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Who is an “owner”? |
An owner is a person in whose name a motor vehicle stands registered; if the person is a minor, the guardian of the minor; in the case of a hire-purchase, lease, or hypothecation agreement, the person in possession of the vehicle under that agreement. |
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What is a “permit”? |
A permit is a document issued by a State or Regional Transport Authority or an authority prescribed under this Act authorising the use of a motor vehicle as a transport vehicle. |
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What does “prescribed” mean? |
“Prescribed” means prescribed by rules made under this Act. |
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What is a “private service vehicle”? |
A private service vehicle is a motor vehicle constructed or adapted to carry more than six persons excluding the driver, ordinarily used by or on behalf of the owner for carrying persons in connection with his trade or business otherwise than for hire or reward, but not including vehicles used for public purposes. |
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What is a “public place”? |
A public place is 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 where passengers are picked up or set down by a stage carriage. |
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What is a “public service vehicle”? |
A public service vehicle is any motor vehicle used or adapted for the carriage of passengers for hire or reward, and includes a maxicab, motorcab, contract carriage, and stage carriage. |
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What is “registered axle weight”? |
Registered axle weight is the axle weight of a vehicle certified and registered by the registering authority as permissible for that axle. |
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What is a “registering authority”? |
A registering authority is an authority empowered to register motor vehicles under Chapter IV. |
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What is a “route”? |
A route is a line of travel specifying the highway which may be traversed by a motor vehicle between one terminus and another. |
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What is a “semi-trailer”? |
A semi-trailer is a vehicle not mechanically propelled (other than a trailer), intended to be connected to a motor vehicle, constructed so that a portion of it is superimposed on, and part of whose weight is borne by, the motor vehicle. |
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What is a “stage carriage”? |
A stage carriage is 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 stages of the journey. |
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Who is the “State Government” in relation to a Union territory? |
In relation to a Union territory, the State Government means the Administrator appointed under Article 239 of the Constitution. |
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What is a “State transport undertaking”? |
A State transport undertaking is any undertaking providing road transport service, 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; (iii) any municipality, corporation, or company owned or controlled by the Central Government or one or more State Governments; or (iv) Zilla Parishad or any other similar local authority. |
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What is meant by “road transport service”? |
Road transport service means a service of motor vehicles carrying passengers, goods, or both by road for hire or reward (as per the Explanation in clause 42). |
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What is a “tourist vehicle”? |
A tourist vehicle is a contract carriage constructed, adapted, equipped, and maintained in accordance with specifications prescribed under this Act. |
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What is a “tractor”? |
A tractor is a motor vehicle not constructed to carry any load (other than equipment used for propulsion), but does not include a road-roller. |
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What are “traffic signs”? |
Traffic signs include all signals, warning sign posts, direction posts, road markings, or other devices used for information, guidance, or direction of motor vehicle drivers. |
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What is a “trailer”? |
A trailer is any vehicle, other than a semi-trailer or a side-car, drawn or intended to be drawn by a motor vehicle. |
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What is a “transport vehicle”? |
A transport vehicle is a public service vehicle, a goods carriage, an educational institution bus, or a private service vehicle. |
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What is “unladen weight”? |
Unladen weight is the weight of a vehicle or trailer including all equipment ordinarily used with it when working, excluding the weight of a driver or attendant; where alternative parts or bodies are used, it is calculated with the heaviest such part or body. |
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What is “weight”? |
Weight means the total weight transmitted at any time by the wheels of a vehicle to the surface on which it rests. |
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What does section 2A deals with? |
E-cart and E-rickshaw |
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Which amendment added the section 2A? |
Ins. by Act 3 of 2015 |
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What is the exception to the general applicability provided under Section 2A(1)? |
The applicability is subject to the proviso to sub-section (1) of section 7 and sub-section (10) of section 9. |
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What type of vehicle is an e-cart or e-rickshaw under Section 2A(2)? |
It is a special purpose battery powered vehicle. |
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What is the maximum power limit prescribed for an e-cart or e-rickshaw under Section 2A(2)? |
The power of the vehicle shall not exceed 4000 watts. |
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How many wheels must an e-cart or e-rickshaw have under Section 2A(2)? |
It must have three wheels. |
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For what purpose are e-cart or e-rickshaw used under Section 2A(2)? |
They are used for carrying goods or passengers, as the case may be, for hire or reward. |
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What manufacturing and maintenance requirements apply to e-cart or e-rickshaw under Section 2A(2)? |
They must be manufactured, constructed or adapted, equipped and maintained in accordance with prescribed specifications. |
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CHAPTER-II |
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LICENSING OF DRIVERS OF MOTOR VEHICLES |
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What does Section 3 of the Motor Vehicles Act, 1988 deal with? |
It deals with the necessity for driving licence |
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What is the general prohibition imposed under Section 3(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. |
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What requirement is prescribed for driving a transport vehicle under Section 3(1)? |
A person shall not drive a transport vehicle unless his driving licence specifically entitles him to do so. |
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Which category of transport vehicles is exempted from the special entitlement requirement under Section 3(1)? |
A motor cab or motorcycle hired for the person’s own use or rented under any scheme made under sub-section (2) of section 75 is exempted. |
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To whom does sub-section (1) not apply under Section 3(2)? |
Sub-section (1) does not apply to a person receiving instructions in driving a motor vehicle. |
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Who is empowered to prescribe the conditions governing the exemption under Section 3(2)? |
The Central Government is empowered to prescribe the conditions. |
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What does Section 4 of the Motor Vehicles Act, 1988 deal with? |
It deals with the age limits in connection with the driving of motor vehicles. |
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What is the general minimum age prescribed under Section 4(1) for driving a motor vehicle in a public place? |
No person under the age of eighteen years shall drive a motor vehicle in any public place. |
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What exception to the minimum age requirement is provided under the proviso to Section 4(1)? |
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. |
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What is the minimum age prescribed under Section 4(2) for driving a transport vehicle? |
No person under the age of twenty years shall drive a transport vehicle in any public place. |
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To which provision is the age restriction under Section 4(2) made subject? |
The age restriction is subject to the provisions of section 18 of the Act. |
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What restriction is imposed on the issuance of learner’s licence or driving licence under Section 4(3)? |
No learner’s licence or driving licence shall be issued unless the applicant is eligible to drive that class of vehicle under this section. |
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What does Section 5 of the Motor Vehicles Act, 1988 deal with? |
It deals with the responsibility of owners or persons in charge of motor vehicles for contravention of sections 3 and 4. |
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On whom does the responsibility under Section 5 lie? |
The responsibility lies on the owner or the person in charge of a motor vehicle. |
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What conduct is prohibited under Section 5? |
Causing or permitting a person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle is prohibited. |
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Which statutory provisions are required to be satisfied by a person driving a vehicle under Section 5? |
The person must satisfy the provisions of section 3 and section 4. |
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What does Section 6 of the Motor Vehicles Act, 1988 deal with? |
It deals with restrictions on the holding driving licences |
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What general restriction is imposed under Section 6(1) regarding holding of driving licences? |
No person shall hold more than one driving licence while holding any driving licence for the time being in force. |
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What exceptions to the restriction on holding multiple licences are provided under Section 6(1)? |
A person may hold a learner’s licence, a driving licence issued in accordance with section 18, or a document authorising driving issued under rules made under section 139. |
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What prohibition is imposed on licence holders under Section 6(2)? |
No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. |
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What power of the licensing authority is preserved under Section 6(3)? |
The licensing authority may add to the classes of vehicles which the driving licence authorises the holder to drive. |
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To which licensing authority does Section 6(3) refer? |
It refers to the licensing authority having jurisdiction as mentioned in sub-section (1) of section 9. |
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What does Section 7 of the Motor Vehicles Act, 1988 deal with? |
It deals with restrictions on the granting of learner’s licences for certain vehicles. |
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What restriction is imposed under Section 7(1) on the grant of a learner’s licence for a transport vehicle? |
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. |
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What prior driving experience is required under Section 7(1) for obtaining a learner’s licence for a transport vehicle? |
The applicant must have held a driving licence to drive a light motor vehicle for a minimum period of one year. |
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To which vehicles does the proviso to Section 7(1) apply? |
The proviso applies to an e-cart or an e-rickshaw. |
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What is the effect of the proviso to Section 7(1)? |
The restriction contained in Section 7(1) does not apply to an e-cart or an e-rickshaw. |
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What age-related restriction is prescribed under Section 7(2) for granting a learner’s licence to drive a motorcycle without gear? |
No person under the age of eighteen years shall be granted a learner’s licence to drive a motorcycle without gear. |
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What condition must be satisfied for granting a learner’s licence to a person under eighteen years under Section 7(2)? |
Written consent of the person having the care of the applicant must be obtained. |
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What does Section 8 of the Motor Vehicles Act, 1988 deal with? |
It deals with the grant of learner’s licences. |
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Who is eligible to apply for a learner’s licence under Section 8(1)? |
Any person who is not disqualified under section 4 and is not for the time being disqualified from holding or obtaining a driving licence. |
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To which authority must an application for a learner’s licence be made under Section 8(1)? |
The application must be made to the licensing authority having jurisdiction. |
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On what basis is the jurisdiction of the licensing authority determined under Section 8(1)? |
Jurisdiction is determined by the area where the applicant ordinarily resides or carries on business, or where the driving school or establishment referred to in section 12 is situated. |
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What statutory provisions govern the application for a learner’s licence under Section 8(1)? |
The application is subject to the provisions of section 7. |
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In what manner must an application for a learner’s licence be made under Section 8(2)? |
It must be made in the prescribed form and accompanied by prescribed documents and fees. |
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Which authority is empowered to prescribe the form, documents and fee under Section 8(2)? |
The Central Government is empowered to prescribe them. |
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What medical requirement is prescribed under Section 8(3) for an application for a learner’s licence? |
The application must be accompanied by a medical certificate in the prescribed form. |
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Who is authorised to sign the medical certificate under Section 8(3)? |
A registered medical practitioner appointed by the State Government or an authorised person notified in the Official Gazette. |
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For which category of vehicles is a medical certificate not required under the proviso to Section 8(3)? |
A medical certificate is not required for a licence to drive a vehicle other than a transport vehicle. |
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When is the licensing authority required to refuse the issue of a learner’s licence under Section 8(4)? |
When the applicant is suffering from a disease or disability likely to cause danger to the public or passengers. |
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What exception is provided under the proviso to Section 8(4)? |
A learner’s licence limited to driving an invalid carriage may be issued if the applicant is fit to drive such carriage. |
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What test-related requirement must be satisfied under Section 8(5)? |
The applicant must pass a prescribed test to the satisfaction of the licensing authority. |
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Under what conditions is the licensing authority required to issue a learner’s licence under Section 8(6)? |
When the application is duly made, the applicant is physically fit, has passed the prescribed test, and is not disqualified under section 4 or otherwise. |
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What discretionary power is given to the licensing authority under the proviso to Section 8(6)? |
It may issue a learner’s licence for a motorcycle or light motor vehicle even if it is not the appropriate licensing authority, for good reasons. |
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What exemption power is conferred on the Central Government under Section 8(7)? |
The Central Government may exempt any class of persons from the requirements of sub-section (3), sub-section (5), or both. |
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In what manner can exemptions under Section 8(7) be granted? |
Exemptions may be granted generally, absolutely, or subject to conditions by rules. |
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What is the effect of Section 8(8) on learner’s licences for motorcycles issued before commencement of the Act? |
Such licences shall be deemed to be effective for driving a motorcycle with or without gear. |
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What does Section 9 of the Motor Vehicles Act, 1988 deal with? |
It deals with the grant of driving licences. |
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Who is eligible to apply for a driving licence under Section 9(1)? |
Any person who is not for the time being disqualified from holding or obtaining a driving licence. |
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To which licensing authority can an application for a driving licence be made under Section 9(1)? |
To the licensing authority having jurisdiction in the area where the applicant ordinarily resides or carries on business, or where the driving school or establishment under Section 12 from which the applicant has received or is receiving instruction is situated. |
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In what manner must an application for a driving licence be made under Section 9(2)? |
In the prescribed form and accompanied by the prescribed fee and documents as specified by the Central Government. |
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What is the general requirement for issuance of a driving licence under Section 9(3)? |
The applicant must pass such test as may be prescribed by the Central Government. |
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In which cases is the test of competence not required under the first proviso to Section 9(3)? |
Where the applicant produces proof that he previously held a driving licence for the same class of vehicle and the gap between expiry and application does not exceed five years, or holds or previously held a licence issued under Section 18, or holds a licence issued by a competent authority of a foreign country, subject to compliance with Section 8(3). |
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What additional condition relating to physical fitness applies under clause (b) of the first proviso to Section 9(3)? |
The applicant must not be suffering from any disability likely to cause danger to the public while driving. |
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What power does the licensing authority have regarding medical certification under Section 9(3)? |
The authority may require the applicant to produce a medical certificate in the same form and manner as referred to in Section 8(3). |
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When may the licensing authority exempt an applicant from the driving test under the second proviso to Section 9(3)? |
When the application is for a driving licence for a non-transport vehicle and the applicant possesses a driving certificate issued by an institution recognised by the State Government. |
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What additional requirement applies when the application is for a licence to drive a transport vehicle under Section 9(4)? |
No authorisation shall be granted unless the applicant possesses the minimum educational qualification prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in Section 12. |
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What happens if an applicant does not pass the driving test under Section 9(5)? |
The applicant may be permitted to re-appear for the test after a period of seven days. |
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What restriction applies if an applicant fails the driving test three times under Section 9(5)? |
The applicant shall not be qualified to re-appear for the test before the expiry of sixty days from the date of the last test. |
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In what type of vehicle must the test of competence to drive be conducted under Section 9(6)? |
The test shall be carried out in a vehicle of the type to which the application refers. |
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What deeming provision applies to motorcycle driving tests under the proviso to Section 9(6)? |
A person who has passed a test for driving a motorcycle with gear is deemed to have passed the test for driving a motorcycle without gear. |
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When is the licensing authority required to issue a driving licence under Section 9(7)? |
When the application has been duly made and the applicant has satisfied the authority of his competence to drive, unless he is disqualified from holding or obtaining a driving licence. |
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When may a licensing authority issue a driving licence despite not being the appropriate authority under the first proviso to Section 9(7)? |
When it is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority, in cases of motorcycle or light motor vehicle licences. |
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What restriction applies where the applicant had previously held a driving licence under the second proviso to Section 9(7)? |
A new driving licence shall not be issued unless the authority is satisfied that there is good and sufficient reason for the applicant’s inability to obtain a duplicate of the former licence. |
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On what grounds may a licensing authority refuse to issue a driving licence under Section 9(8)? |
If the applicant is a habitual criminal, habitual drunkard, habitual addict to narcotic drugs or psychotropic substances, or a person whose licence had been previously revoked. |
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What procedural safeguard must be followed before refusal under Section 9(8)? |
The applicant must be given an opportunity of being heard and reasons for refusal must be recorded in writing. |
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What remedy is available against refusal of licence under Section 9(8)? |
The aggrieved person may appeal to the prescribed authority within thirty days of receipt of the order. |
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What is the effect of Section 9(9) on existing motorcycle driving licences? |
Any licence for driving a motorcycle in force immediately before commencement of the Act shall be deemed effective for driving a motorcycle with or without gear. |
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What special provision applies to driving licences for e-cart or e-rickshaw under Section 9(10)? |
Such licences shall be issued in the manner and subject to the conditions as may be prescribed, notwithstanding anything contained in Section 9. |
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What does Section 10 of the Motor Vehicles Act, 1988 deal with? |
It deals with the form and contents of learner’s licences and driving licences. |
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Which licences are governed by the form and content requirements under Section 10(1)? |
Every learner’s licence and driving licence, except a driving licence issued under section 18, are governed. |
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Who is empowered to prescribe the form of learner’s licences and driving licences under Section 10(1)? |
The Central Government is empowered to prescribe the form. |
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Who is empowered to prescribe the information to be contained in learner’s licences and driving licences under Section 10(1)? |
The Central Government is empowered to prescribe the information. |
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What entitlement must be expressly mentioned in a learner’s licence or driving licence under Section 10(2)? |
It must expressly entitle the holder to drive one or more specified classes of motor vehicles. |
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What class of vehicle is specified under Section 10(2)(a)? |
Motor cycle without gear. |
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What class of vehicle is specified under Section 10(2)(b)? |
Motor cycle with gear. |
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What class of vehicle is specified under Section 10(2)(c)? |
Invalid carriage. |
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What class of vehicle is specified under Section 10(2)(d)? |
Light motor vehicle. |
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What class of vehicle is specified under Section 10(2)(e)? |
Transport vehicle. |
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What class of vehicle is specified under Section 10(2)(i)? |
Road-roller. |
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What type of vehicle is covered under Section 10(2)(j)? |
Motor vehicle of a specified description. |
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What does Section 11 of the Motor Vehicles Act, 1988 deal with? |
It deals with additions to driving license |
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Who may apply for addition of another class or description of motor vehicles under Section 11(1)? |
Any person holding a driving licence who is not disqualified from holding or obtaining a driving licence for another class or description. |
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To whom should an application for addition under Section 11(1) be made? |
To the licensing authority having jurisdiction in the area where the applicant resides or carries on business. |
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In what manner must an application under Section 11(1) be made? |
In the prescribed form and accompanied by prescribed documents and fees. |
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Who prescribes the form, documents, and fees for an application under Section 11(1)? |
The Central Government prescribes them. |
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What is the purpose of an application under Section 11(1)? |
To add another class or description of motor vehicles to the existing driving licence. |
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Which provision governs the procedure for applications under Section 11(2)? |
Section 9 governs the procedure. |
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How is an application under Section 11 treated for procedural purposes under Section 11(2)? |
It is treated as if it were an application for the grant of a driving licence under Section 9. |
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For which vehicles is Section 9 applied under Section 11(2)? |
For the class or description of motor vehicles sought to be added to the licence. |
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Subject to whose rules does Section 11(2) operate? |
It operates subject to rules prescribed by the Central Government. |
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What does Section 12 of the Motor Vehicles Act, 1988 deal with? |
It deals with the licensing and regulation of schools or establishments imparting instruction in driving of motor vehicles. |
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Which authority is empowered to make rules under Section 12(1)? |
The Central Government. |
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For what purpose may the Central Government make rules under Section 12(1)? |
For licensing and regulating, by the State Governments, driving schools or establishments and matters connected therewith. |
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Who carries out the licensing and regulation under rules made under Section 12(1)? |
The State Governments. |
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What does Section 12(2) clarify regarding the rule-making power? |
It clarifies that the specified matters are without prejudice to the generality of the rule-making power. |
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What aspects of licensing can be regulated under Section 12(2)(a)? |
Grant, renewal, and revocation of licences of driving schools or establishments. |
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What power relating to oversight is provided under Section 12(2)(b)? |
Supervision of driving schools or establishments. |
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What procedural matters can be prescribed under Section 12(2)(c)? |
The form of application, form of licence, and particulars to be contained therein. |
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What financial requirement can be prescribed under Section 12(2)(d)? |
The fee payable with the application for licence. |
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What conditions may be prescribed under Section 12(2)(e)? |
Conditions subject to which licences may be granted. |
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What appellate provisions may be provided under Section 12(2)(f)? |
Appeals against refusal to grant or renew licences and against orders revoking licences. |
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What establishment requirements may be regulated under Section 12(2)(g)? |
Conditions for establishing and maintaining driving schools or establishments. |
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What instructional standards may be prescribed under Section 12(2)(h)? |
Nature, syllabus, and duration of courses for efficient driving instruction. |
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What equipment requirements may be prescribed under Section 12(2)(i)? |
Apparatus and equipment including motor vehicles fitted with dual control. |
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What infrastructure standards may be prescribed under Section 12(2)(j)? |
Suitability of premises and facilities to be provided therein. |
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What qualifications may be prescribed under Section 12(2)(k)? |
Educational and professional qualifications, including experience, of driving instructors. |
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What inspection powers are provided under Section 12(2)(l)? |
Inspection of schools, services rendered, and equipment and vehicles used. |
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What record-keeping requirement may be prescribed under Section 12(2)(m)? |
Maintenance of records by driving schools or establishments. |
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What financial aspect may be regulated under Section 12(2)(n)? |
Financial stability of driving schools or establishments. |
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What certification power may be regulated under Section 12(2)(o)? |
Issuance of driving certificates, their form, and conditions for issuing them. |
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What residual power is provided under Section 12(2)(p)? |
Prescription of any other matters necessary to carry out the purposes of the section. |
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What exemption power is provided under Section 12(3)? |
The Central Government may exempt any class of schools or establishments from the provisions of this section. |
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How may exemptions under Section 12(3) be granted? |
Either absolutely or subject to specified conditions by rules. |
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What transitional provision is provided under Section 12(4)? |
Existing driving schools may continue without a licence for one month from commencement of the Act. |
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What condition allows continuation beyond one month under Section 12(4)? |
Filing a prescribed application with particulars and fee within one month. |
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Until when may such schools continue to operate under Section 12(4)? |
Until disposal of the licence application by the licensing authority. |
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What does Section 13 of the Motor Vehicles Act, 1988 deal with? |
It deals with the territorial extent of effectiveness of learner’s licences and driving licences. |
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How far is a learner’s licence effective under Section 13? |
A learner’s licence issued under this Act shall be effective throughout India. |
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How far is a driving licence effective under Section 13? |
A driving licence issued under this Act shall be effective throughout India. |
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What does Section 14 of the Motor Vehicles Act, 1988 deal with? |
It deals with the currency of licences to drive motor vehicles |
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What is the validity period of a learner’s licence under Section 14(1)? |
A learner’s licence shall be effective for six months from the date of issue, subject to other provisions of the Act. |
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What is the general validity period of a driving licence for a transport vehicle under Section 14(2)(a)? |
Three years from the date of issue or renewal. |
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What is the validity period for a driving licence to drive a transport vehicle carrying dangerous or hazardous goods under Section 14(2)(a) proviso? |
One year, and renewal requires the driver to undergo a one-day refresher course of the prescribed syllabus. |
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What is the validity period of a driving licence for other vehicles if the licence holder is under fifty years of age under Section 14(2)(b)(i)? |
Either twenty years from the date of issue or renewal, or until the person attains the age of fifty years, whichever is earlier. |
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What is the validity period of a driving licence for other vehicles if the licence holder is fifty years or older under Section 14(2)(b)(ii)? |
Five years from the date of issue or renewal, on payment of the prescribed fee. |
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What is the effect of expiry on a driving licence under Section 14 proviso? |
Every driving licence continues to be effective for thirty days after expiry. |
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What does Section 15 of the Motor Vehicles Act, 1988 deal with? |
It deals with the renewal of driving licences. |
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Which authority may renew a driving licence under Section 15(1)? |
Any licensing authority may renew a driving licence on application. |
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From which date does a renewed driving licence take effect under Section 15(1) proviso? |
It takes effect from the date of expiry if applied within thirty days; if applied after thirty days, from the date of renewal. |
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What additional requirement is there for renewal of a transport vehicle licence or for applicants aged forty years or more under Section 15(1) second proviso? |
Renewal must be accompanied by a medical certificate in the form referred to in Section 8(3), and Section 8(4) provisions apply. |
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In what form and with what documents must an application for renewal be made under Section 15(2)? |
In the form and with documents prescribed by the Central Government. |
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What is the fee payable for renewal if the application is made before or within thirty days after expiry under Section 15(3)? |
The fee shall be such as prescribed by the Central Government. |
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What is the fee payable if the application for renewal is made after thirty days from expiry under Section 15(4)? |
The fee shall be such amount as prescribed by the Central Government. |
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Can a licensing authority accept the earlier prescribed fee for a late application under Section 15(4) proviso? |
Yes, if it is satisfied that the applicant was prevented by good and sufficient cause from applying within thirty days. |
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What happens if the application for renewal is made more than five years after expiry under Section 15(4) second proviso? |
The licensing authority may refuse renewal unless the applicant passes the competence-to-drive test under Section 9(3). |
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What happens to the fee if the application for renewal is rejected under Section 15(5)? |
The fee paid shall be refunded to the extent and in the manner prescribed by the Central Government. |
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What duty does a renewing authority have if it is different from the issuing authority under Section 15(6)? |
It shall intimate the fact of renewal to the authority which issued the original driving licence. |
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What does Section 16 of the Motor Vehicles Act, 1988 deal with? |
It deals with the revocation of a driving licence on grounds of disease or disability. |
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Under what circumstances may a licensing authority revoke a driving licence under Section 16? |
When the authority has reasonable grounds to believe that the licence holder is unfit to drive due to any disease or disability. |
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What alternative action can a licensing authority take instead of revocation under Section 16? |
The authority may require the licence holder, as a condition of continuing to hold the licence, to produce a medical certificate in the prescribed form. |
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Which form and manner are prescribed for the medical certificate under Section 16? |
The same form and manner as referred to in sub-section (3) of Section 8. |
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What obligation does a licensing authority have if it revokes a licence but is not the issuing authority under Section 16? |
It shall intimate the fact of revocation to the authority which originally issued the licence. |
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What does Section 17 of the Motor Vehicles Act, 1988 deal with? |
It deals with orders refusing or revoking, driving licences and appeals therefrom |
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What actions by a licensing authority are covered under Section 17(1)? |
Refusal to issue a learner’s licence, refusal to issue or renew a driving licence, revocation of a driving licence, and refusal to add a class or description of motor vehicle to a licence. |
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How must a licensing authority communicate its refusal or revocation under Section 17(1)? |
By an order communicated to the applicant or holder in writing, giving the reasons for refusal or revocation. |
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Who may appeal against an order under Section 17(2)? |
Any person aggrieved by the order of the licensing authority. |
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Within what time frame must an appeal be filed under Section 17(2)? |
Within thirty days of service of the order. |
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To whom must the appeal be made under Section 17(2)? |
To the prescribed authority. |
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What procedure must the appellate authority follow under Section 17(2)? |
It must give both the appellant and the authority which made the original order an opportunity to be heard. |
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What is the effect of the appellate authority’s decision under Section 17(2)? |
The decision of the appellate authority is binding on the authority which made the original order. |
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What does Section 18 of the Motor Vehicles Act, 1988 deal with? |
It deals with driving licences for motor vehicles belonging to the Central Government |
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Who may issue driving licences under Section 18(1)? |
Such authority as may be prescribed by the Central Government. |
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Who is eligible for a driving licence under Section 18(1)? |
Persons who have completed their eighteenth year. |
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For what type of vehicles can a licence be issued under Section 18(1)? |
Motor vehicles owned by or under the exclusive control of the Central Government and used for Government purposes related to the defence of the country, unconnected with commercial enterprises. |
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What details must a driving licence issued under Section 18(2) specify? |
The class or description of vehicle and the period for which the holder is entitled to drive. |
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Can a driving licence under Section 18(3) be used to drive other motor vehicles? |
No, it only entitles the holder to drive motor vehicles referred to in Section 18(1). |
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What obligation does the issuing authority have under Section 18(4)? |
At the request of any State Government, the authority must furnish information about any person to whom a driving licence is issued. |
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What does Section 19 of the Motor Vehicles Act, 1988 deal with? |
It deals with the power of the licensing authority to disqualify a person from holding or obtaining a driving licence or to revoke such licence. |
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What procedural safeguard must be followed before action is taken under Section 19(1)? |
The holder of the driving licence must be given an opportunity of being heard. |
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On what ground relating to criminal behaviour can action be taken under Section 19(1)(a)? |
If the licence holder is a habitual criminal or a habitual drunkard. |
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What ground relating to substance abuse is covered under Section 19(1)(b)? |
If the licence holder is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the NDPS Act, 1985. |
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What misuse of a motor vehicle attracts action under Section 19(1)(c)? |
Using or having used a motor vehicle in the commission of a cognizable offence. |
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What conduct as a driver can lead to action under Section 19(1)(d)? |
Previous conduct showing that the person’s driving is likely to be attended with danger to the public. |
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What fraud-related ground is specified under Section 19(1)(e)? |
Obtaining a driving licence or authorisation for a class of vehicle by fraud or misrepresentation. |
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What acts affecting public safety are covered under Section 19(1)(f)? |
Acts likely to cause nuisance or danger to the public, as may be prescribed by the Central Government having regard to the objects of the Act. |
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What failure relating to statutory tests attracts action under Section 19(1)(g)? |
Failure to submit to, or failure to pass, the tests referred to in the proviso to Section 22(3). |
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What ground relating to minors is covered under Section 19(1)(h)? |
Where a person under eighteen years, granted a licence with written consent of the guardian, has ceased to be in such care. |
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What kinds of orders may the licensing authority pass under Section 19(1)(i)? |
An order disqualifying the person for a specified period from holding or obtaining a driving licence for all or specified classes or descriptions of vehicles. |
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What alternative order may be passed under Section 19(1)(ii)? |
Revocation of the driving licence. |
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What is mandatory regarding the licensing authority’s decision under Section 19? |
Reasons for the order must be recorded in writing. |
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What does sub-section (2) of Section 19 of the Motor Vehicles Act, 1988 deal with? |
It deals with the surrender, custody, endorsement, and communication of orders of disqualification or revocation of driving licences. |
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What is the immediate obligation of a licence holder when an order under Section 19(1) is made? |
The holder must forthwith surrender his driving licence to the licensing authority making the order, if it has not already been surrendered. |
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What must the licensing authority do if the surrendered licence was issued under this Act under Section 19(2)(a)? |
The authority shall keep the licence until the period of disqualification has expired or has been removed. |
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What action must be taken if the licence was not issued under this Act under Section 19(2)(b)? |
The authority shall endorse the disqualification on the licence and send it to the licensing authority by which it was issued. |
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What procedure applies in the case of revocation of a licence under Section 19(2)(c)? |
The authority shall endorse the revocation on the licence and, if it is not the issuing authority, intimate the fact of revocation to the authority which issued the licence. |
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What is the effect of the proviso to Section 19(2) where only certain classes of vehicles are affected? |
If the licence authorises driving of more than one class and disqualification is limited to specified classes, the authority shall endorse the disqualification and return the licence to the holder. |
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What right of appeal is provided under Section 19(3)? |
Any person aggrieved by an order under Section 19(1) may appeal to the prescribed authority. |
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Within what time must an appeal under Section 19(3) be filed? |
Within thirty days of receipt of the order. |
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What procedure must the appellate authority follow under Section 19(3)? |
It shall give notice to the licensing authority and hear either party if required. |
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What is the nature of the appellate authority’s decision under Section 19(3)? |
The appellate authority may pass such order as it thinks fit, and its decision shall be final. |
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What does Section 20 of the Motor Vehicles Act, 1988 deal with? |
It deals with the power of a Court to disqualify |
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When may a Court exercise its power of disqualification under Section 20(1)? |
When a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used. |
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Is the power under Section 20(1) independent of other punishments? |
Yes, the Court may order disqualification in addition to imposing any other punishment authorised by law. |
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What is the scope of disqualification that may be ordered under Section 20(1)? |
Disqualification from holding a driving licence to drive all classes or descriptions of vehicles or any specified class or description. |
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What limitation applies in respect of offences under Section 183 under the proviso to Section 20(1)? |
No order of disqualification shall be made for the first or second offence under section 183. |
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In which cases is disqualification mandatory under Section 20(2)? |
Where a person is convicted of an offence under section 132(1)(c), section 134, or section 185. |
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What is the minimum period of disqualification for offences under section 132(1)(c) or section 134 as per Section 20(2)? |
A period of not less than one month. |
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What is the minimum period of disqualification for offences under section 185 as per Section 20(2)? |
A period of not less than six months. |
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When is disqualification ordinarily mandatory under Section 20(3)? |
Unless special reasons are recorded in writing, when a person is again convicted under section 184, or is convicted under section 189 or section 192. |
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What are the maximum limits on the period of disqualification under the proviso to Section 20(3)? |
Up to five years for repeated offence under section 184, up to two years for offence under section 189, and up to one year for offence under section 192. |
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What additional direction may a Court give under Section 20(4) in cases involving section 184? |
The Court may direct that the person remain disqualified until he passes the test of competence to drive under section 9(3) to the satisfaction of the licensing authority. |
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Does the Court’s power under Section 20(4) apply irrespective of prior testing? |
Yes, it applies whether or not the person had previously passed the test of competence. |
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What appellate power is provided under Section 20(5)? |
The appellate Court may set aside or vary an order of disqualification made under Section 20(1). |
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Can the appellate Court act even if no appeal lies against the conviction? |
Yes, the appellate Court may do so notwithstanding that no appeal lies against the conviction. |
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What does Section 21 of the Motor Vehicles Act, 1988 deal with? |
It deals with suspension of a driving licence in certain cases |
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In what circumstances does Section 21(1) apply? |
When a person previously convicted under section 184 is alleged to have again committed dangerous driving causing death or grievous hurt. |
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Who must register the case for Section 21(1) to operate? |
A police officer. |
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What must be alleged in the registered case under Section 21(1)? |
That the person, by dangerous driving referred to in section 184, caused death or grievous hurt to one or more persons. |
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What is the immediate consequence on the driving licence under Section 21(1)? |
The driving licence becomes suspended in relation to the class or description of motor vehicle involved. |
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For what period does the suspension operate under Section 21(1)(a)? |
For six months from the date on which the case is registered. |
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What happens to the suspension if the person is discharged or acquitted before six months? |
The suspension lasts only until such discharge or acquittal, as per Section 21(1)(b). |
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What duty is cast on the police officer under Section 21(2)? |
To bring the fact of suspension to the notice of the Court competent to take cognizance of the offence. |
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What is the obligation of the Court under Section 21(2)? |
The Court shall take possession of the driving licence, endorse the suspension on it, and intimate the licensing authority. |
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Which licensing authority must be informed under Section 21(2)? |
The authority by which the licence was granted or last renewed. |
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What must the Court do if the person is acquitted or discharged under Section 21(3)? |
The Court shall cancel the endorsement regarding suspension on the driving licence. |
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What restriction is imposed on the licence holder under Section 21(4)? |
He shall be debarred from holding or obtaining any licence for the same class or description of motor vehicles during the suspension period. |
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Does the suspension under Section 21 apply to all classes of vehicles? |
No, it applies only to the particular class or description of motor vehicles involved. |
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What does Section 22 of the Motor Vehicles Act, 1988 deal with? |
It deals with suspension or cancellation of a driving licence upon conviction |
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To whom does Section 22(1) apply? |
To a person referred to in section 21(1) who is convicted of causing death or grievous hurt by dangerous driving under section 184. |
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Which authority has the power under Section 22(1)? |
The Court by which the person is convicted. |
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What powers can the Court exercise under Section 22(1)? |
The Court may cancel or suspend the driving licence for such period as it thinks fit. |
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To what extent can the licence be cancelled or suspended under Section 22(1)? |
Only in relation to the class or description of motor vehicle involved. |
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What is the effect of Section 22(2)? |
It mandates cancellation of the driving licence on a second conviction under section 185. |
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Is cancellation under Section 22(2) discretionary or mandatory? |
Mandatory. |
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Which conviction triggers mandatory cancellation under Section 22(2)? |
A subsequent conviction for drunken driving under section 185. |
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What must the Court do when a licence is cancelled or suspended under Section 22(3)? |
Take custody of the licence, endorse cancellation or suspension, and send it to the issuing or renewing authority. |
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What is the duty of the licensing authority upon receiving the endorsed licence? |
To keep it in safe custody and, in case of suspension, return it after expiry of the suspension period on application. |
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What additional conditions apply before return of a suspended licence? |
The holder must pass a fresh driving test under section 9(3) and produce a medical certificate under section 8(3). |
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What is the consequence of cancellation or suspension under Section 22(4)? |
The holder is debarred from holding or obtaining a licence for the same class or description of vehicle during the period. |
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Does Section 22 operate independently of Section 20? |
No, it operates without prejudice to sub-sections (2) and (3) of Section 20. |
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What does Section 23 of the Motor Vehicles Act, 1988 deal with? |
It deals with the effect and consequences of a disqualification order. |
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To whom does Section 23(1) apply? |
To a person against whom a disqualification order is made under section 19 or section 20. |
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What is the effect of a disqualification order under Section 23(1)? |
The person is debarred from holding or obtaining a driving licence to the extent and for the period specified. |
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What happens to an existing driving licence upon a disqualification order? |
The licence ceases to be effective to the extent and during the period of disqualification. |
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Does Section 23 apply to both administrative and court-ordered disqualifications? |
Yes, it applies to disqualifications under sections 19 and 20. |
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What does Section 23(2) provide regarding appeals? |
The operation of a disqualification order under section 20 is not suspended during pendency of appeal. |
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Can a disqualification order be stayed during appeal? |
Yes, but only if the appellate court expressly directs so. |
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Which disqualification orders are covered by Section 23(2)? |
Disqualification orders made under section 20. |
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When can a person apply for removal of disqualification under Section 23(3)? |
After expiry of six months from the date of the disqualification order. |
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To whom is an application for removal of disqualification made? |
To the Court or other authority which passed the disqualification order. |
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What powers does the Court or authority have on such application? |
It may cancel or vary the disqualification order having regard to all circumstances. |
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Is the grant of removal of disqualification automatic after six months? |
No, it is discretionary. |
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What is the restriction on filing a second application if the first is refused? |
A second application cannot be made before expiry of three months from the date of refusal. |
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Does Section 23 affect the validity of the conviction itself? |
No, it only affects the operation of the disqualification order. |
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What does Section 24 of the Motor Vehicles Act, 1988 deal with? |
It deals with endorsement |
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Who must endorse a disqualification order on a driving licence? |
The Court or authority making the order of disqualification. |
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What particulars must be endorsed under Section 24(1)? |
Particulars of the disqualification order, the related conviction, and any cancellation or variation under Section 23(3). |
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Are changes to disqualification orders required to be endorsed? |
Yes, cancellation or variation of disqualification must also be endorsed. |
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What does Section 24(2) provide regarding convictions without disqualification? |
The Court shall endorse particulars of prescribed convictions even if no disqualification order is made. |
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Who prescribes the offences for endorsement under Section 24(2)? |
The Central Government, having regard to the objects of the Act. |
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Is endorsement under Section 24(2) mandatory? |
Yes, for prescribed offences, endorsement is mandatory whether or not disqualification is ordered. |
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What obligation does an accused have under Section 24(3)? |
He must bring his driving licence to Court if it is in his possession. |
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When must imprisonment be endorsed on a driving licence under Section 24(4)? |
When the person is sentenced to imprisonment exceeding three months. |
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Who must intimate the licensing authority about such endorsement? |
The prosecuting authority. |
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What is the duty of the Court after endorsing a driving licence under Section 24(5)? |
To send particulars of the endorsement to the issuing or last renewing licensing authority. |
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What happens if an appellate court varies or sets aside an endorsed conviction or order? |
The appellate court shall inform the licensing authority. |
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What is the role of the licensing authority after receiving appellate information? |
It shall amend or cause to be amended the endorsement. |
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Does Section 24 apply only to disqualification orders? |
No, it also applies to convictions and sentences of imprisonment. |
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What is the purpose of endorsement under Section 24? |
To maintain an official driving history and ensure regulatory accountability. |
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What does Section 25 of the Motor Vehicles Act, 1988 deal with? |
It deals with transfer of endorsements and issue of a driving licence free from endorsement. |
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What happens to an endorsement when a new or duplicate driving licence is issued? |
The endorsement is transferred to the new or duplicate driving licence. |
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Till when does an endorsement continue to be transferred? |
Until the holder becomes entitled to a driving licence free from endorsement under Section 25. |
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What must be done if a licence is required to be endorsed but is not in possession of the Court or authority? |
The licence holder must produce the driving licence for endorsement. |
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Within what time must a licence holder produce the driving licence for endorsement under Section 25(2)(a)? |
Within five days or such longer time as fixed by the Court or authority. |
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What if the person was not holding a driving licence at the time of endorsement but later obtains one? |
He must produce the licence within five days of obtaining it. |
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What is the effect if the driving licence is not produced within the prescribed time? |
The driving licence becomes ineffective until produced for endorsement. |
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When is a person entitled to a driving licence free from all endorsements? |
If no further endorsement is made for a continuous period of three years after the endorsement. |
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What must be done to obtain a licence free from endorsement? |
The holder must surrender the licence and pay a fee of five rupees. |
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What is the special rule for endorsements relating only to speed limit violations under Section 112? |
The licence may be issued free from endorsement after one year. |
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Does the period of disqualification count while calculating the three-year or one-year period? |
No, the period of disqualification is excluded. |
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What is the purpose of Section 25? |
To regulate continuity, transfer, and eventual removal of endorsements on driving licences. |
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What does Section 26 of the Motor Vehicles Act, 1988 deal with? |
Maintenance of the State Register of Driving Licences. |
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Who is responsible for maintaining the State Register of Driving Licences? |
The State Government. |
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In what form is the State Register of Driving Licences maintained? |
In such form as may be prescribed by the Central Government. |
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What is the name of the register maintained under Section 26? |
State Register of Driving Licences. |
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Which licences are entered in the State Register of Driving Licences? |
Driving licences issued and renewed by licensing authorities of the State Government. |
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What particulars must be included in the State Register under Section 26(1)? |
Names and addresses of licence holders, licence numbers, dates of issue or renewal, dates of expiry, classes and types of vehicles authorised, and other prescribed particulars. |
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Which authority may prescribe additional particulars for the State Register? |
The Central Government. |
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What must the State Government supply to the Central Government under Section 26(2)? |
A printed copy or copy in such other form as required of the State Register of Driving Licences. |
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What additional obligation does the State Government have regarding updates to the Register? |
It must inform the Central Government without delay of all additions and amendments. |
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Who prescribes the manner of maintenance of the State Register? |
The State Government. |
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What is the objective of Section 26? |
To ensure systematic record-keeping and coordination between State and Central Governments regarding driving licences. |
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What does Section 27 of the Motor Vehicles Act, 1988 deal with? |
Power of the Central Government to make rules. |
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Which authority has rule-making power under Section 27? |
The Central Government. |
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Under which provision can rules be made for e-cart and e-rickshaw specifications? |
Section 27(a) read with Section 2A(2). |
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Rules regarding conditions for driving licences are framed under which section? |
Section 27(aa) read with Section 3(2). |
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Rules regarding application for learner’s licence relate to which section? |
Section 27(b) read with Section 8(2). |
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Who prescribes the form of medical certificate for learner’s licence? |
Central Government under Section 27(c). |
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Rules relating to particulars of learner’s licence test are made under which clause? |
Section 27(d). |
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Rules relating to application for driving licence are made under which clause? |
Section 27(e) read with Section 9(2). |
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Who prescribes particulars of the test of competence to drive? |
Central Government under Section 27(f). |
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Rules for issuance of licence for e-cart and e-rickshaw are framed under which clause? |
Section 27(ff) read with Section 9(10). |
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Who specifies minimum educational qualifications for transport vehicle drivers? |
Central Government under Section 27(g). |
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Rules relating to form and contents of driving licences are framed under which clause? |
Section 27(h) read with Section 10(1). |
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Rules regarding application for addition of vehicle class are framed under which clause? |
Section 27(i) read with Section 11(1). |
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Conditions for applying Section 9 to applications under Section 11 are framed under which clause? |
Section 27(j). |
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Rules regarding renewal of driving licence applications relate to which clause? |
Section 27(k) read with Section 15. |
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Who prescribes the authority to grant licences to Central Government vehicle drivers? |
Central Government under Section 27(l). |
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Who specifies fees for learner’s licence, driving licence and renewal? |
Central Government under Section 27(m). |
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Acts amounting to nuisance or danger under Section 19(1)(f) are specified by whom? |
Central Government under Section 27(n). |
|
Offences for endorsement purposes under Section 24 are specified under which clause? |
Section 27(o). |
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Rules relating to maintenance of State Register of Driving Licences are framed under which clause? |
Section 27(p) read with Section 26. |
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What is the residuary rule-making power under Section 27? |
Any matter required to be prescribed by the Central Government under the Act. |
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What does Section 28 of the Motor Vehicles Act, 1988 deal with? |
Power of the State Government to make rules. |
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Which authority has rule-making power under Section 28? |
The State Government. |
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Rules under Section 28 can be made for which purpose? |
To carry into effect the provisions of this Chapter other than matters specified in Section 27. |
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What limitation is placed on State Government’s rule-making power? |
It cannot make rules on matters specified under Section 27. |
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Appointment and functions of licensing authorities are regulated under which clause? |
Section 28(2)(a). |
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Rules relating to appeals under this Chapter are framed under which clause? |
Section 28(2)(b). |
|
What is the maximum appeal fee under Section 28(2)(b)? |
Twenty-five rupees. |
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Issue of duplicate driving licences is governed by which clause? |
Section 28(2)(c). |
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Rules regarding badges and uniforms of transport vehicle drivers are framed under which clause? |
Section 28(2)(d). |
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Fee for issuing medical certificate under Section 8(3) is prescribed under which clause? |
Section 28(2)(e). |
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Exemption from payment of fees under this Chapter is provided under which clause? |
Section 28(2)(f). |
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Communication of licence particulars between licensing authorities is governed by which clause? |
Section 28(2)(g). |
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Duties and conduct of transport vehicle drivers are regulated under which clause? |
Section 28(2)(h). |
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Exemption of road-roller drivers from provisions of this Chapter is provided under which clause? |
Section 28(2)(i). |
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Rules regarding maintenance of State Register of Driving Licences are framed under which clause? |
Section 28(2)(j) read with Section 26. |
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What is the residuary rule-making power of the State Government under Section 28? |
Matters which are to be, or may be, prescribed under the Act. |
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CHAPTER-III |
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LICENSING OF CONDUCTORS OF STAGE CARRIAGES |
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What does Section 29 of the Motor Vehicles Act, 1988 deal with? |
Necessity for conductor’s licence. |
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Who is required to hold a conductor’s licence under Section 29? |
A person acting as a conductor of a stage carriage. |
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Can a person act as a conductor without a licence? |
No, unless exempted under conditions prescribed by the State Government. |
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What must a conductor’s licence authorise the holder to do? |
To act as a conductor of a stage carriage. |
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Who is prohibited from employing an unlicensed conductor? |
Any person employing or permitting a conductor on a stage carriage. |
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Which vehicles are covered under Section 29? |
Stage carriages. |
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Which authority can prescribe exemptions under Section 29(2)? |
The State Government. |
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Under what circumstance can a driver act as a conductor without a conductor’s licence? |
When permitted by State Government rules under Section 29(2). |
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For what maximum period can a person be employed as a conductor without a licence under Section 29(2)? |
A period not exceeding one month. |
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What is the nature of exemption provided under Section 29(2)? |
Conditional exemption prescribed by the State Government. |
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What does Section 30 of the Motor Vehicles Act, 1988 deal with? |
Grant of conductor’s licence. |
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Who is eligible to apply for a conductor’s licence under Section 30(1)? |
A person possessing the minimum educational qualification prescribed by the State Government and not disqualified under Section 31. |
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To which authority is an application for conductor’s licence made? |
The licensing authority having jurisdiction where the applicant ordinarily resides or carries on business. |
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What disqualifications bar grant of a conductor’s licence? |
Disqualification under Section 31 or being otherwise disqualified from holding or obtaining a conductor’s licence. |
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In what form must an application for conductor’s licence be made? |
In the prescribed form containing prescribed information. |
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What documents must accompany an application for a conductor’s licence? |
A prescribed medical certificate and two clear copies of recent photographs of the applicant. |
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Who must sign the medical certificate for a conductor’s licence? |
A registered medical practitioner. |
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What is the territorial extent of a conductor’s licence issued under this Chapter? |
It is effective throughout the State in which it is issued. |
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In what form is a conductor’s licence issued? |
In the prescribed form containing prescribed particulars. |
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What is the fee for a conductor’s licence and its renewal? |
One-half of the fee prescribed for a driving licence. |
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What does Section 31 of the Motor Vehicles Act, 1988 deal with? |
Disqualifications for the grant of conductor’s licence. |
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What is the minimum age prescribed for holding or being granted a conductor’s licence? |
Eighteen years. |
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Can a person below eighteen years hold a conductor’s licence? |
No, a person under eighteen years cannot hold or be granted a conductor’s licence. |
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Who has the power to refuse the issue of a conductor’s licence? |
The licensing authority. |
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On what ground relating to education can a conductor’s licence be refused? |
If the applicant does not possess the minimum educational qualification prescribed. |
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On what medical ground can a conductor’s licence be refused? |
If the medical certificate discloses that the applicant is physically unfit to act as a conductor. |
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Can a previous revocation of a conductor’s licence affect a fresh grant? |
Yes, if any previous conductor’s licence held by the applicant was revoked, the licence may be refused. |
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What does Section 32 of the Motor Vehicles Act, 1988 deal with? |
Revocation of a conductor’s licence on grounds of disease or disability. |
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Which authority has the power to revoke a conductor’s licence under Section 32? |
Any licensing authority. |
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On what ground can a conductor’s licence be revoked under Section 32? |
If the holder is suffering from a disease or disability likely to render him permanently unfit to hold the licence. |
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Is the revocation of a conductor’s licence under Section 32 time-bound? |
No, it may be revoked at any time. |
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Is prior hearing required before revoking a conductor’s licence? |
Yes, the holder must be given a reasonable opportunity of being heard. |
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What must be done if the revoking authority is not the authority which issued the licence? |
The revoking authority must intimate the fact of revocation to the issuing authority. |
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Is the disability required to be permanent for revocation under Section 32? |
Yes, it must be likely to render the holder permanently unfit. |
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What does Section 33 of the Motor Vehicles Act, 1988 deal with? |
Orders refusing, renewing or revoking conductor’s licences and appeals therefrom. |
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When is a licensing authority required to pass a reasoned order under Section 33? |
When it refuses to issue or renew, or revokes a conductor’s licence. |
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Is the licensing authority required to give reasons for refusal or revocation of a conductor’s licence? |
Yes, reasons must be given in writing. |
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How must an order under Section 33(1) be communicated? |
It must be communicated to the applicant or licence holder. |
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Who can file an appeal under Section 33(2)? |
Any person aggrieved by an order under Section 33(1). |
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What is the limitation period for filing an appeal under Section 33(2)? |
Thirty days from the date of service of the order. |
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To whom does the appeal under Section 33 lie? |
To the prescribed authority. |
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Is a hearing mandatory in an appeal under Section 33? |
Yes, both the appellant and the licensing authority must be given an opportunity of being heard. |
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What is the nature of the appellate authority’s decision under Section 33(2)? |
The decision is binding on the licensing authority. |
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What does Section 34 of the Motor Vehicles Act, 1988 deal with? |
The power of the licensing authority to disqualify |
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On what ground can a licensing authority disqualify the holder of a conductor’s licence under Section 34(1)? |
On account of the holder’s previous conduct as a conductor. |
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Is the licensing authority required to record reasons while disqualifying a conductor under Section 34(1)? |
Yes, reasons must be recorded in writing. |
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What is the maximum period for which a person can be disqualified under Section 34(1)? |
A period not exceeding one year. |
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Is an opportunity of being heard mandatory before disqualifying a conductor under Section 34? |
Yes, a reasonable opportunity of being heard must be given. |
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What is the obligation of the conductor after an order of disqualification is issued under Section 34(2)? |
He must forthwith surrender the conductor’s licence to the authority making the order. |
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What must the licensing authority do with the surrendered licence during the period of disqualification? |
It must keep the licence until the disqualification expires or is removed. |
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What is the duty of the disqualifying authority if it is not the authority which issued the conductor’s licence? |
It must intimate the fact of disqualification to the authority which issued the licence. |
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Who can appeal against an order of disqualification under Section 34(4)? |
Any person aggrieved by an order made under Section 34(1). |
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What is the time limit for filing an appeal under Section 34(4)? |
Thirty days from the date of service of the order. |
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To whom does the appeal under Section 34 lie? |
To the prescribed authority. |
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Is a hearing required before deciding an appeal under Section 34(4)? |
Yes, both the appellant and the licensing authority must be given an opportunity of being heard. |
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What is the effect of the decision of the appellate authority under Section 34(4)? |
The decision is binding on the licensing authority which made the order. |
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What does Section 35 of the Motor Vehicles Act, 1988 deal with? |
The power of the Court to disqualify |
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Who can be disqualified under Section 35(1)? |
A person holding a conductor’s licence who is convicted of an offence under this Act. |
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Which Court has the power to order disqualification under Section 35(1)? |
The Court by which the person is convicted. |
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Is disqualification under Section 35(1) independent of other punishments? |
Yes, it may be ordered in addition to any other punishment authorised by law. |
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What is the nature of disqualification that may be ordered under Section 35(1)? |
Disqualification from holding a conductor’s licence. |
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Who determines the period of disqualification under Section 35(1)? |
The Court convicting the person. |
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Which Court has the power to set aside or vary an order of disqualification under Section 35(2)? |
The Court to which an appeal lies from the conviction. |
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Can a higher appellate Court also interfere with a disqualification order under Section 35(2)? |
Yes, the Court to which appeals ordinarily lie from such Court may set aside or vary the order. |
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Is the power to set aside or vary a disqualification order dependent on the availability of an appeal against conviction? |
No, the power exists notwithstanding that no appeal lies against the conviction. |
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What is the scope of appellate interference under Section 35(2)? |
The appellate Court may either set aside or vary the order of disqualification. |
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What does Section 36 of the Motor Vehicles Act, 1988 deal with? |
The application of certain provisions of chapter 2 to apply to conductor’s licences |
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Which provision of Section 6 is made applicable to a conductor’s licence under Section 36? |
Sub-section (2) of Section 6. |
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Which sections relating to duration and renewal are applicable to a conductor’s licence under Section 36? |
Sections 14 and 15. |
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Which provision relating to the renewal of licences is applied to conductor’s licences under Section 36? |
Section 15. |
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Which section relating to the refusal to issue or renew licences applies to conductor’s licences under Section 36? |
Section 23. |
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Which provision of Section 24 applies to conductor’s licences under Section 36? |
Sub-section (1) of Section 24. |
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Which section relating to the effect of disqualification or revocation applies to conductor’s licences under Section 36? |
Section 25. |
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In what manner do these provisions apply to conductor’s licences under Section 36? |
They apply so far as may be, in the same manner as they apply to driving licences. |
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Does Section 36 create separate rules for conductor’s licences? |
No, it extends the application of specified driving licence provisions to conductor’s licences. |
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What does Section 37 of the Motor Vehicles Act, 1988 deal with? |
Savings |
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To which licences does Section 37 apply? |
Licences to act as a conductor of a stage carriage, by whatever name called. |
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What is the time reference point under Section 37? |
Licences that were effective immediately before the commencement of the Act. |
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What is the effect of the commencement of the Motor Vehicles Act, 1988 on such licences? |
They continue to be effective notwithstanding the commencement of the Act. |
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For how long do such licences continue to be effective? |
For the period for which they would have been effective if the Act had not been passed. |
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How are pre-existing conductor’s licences treated under Section 37? |
They are deemed to be licences issued under this Chapter. |
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From which date is such a licence deemed to have been issued under this Chapter? |
As if this Chapter had been in force on the date on which the licence was originally granted. |
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What is the legal purpose of Section 37? |
To protect vested rights and ensure continuity of valid conductor’s licences. |
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What does Section 38 of the Motor Vehicles Act, 1988 deal with? |
Power of the State Government to make rules. |
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Which Government is empowered to make rules under Section 38? |
The State Government. |
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What is the purpose of making rules under Section 38(1)? |
To carry into effect the provisions of this Chapter. |
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What is the significance of the phrase “without prejudice to the generality of the foregoing power”? |
It clarifies that the specific matters listed do not limit the State Government’s general rule-making power. |
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What authorities can rules be made for under Section 38(2)(a)? |
Licensing authorities and other prescribed authorities, including their appointment, jurisdiction, control, and functions. |
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What exemptions may be prescribed under Section 38(2)(b)? |
Exemptions for drivers of stage carriages acting as conductors and persons temporarily employed as conductors from Section 29(1). |
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What qualifications and conduct can be regulated under Section 38(2)(c)? |
Minimum educational qualifications, duties, functions, and conduct of conductors. |
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What procedural aspects of conductor’s licences can be prescribed under Section 38(2)(d) and (e)? |
Form of application, renewal, form of licence, and particulars contained therein. |
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What provisions exist for duplicate conductor’s licences under Section 38(2)(f)? |
Issue of duplicate licences, replacement of obsolete photographs, and fees for such services. |
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What can rules provide regarding appeals under Section 38(2)(g)? |
Conduct and hearing of appeals, fees payable, and refund of such fees. |
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What is the maximum fee that may be fixed for appeals under Section 38? |
Twenty-five rupees. |
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What can be prescribed regarding uniforms and badges under Section 38(2)(h)? |
Badges and uniforms to be worn by conductors and the fees payable for them. |
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What medical certification matters can be regulated under Section 38(2)(i)? |
Grant and form of medical certificates under Section 30(3) by registered medical practitioners. |
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What inter-State validity aspect is covered under Section 38(2)(j)? |
Conditions and extent to which a conductor’s licence issued in another State is effective. |
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What administrative coordination is provided under Section 38(2)(k)? |
Communication of particulars of conductor’s licences between authorities. |
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What does Section 38(2)(l) cover? |
Any other matter which is to be, or may be, prescribed. |
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CHAPTER-IV |
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REGISTRATION OF MOTOR VEHICLES |
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What does Section 39 of the Motor Vehicles Act, 1988 deal with? |
Necessity for registration of motor vehicles. |
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Who is prohibited from driving an unregistered motor vehicle under Section 39? |
Any person. |
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Who is prohibited from causing or permitting an unregistered vehicle to be driven? |
The owner of the motor vehicle. |
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In which places does the requirement of registration apply? |
Any public place or any other place. |
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What conditions must be satisfied for a motor vehicle to be lawfully driven? |
The vehicle must be registered, the certificate of registration must not be suspended or cancelled, and the vehicle must display a registration mark in the prescribed manner. |
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Is mere registration sufficient under Section 39? |
No, the certificate of registration must also not be suspended or cancelled. |
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What additional requirement relating to identification is mandated under Section 39? |
The vehicle must carry a registration mark displayed in the prescribed manner. |
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Does Section 39 apply to motor vehicles in possession of dealers? |
No. |
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Under what authority is the dealer exemption granted? |
Subject to conditions prescribed by the Central Government. |
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What is the legal effect of the proviso to Section 39? |
It creates an exception for dealer-held vehicles from the mandatory registration requirement. |
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What does Section 40 of the Motor Vehicles Act, 1988 deal with? |
Place of registration, where to be made |
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Who is responsible for getting a motor vehicle registered under Section 40? |
The owner of the motor vehicle. |
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With which authority must a motor vehicle be registered? |
The registering authority. |
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On what basis is the appropriate registering authority determined? |
Jurisdiction where the owner has his residence or place of business. |
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What is the significance of the place where the vehicle is normally kept? |
Registration must be made in the jurisdiction where the vehicle is normally kept. |
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Is registration under Section 40 absolute? |
No, it is subject to Sections 42, 43 and 60. |
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What is the combined effect of Sections 40, 42, 43 and 60? |
They regulate the place, validity, temporary registration, and cancellation or suspension of registration. |
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What does Section 41 of the Motor Vehicles Act, 1988 deal with? |
Registration, how to me made |
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Who may apply for registration of a motor vehicle? |
The owner or a person acting on behalf of the owner. |
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In what manner must an application for registration be made? |
In the prescribed form, with prescribed documents, particulars and information, within the prescribed period. |
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Which authority prescribes the form, documents and time for registration? |
The Central Government. |
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How is registration done in case of joint ownership of a motor vehicle? |
One joint owner applies on behalf of all and is deemed to be the owner for the purposes of the Act. |
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Is any fee payable with the application for registration? |
Yes, the prescribed fee payable to the Central Government. |
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What does the registering authority issue after registration? |
A certificate of registration. |
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What does the certificate of registration contain? |
Prescribed particulars and information. |
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What additional detail must be specified in the certificate of registration? |
The type of motor vehicle as notified by the Central Government. |
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What record must the registering authority maintain after registration? |
A register containing particulars of the certificate of registration. |
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What is a registration mark? |
A distinguishing mark assigned to the vehicle for display. |
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Who allots the letters and figures forming the registration mark? |
The Central Government. |
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For how long is a certificate of registration valid for non-transport vehicles? |
Fifteen years from the date of issue. |
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Is renewal of registration permitted for non-transport vehicles? |
Yes, it is renewable. |
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What is the period of renewal of a certificate of registration? |
Five years. |
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Which authority may renew the certificate of registration? |
The registering authority, subject to Section 56. |
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What happens if the renewing authority is not the original registering authority? |
It must intimate the renewal to the original registering authority. |
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What is the consequence of delay in applying for registration or renewal? |
Payment of a prescribed amount not exceeding one hundred rupees. |
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What happens if the owner fails to pay the prescribed amount for delay? |
Action may be taken under Section 177. |
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What is the effect of paying the prescribed amount for delay? |
No action shall be taken under Section 177. |
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Who has the power to prescribe different amounts for different periods of delay? |
The State Government. |
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How can a duplicate certificate of registration be obtained? |
By applying to the last registering authority in the prescribed form with prescribed fee. |
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What does Section 42 of the Motor Vehicles Act deal with? |
Section 42 provides special provisions for the registration of motor vehicles owned by diplomatic or consular officers. |
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How is a vehicle of a diplomatic or consular officer registered under Section 42(1)? |
The registering authority must register the vehicle according to rules made by the Central Government, assign a special registration mark, and issue a certificate of registration. Such vehicles do not require registration under the general provisions of the Act while owned by the officer. |
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What happens if the vehicle ceases to be owned by the diplomatic or consular officer under Section 42(2)? |
The certificate of registration issued under this section ceases to be effective, and the general provisions of sections 39 and 40 apply. |
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What powers does the Central Government have under Section 42(3)? |
The Central Government can make rules regarding the registration procedure, the form of certificates, the manner of issuing them, and the special registration marks for vehicles of diplomatic and consular officers. |
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How is the term “diplomatic officer” or “consular officer” defined under Section 42(4)? |
It means any person recognised as such by the Central Government, and the Central Government’s decision on whether a person qualifies is final |
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What does Section 43 of the Motor Vehicles Act deal with? |
Section 43 provides for temporary registration |
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Who can apply for temporary registration under Section 43(1)? |
The owner of a motor vehicle may apply to any registering authority or other prescribed authority in the prescribed manner for temporary registration. |
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What is the validity period of a temporary registration under Section 43(2)? |
A temporary registration is valid for a period not exceeding one month and is not renewable, except in special cases where a chassis is awaiting a body or due to unforeseen circumstances beyond the owner’s control, in which case the registering authority may allow extensions upon payment of prescribed fees. |
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What is the procedure for vehicles under hire-purchase, lease, or hypothecation under Section 43(3)? |
The temporary certificate of registration must legibly and prominently include the full name and address of the person with whom the agreement has been entered into by the owner. |
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What does Section 44 of the Motor Vehicles Act deal with? |
Section 44 deals with the production of a vehicle at the time of registration or renewal of registration. |
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Who is required to produce the vehicle under Section 44? |
The person applying for registration or renewal of a motor vehicle, other than a transport vehicle, must produce the vehicle. |
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Before whom must the vehicle be produced under Section 44? |
The vehicle must be produced either before the registering authority or any authority appointed by the State Government for this purpose. |
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What is the purpose of producing the vehicle under Section 44? |
The purpose is to allow the registering authority to verify that the particulars in the application are true and that the vehicle complies with the requirements of the Act and rules made under it |
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What does Section 45 of the Motor Vehicles Act, 1988 deal with? |
Section 45 deals with the refusal of registration or renewal of the certificate of registration of a motor vehicle. |
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Under what conditions can the registering authority refuse to register a motor vehicle under Section 45? |
Registration may be refused if the vehicle is stolen, mechanically defective, or fails to comply with the provisions of the Act or rules made thereunder. |
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Can an application for registration be refused if the applicant provides inaccurate details? |
Yes, the registering authority can refuse registration or renewal if the applicant furnishes inaccurate particulars or fails to provide details of previous registration. |
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What must the registering authority provide to the applicant if registration or renewal is refused under Section 45? |
The authority must furnish a copy of the refusal order along with the reasons for such refusal. |
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Does Section 45 apply to transport vehicles as well? |
No, Section 45 specifically applies to vehicles other than transport vehicles. |
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What does Section 46 of the Motor Vehicles Act, 1988 deal with? |
Section 46 deals with the effectiveness in India of registration throughout India. |
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Does a motor vehicle registered in one State need to be registered again in another State? |
No, a motor vehicle registered in accordance with this Chapter in any State does not need to be registered elsewhere in India. |
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Is the certificate of registration valid outside the State in which it was issued? |
Yes, the certificate of registration issued under this Act is effective throughout India. |
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Are there any conditions or exceptions to the applicability of Section 46? |
Yes, the provisions of Section 46 are subject to the provisions of Section 47 of the Act. |
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What does Section 47 of the Motor Vehicles Act, 1988 deal with? |
Section 47 deals with the assignment of a new registration mark on removal to another state |
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When must the owner of a vehicle apply for a new registration mark under Section 47(1)? |
The owner must apply within twelve months of the vehicle being kept in another State. |
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What documents must accompany the application for a new registration mark under Section 47(1)? |
The application must be accompanied by: (i) a no objection certificate under Section 48, or (ii) if no certificate is obtained, the receipt under Section 48(2) or postal acknowledgement of the application, along with a declaration of non-receipt of any refusal or direction. |
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What additional requirement applies if the vehicle is under hire-purchase, lease, or hypothecation? |
The application must include a no objection certificate from the person with whom the agreement has been entered into, in accordance with Section 51. |
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What is the responsibility of the registering authority under Section 47(2)? |
After verification of returns under Section 62, the registering authority assigns a new registration mark, enters it in the certificate, returns the certificate to the applicant, and arranges transfer of records from the previous registering authority. |
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What must the registering authority do if the vehicle is under hire-purchase, lease, or hypothecation under Section 47(3)? |
The authority must inform the person named in the certificate of registration about the assignment of the new registration mark via registered post acknowledgement due. |
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Can the State Government make additional rules regarding vehicles from other States under Section 47(4)? |
Yes, the State Government may require owners of vehicles not registered in the State to furnish prescribed information to the authority in the State. |
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What happens if the owner fails to apply for a new registration mark within the prescribed period under Section 47(5)? |
The registering authority may require the owner to pay a prescribed amount not exceeding one hundred rupees in lieu of action under Section 177. |
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Does payment of the prescribed amount protect the owner from further action under Section 177 under Section 47(6)? |
Yes, if the owner pays the prescribed amount, no further action under Section 177 shall be taken. |
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Can the prescribed amount vary based on delay in application under Section 47(7)? |
Yes, the State Government may prescribe different amounts depending on the length of delay by the owner in making the application. |
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What does Section 48 of the Motor Vehicles Act, 1988 deal with? |
Section 48 deals with the issuance of a no objection certificate (NOC) |
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Who must apply for a no objection certificate under Section 48(1)? |
The owner applying for a new registration mark under Section 47(1), or the transferor reporting a transfer under Section 50(1), must apply to the registering authority for a no objection certificate. |
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In what manner must the application for a no objection certificate be made under Section 48(1)? |
The application must be made in the form and manner prescribed by the Central Government. |
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What acknowledgment is provided by the registering authority upon receipt of the application under Section 48(2)? |
The registering authority must issue a receipt in the prescribed form to the applicant. |
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Within what period must the registering authority communicate the grant or refusal of the NOC under Section 48(3)? |
The authority must communicate its decision within thirty days of receiving the application. |
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Can a registering authority refuse a no objection certificate under Section 48(3)? |
Yes, but refusal is only allowed if the authority records in writing the reasons for refusal and communicates a copy to the applicant. |
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What happens if the registering authority does not communicate refusal or grant within thirty days under Section 48(4)? |
The no objection certificate shall be deemed to have been granted. |
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What verification steps must the registering authority undertake before granting or refusing the NOC under Section 48(5)? |
The authority must obtain a police report confirming no theft case is pending, verify payment of all amounts due to the Government including road tax, and consider other prescribed factors. |
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What duty does the vehicle owner have regarding theft under Section 48(6)? |
The owner must inform the registering authority in writing about any theft of the vehicle, including the police station where the report was lodged, which will be considered during disposal of applications for NOC, registration, transfer, or duplicate certificate. |
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What does Section 49 of the Motor Vehicles Act, 1988 deal with? |
Section 49 deals with the change of residence or place of business |
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Within what time frame must the owner intimate a change of address under Section 49(1)? |
The owner must intimate the change within thirty days of the change of residence or place of business. |
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To which authority must the owner send the intimation of new address under Section 49(1)? |
The owner must send the intimation to the registering authority that issued the certificate of registration, or if the new address falls under another registering authority, to that other authority. |
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What must accompany the intimation of change of address under Section 49(1)? |
The intimation must be made in the prescribed form and accompanied by the documents prescribed by the Central Government, along with forwarding the certificate of registration. |
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What happens if the owner fails to intimate the new address within the specified period under Section 49(2)? |
The registering authority may require the owner to pay a prescribed amount not exceeding one hundred rupees in lieu of action under Section 177. |
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What is the effect of paying the prescribed amount under Section 49(3)? |
If the owner pays the amount, no action shall be taken against him under Section 177. |
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Can the State Government prescribe different amounts for delay in intimation under Section 49(4)? |
Yes, the State Government may prescribe different amounts depending on the period of delay in intimating the new address. |
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What verification is done by the registering authority before entering the new address under Section 49(5)? |
The registering authority may conduct any verification it considers fit before entering the new address in the certificate of registration. |
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What communication is required if a registering authority other than the original authority makes the entry under Section 49(6)? |
The altered address must be communicated to the original registering authority by the authority making the entry. |
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Are there exceptions to the requirement of intimating a change of address under Section 49(7)? |
Yes, the requirement does not apply for temporary absence not exceeding six months, or if the vehicle is neither used nor removed from the recorded address. |
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What does Section 50 of the Motor Vehicles Act, 1988 deal with? |
It deals with the procedure for transfer of ownership |
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To which vehicles does sub-section (1) of Section 50 apply? |
It applies to motor vehicles registered under the relevant Chapter whose ownership is transferred. |
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Who is the transferor under Section 50(1)? |
The transferor is the person who transfers the ownership of a registered motor vehicle. |
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What is the obligation of the transferor when the vehicle is registered within the same State? |
The transferor must report the fact of transfer to the registering authority within fourteen days of the transfer. |
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In what manner must the transfer be reported by the transferor for a vehicle registered within the same State? |
The transfer must be reported in the prescribed form, with prescribed documents, and in the prescribed manner as laid down by the Central Government. |
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To which registering authority must the transferor report the transfer in case of intra-State transfer? |
To the registering authority within whose jurisdiction the transfer is to be effected. |
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What additional step must the transferor take after reporting the transfer to the registering authority? |
The transferor must simultaneously send a copy of the report of transfer to the transferee. |
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What is the time limit for reporting transfer when the vehicle is registered outside the State? |
The transferor must forward the required documents within forty-five days of the transfer. |
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Which document must be forwarded when a no objection certificate under section 48 has been obtained? |
The no objection certificate obtained under section 48 must be forwarded to the registering authority. |
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What documents may be forwarded if no no objection certificate has been obtained under section 48? |
Either the receipt obtained under sub-section (2) of section 48 or the postal acknowledgement received after sending the application by registered post acknowledgement due. |
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What declaration must accompany the documents when no no objection certificate has been obtained? |
A declaration that no communication has been received from the registering authority refusing to grant the certificate or requiring compliance with any direction. |
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Who is required to report the transfer under clause (b) of sub-section (1)? |
The transferee is required to report the transfer. |
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Within what period must the transferee report the transfer of ownership? |
The transferee must report the transfer within thirty days of the transfer. |
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To which registering authority must the transferee report the transfer? |
To the registering authority within whose jurisdiction the transferee has residence or place of business where the vehicle is normally kept. |
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What document must the transferee forward along with the report of transfer? |
The certificate of registration must be forwarded. |
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What additional items must accompany the certificate of registration forwarded by the transferee? |
The prescribed fee and a copy of the report received from the transferor. |
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For what purpose are the documents forwarded by the transferee to the registering authority? |
For entering the particulars of transfer of ownership in the certificate of registration. |
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When does sub-section (2)(a) of Section 50 become applicable? |
When the person in whose name a motor vehicle stands registered dies. |
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When does sub-section (2)(b) of Section 50 apply? |
When a motor vehicle is purchased or acquired at a public auction conducted by or on behalf of the Government. |
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Who is required to apply for transfer of ownership under sub-section (2)? |
The person succeeding to possession of the vehicle or the person who has purchased or acquired it at a public auction. |
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To which registering authority must the application under sub-section (2) be made? |
To the registering authority within whose jurisdiction the applicant has residence or place of business where the vehicle is normally kept. |
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In what manner must an application under sub-section (2) be made? |
The application must be made in the prescribed manner. |
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What must accompany the application for transfer of ownership under sub-section (2)? |
The prescribed fee must accompany the application. |
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Within what time must the application under sub-section (2) be made? |
Within such period as may be prescribed by the Central Government. |
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When does sub-section (3) of Section 50 become applicable? |
It becomes applicable when the transferor or transferee fails to report the transfer within the specified period, or when the person required under sub-section (2) fails to apply within the prescribed period. |
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Which persons may be proceeded against under sub-section (3)? |
The transferor, the transferee, or the other person required to apply under sub-section (2), as the case may be. |
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What discretion is given to the registering authority under sub-section (3)? |
The registering authority may require payment of a prescribed amount having regard to the circumstances of the case. |
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What is the maximum amount that may be required to be paid under sub-section (3)? |
An amount not exceeding one hundred rupees. |
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In lieu of which action is the amount under sub-section (3) payable? |
It is payable in lieu of any action that may be taken under section 177. |
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What is the effect of the proviso to sub-section (3)? |
If the required amount is not paid, action under section 177 shall be taken against the concerned person. |
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What legal consequence follows payment of the amount under sub-section (3)? |
No action shall be taken against the person under section 177. |
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Which authority is empowered to prescribe different amounts for delay under sub-section (5)? |
The State Government is empowered to prescribe different amounts. |
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On what basis may different amounts be prescribed under sub-section (5)? |
Having regard to the period of delay in reporting the transfer or making the application. |
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What types of delays are considered under sub-section (5)? |
Delay by the transferor or transferee in reporting the transfer, or delay by the other person in making an application under sub-section (2). |
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What action may the registering authority take upon receipt of a report or application under Section 50? |
The registering authority may cause the transfer of ownership to be entered in the certificate of registration. |
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Which sub-sections govern the receipt of report or application for entry of transfer? |
Sub-section (1) governs reports and sub-section (2) governs applications. |
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What communication duty arises after making an entry of transfer of ownership? |
The registering authority must communicate the transfer of ownership. |
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To whom must the transfer of ownership be communicated under sub-section (7)? |
To the transferor and to the original registering authority. |
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When is communication required to be made to the original registering authority? |
When the registering authority making the entry is not the original registering authority. |
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What does Section 51 of the Motor Vehicles Act, 1988 deal with? |
It deals with Special provisions regarding motor vehicle subject to hire-purchase agreement, etc |
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When does sub-section (1) of Section 51 apply? |
It applies when an application for registration of a motor vehicle held under a hire-purchase, lease, or hypothecation agreement is made. |
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What is meant by “the said agreement” under Section 51? |
It refers to a hire-purchase, lease, or hypothecation agreement. |
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What is the duty of the registering authority under sub-section (1)? |
The registering authority must make an entry in the certificate of registration regarding the existence of the said agreement. |
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When does sub-section (2) of Section 51 become applicable? |
When ownership of a registered motor vehicle is transferred and the transferee enters into a hire-purchase, lease, or hypothecation agreement. |
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Which authority is required to make an entry under sub-section (2)? |
The last registering authority is required to make the entry. |
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From whom must the application under sub-section (2) be received? |
From the parties to the said agreement. |
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In what form must the application under sub-section (2) be made? |
In such form as the Central Government may prescribe. |
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What entry is required to be made under sub-section (2)? |
An entry regarding the existence of the said agreement in the certificate of registration. |
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When is intimation required to be sent to the original registering authority under sub-section (2)? |
When the last registering authority is not the original registering authority. |
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What power is conferred on the registering authority under sub-section (3)? |
The power to cancel an entry made under sub-section (1) or sub-section (2). |
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On what ground may an entry be cancelled under sub-section (3)? |
On proof of the termination of the said agreement by the parties concerned. |
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Who may apply for cancellation of the entry under sub-section (3)? |
The parties concerned to the said agreement. |
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In what manner must an application for cancellation under sub-section (3) be made? |
In such form as the Central Government may prescribe. |
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What communication obligation arises upon cancellation of an entry under sub-section (3)? |
An intimation must be sent to the original registering authority if the last registering authority is not the original registering authority. |
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What restriction is imposed by sub-section (4) of Section 51? |
No entry regarding transfer of ownership shall be made without written consent in specified cases. |
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To which vehicles does the restriction under sub-section (4) apply? |
To motor vehicles held under a hire-purchase, lease, or hypothecation agreement. |
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Whose written consent is required under sub-section (4)? |
The written consent of the person whose name is specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. |
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Where is the person’s name specified for the purpose of sub-section (4)? |
In the certificate of registration. |
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When does sub-section (5) of Section 51 become applicable? |
When the financier has taken possession of the vehicle due to default under the agreement and the registered owner refuses to deliver the certificate of registration or has absconded. |
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Who must satisfy the registering authority for action under sub-section (5)? |
The person whose name is specified in the certificate of registration as the person with whom the registered owner entered into the agreement. |
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On what grounds may possession of the vehicle be claimed under sub-section (5)? |
On default of the registered owner under the provisions of the hire-purchase, lease, or hypothecation agreement. |
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What condition relating to the certificate of registration is addressed in sub-section (5)? |
That the registered owner refuses to deliver the certificate of registration or has absconded. |
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What procedural safeguard must be given to the registered owner before cancelling the certificate? |
An opportunity to make a representation by serving notice through registered post acknowledgement due. |
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Can the registering authority cancel the certificate of registration even if it is not produced? |
Yes, the authority may cancel the certificate notwithstanding that it is not produced. |
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In whose name may a fresh certificate of registration be issued under sub-section (5)? |
In the name of the person with whom the registered owner entered into the said agreement. |
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What is the first proviso attached to sub-section (5)? |
A fresh certificate of registration shall not be issued unless the prescribed fee is paid. |
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What limitation is imposed by the second proviso to sub-section (5)? |
A fresh certificate for a non-transport vehicle shall be valid only for the remaining period of the cancelled certificate. |
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What obligation is imposed on the registered owner under sub-section (6)? |
To apply to the financier for issuance of a no objection certificate. |
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Before which actions must the registered owner apply for a no objection certificate? |
Before applying for renewal of permit, duplicate registration certificate, assignment of new registration mark, removal to another State, conversion of vehicle class, issue of no objection certificate, change of residence or business, or alteration of the vehicle. |
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Who is referred to as the “financier” under sub-section (6)? |
The person with whom the registered owner has entered into the said agreement. |
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What does the Explanation to sub-section (6) clarify? |
It defines the term “appropriate authority” for permits and registration-related matters. |
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Who is the “appropriate authority” in relation to permits under the Explanation? |
The authority authorised under the Act to renew such permit. |
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Who is the “appropriate authority” in relation to registration under the Explanation? |
The authority authorised under the Act to issue a duplicate certificate or assign a new registration mark. |
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What time limit is prescribed for the financier under sub-section (7)? |
Seven days from the receipt of the application. |
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What options are available to the financier within seven days under sub-section (7)? |
To issue the certificate or refuse it by recording reasons in writing and communicating them to the applicant. |
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What is the consequence if the financier neither issues nor refuses the certificate within seven days? |
The certificate shall be deemed to have been issued. |
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What documents must accompany an application to the appropriate authority under sub-section (8)? |
The certificate issued, or the communication of refusal, or a declaration of non-receipt of communication within seven days. |
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In which situations does sub-section (8) apply? |
When applying for renewal of permit, duplicate certificate of registration, or assignment of a new registration mark. |
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What does Section 52 of the Motor Vehicles Act, 1988 deal with? |
It deals with alteration in a motor vehicle |
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What general prohibition is imposed on vehicle owners under sub-section (1)? |
No owner shall alter the vehicle so that the particulars in the certificate of registration differ from those originally specified by the manufacturer. |
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What type of alteration is permitted under the first proviso to sub-section (1)? |
Modification of the engine or its parts for operation by a different type of fuel or source of energy using a conversion kit. |
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Which energy sources are expressly mentioned under the first proviso to sub-section (1)? |
Battery, compressed natural gas, solar power, liquid petroleum gas, or any other fuel or source of energy. |
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Subject to whose conditions must such fuel or energy conversion be carried out? |
Subject to conditions as may be prescribed. |
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What power is conferred on the Central Government by the second proviso to sub-section (1)? |
To prescribe specifications and conditions for approval, retrofitment, and related matters for conversion kits. |
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What additional power is given to the Central Government under the third proviso to sub-section (1)? |
To grant exemption for alteration of vehicles in a manner other than those specified, for any specific purpose. |
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What is the effect of the non obstante clause in sub-section (2)? |
It overrides the restrictions contained in sub-section (1). |
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Which authority may grant permission under sub-section (2)? |
The State Government. |
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How must permission under sub-section (2) be granted? |
By notification in the Official Gazette. |
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Who is eligible to be authorised under sub-section (2)? |
A person owning not less than ten transport vehicles. |
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What type of alteration is permitted under sub-section (2)? |
Replacement of the engine with an engine of the same make and type. |
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Is approval of the registering authority required under sub-section (2)? |
No, approval of the registering authority is not required. |
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When does the obligation under sub-section (3) arise? |
When an alteration is made without approval of the registering authority or due to engine replacement under sub-section (2). |
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Within what period must the alteration be reported under sub-section (3)? |
Within fourteen days of making the alteration. |
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To which authority must the alteration be reported under sub-section (3)? |
To the registering authority within whose jurisdiction the owner resides. |
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What documents must be forwarded while reporting the alteration under sub-section (3)? |
The certificate of registration along with the prescribed fee. |
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For what purpose are the documents forwarded under sub-section (3)? |
For entry of altered particulars in the certificate of registration. |
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What duty is imposed under sub-section (4)? |
To communicate details of the entry to the original registering authority. |
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When does sub-section (4) apply? |
When the registering authority making the entry is not the original registering authority. |
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What restriction is imposed by sub-section (5)? |
A person holding a vehicle under a hire-purchase agreement cannot alter the vehicle without written consent. |
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Whose consent is required under sub-section (5)? |
The written consent of the registered owner. |
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How is the term “alteration” defined under the Explanation to Section 52? |
A change in the structure of a vehicle resulting in a change in its basic feature. |
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What does Section 53 of the Motor Vehicles Act, 1988 deal with? |
It deals with the suspension of the registration |
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Which authorities are empowered to act under sub-section (1) of Section 53? |
A registering authority or any other prescribed authority. |
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On what basis may an authority exercise power under sub-section (1)? |
When it has reason to believe that the motor vehicle falls within the specified conditions. |
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What is the first ground for suspension under clause (a) of sub-section (1)? |
That the vehicle is in such a condition that its use in a public place would constitute a danger to the public. |
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What additional condition is covered under clause (a) of sub-section (1)? |
That the vehicle fails to comply with the requirements of the Act or the rules made thereunder. |
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What ground for suspension is specified under clause (b) of sub-section (1)? |
That the vehicle has been or is being used for hire or reward without a valid permit. |
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What procedural safeguard must be given to the owner before suspension under sub-section (1)? |
An opportunity to make a representation. |
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How must notice be given to the owner under sub-section (1)? |
By sending a notice by registered post acknowledgement due to the address entered in the certificate of registration. |
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What recording requirement is imposed before suspending registration? |
Reasons for suspension must be recorded in writing. |
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For how long may registration be suspended in cases falling under clause (a)? |
Until the defects are rectified to the satisfaction of the authority. |
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What is the maximum period of suspension in cases falling under clause (b)? |
A period not exceeding four months. |
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What duty is imposed on an authority other than a registering authority under sub-section (2)? |
To intimate in writing the fact of suspension and the reasons therefor to the registering authority. |
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To which registering authority must intimation under sub-section (2) be sent? |
To the registering authority within whose jurisdiction the vehicle is at the time of suspension. |
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When does the obligation under sub-section (3) arise? |
When registration has been suspended for a continuous period of not less than one month. |
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Which registering authority must act under sub-section (3)? |
The registering authority within whose jurisdiction the vehicle was when registration was suspended. |
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To whom must information be sent under sub-section (3)? |
To the original registering authority. |
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What obligation is imposed on the owner under sub-section (4)? |
To surrender the certificate of registration on demand. |
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When must the certificate of registration be surrendered under sub-section (4)? |
When demanded by the authority that has suspended the registration. |
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When may a certificate of registration surrendered under sub-section (4) be returned? |
When the order suspending registration has been rescinded. |
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Can the certificate of registration be returned before rescission of the suspension order? |
No, it cannot be returned before the suspension order is rescinded. |
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What does Section 54 of the Motor Vehicles Act, 1988 deal with? |
It deals with cancellation of registration of suspended under section 53 for a specified period. |
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When does Section 54 become applicable? |
When the suspension of registration under section 53 has continued without interruption for not less than six months. |
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What is the minimum continuous period of suspension required for action under Section 54? |
A period of not less than six months. |
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Which authority is competent to act under Section 54? |
The registering authority within whose jurisdiction the vehicle was when the registration was suspended. |
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What condition must be satisfied for the registering authority to directly cancel the registration? |
The registering authority must be the original registering authority. |
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What power does the original registering authority have under Section 54? |
It may cancel the registration of the vehicle. |
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What is the duty of the registering authority if it is not the original registering authority? |
It shall forward the certificate of registration to the original registering authority. |
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What power does the original registering authority have upon receiving the certificate of registration? |
It may cancel the registration of the vehicle. |
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What does Section 55 of the Motor Vehicles Act, 1988 deal with? |
It deals with cancellation of registration |
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When does the obligation under sub-section (1) of Section 55 arise? |
When a motor vehicle has been destroyed or rendered permanently incapable of use. |
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Who is required to report the destruction or permanent incapability of the vehicle under sub-section (1)? |
The owner of the motor vehicle. |
|
Within what time must the owner report under sub-section (1)? |
Within fourteen days or as soon as may be. |
|
To which authority must the report under sub-section (1) be made? |
To the registering authority within whose jurisdiction the owner has residence or place of business where the vehicle is normally kept. |
|
What document must be forwarded along with the report under sub-section (1)? |
The certificate of registration of the vehicle. |
|
What duty is imposed on the registering authority under sub-section (2) if it is the original registering authority? |
It shall cancel the registration and the certificate of registration. |
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What procedure applies under sub-section (2) if the registering authority is not the original registering authority? |
It shall forward the report and certificate of registration to the original registering authority. |
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What power is conferred by sub-section (3) of Section 55? |
The power to order examination of a motor vehicle. |
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Who may conduct the examination ordered under sub-section (3)? |
Such authority as the State Government may appoint by order. |
|
What procedural safeguard must be given to the owner under sub-section (3)? |
An opportunity to make a representation after service of notice by registered post acknowledgement due. |
|
On what grounds may cancellation be ordered under sub-section (3)? |
If the vehicle is incapable of being used, poses danger to the public, and is beyond reasonable repair. |
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When must cancellation be made under sub-section (4)? |
When the registering authority is satisfied that the vehicle has been permanently removed out of India. |
|
What ground for cancellation is specified under sub-section (5) relating to documents? |
Registration obtained on the basis of documents or representations that were false in any material particular. |
|
What discrepancy relating to vehicle identification numbers is covered under sub-section (5)? |
Engine number or chassis number differing from those entered in the certificate of registration. |
|
What procedural requirements apply before cancellation under sub-section (5)? |
Opportunity of representation and recording of reasons in writing. |
|
What communication duty arises under sub-section (6)? |
The registering authority must inform the owner in writing of cancellation. |
|
What obligation is imposed on the owner under sub-section (6)? |
To forthwith surrender the certificate of registration. |
|
What duty is imposed on the original registering authority under sub-section (7)? |
To cancel the certificate of registration and the entry relating to the vehicle in its records. |
|
What procedure applies under sub-section (7) when the cancelling authority is not the original registering authority? |
It must forward the certificate of registration to the original registering authority for cancellation. |
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How is “original registering authority” defined under sub-section (8)? |
The registering authority in whose records the registration of the vehicle is recorded. |
|
What is included within the meaning of “certificate of registration” under sub-section (9)? |
A certificate of registration renewed under the provisions of the Act. |
|
What does Section 56 of the Motor Vehicles Act, 1988 deal with? |
Section 56 deals with the certificate of fitness for transport vehicles. |
|
Under what condition is a transport vehicle deemed to be validly registered for the purposes of section 39? |
A transport vehicle is deemed to be validly registered only if it carries a certificate of fitness issued in the prescribed form by the prescribed authority or an authorised testing station. |
|
Which authorities are competent to issue a certificate of fitness under Section 56(1)? |
A certificate of fitness may be issued by the prescribed authority or by an authorised testing station referred to in sub-section (2). |
|
What is the obligation of the authority when a certificate of fitness is refused under Section 56? |
Where the prescribed authority or authorised testing station refuses to issue a certificate of fitness, it must supply the owner of the vehicle with the reasons for such refusal in writing. |
|
How is an “authorised testing station” defined under Section 56(2)? |
An authorised testing station means a vehicle service station or public or private garage specified by the State Government, having regard to the experience, training, ability of the operator, testing equipment, and testing personnel, in accordance with Central Government rules. |
|
For what period does a certificate of fitness remain effective under Section 56(3)? |
A certificate of fitness remains effective for such period as may be prescribed by the Central Government, subject to the provisions of sub-section (4). |
|
On what grounds may a prescribed authority cancel a certificate of fitness under Section 56(4)? |
A prescribed authority may cancel a certificate of fitness at any time if it is satisfied, for reasons recorded in writing, that the vehicle no longer complies with the requirements of the Act and the rules made thereunder. |
|
What is the legal effect of cancellation of a certificate of fitness on registration and permits? |
Upon cancellation of the certificate of fitness, the certificate of registration and any permit granted under Chapter V are deemed to be suspended until a new certificate of fitness is obtained. |
|
What technical qualification requirement applies to cancellation of a certificate of fitness under the proviso to Section 56(4)? |
No cancellation shall be made unless the prescribed authority holds the prescribed technical qualifications, or where it does not, on the basis of a report of an officer having such qualifications. |
|
What is the territorial validity of a certificate of fitness issued under Section 56? |
A certificate of fitness issued under this Act is valid throughout India so long as it remains effective. |
|
What does Section 57 of the Motor Vehicles Act, 1988 deal with? |
Section 57 deals with the right of appeal |
|
Who can file an appeal under Section 57(1)? |
Any person aggrieved by an order of the registering authority under sections 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55, or 56 may file an appeal. |
|
Within what time period must an appeal be filed under Section 57(1)? |
An appeal must be filed within thirty days of the date on which the person has received notice of the order. |
|
To whom is the appeal made under Section 57(1)? |
The appeal is made to the prescribed authority. |
|
What notice must the appellate authority give under Section 57(2)? |
The appellate authority must give notice of the appeal to the original authority. |
|
What hearing procedure must the appellate authority follow under Section 57(2)? |
The appellate authority must give an opportunity to both the original authority and the appellant to be heard. |
|
What power does the appellate authority have under Section 57(2)? |
After the hearing, the appellate authority may pass such orders as it thinks fit. |
|
What does Section 58 of the Motor Vehicles Act, 1988 deal with? |
Section 58 deals with special provisions relating to transport vehicles |
|
Who has the power to specify the maximum gross vehicle weight and maximum safe axle weight of a transport vehicle under Section 58(1)? |
The Central Government may specify the maximum gross vehicle weight and maximum safe axle weight of each axle for each make and model of a transport vehicle (other than a motorcab) by notification in the Official Gazette. |
|
What factors may the Central Government consider while specifying maximum weights under Section 58(1)? |
The Central Government may consider the number, nature and size of tyres, make and model of the vehicle, and other relevant considerations. |
|
What particulars must a registering authority enter in the certificate of registration under Section 58(2)? |
The registering authority must enter: (a) unladen weight of the vehicle, (b) number, nature and size of tyres attached to each wheel, (c) gross vehicle weight and registered axle weights, and (d) number of passengers if the vehicle is used to carry passengers. |
|
How must the owner display the particulars mentioned under Section 58(2)? |
The owner must exhibit the particulars in the prescribed manner on the vehicle. |
|
Can the certificate of registration record gross vehicle weight or axle weight different from the Central Government notification under Section 58(3)? |
No, the certificate of registration shall not record any gross vehicle weight or axle weight different from that specified in the notification for the make, model, and tyres of the vehicle. |
|
Is there any exception allowing heavier weights than those specified under Section 58(3)? |
Yes, the Central Government may, by order in the Official Gazette, permit heavier weights in a particular locality for vehicles of a particular type with modifications specified in the order. |
|
How can the gross vehicle weight entered in the certificate of registration be revised under Section 58(5)? |
The registering authority may require the owner to produce the certificate of registration within such time and in accordance with such procedure as may be prescribed to revise the gross vehicle weight. |
|
What does Section 59 of the Motor Vehicles Act, 1988 deal with? |
Section 59 deals with the power of the Central Government to fix the age limit of motor vehicles |
|
Who has the authority to specify the life of a motor vehicle under Section 59(1)? |
The Central Government may specify the life of a motor vehicle reckoned from the date of its manufacture by notification in the Official Gazette. |
|
On what considerations may the Central Government fix the age limit of a motor vehicle under Section 59(1)? |
The Central Government may consider public safety, convenience, and the objects of the Motor Vehicles Act. |
|
Can different age limits be specified for different types of motor vehicles under Section 59(1)? |
Yes, the Central Government may specify different ages for different classes or types of motor vehicles. |
|
Are there any exemptions to the age limit specified under Section 59(1)? |
Yes, under Section 59(2), the Central Government may exempt any class or type of motor vehicle for purposes such as display, technical research, demonstrations, or vintage car rallies, subject to conditions in the notification. |
|
How must the exemption under Section 59(2) be communicated? |
The exemption must be communicated by notification in the Official Gazette, either by a general or special order. |
|
Can a prescribed authority or authorised testing station grant a certificate of fitness in violation of an age limit notification under Section 59(3)? |
No, no prescribed authority or authorised testing station shall grant a certificate of fitness to a motor vehicle in contravention of the notification issued under sub-section (1). |
|
What does Section 60 of the Motor Vehicles Act, 1988 deal with? |
Section 60 deals with the registration of motor vehicles belonging to the Central Government |
|
Who may register vehicles under Section 60(1)? |
Such authority as the Central Government may specify by notification in the Official Gazette may register any motor vehicle that is the property of, or under the exclusive control of, the Central Government and used for defence purposes unconnected with commercial enterprise. |
|
Is a Central Government vehicle registered under Section 60 required to be registered under other provisions of the Act? |
No, as long as it remains the property or under the exclusive control of the Central Government, it does not require registration under other provisions of the Act. |
|
What must the registering authority do under Section 60(2) when registering a Central Government vehicle? |
The authority must assign a registration mark in accordance with Central Government rules and issue a certificate stating that the vehicle complies with all requirements of the Act and has been registered under this section. |
|
What must a vehicle registered under Section 60 carry according to Section 60(3)? |
It must carry the certificate issued under sub-section (2). |
|
What happens if a vehicle registered under Section 60 ceases to be the property or under exclusive control of the Central Government? |
Sections 39 and 40 of the Act shall apply, and the vehicle must be registered in the usual manner. |
|
What information must the registering authority furnish to a State Government under Section 60(5)? |
The authority must furnish information regarding the general nature, overall dimensions, and axle weights of the vehicle as required by the State Government. |
|
What does Section 61 of the Motor Vehicles Act, 1988 deal with? |
Section 61 deals with the application of chapter to trailers |
|
Do the provisions of this Chapter apply to trailers? |
Yes, the provisions of this Chapter apply to the registration of trailers in the same manner as they apply to other motor vehicles. |
|
How must the registration mark be displayed on a trailer under Section 61(2)? |
The registration mark assigned to a trailer must be displayed on the side of the drawing vehicle in the manner prescribed by the Central Government. |
|
What is the requirement for driving a motor vehicle with a trailer under Section 61(3)? |
No person shall drive a motor vehicle with a trailer attached unless the registration mark of the motor vehicle is displayed on the trailer or on the last trailer in the train, as prescribed by the Central Government. |
|
What does Section 62 of the Motor Vehicles Act, 1988 deal with? |
Section 62 deals with the Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority |
|
Who may direct the submission of information regarding stolen and recovered vehicles under Section 62? |
The State Government may direct the submission of such information if it deems it necessary or expedient in the public interest. |
|
Which police officers are required to submit returns under Section 62? |
The Inspector General of Police (or equivalent designation) and such other police officers as specified by the State Government are required to submit returns. |
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What information is to be included in the returns submitted under Section 62? |
The returns must contain information regarding vehicles that have been stolen and stolen vehicles that have been recovered, of which the police are aware. |
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Who receives the returns regarding stolen and recovered vehicles under Section 62? |
The returns are to be submitted to the State Transport Authority. |
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Can the State Government prescribe the form and period for submitting returns under Section 62? |
Yes, the State Government may prescribe the form in which the returns are to be made and the period within which they must be submitted. |
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What does Section 63 of the Motor Vehicles Act, 1988 deal with? |
Section 63 deals with the maintenance of State Registers of Motor Vehicles |
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What is the purpose of the State Register of Motor Vehicles under Section 63(1)? |
The State Register is maintained to record details of all motor vehicles in the State, including registration numbers, year of manufacture, classes and types, names and addresses of registered owners, and other prescribed particulars. |
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Who is responsible for maintaining the State Register of Motor Vehicles? |
Each State Government is responsible for maintaining the State Register of Motor Vehicles in the prescribed form. |
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What details must be recorded in the State Register according to Section 63(1)? |
The State Register must contain (a) registration numbers, (b) years of manufacture, (c) classes and types, (d) names and addresses of registered owners, and (e) other particulars as prescribed by the Central Government. |
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What must a State Government do if the Central Government desires a copy of the State Register under Section 63(2)? |
The State Government shall supply a printed copy of the State Register and inform the Central Government without delay of all additions and amendments made from time to time. |
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How shall the State Register of Motor Vehicles be maintained under Section 63(3)? |
The State Register shall be maintained in such manner as may be prescribed by the State Government. |
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What does Section 64 of the Motor Vehicles Act, 1988 deal with? |
Section 64 deals with the power of the Central Government to make rules |
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Who has the authority to make rules under Section 64? |
The Central Government has the authority to make rules under Section 64. |
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What matters can the Central Government prescribe under Section 64(a) to (p)? |
The Central Government can prescribe rules regarding the forms, periods, documents, particulars, fees, procedures, and other matters related to: - (a) Applications under section 41(1) (b) Certificates of registration under section 41(3) (c) Entry of registration particulars under section 41(5) (d) Display of registration marks under section 41(6) (e) Applications under section 41(8) (f) Applications under section 41(14) (g) Applications under section 47(1) (h) Applications for “No Objection Certificate” under section 48(1) and receipts under section 48(2) (i) Compliance requirements before issuance of NOC under section 48 (j) Intimation of change of address under section 49(1) (k) Intimation of transfer of ownership under section 50(1) or (2) (l) Applications under section 51(2) or (3) (m) Form and contents of certificate of fitness under section 56(1) (n) Period of validity of certificate of fitness under section 56 (o) Fees for registrations, transfers, endorsements, fitness certificates, inspections, and refunds (p) Any other matter that may be prescribed by the Central Government. |
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Can the Central Government prescribe fees under Section 64? |
Yes, under Section 64(o), the Central Government can prescribe fees for issue, renewal, or alteration of certificates of registration, ownership transfers, hire-purchase/lease/hypothecation endorsements, fitness certificates, registration marks, inspections, and refunds. |
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Can the Central Government make rules about procedures for displaying registration marks? |
Yes, under Section 64(d), the Central Government can make rules about the form and manner in which registration marks, letters, figures, and other particulars are displayed. |
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What does Section 65 of the Motor Vehicles Act, 1988 deal with? |
Section 65 deals with the power of State Governments to make rules |
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Who can make rules under Section 65? |
The State Government has the authority to make rules under Section 65. |
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What is the scope of the rules made by State Governments under Section 65(2)(a)? |
The rules may provide for the conduct and hearing of appeals under this Chapter, including the fees payable and the refund of such fees. |
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What provisions can State Governments make regarding registering and prescribed authorities under Section 65(2)(b)? |
State Governments may make rules concerning the appointment, functions, and jurisdiction of registering and other prescribed authorities. |
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Can State Governments exempt certain vehicles from provisions of this Chapter? |
Yes, under Section 65(2)(c), State Governments can exempt road-rollers, graders, and other vehicles designed for construction, repair, or cleaning of roads from all or any provisions of this Chapter, with specified conditions. |
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What rules can State Governments make about certificates of registration and fitness? |
Under Section 65(2)(d), State Governments can make rules regarding the issue or renewal of certificates of registration and fitness, and duplicates for lost, destroyed, or mutilated certificates. |
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Can State Governments regulate temporary registration of vehicles? |
Yes, under Section 65(2)(f), rules may be made for temporary registration, including the issue of temporary certificates and marks. |
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How can State Governments make rules regarding the State Register of Motor Vehicles? |
Under Section 65(2)(o), the State Government may prescribe the manner in which the State Register of Motor Vehicles is maintained. |
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Can State Governments prescribe forms, fees, and exemptions under Section 65? |
Yes, under Section 65(2)(h), (i), and (m), the State Government may provide for exemptions from fees, prescribe forms (other than those by the Central Government), and exempt vehicles in the possession of dealers with conditions and fees. |
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Can the State Government prescribe any other matters under Section 65? |
Yes, under Section 65(2)(p), the State Government can prescribe any other matters necessary for carrying out the provisions of this Chapter. |
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CHAPTER-V |
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CONTROL OF TRANSPORT VEHICLES |
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What does Section 66 of the Motor Vehicles Act, 1988 deal with? |
Section 66 deals with the necessity for permits |
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Who is required to obtain a permit under Section 66(1)? |
The owner of a motor vehicle must not use or allow the use of the vehicle as a transport vehicle in any public place without a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority. |
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Can a stage carriage permit authorize other uses of the vehicle? |
Yes, a stage carriage permit may authorize the vehicle to be used as a contract carriage or, subject to conditions, as a goods carriage. |
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Can a goods carriage permit authorize the drawing of other trailers? |
Yes, the holder of a goods carriage permit may use the vehicle to draw any public or semi-trailer not owned by him, subject to prescribed conditions. |
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Are there exceptions to the requirement of a permit under Section 66(3)? |
Yes, permits are not required for transport vehicles used by the Central or State Government, local authorities, police, fire brigade, ambulances, vehicles conveying corpses, towing disabled vehicles, or vehicles used for specified public purposes. |
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Do small goods vehicles require a permit under Section 66(3)(i)? |
No, goods vehicles with a gross vehicle weight not exceeding 3,000 kilograms are exempt from the permit requirement. |
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Can a temporarily registered vehicle proceed without a permit? |
Yes, a transport vehicle temporarily registered under section 43 may proceed empty to a place for the purpose of registration. |
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Are vehicles diverted due to natural calamities exempt from permits? |
Yes, vehicles diverted due to floods, earthquakes, or other unforeseen circumstances may proceed without a permit to reach their destination. |
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What about vehicles under hire-purchase, lease, or hypothecation agreements? |
Vehicles taken possession of by the financier due to the owner's default may proceed without a permit to reach their destination. |
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Can transport vehicles proceed empty for repairs without a permit? |
Yes, transport vehicles proceeding empty to any place for the purpose of repair are exempt from the permit requirement. |
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Does Section 66 apply to larger passenger vehicles? |
Yes, subject to subsection (3), it may apply to motor vehicles adapted to carry more than nine persons (excluding the driver), if prescribed by the State Government. |
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What does Section 67 of the Motor Vehicles Act, 1988 deal with? |
Section 67 provides the State Government with the power to control road transport, |
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On what grounds can the State Government issue directions under Section 67(1)? |
The State Government may issue directions having regard to public advantages, coordination with rail transport, prevention of road deterioration, and prevention of uneconomic competition among permit holders. |
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To whom are the directions issued under Section 67(1) applicable? |
Directions are issued to both the State Transport Authority and the Regional Transport Authority. |
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What matters can directions under Section 67(1)(i) regulate? |
Directions may regulate the fixing of fares and freights, including specifying maximum and minimum rates for stage carriages, contract carriages, and goods carriages. |
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What does Section 67(1)(ii) empower the State Government to do regarding goods traffic? |
The State Government can prohibit or restrict, subject to conditions, the conveyance of long-distance goods traffic generally or of specified classes of goods by goods carriages. |
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Can the State Government issue directions to coordinate with agreements involving other governments? |
Yes, Section 67(1)(iii) allows directions on matters necessary to give effect to agreements with the Central Government, other State Governments, or foreign governments regarding motor transport regulation and coordination. |
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What procedure must be followed before issuing certain directions under Section 67(1)? |
For directions under clauses (ii) or (iii), a draft must be published in the Official Gazette at least one month before consideration, and objections or suggestions must be considered after consulting the State Transport Authority and affected representatives. |
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Can directions regarding fares and freights include taxes? |
Yes, Section 67(2) allows directions to provide that fares or freights are inclusive of taxes payable under laws relating to tax on passengers and goods. |
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What does Section 68 of the Motor Vehicles Act, 1988 deal with? |
Section 68 provides for the transport authorities |
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Who constitutes the State Transport Authority and Regional Transport Authorities? |
The State Government, by notification in the Official Gazette, constitutes the State Transport Authority for the State and Regional Transport Authorities for specified regions. |
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Can the Administrator in Union Territories refrain from constituting Regional Transport Authorities? |
Yes, in Union Territories, the Administrator may abstain from constituting any Regional Transport Authority. |
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What is the composition of a State Transport Authority under Section 68(2)? |
It consists of a chairman with judicial or adjudicating experience, and up to four other members (officials or non-officials) as appointed by the State Government. |
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What is the composition of a Regional Transport Authority under Section 68(2)? |
It consists of a chairman with judicial or adjudicating experience, and up to two other members (officials or non-officials) as appointed by the State Government. |
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Can a member of a Transport Authority have financial interests in transport undertakings? |
No person with financial interest in a transport undertaking can be appointed or continue as a member. If a member acquires such interest, they must notify the State Government and vacate office within four weeks. |
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Can a member preside over meetings in the absence of the Chairman? |
Yes, any member may preside over a meeting during the Chairman’s absence, even if they lack judicial or adjudicating experience. |
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Can a Transport Authority consist of only one member? |
Yes, the State Government may constitute a STA or RTA with only one member who has judicial or adjudicating experience if considered necessary. |
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What are the functions of the State Transport Authority under Section 68(3)? |
It coordinates and regulates RTAs, performs duties where no RTA exists, resolves disputes between RTAs, formulates routes for stage carriages, and discharges other prescribed functions. |
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Can a State Transport Authority issue directions to Regional Transport Authorities? |
Yes, under Section 68(4), a STA may issue directions to RTAs, and RTAs must give effect to and follow these directions. |
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Can Transport Authorities delegate their powers and functions? |
Yes, under Section 68(5), a STA or RTA, if authorised by rules under Section 96, may delegate powers and functions subject to restrictions, limitations, and conditions prescribed by such rules. |
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What does Section 69 of the Motor Vehicles Act, 1988 deal with? |
Section 69 provides general provisions regarding the application for permits submitted. |
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To which authority should an application for a permit be made if the vehicle is to be used in a single region? |
The application must be made to the Regional Transport Authority (RTA) of the region in which the vehicle is proposed to be used. |
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Where should an application be submitted if the vehicle is to be used in two or more regions within the same State? |
The application should be made to the RTA of the region in which the major portion of the proposed route or area lies. If the portions in each region are approximately equal, then to the RTA of the region where the vehicle is proposed to be kept. |
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Where should an application be submitted if the vehicle is to be used in regions lying in different States? |
The application should be made to the RTA of the region where the applicant resides or has their principal place of business. |
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Can the State Government modify which authority receives applications for vehicles used across states? |
Yes, the State Government may, by notification in the Official Gazette, direct that applications for vehicles used in two or more regions in different States be made to the State Transport Authority (STA) of the region where the applicant resides or has their principal place of business. |
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What does Section 70 of the Motor Vehicles Act, 1988 deal with? |
Section 70 deals with the application for a stage carriage permit
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What particulars must be included in an application for a stage carriage permit? |
The application must include: (a) the route(s) or area(s) to which the application relates, (b) the type and seating capacity of each vehicle, (c) the minimum and maximum number of daily trips proposed and the timetable of normal trips, (d) the number of vehicles kept in reserve, (e) arrangements for housing, maintenance, repair, passenger comfort, and luggage storage, and (f) any other matters as may be prescribed. |
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How is a "trip" defined for the purposes of a stage carriage permit? |
A "trip" means a single journey from one point to another, and every return journey is considered a separate trip. |
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What should an applicant include regarding reserve vehicles in the stage carriage permit application? |
The applicant must specify the number of vehicles intended to be kept in reserve to maintain service and provide for special occasions. |
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What arrangements regarding vehicle maintenance and passenger convenience must be mentioned in the application? |
The applicant must describe arrangements for housing, maintenance, and repair of vehicles, ensuring passenger comfort and convenience, and for the safe storage of luggage. |
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Are there additional documents required to be submitted with a stage carriage permit application? |
Yes, the application must be accompanied by such documents as may be prescribed by the rules under the Act. |
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What does Section 71 of the Motor Vehicles Act, 1988 deal with? |
Section 71 lays down the procedure to be followed by the Regional Transport Authority while considering applications for stage carriage permits. |
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What must the Regional Transport Authority consider while deciding an application for a stage carriage permit? |
The Regional Transport Authority must have regard to the objects of the Motor Vehicles Act, 1988. |
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When must a Regional Transport Authority refuse a stage carriage permit? |
The Authority must refuse the permit if the timetable furnished indicates a likely contravention of statutory speed limits. |
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Is the applicant given an opportunity before refusal of a stage carriage permit on speed-related grounds? |
Yes, the applicant must be given an opportunity to amend the timetable to conform to the speed provisions of the Act. |
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When can the number of stage carriages operating on city routes be limited? |
The State Government may limit the number of stage carriages on city routes in towns with a population of not less than five lakhs, if directed by the Central Government, considering vehicles, road conditions, and other relevant factors. |
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What reservation is provided when the number of stage carriages is fixed? |
A certain percentage of stage carriage permits must be reserved for Scheduled Castes and Scheduled Tribes in the same ratio as direct recruitment in State public services. |
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Who is responsible for reserving permits for Scheduled Castes and Scheduled Tribes? |
The Regional Transport Authority reserves permits as fixed by the State Government. |
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What factors must be considered after reservation while granting stage carriage permits? |
The Authority must consider the applicant’s financial stability, past performance including tax payment, and other prescribed matters. |
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Which applicants are given preference if other conditions are equal? |
Preference is given to State transport undertakings, cooperative societies, ex-servicemen, and any other class specified by the State Government with recorded reasons. |
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How are “company” and “director” defined for the purposes of Section 71? |
A company includes anybody corporate, firm, or association of individuals, and a director in relation to a firm means a partner of the firm. |
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What does Section 72 of the Motor Vehicles Act, 1988 deal with? |
It relates to the grant of stage carriage permits |
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Which authority grants a stage carriage permit? |
The Regional Transport Authority grants the stage carriage permit. |
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Is the grant of a stage carriage permit subject to any provision? |
Yes, it is subject to the provisions of Section 71. |
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Can the Regional Transport Authority modify an application while granting a permit? |
Yes, it may grant the permit in accordance with the application or with such modifications as it deems fit. |
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Can a stage carriage permit be granted for a route not mentioned in the application? |
No, a permit cannot be granted for any route or area not specified in the application. |
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What discretion does the Authority have while granting a stage carriage permit? |
It may grant the permit for a stage carriage of a specified description and impose conditions. |
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Can conditions be attached to a stage carriage permit? |
Yes, one or more statutory conditions may be attached, subject to the Act and rules. |
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Can the permit restrict operation to a specific route or area? |
Yes, the permit may limit operation to specified routes or areas. |
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Can the Authority specify when operations must begin? |
Yes, the permit may require commencement from a specified date. |
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Can daily trips be regulated through permit conditions? |
Yes, minimum and maximum daily trips may be specified. |
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Is display of the approved timetable mandatory? |
Yes, copies of the approved timetable must be exhibited on vehicles and at specified stands and halts. |
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Can deviation from the timetable be regulated? |
Yes, operation must remain within permitted margins of deviation. |
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Can passenger pick-up and drop points be restricted? |
Yes, within municipal and prescribed areas, pick-up and drop-off is allowed only at specified points. |
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Can limits be imposed on passengers and luggage? |
Yes, maximum passengers and luggage weight may be fixed. |
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Can free luggage allowance be regulated? |
Yes, the weight and nature of luggage carried free of charge can be specified. |
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Can extra luggage charges be regulated? |
Yes, the rate of charge for excess luggage may be fixed. |
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Can the Authority require a specific type of vehicle body? |
Yes, vehicles of a specified type conforming to approved specifications may be mandated. |
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Is there any protection for existing vehicles after new specifications are approved? |
Yes, existing vehicles may continue to operate for two years from the date of publication of the approved specifications. |
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What does clause (xi) of Section 72(2) provide? |
It requires maintenance of specified standards of comfort and cleanliness in stage carriages. |
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Can goods be carried in a stage carriage? |
Yes, subject to conditions regarding carriage of goods in addition to or to the exclusion of passengers. |
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How are fares to be charged under a stage carriage permit? |
Fares must be charged strictly in accordance with the approved fare table. |
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Is display of fare table mandatory? |
Yes, a copy or extract of the approved fare table and special fares must be exhibited on the vehicle and at specified stands and halts. |
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Are tickets compulsory for passengers? |
Yes, tickets bearing specified particulars and showing fares charged must be issued. |
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Must records of tickets be maintained? |
Yes, records of tickets issued must be kept in the prescribed manner. |
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Can mails be carried in a stage carriage? |
Yes, subject to specified conditions including time and charges. |
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Is the permit holder required to keep reserve vehicles? |
Yes, vehicles must be kept in reserve to maintain operations and meet special occasions. |
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Can a stage carriage be used as a contract carriage? |
Yes, subject to conditions specified in the permit. |
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Are arrangements for maintenance and repair mandatory? |
Yes, specified arrangements for housing, maintenance and repair must be made. |
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Can Government bus stations be made compulsory for use? |
Yes, specified bus stations or shelters must be used and prescribed rent or fee paid. |
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Can permit conditions be altered without approval? |
No, permit conditions cannot be departed from without approval of the Regional Transport Authority. |
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Can the Regional Transport Authority vary permit conditions? |
Yes, after giving at least one month’s notice. |
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Is there any limit on variation of route distance? |
Yes, variation cannot alter the original route distance by more than 24 kilometers. |
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When can route variation be allowed? |
Only when it serves public convenience and a separate permit is not expedient. |
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Can additional conditions be attached later? |
Yes, the Authority may attach further conditions after due notice. |
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Can the permit holder be required to submit returns? |
Yes, periodical returns, statistics and information may be required. |
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Can other conditions be imposed? |
Yes, any other prescribed conditions may be attached to the permit. |
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What does Section 73 relate to or deal with? |
Application for contract carriage permit. |
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Under Section 73, for what type of permit is an application made? |
An application is made for a permit in respect of a contract carriage, referred to as a contract carriage permit. |
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According to Section 73(a), what vehicle-related details must be stated in the application? |
The application must state the type and seating capacity of the vehicle. |
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According to Section 73(b), what geographical detail must be included in the application? |
The application must specify the area for which the permit is required. |
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Under Section 73(c), what additional information may be required in the application? |
Any other particulars which may be prescribed. |
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What does Section 74 relate to or deal with? |
Grant of contract carriage permit. |
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Under Section 74(1), which authority is empowered to grant a contract carriage permit? |
The Regional Transport Authority may grant a contract carriage permit on an application made under Section 73. |
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According to Section 74(1), what options does the Regional Transport Authority have while deciding an application? |
It may grant the permit in accordance with the application, grant it with modifications, or refuse to grant the permit. |
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What restriction is imposed by the proviso to Section 74(1)? |
No contract carriage permit shall be granted in respect of any area not specified in the application. |
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Under Section 74(2), what power does the Regional Transport Authority have regarding conditions of a permit? |
It may attach one or more conditions to the permit, subject to the rules made under the Act. |
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According to Section 74(2)(i), what territorial restriction may be imposed on contract carriages? |
Vehicles may be restricted to operate only in a specified area or on specified route or routes. |
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What limitation on hiring contracts is provided under Section 74(2)(ii)? |
No contract of hiring may be entered into outside the specified area except as per specified conditions. |
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What passenger and luggage limits can be imposed under Section 74(2)(iii)? |
Limits on maximum number of passengers and maximum weight of luggage may be specified. |
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What does Section 74(2)(iv) regulate regarding goods? |
It regulates the conditions under which goods may be carried in a contract carriage in addition to or instead of passengers. |
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What fare-related condition can be imposed under Section 74(2)(v) for motor cabs? |
Specified fares or rates may be charged and a copy of the fare table must be exhibited in the vehicle. |
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What hiring rate condition applies to vehicles other than motor cabs under Section 74(2)(vi)? |
Specified rates of hiring not exceeding the prescribed maximum may be charged. |
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What luggage-related condition may be imposed on motor cabs under Section 74(2)(vii)? |
A specified weight of passengers’ luggage must be carried free of charge, with excess charged at specified rates. |
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What equipment requirement may be imposed under Section 74(2)(viii)? |
A taximeter must be fitted and maintained in proper working order, if prescribed. |
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Under Section 74(2)(ix), what powers does the Regional Transport Authority have after giving notice? |
It may vary existing permit conditions or attach further conditions after giving at least one month’s notice. |
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What restriction on deviation from permit conditions is stated under Section 74(2)(x)? |
Permit conditions shall not be departed from without the approval of the Regional Transport Authority. |
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What service quality standards may be enforced under Section 74(2)(xi)? |
Specified standards of comfort and cleanliness must be maintained in the vehicles. |
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What obligation regarding refusal of service is imposed under Section 74(2)(xii)? |
Plying of the vehicle or carrying of passengers shall not be refused except in exceptional circumstances. |
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What is covered under Section 74(2)(xiii)? |
Any other conditions which may be prescribed. |
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What does Section 74(3)(a) empower the State Government to do? |
To direct authorities to limit the number of contract carriages operating on city routes in towns with population of not less than five lakhs. |
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Which factors must be considered before limiting contract carriages under Section 74(3)(a)? |
Number of vehicles, road conditions, and other relevant matters. |
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Under Section 74(3)(b), what must the Regional Transport Authority consider while granting permits where limits are fixed? |
Financial stability, satisfactory past performance, payment of taxes, and other prescribed matters. |
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According to the proviso to Section 74(3)(b), who are given preference when other conditions are equal? |
ITDC, State Tourism Development Corporations, State Tourism Departments, State Transport Undertakings, co-operative societies, and ex-servicemen. |
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What does Section 75 relate to or deal with? |
Scheme for renting of motor cabs. |
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Under Section 75(1), which authority is empowered to make a scheme for renting of motor cabs or motor cycles? |
The Central Government may make the scheme by notification in the Official Gazette. |
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What is the purpose of the scheme under Section 75(1)? |
To regulate the business of renting motor cabs or motor cycles to persons desiring to drive them themselves or through drivers for their own use and matters connected therewith. |
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Under Section 75(2), what is the scope of matters that a scheme may provide for? |
The scheme may provide for all or any of the matters specified in clauses (a) to (i). |
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What does Section 75(2)(a) provide regarding operators? |
Licensing of operators under the scheme, including grant, renewal, and revocation of licences. |
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What procedural details may be prescribed under Section 75(2)(b)? |
The form of application, form of licences, and particulars to be contained in them. |
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What financial requirement is covered under Section 75(2)(c)? |
The fee to be paid with the application for licences. |
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According to Section 75(2)(d), to whom must applications be made? |
To the authorities specified under the scheme. |
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What licensing conditions are addressed under Section 75(2)(e)? |
Conditions subject to which licences may be granted, renewed, or revoked. |
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What appellate remedies are provided under Section 75(2)(f)? |
Appeals against refusal to grant or renew licences and against orders revoking licences. |
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What operational condition is covered under Section 75(2)(g)? |
Conditions subject to which motor cabs may be rented. |
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What compliance mechanism is provided under Section 75(2)(h)? |
Maintenance of records and inspection of such records. |
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What residual power is provided under Section 75(2)(i)? |
Provision for any other matters necessary to carry out the purposes of this section. |
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What does Section 76 relate to or deal with? |
Application for private service vehicle permit. |
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Under Section 76(1), which authority is empowered to grant a private service vehicle permit? |
The Regional Transport Authority may grant a private service vehicle permit on an application made to it. |
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According to Section 76(1), what options does the Regional Transport Authority have while deciding the application? |
It may grant the permit in accordance with the application, grant it with modifications, or refuse to grant the permit. |
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What restriction is imposed by the proviso to Section 76(1)? |
No permit shall be granted for any area or route not specified in the application. |
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What does Section 76(2) prescribe regarding applications for private service vehicle permits? |
It specifies the particulars that must be contained in an application. |
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According to Section 76(2)(a), what vehicle details must be mentioned in the application? |
The type and seating capacity of the vehicle. |
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According to Section 76(2)(b), what geographical information must be provided? |
The area or route or routes to which the application relates. |
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What purpose-related information is required under Section 76(2)(c)? |
The manner in which the vehicle will serve the purpose of carrying persons otherwise than for hire or reward or in connection with the applicant’s trade or business. |
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What additional information may be required under Section 76(2)(d)? |
Any other particulars which may be prescribed. |
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Under Section 76(3), what power does the Regional Transport Authority have after deciding to grant the permit? |
It may attach one or more conditions to the permit, subject to the rules made under the Act. |
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What territorial condition may be imposed under Section 76(3)(i)? |
The vehicle may be restricted to use only in a specified area or on specified route or routes. |
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What limits on passengers and luggage may be imposed under Section 76(3)(ii)? |
Limits on the maximum number of persons and maximum weight of luggage that may be carried. |
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What modification powers are provided under Section 76(3)(iii)? |
After giving at least one month’s notice, the Authority may vary permit conditions or attach further conditions. |
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What restriction on deviation from permit conditions is stated under Section 76(3)(iv)? |
Permit conditions shall not be departed from without the approval of the Regional Transport Authority. |
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What quality standards may be enforced under Section 76(3)(v)? |
Specified standards of comfort and cleanliness shall be maintained in the vehicle. |
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What reporting obligation may be imposed under Section 76(3)(vi)? |
The permit holder shall furnish periodical returns, statistics, and other information as specified by the State Government. |
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What is covered under Section 76(3)(vii)? |
Any other conditions which may be prescribed. |
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What does Section 77 relate to or deal with? |
Application for goods carriage permit. |
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What is the purpose of an application made under Section 77? |
To obtain a permit to use a motor vehicle for the carriage of goods for hire or reward or for carrying goods in connection with the applicant’s trade or business. |
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How is a permit referred to in this Chapter when granted under Section 77? |
It is referred to as a goods carriage permit. |
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To what extent must an application under Section 77 contain particulars? |
The application shall, as far as may be, contain the particulars specified in the section. |
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What territorial information must be provided under Section 77(a)? |
The area or the route or routes to which the application relates. |
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What vehicle-related details are required under Section 77(b)? |
The type and capacity of the vehicle. |
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What information regarding the goods must be specified under Section 77(c)? |
The nature of the goods proposed to be carried. |
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What operational arrangements must be disclosed under Section 77(d)? |
Arrangements for housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods. |
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What past business-related particulars may be required under Section 77(e)? |
Particulars relating to any business carried on earlier by the applicant as a carrier of goods for hire or reward and the rates charged by the applicant. |
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Which authority may require particulars under Section 77(e)? |
The Regional Transport Authority. |
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What type of agreements or arrangements must be disclosed under Section 77(f)? |
Agreements or arrangements materially affecting the provision of facilities for transport of goods for hire or reward. |
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Within which geographical scope must such agreements be disclosed under Section 77(f)? |
Within the region of the Regional Transport Authority. |
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Does Section 77(f) cover agreements entered into outside the region of the Regional Transport Authority? |
Yes, it applies to agreements entered into whether within or without the region. |
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What residual information can be required under Section 77(g)? |
Any other particulars which may be prescribed. |
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What does Section 78 relate to or deal with? |
Consideration of application for goods carriage permit. |
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Which authority is responsible for considering applications under Section 78? |
The Regional Transport Authority. |
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What key factor must the Regional Transport Authority consider under Section 78(a)? |
The nature of the goods to be carried, with special reference to their dangerous or hazardous nature to human life. |
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What specific substances must be evaluated under Section 78(b)? |
Chemicals or explosives to be carried, with special reference to safety to human life. |
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Why is the nature of goods important under Section 78? |
To ensure that goods which are dangerous or hazardous are handled safely and do not pose a risk to human life. |
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What is the focus of Section 78 in relation to goods carriage permits? |
Safety considerations for goods being transported, particularly dangerous or hazardous materials. |
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What does Section 79 relate to or deal with? |
Grant of goods carriage permit. |
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Under Section 79(1), which authority is empowered to grant a goods carriage permit? |
The Regional Transport Authority may grant a goods carriage permit on an application made under Section 77. |
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What options does the Regional Transport Authority have while deciding the application under Section 79(1)? |
It may grant the permit as per the application, grant it with modifications, or refuse to grant the permit. |
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What restriction is imposed by the proviso to Section 79(1)? |
No permit shall be granted for any area or route not specified in the application. |
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Under Section 79(2)(i), what territorial restriction may be imposed on a goods carriage permit? |
The vehicle shall be used only in a specified area or on specified route or routes. |
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What limitation on vehicle weight may be imposed under Section 79(2)(ii)? |
The gross vehicle weight of the vehicle shall not exceed a specified maximum. |
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What restriction on goods may be imposed under Section 79(2)(iii)? |
Goods of a specified nature shall not be carried. |
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What regulation regarding rates is provided under Section 79(2)(iv)? |
Goods shall be carried at specified rates. |
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What obligations regarding vehicle and goods management are imposed under Section 79(2)(v)? |
Specified arrangements shall be made for the housing, maintenance, and repair of the vehicle, and for the storage and safe custody of the goods. |
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What reporting obligations may be imposed under Section 79(2)(vi)? |
The permit holder shall furnish periodical returns, statistics, and other information as prescribed by the State Government. |
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What modification powers are provided under Section 79(2)(vii)? |
After giving at least one month's notice, the Authority may vary conditions of the permit or attach further conditions. |
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What restriction on deviation from permit conditions is stated under Section 79(2)(viii)? |
Conditions shall not be departed from without the approval of the Regional Transport Authority. |
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What additional conditions are covered under Section 79(2)(ix)? |
Any other conditions which may be prescribed. |
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What special conditions are allowed under Section 79(3) regarding goods carriage? |
Conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. |
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What does Section 80 relate to or deal with? |
Procedure in applying for and granting permits. |
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Under Section 80(1), when can an application for any kind of permit be made? |
An application for a permit of any kind may be made at any time. |
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According to Section 80(2), is a transport authority generally allowed to refuse applications for permits? |
No, a Regional Transport Authority, State Transport Authority, or prescribed authority shall not ordinarily refuse to grant an application for a permit of any kind. |
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Under the first proviso to Section 80(2), when may a transport authority summarily refuse an application? |
If granting the permit would increase the number of stage carriages or contract carriages beyond the numbers fixed and specified in the Official Gazette. |
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What obligations does a transport authority have if it refuses a permit application under the second proviso to Section 80(2)? |
It must give the applicant written reasons for the refusal and provide an opportunity to be heard. |
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According to Section 80(3), how is an application to vary the conditions of a permit generally treated? |
It is treated as an application for the grant of a new permit. |
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What exception exists under Section 80(3) for a stage carriage permit holder? |
If the holder provides the only service on a route, increasing the frequency without increasing the number of vehicles is not treated as a new permit application. |
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Under Section 80(3)(i), what is the maximum distance allowed for a variation of a route? |
The distance covered by the variation shall not exceed twenty-four kilometres from the termini. |
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Under Section 80(3)(ii), what is the maximum distance allowed for an extension of a route? |
The distance covered by the extension shall not exceed twenty-four kilometres from the termini. |
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What conditions must be satisfied before a transport authority allows a variation or extension within the limits mentioned in Section 80(3)? |
The authority must be satisfied that the variation will serve the convenience of the public and that it is not expedient to grant a separate permit for the original route as varied or extended. |
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Under Section 80(4), what power does a transport authority have regarding previously granted permits? |
It may replace any previously granted permit with a fresh permit conforming to the provisions of Section 72, 74, 76, or 79. |
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According to Section 80(4) proviso, what restriction exists on conditions attached to a fresh permit? |
No condition other than those already attached or that could have been attached under the law at the time may be added without the written consent of the permit holder. |
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Under Section 80(5), how long is a fresh permit effective when replacing a previously granted permit? |
It is effective without renewal for the remainder of the period during which the replaced permit would have been effective. |
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What does Section 81 relate to or deal with? |
Duration and renewal of permits. |
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According to Section 81(1), what is the standard validity period of a permit? |
A permit, other than a temporary permit or special permit, is effective for five years from the date of issuance or renewal. |
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Under the proviso to Section 81(1), how is a countersigned permit under Section 88(1) treated? |
The countersignature remains effective without renewal for the same period as the primary permit to synchronise its validity. |
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When must an application for renewal of a permit be made under Section 81(2)? |
Not less than fifteen days before the date of expiry of the permit. |
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What flexibility does Section 81(3) provide for late renewal applications? |
The authority may entertain a late renewal application if the applicant was prevented by good and sufficient c ause from applying within the specified time. |
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Under Section 81(4)(a), on what financial ground can a renewal application be rejected? |
If the applicant is insolvent or has unsatisfied decrees for payment of debts for thirty days prior to consideration. |
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According to Section 81(4)(b), how can prior punishments affect renewal? |
If the applicant was punished twice or more within twelve months for offences related to stage carriage operation, the renewal may be rejected. |
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What offences are considered under Section 81(4)(b)(i) for rejecting a renewal? |
Plying a vehicle without payment of tax, without payment of tax during the grace period and then stopping plying, or on an unauthorised route. |
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What offence is included under Section 81(4)(b)(ii)? |
Making unauthorised trips. |
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How does Section 81(4) proviso handle punishments stayed by an appellate authority? |
Such punishments are not counted for the purpose of rejecting a renewal application. |
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What procedural safeguard is required before rejecting a renewal under Section 81(4)? |
The applicant must be given an opportunity of being heard. |
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Under Section 81(5), from what date does a late renewal take effect? |
From the date of expiry of the previous permit, regardless of any temporary permit granted. |
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What happens to the fee paid for a temporary permit if the renewal is granted under Section 81(5)? |
The fee paid for the temporary permit is refunded. |
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What does Section 82 relate to or deal with? |
Transfer of permit. |
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According to Section 82(1), can a permit be transferred from one person to another freely? |
No, a permit is not transferable without the permission of the transport authority which granted it. |
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Without permission under Section 82(1), what rights does a transferee have over the vehicle covered by the permit? |
The transferee does not acquire any right to use the vehicle in the manner authorised by the permit. |
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Under Section 82(2), what happens to a permit when the holder dies? |
The person succeeding to the possession of the vehicle may use the permit for a period of three months as if it had been granted to himself. |
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What condition must be fulfilled within thirty days under Section 82(2) after the death of the holder? |
The successor must inform the transport authority of the death of the holder and his intention to use the permit. |
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According to Section 82(2) proviso, until when can the successor use the permit? |
No permit can be used after the date it would have ceased to be effective without renewal in the hands of the deceased holder. |
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Under Section 82(3), how can a permit be formally transferred after the death of the holder? |
The transport authority may transfer the permit to the successor on application made within three months of the holder's death. |
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What flexibility does Section 82(3) provide for late applications for transfer? |
The transport authority may accept an application after three months if satisfied that good and sufficient cause prevented timely application. |
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What does Section 83 relate to or deal with? |
Replacement of vehicles under a permit. |
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According to Section 83, who has the authority to approve the replacement of a vehicle covered by a permit? |
The authority which granted the original permit. |
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Under Section 83, what condition must the replacement vehicle satisfy? |
The replacement vehicle must be of the same nature as the vehicle being replaced. |
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Can a permit holder replace a vehicle without permission under Section 83? |
No, the replacement requires prior permission from the granting authority. |
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What does Section 84 relate to or deal with? |
General conditions attaching to all permits. |
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According to Section 84(a), what certificate must every vehicle under a permit carry? |
A valid certificate of fitness issued under section 56, maintained in compliance with the Act and rules. |
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What speed restriction is imposed under Section 84(b)? |
The vehicle must not be driven at a speed exceeding the speed permitted under this Act. |
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What compliance is required under Section 84(c) regarding prohibitions, restrictions, and fares? |
Any prohibition, restriction, or fare/freight fixed by notification under section 67 must be observed. |
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Which sections must the driver not contravene under Section 84(d)? |
Section 5 or Section 113 of the Act. |
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What work-hour limitations must be followed according to Section 84(e)? |
The provisions of the Act limiting the hours of work of drivers must be observed for the vehicles under the permit. |
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Which Chapters’ provisions must the permit holder follow as per Section 84(f)? |
Chapters X, XI, and XII, as applicable to the permit holder. |
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What identification requirement is imposed under Section 84(g)? |
The name and address of the operator must be painted or firmly affixed on both sides of the vehicle, in vivid contrast, centered as high as practicable below the window line in bold letters. |
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What does Section 85 relate to or deal with? |
General form of permits. |
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What is required of every permit under Section 85? |
Every permit must be complete in itself. |
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What details must a permit contain according to Section 85? |
All necessary particulars of the permit and the conditions attached thereto. |
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What does Section 86 relate to or deal with? |
Cancellation and suspension of permits. |
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Under Section 86(1), when can a transport authority cancel or suspend a permit? |
On breach of any condition specified in section 84 or any condition contained in the permit, or if the holder uses the vehicle in an unauthorised manner, ceases to own the vehicle, obtained the permit by fraud or misrepresentation, fails without reasonable cause to use a goods carriage permit for its intended purpose, or acquires foreign citizenship. |
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What is the proviso to Section 86(1) regarding cancellation or suspension? |
No permit shall be suspended or cancelled unless the holder is given an opportunity to furnish an explanation. |
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According to Section 86(2), how may the powers under sub-section (1) be exercised for permits granted by delegated authorities? |
The transport authority may exercise those powers as if the permit was granted by itself. |
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What obligation does Section 86(3) impose when a permit is cancelled or suspended? |
The transport authority must give written reasons to the holder for the action taken. |
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What does Section 86(4) specify about delegation of powers? |
Powers exercisable under sub-section (1), except cancellation, can be exercised by any authority or person delegated under sub-section (5) of section 68. |
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According to Section 86(5), what alternative does a transport authority have instead of cancelling or suspending a permit? |
It may recover a sum of money from the permit holder if the authority deems it unnecessary or inexpedient to cancel or suspend the permit. |
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How does Section 86(6) expand the powers under sub-section (5)? |
The appellate authority may also exercise these powers if an appeal has been preferred under section 89. |
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What does Section 86(7) provide regarding permits under sub-section (9) of section 88? |
Powers under sub-section (1), other than cancellation, may be exercised by any transport authority or delegated person as if the permit was granted by them. |
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What does Section 87 relate to or deal with? |
Temporary permits for transport vehicles. |
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Under Section 87(1), who is empowered to grant temporary permits? |
The Regional Transport Authority and the State Transport Authority. |
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According to Section 87(1), is it necessary to follow the procedure in Section 80 to grant temporary permits? |
No, temporary permits may be granted without following the procedure laid down in Section 80. |
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What is the maximum period for which a temporary permit can be granted under Section 87(1)? |
Not exceeding four months, except under exceptional circumstances for goods carriages, where it may extend up to one year with reasons recorded in writing. |
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List the purposes for which a temporary permit may be granted under Section 87(1). |
(a) Conveyance of passengers on special occasions such as fairs or religious gatherings, (b) seasonal business, (c) to meet a particular temporary need, (d) pending decision on an application for renewal of a permit. |
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Under Section 87(1), can conditions be attached to a temporary permit? |
Yes, the authority may attach any condition it deems fit. |
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According to Section 87(2), under what circumstances can a temporary permit be granted despite restrictions in Sections 72, 74, 76, or 79? |
(i) Where a court or competent authority has restrained the issue of a permit on that route/area, or (ii) where suspension of existing permits has left no vehicle or an inadequate number of vehicles for that route/area. |
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What limitation does Section 87(2) place on the number of temporary permits issued in such cases? |
The number of temporary permits shall not exceed the number of vehicles for which the original permit is restrained or suspended. |
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What is the subject matter of Section 88 of the Motor Vehicles Act, 1988? |
Section 88 deals with the validation of permits for use outside region in which they are granted. |
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Is a permit granted in one region valid in another region by default? |
No, a permit granted by the Regional Transport Authority of one region is not valid in another region unless countersigned by the Regional Transport Authority of that other region. |
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Is a permit granted in one State valid in another State? |
No, it is not valid unless countersigned by the State Transport Authority or the Regional Transport Authority of the other State. |
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Is countersignature required for goods carriage permits operating in other regions within the same State? |
No, a goods carriage permit granted for areas in other regions within the same State is valid without countersignature. |
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What is the exception where a route partly lies in another State? |
If both the starting and terminal points are within the same State and the part lying in another State does not exceed sixteen kilometres, the permit is valid without countersignature. |
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What special provision exists for defence purposes under Section 88? |
A vehicle used for defence purposes in another State is valid without countersignature if it displays a certificate issued by the prescribed authority. |
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What must the defence certificate specify? |
It must specify that the vehicle will be used exclusively for defence purposes for the period mentioned. |
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What is the effect of such defence certification on permit validity? |
The permit remains valid in the other State without countersignature. |
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What does Section 88(2) provide regarding permits granted or countersigned by the State Transport Authority? |
Such permits are valid throughout the whole State or in specified regions mentioned in the permit. |
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What powers does the Regional Transport Authority have while countersigning a permit? |
It may attach conditions or vary existing conditions as if it had originally granted the permit. |
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Do provisions relating to grant, revocation and suspension of permits apply to countersignatures? |
Yes, the same provisions apply to the grant, revocation and suspension of countersignatures. |
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Is the procedure under Section 80 mandatory for countersignature of permits? |
No, it is not necessary where countersignature is required due to an inter-State agreement complying with Section 88(5). |
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What procedure must be followed before States enter into an agreement fixing the number of permits under Section 88(5)? |
Each concerned State Government must publish the proposal in the Official Gazette and in one or more regional language newspapers, along with a notice inviting representations. |
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What details must be included in the publication of such proposal? |
The date before which representations may be submitted, which must be at least thirty days from Gazette publication, and the authority, time and place where the proposal and representations will be considered. |
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How must an agreement between States relating to countersignature of permits be published? |
It must be published by each concerned State Government in the Official Gazette and in one or more regional language newspapers circulating in the affected area or route. |
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Who is responsible for giving effect to an inter-State agreement on permits? |
The State Transport Authority of the State and the concerned Regional Transport Authority must give effect to the agreement. |
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Can a temporary permit be issued for another region or State without countersignature? |
Yes, a Regional Transport Authority may issue a temporary permit under section 87 valid in another region or State with the concurrence of the concerned authority. |
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Is the concurrence required under Section 88(7) general or specific? |
The concurrence may be given generally or for a particular occasion. |
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What special power is provided under Section 88(8) for public convenience? |
Authorities may grant special permits to public service vehicles for contract carriage without stopping to pick up or set down passengers not included in the contract. |
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Are such special permits valid outside the region or State without countersignature? |
Yes, they are valid in any other region or State without countersignature. |
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What additional requirement applies when a special permit is granted under Section 88(8)? |
The vehicle must display a special distinguishing mark in the form and manner specified by the Central Government. |
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What is the object of Section 88(9)? |
To promote tourism by allowing the grant of tourist vehicle permits with wider territorial validity. |
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Who may grant tourist vehicle permits under Section 88(9)? |
The State Transport Authority. |
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What is the territorial validity of tourist vehicle permits under Section 88(9)? |
They may be valid throughout India or in not less than three contiguous States including the issuing State. |
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Which provisions apply to tourist vehicle permits granted under Section 88(9)? |
Sections 73, 74, 80, 81, 82, 83, 84, 85, section 87(1)(d) and section 89 apply as far as may be. |
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What conditions apply to every permit granted under Section 88(9)? |
Every permit granted under Section 88(9) is subject to the conditions specified in Section 88(11). |
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What vehicle-related condition must be fulfilled under Section 88(11)(i)? |
Every motor vehicle must conform to the description, seating capacity, comfort standards, amenities and other requirements specified by the Central Government. |
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What driver-related condition is imposed under Section 88(11)(ii)? |
The motor vehicle must be driven by a person having qualifications and satisfying conditions specified by the Central Government. |
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What additional conditions may apply under Section 88(11)(iii)? |
Any other conditions as may be prescribed by the Central Government. |
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What is the purpose of granting national permits under Section 88(12)? |
To encourage long-distance inter-State road transport. |
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Which vehicles are eligible for national permits under Section 88(12)? |
Goods carriages. |
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Who may grant national permits under Section 88(12)? |
The appropriate authority, subject to Central Government rules under Section 88(14). |
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Which provisions apply to the grant of national permits under Section 88(12)? |
Sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86, section 87(1)(d) and section 89 apply as far as may be. |
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What general rule-making power is given to the Central Government under Section 88(14)(a)? |
The Central Government may make rules to carry out the provisions of Section 88. |
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What fee-related matter may be prescribed under Section 88(14)(b)(i)? |
The authorisation fee payable for permits under sub-sections (9) and (12). |
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What weight-related matter may be prescribed under Section 88(14)(b)(ii)? |
The fixation of the laden weight of the motor vehicle. |
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What marking-related matter may be prescribed under Section 88(14)(b)(iii)? |
The distinguishing particulars or marks to be carried or exhibited on the motor vehicle. |
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What appearance-related matter may be prescribed under Section 88(14)(b)(iv)? |
The colour or colours in which the motor vehicle is to be painted. |
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What residual power is provided under Section 88(14)(b)(v)? |
Any other matters the appropriate authority considers while granting a national permit. |
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Who is the “appropriate authority” for a national permit under the Explanation to Section 88? |
The authority authorised under the Act to grant a goods carriage permit. |
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What is meant by “authorisation fee” under Section 88? |
An annual fee not exceeding one thousand rupees charged by a State to allow use of the permitted vehicle in other States, subject to payment of applicable taxes or fees. |
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What is a “national permit” under Section 88? |
A permit granted to goods carriages to operate throughout India or in not less than four contiguous States including the issuing State, as specified in the permit. |
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What does Section 89 relate to or deal with? |
Appeals |
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Who can file an appeal under Section 89(1)? |
Any person aggrieved by refusal, suspension, revocation, or conditions of a permit, or by refusal of transfer, countersignature, renewal, or permission under Sections 82, 83, or any other prescribed order. |
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What is the time and manner requirement for filing an appeal under Section 89(1)? |
The appeal must be filed within the prescribed time and in the prescribed manner. |
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What powers does the State Transport Appellate Tribunal have under Section 89(1)? |
After giving the appellant and the original authority an opportunity of being heard, the Tribunal shall give a decision which shall be final. |
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How is the State Transport Appellate Tribunal constituted under Section 89(2)? |
The State Government shall constitute the required number of Tribunals, each consisting of a judicial officer not below the rank of District Judge or qualified to be a High Court Judge. |
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What jurisdiction does each Transport Appellate Tribunal exercise under Section 89(2)? |
Each Tribunal exercises jurisdiction within the area notified by the State Government. |
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How are appeals pending at the commencement of this Act treated under Section 89(3)? |
They shall continue to be proceeded with and disposed of as if the new Act had not been passed. |
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What clarification does the Explanation under Section 89 provide regarding orders under the Motor Vehicles Act, 1939? |
A person aggrieved by a State or Regional Transport Authority order made in pursuance of an Inter-State Transport Commission direction may appeal against the order, but not against the direction itself. |
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What does Section 90 relate to or deal with? |
Revision |
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Under Section 90, who may call for the record of any case? |
The State Transport Appellate Tribunal may call for the record of any case where an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies. |
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What power does the State Transport Appellate Tribunal have if it finds an order improper or illegal under Section 90? |
It may pass such order in relation to the case as it deems fit, and every such order shall be final. |
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What is the time limit for filing an application under Section 90? |
An application must be made within thirty days from the date of the order. |
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Can the State Transport Appellate Tribunal entertain an application after the thirty-day period under Section 90? |
Yes, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time. |
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What procedural safeguard is provided under Section 90 before passing an order? |
The Tribunal shall not pass an order prejudicial to any person without giving them a reasonable opportunity of being heard. |
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What does Section 91 relate to or deal with? |
Restriction of hours of work of drivers. |
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Under Section 91(1), which Act governs the hours of work for persons operating transport vehicles? |
The Motor Transport Workers Act, 1961 (27 of 1961). |
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What exemption power does Section 91(2) provide? |
The State Government may grant exemptions from the hours of work provisions in cases of emergency or unforeseen delays. |
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What requirement may the State Government or Transport Authority impose under Section 91(3)? |
They may require employers to fix beforehand the hours of work of drivers and provide for recording those hours. |
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What restriction is imposed under Section 91(4)? |
No person shall work, or cause or allow any person to work, outside the hours fixed or recorded under sub-section (3). |
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How does Section 91(5) define “interval for rest” for a driver not engaged in work? |
The State Government may prescribe circumstances under which the driver, although not engaged in work, is required to remain on or near the vehicle, and such period may be deemed as rest. |
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What does Section 92 relate to or deal with? |
Voidance of contracts restrictive of liability. |
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What types of contracts are addressed under Section 92? |
Any contract for the conveyance of a passenger in a stage carriage or contract carriage with a valid permit. |
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What liability limitation is rendered void under Section 92? |
Any clause that attempts to negate or restrict the liability of a person for death or bodily injury to a passenger while being carried, entering, or alighting from the vehicle. |
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What other contract clauses are void under Section 92? |
Any conditions purporting to affect the enforcement of liability for death or bodily injury to the passenger. |
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What does Section 93 of the Motor Vehicles Act deal with? |
Section 93 deals with the agent or canvasser to obtain licence |
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Who is required to obtain a licence under Section 93(1)? |
Any person who wishes to act as an agent or canvasser in the sale of tickets for public service vehicles or in soliciting custom for such vehicles, or as an agent in the business of collecting, forwarding, or distributing goods carried by goods carriages. |
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Under Section 93(1)(i), what activity specifically requires a licence? |
Engaging as an agent or canvasser in the sale of tickets for travel by public service vehicles or otherwise soliciting custom for such vehicles. |
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Under Section 93(1)(ii), what activity requires a licence for goods carriages? |
Acting as an agent in the business of collecting, forwarding, or distributing goods carried by goods carriages. |
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Who prescribes the conditions for granting licences under Section 93(1)? |
The State Government prescribes the conditions for granting licences. |
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What matters can the conditions for a licence under Section 93(2) include? |
Conditions may include the period for which the licence may be granted or renewed, fee payable, deposit of security, provisions for insurance of goods, suspension or revocation authority, and other prescribed conditions. |
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Under Section 93(2)(c), what is the maximum-security deposit for an agent in goods carriage business? |
Up to fifty thousand rupees. |
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What is the maximum-security deposit for any other agent or canvasser under Section 93(2)(c)? |
Up to five thousand rupees. |
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What insurance requirement is mentioned under Section 93(2)(d)? |
Agents must provide insurance for goods in transit. |
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What is the advertising condition specified in Section 93(3)? |
Every advertisement by the licensed agent or canvasser must include the licence number, date of expiry, and particulars of the authority which granted the licence. |
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What does Section 94 of the Motor Vehicles Act deal with? |
Section 94 bars the jurisdiction of Civil Courts |
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Can a Civil Court entertain questions regarding the grant of permits under this Act? |
No, Civil Courts have no jurisdiction to entertain such questions. |
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Are injunctions against actions taken by authorities under this Act regarding permits entertained by Civil Courts? |
No, Civil Courts shall not entertain injunctions against any action taken or to be taken by the authorities with regard to the grant of a permit. |
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What does Section 95 of the Motor Vehicles Act deal with? |
Section 95 empowers the State Government to make rules to regulate stage carriages and contract carriages |
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Who is empowered under Section 95(1) to make rules regarding stage and contract carriages? |
The State Government. |
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What general purpose is given for making rules under Section 95? |
To regulate the operation of stage carriages and contract carriages and the conduct of passengers in such vehicles. |
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Under Section 95(2)(a), what action can rules authorize in case a passenger contravenes the rules? |
Rules may authorize the driver or conductor to remove the passenger, or, on request, a police officer may remove such a passenger. |
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According to Section 95(2)(b), what may a passenger be required to provide if reasonably suspected of contravening rules? |
The passenger may be required to give his name and address to a police officer or to the driver or conductor on demand. |
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What declaration may be required of a passenger under Section 95(2)(c)? |
The passenger may be required to declare the journey he intends to take or has taken, pay the fare for the entire journey, and accept any ticket issued. |
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What does Section 95(2)(d) provide regarding tickets during a journey? |
Rules may require a passenger to produce a ticket during the journey and surrender it at the end of the journey if demanded by the driver, conductor, or an authorized person. |
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Under Section 95(2)(e), what may a driver or conductor require at the completion of a journey? |
The passenger may be required to leave the vehicle upon completion of the journey for which the fare has been paid. |
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What does Section 95(2)(f) say about tickets issued for a specific period? |
The passenger must surrender the ticket upon expiry of the period for which it was issued. |
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According to Section 95(2)(g), what passenger behavior is prohibited? |
Passengers must abstain from obstructing or interfering with the operation of the vehicle, causing damage to the vehicle or its equipment, or causing injury or discomfort to other passengers. |
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What smoking regulation is provided under Section 95(2)(h)? |
Passengers are prohibited from smoking in any vehicle where a notice prohibiting smoking is exhibited. |
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Under Section 95(2)(i), what record-keeping requirement may be prescribed in stage carriages? |
Rules may require maintenance of complaint books and prescribe the conditions under which passengers can record complaints. |
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What is the subject matter of Section 96 of the Motor Vehicles Act? |
Section 96 empowers the State Government to make rules for the purposes |
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Who has the power to make rules under Section 96? |
The State Government. |
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What is the scope of the rule-making power under Section 96(2)? |
It is without prejudice to the generality of the power and covers specific matters listed in clauses (i) to (xvii). |
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What may be prescribed regarding Regional and State Transport Authorities under Section 96(2)(i)? |
The period and terms of appointment, conduct of business, and reports to be furnished by such authorities. |
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What does Section 96(2)(ii) provide regarding absence of members of Transport Authorities? |
It provides for conduct of business in the absence of any member, including the Chairman, and the circumstances and manner in which such business may be conducted. |
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What matters relating to appeals are covered under Section 96(2)(iii)? |
Conduct and hearing of appeals, fees payable for appeals, and refund of such fees. |
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What forms may be prescribed under Section 96(2)(iv)? |
Forms for purposes of the Chapter, including forms of permits. |
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What does Section 96(2)(v) provide regarding lost or destroyed permits? |
Issue of copies of permits in place of permits that are lost, destroyed, or mutilated. |
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What does Section 96(2)(vi) regulate? |
Documents, plates and marks to be carried by transport vehicles, the manner of carrying them, and the languages in which they are expressed. |
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What fees are covered under Section 96(2)(vii)? |
Fees for applications for permits, duplicate permits, and plates. |
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Who may be exempted from payment of fees under Section 96(2)(viii)? |
Prescribed persons or prescribed classes of persons may be exempted wholly or partly from payment of fees. |
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What matters relating to custody and cancellation of permits are covered under Section 96(2)(ix)? |
Custody, production, cancellation on revocation or expiration, and return of cancelled permits. |
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What does Section 96(2)(x) deal with? |
Conditions and extent to which a permit granted in another State is valid in the State without countersignature. |
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What does Section 96(2)(xi) regulate? |
Conditions and extent to which a permit granted in one region is valid in another region within the same State without countersignature. |
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What type of permit conditions are covered under Section 96(2)(xii)? |
Conditions attached to permits to give effect to agreements referred to in Section 67(1)(iii). |
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What procedural aspects of appeals are covered under Section 96(2)(xiii)? |
Authorities to whom appeals may be made, time limits, and manner of filing appeals. |
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What vehicle-related matters are regulated under Section 96(2)(xiv)? |
Construction, fittings, and equipment of stage and contract carriages, generally or in specified areas. |
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What passenger capacity matters are covered under Section 96(2)(xv)? |
Determination of the number of passengers a stage or contract carriage is adapted to carry and may carry. |
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What does Section 96(2)(xvi) provide regarding carriage of goods? |
Conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers. |
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What does Section 96(2)(xvii) deal with? |
Safe custody and disposal of property left in a stage or contract carriage. |
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What is the subject matter of clause (xviii) of Section 96(2) of the Motor Vehicles Act? |
Clause (xviii) empowers the State Government to regulate the painting or marking of transport vehicles and the display of advertising matter, including prohibiting colours or markings that may mislead the public into believing that a vehicle is used for the transport of mails. |
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What does clause (xix) of Section 96(2) provide regarding stage and contract carriages? |
Clause (xix) authorises the State Government to regulate the conveyance of corpses, persons suffering from infectious or contagious diseases, or goods likely to cause discomfort or injury to passengers, and to provide for inspection and disinfection of such carriages when used for these purposes. |
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What regulatory power is conferred under clause (xx) of Section 96(2)? |
Clause (xx) empowers the State Government to make rules regarding the provision of taxi meters on motor cabs, including approval of standard types of taxi meters and their examination, testing, and sealing. |
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What restrictions on picking up or setting down passengers are covered under clause (xxi) of Section 96(2)? |
Clause (xxi) allows the State Government to prohibit the picking up or setting down of passengers by stage or contract carriages at specified places or areas other than duly notified stands or halting places, and to require drivers to stop for a reasonable time at notified halting places for boarding or alighting passengers. |
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What matters relating to stands and halting places are governed by clause (xxii) of Section 96(2)? |
Clause (xxii) enables the State Government to prescribe requirements for the construction and use of notified stands or halting places, including facilities, fees, record maintenance, staff employment, staff conduct, and general upkeep in a clean and serviceable condition. |
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What is regulated under clause (xxiii) of Section 96(2)? |
Clause (xxiii) empowers the State Government to regulate motor cab ranks. |
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What obligation may be imposed on owners of transport vehicles under clause (xxiv) of Section 96(2)? |
Clause (xxiv) authorises the State Government to require owners of transport vehicles to notify any change of address or to report the failure of or damage to vehicles used for carrying passengers for hire or reward. |
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What inspection powers are contemplated under clause (xxv) of Section 96(2)? |
Clause (xxv) permits the State Government to authorise specified persons to enter and inspect, at reasonable times, all premises used by permit holders for the purposes of their business. |
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What duty relating to passengers is imposed by clause (xxvi) of Section 96(2)? |
Clause (xxvi) empowers the State Government to require the person in charge of a stage carriage to carry any person tendering the legal or customary fare. |
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What does clause (xxvii) of Section 96(2) regulate regarding animals and birds? |
Clause (xxvii) authorises the State Government to prescribe conditions, container types, vehicle types, and seasons during which animals or birds may or may not be carried. |
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What is the scope of clause (xxviii) of Section 96(2)? |
Clause (xxviii) empowers the State Government to provide for the licensing of, and regulation of conduct of, agents or canvassers engaged in selling tickets or soliciting custom for public service vehicles. |
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What activity is regulated under clause (xxix) of Section 96(2)? |
Clause (xxix) authorises the State Government to license agents engaged in the business of collecting, forwarding, and distributing goods carried by goods carriages. |
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What inspection authority is provided under clause (xxx) of Section 96(2)? |
Clause (xxx) empowers the State Government to regulate the inspection of transport vehicles, their contents, and the permits relating to such vehicles. |
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What provision is made under clause (xxxi) of Section 96(2) concerning goods carriages? |
Clause (xxxi) authorises the State Government to regulate the carriage of persons other than the driver in goods carriages. |
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What record-keeping obligations are covered by clause (xxxii) of Section 96(2)? |
Clause (xxxii) empowers the State Government to prescribe the records to be maintained and returns to be furnished by owners of transport vehicles. |
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What is the residuary rule-making power under clause (xxxiii) of Section 96(2)? |
Clause (xxxiii) confers a residuary power on the State Government to make rules on any other matter which is to be or may be prescribed under the Chapter. |
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CHAPTER-VI |
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SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS |
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What does Section 97 of the Motor Vehicles Act define? |
Section 97 defines “road transport service” as a service of motor vehicles carrying passengers, goods, or both by road for hire or reward. |
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What is the key context provided in Section 97 regarding interpretation? |
The definition applies unless the context otherwise requires. |
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What does Section 98 state about the applicability of this Chapter? |
Section 98 provides that the provisions of this Chapter, and rules or orders made thereunder, shall override any inconsistent provisions in Chapter V or any other law in force. |
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Does Section 98 allow Chapter V or other laws to conflict with this Chapter? |
No, this Chapter and its rules/orders prevail over any inconsistent provisions in Chapter V or any other law. |
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What does section 99 deals with? |
Preparation and publication of proposal regarding road transport service of a State transport undertaking. |
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What is the purpose of Section 99 of the Motor Vehicles Act? |
Section 99 empowers the State Government to prepare and publish a proposal for a scheme to operate road transport services through a State transport undertaking in the public interest. |
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When can the State Government formulate a proposal under Section 99(1)? |
When it is of the opinion that providing an efficient, adequate, economical, and properly coordinated road transport service requires operation by a State transport undertaking. |
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What kind of road transport services may be covered under a proposal framed under Section 99? |
Road transport services in general or any particular class of such services in relation to any area, route, or portion thereof. |
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What particulars must be included in the proposal under Section 99(1)? |
The nature of services proposed to be rendered, the area or route to be covered, and other relevant particulars relating to the scheme. |
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How must the proposal under Section 99(1) be published? |
It must be published in the Official Gazette of the State, in at least one newspaper in the regional language circulating in the concerned area or route, and in any other manner the State Government deems fit. |
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What is the legal effect of publication of a proposal under Section 99(2)? |
From the date of publication, no permit shall be granted to any person except a temporary permit during the pendency of the proposal. |
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What is the maximum validity of a temporary permit granted during the pendency of a proposal under Section 99(2)? |
Such temporary permit shall be valid for one year from the date of its issue or till the date of final publication of the scheme under Section 100, whichever is earlier. |
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What does Section 100 of the Motor Vehicles Act deal with? |
Section 100 deals with the objections to the proposal |
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Who can file objections to a proposal under Section 100(1)? |
Any person may file objections to the proposal within thirty days from its publication in the Official Gazette. |
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How must the proposal be published for objections under Section 100(1)? |
The proposal must be published in the Official Gazette and in at least one regional language newspaper circulating in the area or route covered by the proposal. |
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What is the role of the State Government after objections are filed under Section 100(2)? |
The State Government may consider the objections, give an opportunity of being heard to the objectors and representatives of the State transport undertaking, and approve or modify the proposal. |
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How is the approved or modified scheme made final under Section 100(3)? |
It is published in the Official Gazette and in at least one regional language newspaper in the area or route, and becomes final on the date of such publication, called the approved scheme, with the area/route designated as the notified area or notified route. |
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What additional condition applies to inter-State routes under Section 100(3)? |
No scheme relating to any inter-State route is deemed approved unless it has prior approval of the Central Government. |
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What happens if the approved scheme is not published within one year under Section 100(4)? |
The proposal shall be deemed to have lapsed, excluding any period during which publication was delayed due to a court stay or injunction. |
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What does Section 101 of the Motor Vehicles Act deal with? |
Section 101 deals with the operation of additional services by a State transport undertaking in certain circumstances |
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Under Section 101, when can a State transport undertaking operate additional services? |
On special occasions such as fairs or religious gatherings, notwithstanding the provisions of Section 87. |
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What obligation does the State transport undertaking have when operating additional services under Section 101? |
It must inform the concerned Transport Authority about the operation of such additional services without delay. |
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What does Section 102 of the Motor Vehicles Act deal with? |
Section 102 deals with the cancellation or modification of scheme |
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Under Section 102(1), who must be given an opportunity to be heard before modifying a scheme? |
(i) The State transport undertaking, and (ii) any other person likely to be affected by the proposed modification. |
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How must the State Government notify proposed modifications under Section 102(2)? |
By publishing the modification in the Official Gazette and in a regional language newspaper circulating in the affected area, along with the date (not less than thirty days from publication) and details of the time and place for hearing representations. |
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What is the scope and object of Section 103 of the Motor Vehicles Act? |
Section 103 deals with the issue of permits to State transport undertakings |
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Which authority issues permits to a State transport undertaking under Section 103(1)? |
The State Transport Authority issues the permit where the notified area or route lies in more than one region, and the Regional Transport Authority issues the permit in all other cases. |
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What types of permits may be issued to a State transport undertaking under Section 103(1)? |
Stage carriage permits, goods carriage permits, and contract carriage permits. |
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What is the effect of Section 103(1) on Chapter V of the Act? |
Permits must be issued to the State transport undertaking notwithstanding anything to the contrary contained in Chapter V. |
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What powers are conferred on the transport authorities under Section 103(2) to give effect to an approved scheme? |
The authorities may refuse or reject applications for grant or renewal of other permits, cancel existing permits, or modify existing permits. |
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In what manner may existing permits be modified under Section 103(2)(c)? |
By rendering the permit ineffective beyond a specified date, reducing the number of authorised vehicles, or curtailing the area or route covered by the permit. |
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Is any appeal maintainable against actions taken under Section 103? |
No appeal lies against any action taken or order passed by the State Transport Authority or Regional Transport Authority under sub-sections (1) or (2). |
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What does Section 104 of the Motor Vehicles Act deal with? |
Section 104 deals with restriction on the grant of permits in respect of a notified area or notified route. |
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What is the main restriction imposed under Section 104? |
Where an approved scheme has been published under Section 100(3), the State Transport Authority or Regional Transport Authority shall not grant any permit except in accordance with the provisions of the scheme. |
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When can temporary permits be granted under Section 104? |
Temporary permits may be granted when no application for a permit has been made by the State transport undertaking in pursuance of the approved scheme. |
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What condition is attached to temporary permits granted under Section 104? |
Such temporary permit shall cease to be effective immediately upon the issue of a permit to the State transport undertaking for the notified area or route. |
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What does Section 105 of the Motor Vehicles Act deal with? |
Section 105 lays down the principles and method for determining compensation and payment |
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When does the liability to pay compensation arise under Section 105(1)? |
Compensation becomes payable when an existing permit is cancelled or its terms are modified by the State Transport Authority under clause (b) or clause (c) of sub-section (2) of section 103. |
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Who is responsible for paying compensation under Section 105(1)? |
The State transport undertaking is responsible for paying compensation to the holder of the permit. |
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How is the amount of compensation determined under Section 105(1)? |
The compensation amount is determined in accordance with the provisions of sub-section (4) or sub-section (5), as applicable. |
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In what situation is no compensation payable despite cancellation or modification of a permit under Section 105(2)? |
No compensation is payable when an alternative permit for another route or area is offered by the competent transport authority and accepted by the permit holder. |
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What clarification is provided under Section 105(3) regarding refusal of renewal of permits? |
It is clarified that no compensation is payable for refusal to renew a permit under clause (a) of sub-section (2) of section 103. |
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When does Section 105(4) become applicable for computation of compensation? |
Section 105(4) applies when a permit is cancelled or modified in a manner that prevents the permit holder from using the authorised vehicle for the full unexpired period of the permit. |
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How is compensation calculated for each affected vehicle for an unexpired period exceeding fifteen days under Section 105(4)(a)? |
Compensation is calculated at the rate of two hundred rupees for every complete month or part of a month exceeding fifteen days of the unexpired period. |
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How is compensation calculated for an unexpired period not exceeding fifteen days under Section 105(4)(b)? |
Compensation is calculated at the rate of one hundred rupees for part of a month not exceeding fifteen days of the unexpired period. |
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What is the minimum amount of compensation payable under Section 105? |
The compensation payable shall not, in any case, be less than four hundred rupees. |
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What does Section 105(5) of the Motor Vehicles Act provide for? |
Section 105(5) provides the method for calculating compensation when an existing permit is modified by curtailing the area or route of a vehicle under section 103(2)(c)(iii). |
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Under which specific power of Section 103 does Section 105(5) apply? |
It applies when the permit is modified under sub-clause (iii) of clause (c) of sub-section (2) of section 103. |
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In what circumstance does compensation under Section 105(5) become payable? |
Compensation becomes payable when the area or route of a vehicle authorised under an existing permit is curtailed. |
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How is the compensation for curtailment computed under Section 105(5)? |
The compensation is computed using the formula Y × A / R. |
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What does the symbol “Y” represent in the compensation formula under Section 105(5)? |
“Y” represents the length or area by which the route or area covered by the permit is curtailed. |
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What does the symbol “A” signify in the formula provided under Section 105(5)? |
“A” denotes the amount of compensation computed in accordance with sub-section (4) of section 105. |
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What does the symbol “R” indicate in the compensation formula under Section 105(5)? |
“R” represents the total length of the route or the total area originally covered by the permit. |
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Who is responsible for paying compensation under Section 105(6)? |
The State transport undertaking is responsible for paying the compensation. |
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Within what time period must compensation be paid under Section 105(6)? |
The compensation must be paid within one month from the date on which the cancellation or modification of the permit becomes effective. |
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What is the consequence if compensation is not paid within the prescribed period under Section 105(6)? |
If payment is delayed beyond one month, the State transport undertaking must pay interest. |
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At what rate is interest payable for delayed payment under Section 105(6)? |
Interest is payable at the rate of seven per cent per annum from the date on which the compensation falls due. |
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What does Section 106 of the Motor Vehicles Act deal with? |
Section 106 deals with the disposal of articles found in transport vehicles |
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Under which vehicles does Section 106 apply? |
It applies to transport vehicles operated by the State transport undertaking. |
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When can the State transport undertaking dispose of an article found in a vehicle? |
When the article is not claimed by its owner within the prescribed period. |
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What power is given to the State transport undertaking under Section 106? |
It may sell the unclaimed article in the prescribed manner. |
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How must the sale of the unclaimed article be conducted under Section 106? |
The sale must be conducted in the prescribed manner. |
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What happens to the sale proceeds after disposal of the article? |
The sale proceeds are to be paid to the owner after deducting costs incidental to the sale. |
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Are any deductions allowed from the sale proceeds under Section 106? |
Yes, costs incidental to the sale may be deducted. |
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When can the owner claim the sale proceeds under Section 106? |
The owner can claim the sale proceeds on demand. |
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What does Section 107 of the Motor Vehicles Act empower the State Government to do? |
Section 107 empowers the State Government to make rules for carrying into effect the provisions of this Chapter. |
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Are the rule-making powers under Section 107 limited in nature? |
No, the powers are general and also include specific matters without prejudice to the generality of the power. |
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In what form may a proposal regarding a scheme be published under Section 107? |
Rules may prescribe the form in which a proposal regarding a scheme is published under section 99. |
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What procedural aspect regarding objections under Section 100 can be regulated by rules under Section 107? |
The manner in which objections may be filed under section 100(1) can be prescribed. |
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What does Section 107 allow regarding consideration of objections to schemes? |
It allows rules to prescribe the manner in which objections are considered and disposed of under section 100(2). |
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What publication-related matter can be prescribed under Section 107 concerning approved schemes? |
The form in which an approved scheme is published under section 100(3). |
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What does Section 107 provide regarding applications under Section 103? |
It allows rules to prescribe the manner in which applications under section 103(1) may be made. |
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What authority is given under Section 107 concerning articles found in vehicles? |
Rules may prescribe the period within which the owner may claim articles found under section 106 and the manner of sale of such articles. |
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What procedural matter regarding orders can be prescribed under Section 107? |
The manner of service of orders under this Chapter. |
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Does Section 107 allow prescription of other matters beyond those listed? |
Yes, it allows rules to prescribe any other matter which has to be or may be prescribed. |
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What does Section 108 of the Motor Vehicles Act provide for? |
Section 108 provides that certain powers conferred on the State Government under this Chapter are exercisable by the Central Government in specified cases. |
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In relation to which entities does Section 108 apply? |
It applies in relation to a corporation or company owned or controlled by the Central Government or jointly by the Central Government and one or more State Governments. |
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Which government exercises the powers under this Chapter in such cases? |
The Central Government exercises the powers. |
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In what context are the powers of the State Government transferred to the Central Government under Section 108? |
In relation to an inter-State route or area. |
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Are State Governments competent to exercise these powers for inter-State routes involving Central Government undertakings? |
No, only the Central Government can exercise such powers. |
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What is the legislative intent behind Section 108? |
To ensure uniform and centralized control over transport operations involving Central Government undertakings on inter-State routes. |
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CHAPTER-VII |
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CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES |
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What does Section 109 of the Motor Vehicles Act deal with? |
Section 109 lays down general provisions regarding the construction and maintenance of motor vehicles. |
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What is the requirement under Section 109(1) regarding control of vehicles? |
Every motor vehicle must be constructed and maintained so as to be at all times under the effective control of the person driving the vehicle. |
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Why is effective control of the driver emphasized under Section 109(1)? |
To ensure road safety and prevent accidents caused by mechanical or structural deficiencies. |
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What does Section 109(2) prescribe regarding steering control? |
Every motor vehicle must be constructed with right-hand steering control. |
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Is there any exception to the requirement of right-hand steering under Section 109(2)? |
Yes, an exception exists if the vehicle is equipped with a prescribed mechanical or electrical signalling device. |
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What power is conferred on the Central Government under Section 109(3)? |
The Central Government may notify standards for any article or process used by a manufacturer in the public interest. |
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How must such standards under Section 109(3) be notified? |
By an order published in the Official Gazette. |
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What is the objective of Section 109(3)? |
To ensure standardization, safety, and quality control in vehicle manufacturing processes and components |
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What does Section 110 of the Motor Vehicles Act deal with? |
Section 110 deals with the power of the Central Government to make rules |
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What matters can the Central Government make rules about under Section 110(1)? |
The Central Government can make rules regarding (a) width, height, length, and overhang of vehicles and loads; (b) size, nature, maximum retail price and condition of tyres including embossing; (c) brakes and steering gear; (d) use of safety glasses including prohibition of tinted glasses; (e) signalling appliances, lamps, and reflectors; (f) speed governors; (g) emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) reduction of noise emitted by vehicles; (i) embossment of chassis and engine numbers and date of manufacture; (j) safety belts, handle bars, auto-dippers and other safety equipment; (k) standards of components used as inbuilt safety devices; (l) transportation of goods hazardous to human life; (m) standards for emission of air pollutants; (n) installation of catalytic converters in prescribed vehicles; (o) placement of audio-visual or radio/tape devices in public vehicles; (p) vehicle warranty and norms. |
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What is required when making rules relating to environmental protection under Section 110(1) proviso? |
Such rules must be made after consultation with the Ministry of the Government of India dealing with environment. |
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How can rules be framed under Section 110(2)? |
Rules may be made governing the matters mentioned in Section 110(1), including compliance and maintenance, either generally for all vehicles, for particular classes, or in particular circumstances. |
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Can any vehicles be exempted from rules under Section 110(3)? |
Yes, (a) the Central Government may exempt any class of motor vehicles from these provisions, and (b) a State Government may exempt any vehicle or class of vehicles from the rules, subject to conditions prescribed by the Central Government. |
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What does Section 111 of the Motor Vehicles Act deal with? |
Section 111 deals with the power of the State Government to make rules |
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What matters can the State Government make rules about under Section 111(2)? |
The State Government can make rules regarding (a) seating arrangements in public service vehicles and 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) periodical testing and inspection of vehicles by prescribed authorities and fees for such tests; (e) particulars other than registration marks to be exhibited by vehicles and the manner of exhibition; (f) use of trailers with motor vehicles. |
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How can rules under Section 111 be framed in terms of scope? |
Rules may be framed generally for all vehicles or trailers, for vehicles or trailers of a particular class or description, or for particular circumstances. |
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CHAPTER-VIII |
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CONTROL OF TRAFFIC |
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What does Section 112 of the Motor Vehicles Act deal with? |
Section 112 deals with the limits of speed |
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What is prohibited under Section 112(1) regarding driving speed? |
No person shall drive, cause, or allow a motor vehicle to be driven above the maximum speed or below the minimum speed fixed for the vehicle under this Act or any other law. |
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What is the maximum limit on the maximum speed under Section 112(1) proviso? |
The maximum speed shall not exceed the maximum fixed by the Central Government by notification in the Official Gazette for any motor vehicle or class of vehicles. |
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Who can fix speed limits under Section 112(2) and under what conditions? |
The State Government or any authorised authority can fix maximum or minimum speed limits by notification in the Official Gazette if necessary in the interest of public safety, convenience, or due to the nature of a road or bridge. |
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How are speed restrictions communicated under Section 112(2)? |
Speed restrictions are communicated by placing or erecting appropriate traffic signs under Section 116 at suitable places. |
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Is a temporary notification required if a speed restriction is less than one month under Section 112(2) proviso? |
No, no notification is necessary if the restriction is for not more than one month. |
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Are there any exceptions to Section 112 under sub-section (3)? |
Yes, vehicles registered under Section 60 used for military manoeuvres within the specified area and period under the Manoeuvres, Field Firing and Artillery Practice Act, 1938 are exempted. |
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What does Section 113 of the Motor Vehicles Act deal with? |
Section 113 deals with limits of weight for motor vehicles and limitations on use. |
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Who can prescribe conditions for the issue of transport vehicle permits under Section 113(1)? |
The State Government can prescribe conditions for the issue of permits by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. |
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What is required for motor vehicles under Section 113(2)? |
No person shall drive, cause, or allow to be driven any motor vehicle in a public place which is not fitted with pneumatic tyres, except as otherwise prescribed. |
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What are the weight limitations for motor vehicles or trailers under Section 113(3)? |
(a) The unladen weight must not exceed the unladen weight specified in the certificate of registration. (b) The laden weight must not exceed the gross vehicle weight specified in the certificate of registration. |
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What presumption can a Court make if a motor vehicle is driven in contravention of Section 113(2) or 113(3)(a) and the driver is not the owner? |
The 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. |
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What does Section 114 of the Motor Vehicles Act deal with? |
Section 114 deals with the power to have a vehicle weighed |
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Who is authorised to exercise the power under Section 114(1)? |
Any officer of the Motor Vehicles Department authorised by the State Government. |
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When can the authorised officer require a vehicle to be weighed under Section 114(1)? |
If the officer has reason to believe that a goods vehicle or trailer is being used in contravention of Section 113. |
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What distances are specified for weighment under Section 114(1)? |
The vehicle may be required to be weighed within ten kilometres from any point on the forward route or within twenty kilometres from the destination of the vehicle. |
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What action can the officer take if the vehicle is found to contravene Section 113 during weighment? |
The officer may, by written order, direct the driver to off-load the excess weight at his own risk and not remove the vehicle or trailer until it complies with Section 113. |
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What must the driver do upon receiving a written notice under Section 114(1)? |
The driver must comply with the directions to reduce the weight or otherwise ensure compliance with Section 113. |
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What administrative action must the officer take under Section 114(2)? |
The officer must endorse the details of the overloading on the goods carriage permit and inform the authority that issued the permit. |
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What does Section 115 of the Motor Vehicles Act deal with? |
Section 115 deals with the power to restrict the use of vehicles |
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Who can impose restrictions on vehicles under Section 115? |
The State Government or any authority authorised by the State Government. |
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Under what conditions can restrictions or prohibitions be imposed under Section 115? |
Restrictions can be imposed if necessary in the interest of public safety, public convenience, or because of the nature of a road or bridge. |
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How are restrictions or prohibitions communicated under Section 115? |
Appropriate traffic signs must be placed or erected under Section 116 at suitable places, and notification in the Official Gazette is required unless the restriction is for not more than one month. |
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Are there exceptions for short-term prohibitions under Section 115? |
Yes, if the prohibition or restriction is for not more than one month, notification in the Official Gazette is not necessary, but local publicity must be given as circumstances permit. |
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Can restrictions under Section 115 be applied to specific classes of vehicles? |
Yes, restrictions may apply to all motor vehicles, specified classes or descriptions of motor vehicles, or vehicles using trailers, either generally in a specified area or on a specified road. |
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What does Section 116 of the Motor Vehicles Act deal with? |
Section 116 deals with the power to erect traffic signs |
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Who can place or erect traffic signs under Section 116(1)(a)? |
The State Government or any authority authorised by the State Government may place or erect traffic signs in any public place to bring speed limits, prohibitions, restrictions, or general motor vehicle traffic regulations to public notice. |
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What additional power is provided under Section 116(1)(b)? |
The State Government or authorised authority may designate certain roads as main roads by notification in the Official Gazette or by erecting traffic signs from Part A of the Schedule for the purposes of driving regulations made by the Central Government. |
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What standards must traffic signs follow under Section 116(2)? |
Traffic signs must be of the size, colour, type, and meaning set forth in the Schedule, but the State Government may authorise additional transcriptions of words, letters, or figures in any script, provided they match the size and colour of the original. |
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Are pre-existing traffic signs valid under Section 116(3)? |
Yes, traffic signs placed or erected prior to the commencement of this Act by a competent authority are deemed to have been placed under Section 116(1) for the purpose of this Act. |
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Who can remove traffic signs or obstructive advertisements under Section 116(4)? |
The State Government may empower any police officer not below the rank of Superintendent of Police to remove signs or advertisements that obscure, mimic, or distract from traffic signs. |
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What restrictions apply to tampering with traffic signs under Section 116(5)? |
No person shall willfully remove, alter, deface, or tamper with any traffic sign placed under this section. |
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What must a person do if they accidentally damage a traffic sign under Section 116(6)? |
The person must report the circumstances to a police officer or police station as soon as possible, and in any case within twenty-four hours of the occurrence. |
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How can the Central Government modify traffic signs under Section 116(7)? |
For conformity with any International Convention relating to motor traffic to which India is a party, the Central Government may add or alter any traffic sign by notification in the Official Gazette, and the First Schedule shall be deemed amended accordingly. |
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What does Section 117 of the Motor Vehicles Act deal with? |
Section 117 deals with parking places and halting stations |
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Who can determine parking and halting places under Section 117? |
The State Government or any authorised authority, in consultation with the local authority having jurisdiction. |
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What does Section 118 of the Motor Vehicles Act deal with? |
Section 118 deals with driving regulations, |
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What power is conferred on the Central Government under Section 118 of the Motor Vehicles Act? | |
Section 118 empowers the Central Government to make regulations for the driving of motor vehicles by notification in the Official Gazette. |
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What does section 119 deals with? |
Duty to obey traffic signs |
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What is the duty of drivers under Section 119(1)? |
Every driver must drive in conformity with any mandatory traffic sign and with driving regulations made by the Central Government, and comply with directions given by police officers engaged in traffic regulation. |
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What is the meaning of “mandatory traffic sign” under Section 119(2)? |
It means a traffic sign included in Part A of the Schedule or any similar circular sign with a red ground or border placed for regulating motor vehicle traffic under Section 116(1). |
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What does section 120 deals with? |
Vehicles with left hand control |
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What does Section 120 of the Motor Vehicles Act prohibits? |
Section 120 prohibits driving a motor vehicle with left-hand steering control in any public place unless it is equipped with a prescribed mechanical or electrical signalling device in working order. |
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What does Section 121 of the Motor Vehicles Act deal with? |
Section 121 deals with signals and signalling devices |
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How can right or left turn and stop signals be given under Section 121 proviso? |
For right-hand steering vehicles, by mechanical or electrical device of prescribed nature; for left-hand steering vehicles, by mechanical or electrical device of prescribed nature affixed to the vehicle. |
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Can any vehicles be exempted from Section 121 signalling requirements? |
Yes, the State Government may exempt any vehicle or class of vehicles for a specific area or route, subject to conditions, by notification in the Official Gazette. |
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What dos section 122 deals with? |
Leaving Vehicle in dangerous position |
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What does Section 122 of the Motor Vehicles Act prohibits? |
Section 122 prohibits leaving a motor vehicle or trailer in any position or condition on a public place that may cause danger, obstruction, or undue inconvenience to others. |
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What is section 123 say? |
Riding on Running Board, etc |
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What does Section 123(1) of the Motor Vehicles Act deal with? |
Section 123(1) prohibits carrying any person on the running board or outside the body of the motor vehicle. |
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What does Section 123(2) of the Motor Vehicles Act deal with? |
Section 123(2) prohibits travelling on the running board, top, or bonnet of a motor vehicle. |
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What does Section 124 of the Motor Vehicles Act deal with? |
Section 124 deals with the prohibition against travelling in a stage carriage without a proper pass or ticket. |
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What is prohibited under Section 124? |
No person shall enter or remain in a stage carriage for the purpose of travelling unless he has a proper pass or ticket. |
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What is the exception provided under the proviso to Section 124? |
If arrangements for supplying tickets are made in the stage carriage, a person may enter without a ticket but must pay the fare and obtain a ticket as soon as possible after entry. |
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To whom should fare be paid under the proviso to Section 124? |
The fare must be paid to the conductor or to the driver performing the functions of a conductor. |
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What is meant by “pass” under the Explanation to Section 124? |
A pass means a duty, privilege, or courtesy pass allowing free travel and includes a pass issued on payment for travel for a specified period. |
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What is included in the definition of “ticket” under Section 124? |
Ticket includes a single ticket, a return ticket, or a season ticket. |
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What does Section 125 of the Motor Vehicles Act deal with? |
Section 125 deals with obstruction of the driver. |
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What is prohibited under Section 125? |
No person driving a motor vehicle shall allow any person to stand or sit or place anything in a manner or position that hampers the driver’s control of the vehicle. |
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What does Section 126 of the Motor Vehicles Act deal with? |
Section 126 deals with stationary vehicles. |
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When can a motor vehicle be allowed to remain stationary in a public place under Section 126? |
A vehicle may remain stationary only if a duly licensed person is in the driver’s seat, or the engine/mechanism has been stopped and brakes applied or other measures taken to ensure the vehicle cannot move accidentally. |
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What is the object of Section 126? |
To prevent accidental movement of stationary vehicles and ensure public safety. |
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What does Section 127 of the Motor Vehicles Act deal with? |
Section 127 deals with the removal of motor vehicles abandoned or left unattended on a public place. |
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When can a vehicle be removed or immobilised under Section 127(1)? |
When a motor vehicle is abandoned or left unattended on a public place for ten hours or more, or is parked at a place where parking is legally prohibited, its removal by a towing service or its immobilisation by any means including wheel clamping may be authorised. |
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Who can authorise removal or immobilisation under Section 127(1)? |
A police officer in uniform having jurisdiction may authorise such removal or immobilisation. |
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What does Section 127(2) provide regarding hazardous vehicles? |
Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard or impeding traffic due to its position or physical appearance, its immediate removal from the public place may be authorised. |
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Who can authorise immediate removal under Section 127(2)? |
A police officer having jurisdiction may authorise immediate removal of such vehicle. |
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Who is liable for towing charges under Section 127(3)? |
The owner of the vehicle shall be responsible for all towing costs in addition to any other penalty. |
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What does Section 128 of the Motor Vehicles Act deal with? |
Section 128 deals with safety measures for drivers and pillion riders |
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How many persons can a driver carry on a two-wheeled motor cycle under Section 128(1)? |
The driver shall not carry more than one person in addition to himself. |
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How must the pillion rider be seated under Section 128(1)? |
The pillion rider must be seated on a proper seat securely fixed to the motor cycle behind the driver’s seat with appropriate safety measures. |
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What additional power is given to the Central Government under Section 128(2)? |
The Central Government may prescribe additional safety measures for drivers of two-wheeled motor cycles and pillion riders. |
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What does Section 129 of the Motor Vehicles Act deal with? |
Section 129 deals with the wearing of protective headgear |
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Who is required to wear protective headgear under Section 129? |
Every person driving or riding a motor cycle in a public place, otherwise than in a side car, must wear protective headgear. |
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What standard must the protective headgear conform to under Section 129? |
The protective headgear must conform to the standards of the Bureau of Indian Standards. |
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What exemption is provided to Sikhs under the first proviso to Section 129? |
A Sikh wearing a turban while driving or riding a motor cycle in a public place is exempted from wearing protective headgear. |
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What power is given to the State Government under the second proviso to Section 129? |
The State Government may, by rules, provide for such further exceptions as it may think fit. |
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How is “protective headgear” defined under the Explanation to Section 129? |
Protective headgear means a helmet which by its shape, material and construction affords reasonable protection from injury in an accident and is securely fastened to the head by straps or other fastenings. |
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What does Section 130 of the Motor Vehicles Act deal with? |
Section 130 deals with the duty to produce driving licence, certificate of registration |
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Who can demand production of a driving licence under Section 130(1)? |
Any police officer in uniform may demand the driving licence for examination. |
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What is the duty of the driver under Section 130(1)? |
The driver of a motor vehicle in any public place shall produce his driving licence for examination on demand. |
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What alternative can a driver produce if the licence has been submitted or seized? |
The driver may produce a receipt or other acknowledgment issued by the officer or authority who seized or received the licence. |
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What is the driver required to do after producing the receipt under the proviso to Section 130(1)? |
The driver must produce the licence within such period and in such manner as prescribed by the Central Government. |
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What does Section 130(2) provide? |
The conductor of a motor vehicle, if any, shall on demand by an authorised officer of the Motor Vehicles Department produce his licence for examination. |
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Who can demand the conductor’s licence under Section 130(2)? |
An officer of the Motor Vehicles Department authorised in this behalf. |
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What does Section 130(3) require the owner of a motor vehicle to produce? |
The owner shall produce the certificate of insurance and, in case of a transport vehicle, also the certificate of fitness under section 56 and the permit. |
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Who must comply with Section 130(3) if the owner is absent? |
The driver or other person in charge of the vehicle. |
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Which vehicles are excluded from Section 130(3)? |
Vehicles registered under section 60 are excluded. |
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What must be done if the required certificates or permit are not in possession at the time of demand? |
Photocopies duly attested must be submitted in person or sent by registered post within fifteen days from the date of demand. |
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To whom must the documents be submitted under Section 130(3)? |
To the officer who demanded the documents. |
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How is “certificate of insurance” defined for the purposes of Section 130(3)? |
It means the certificate issued under sub-section (3) of section 147. |
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What does Section 130(4) provide? |
If the licence, certificates or permit are not in possession at the time of demand, production within the prescribed period and manner shall be sufficient compliance. |
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Who prescribes the period and manner of subsequent production under Section 130(4)? |
The Central Government. |
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What is the proviso to Section 130(4)? |
The provisions of sub-section (4) shall not apply to persons required to produce the certificate of registration or certificate of fitness of a transport vehicle, except to such extent and with such modifications as may be prescribed. |
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What does Section 131 of the Motor Vehicles Act deal with? |
Section 131 deals with the duty of the driver to take precautions at an unguarded railway level crossing. |
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What is the duty of a driver on approaching an unguarded railway level crossing under Section 131? |
The driver shall stop the vehicle and ensure that no train or trolley is approaching from either side before crossing. |
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How must safety be ensured at an unguarded railway crossing when a helper is available? |
The conductor, cleaner, attendant or any other person shall walk up to the crossing, ensure no train or trolley is approaching, and then pilot the vehicle across. |
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What must the driver do if no conductor, cleaner or attendant is available? |
The driver himself shall get down from the vehicle and ensure that no train or trolley is approaching before crossing. |
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What does Section 132 of the Motor Vehicles Act deal with? |
Section 132 deals with the duty of the driver to stop in certain cases. |
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When is a driver required to stop under Section 132(1)? |
When required by a police officer not below the rank of Sub-Inspector in uniform in case of an accident, or when required by a person in charge of an animal apprehending danger. |
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For how long can the driver be required to stop under Section 132(1)? |
For such reasonable time as necessary but not exceeding twenty-four hours. |
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In what situation involving animals must a driver stop under Section 132(1)(b)? |
When a person in charge of an animal apprehends that the animal is or may become unmanageable due to the vehicle. |
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What information must the driver give under Section 132(1)? |
His name and address and the name and address of the owner of the vehicle. |
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To whom must the information be given under Section 132(1)? |
To any person affected by the accident or damage who demands it and furnishes his own name and address. |
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What does Section 132(2) provide? |
The driver shall give his name and address on demand by a person alleging an offence under section 184. |
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What condition must be satisfied before demanding information under Section 132(2)? |
The person demanding must give his own name and address. |
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How is “animal” defined under Section 132(3)? |
Animal means any horse, cattle, elephant, camel, ass, mule, sheep or goat. |
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What does Section 133 of the Motor Vehicles Act deal with? |
Section 133 deals with the duty of the owner of a motor vehicle to give information. |
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Who is required to give information under Section 133? |
The owner of the motor vehicle. |
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When does the duty under Section 133 arise? |
When the driver or conductor is accused of any offence under the Act. |
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To whom must information be given under Section 133? |
To any police officer authorised by the State Government. |
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What information must be provided under Section 133? |
The name and address of the driver or conductor and the licence held by him. |
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What is the standard of knowledge required under Section 133? |
Information which is in possession of the owner or could be ascertained by reasonable diligence. |
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What does Section 134 of the Motor Vehicles Act deal with? |
Section 134 deals with the duty of the driver in case of accident and injury to a person or damage to third-party property. |
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When does the duty under Section 134 arise? |
When any person is injured or any property of a third party is damaged as a result of an accident involving a motor vehicle. |
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Who is responsible for performing the duties under Section 134? |
The driver of the vehicle or other person in charge of the vehicle. |
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What is the primary duty of the driver under Section 134(a)? |
To take all reasonable steps to secure medical attention for the injured person. |
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How is medical attention to be secured under Section 134(a)? |
By conveying the injured person to the nearest medical practitioner or hospital. |
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When can the duty to secure medical attention be dispensed with? |
When it is not practicable due to mob fury or any other reason beyond the control of the driver. |
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What is the duty of a medical practitioner or hospital under Section 134(a)? |
To immediately attend to the injured person and render medical aid without waiting for procedural formalities. |
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When can medical assistance be declined under Section 134(a)? |
When the injured person or his guardian, in case of a minor, desires otherwise. |
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What obligation does Section 134(b) impose on the driver regarding police authorities? |
To give on demand any information required by a police officer. |
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What must the driver do if no police officer is present at the accident site? |
Report the circumstances of the occurrence at the nearest police station. |
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What details must be included in the report under Section 134(b)? |
The circumstances of the accident and reasons, if any, for not securing medical attention. |
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Within what time must the accident be reported under Section 134(b)? |
As soon as possible and in any case within twenty-four hours of the occurrence. |
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What additional duty is imposed under Section 134(c)? |
To give information in writing to the insurer about the occurrence of the accident. |
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What insurance-related information must be provided under Section 134(c)(i)? |
Insurance policy number and period of its validity. |
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What accident-related particulars must be provided under Section 134(c)(ii)? |
Date, time and place of the accident. |
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What victim-related details must be furnished under Section 134(c)(iii)? |
Particulars of the persons injured or killed in the accident. |
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What driver-related information must be given under Section 134(c)(iv)? |
Name of the driver and particulars of his driving licence. |
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To whom must the information under Section 134(c) be given? |
To the insurer who has issued the certificate of insurance. |
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How is the term “driver” interpreted for the purposes of Section 134? |
It includes the owner of the vehicle. |
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What does Section 135 of the Motor Vehicles Act deal with? |
Section 135 deals with schemes to be framed by the State Government for investigation of accident cases and provision of wayside amenities and related facilities. |
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Who is empowered to frame schemes under Section 135? |
The State Government is empowered to frame schemes under Section 135. |
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How are schemes under Section 135 framed? |
Schemes under Section 135 are framed by notification in the Official Gazette. |
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What is the purpose of schemes under Section 135(1)(a)? |
To provide for an in-depth study on the causes and analysis of motor vehicle accidents. |
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What does Section 135(1)(b) provide for? |
It provides for wayside amenities on highways. |
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What does Section 135(1)(c) provide for? |
It provides for traffic aid posts on highways. |
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What does Section 135(1)(d) provide for? |
It provides for truck parking complexes along highways. |
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What procedural requirement applies to schemes framed under Section 135(2)? |
Every scheme framed under Section 135 must be laid before the State Legislature as soon as may be after it is made. |
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What does Section 136 of the Motor Vehicles Act deal with? |
Section 136 deals with inspection of a motor vehicle involved in an accident. |
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Who may inspect a vehicle involved in an accident under Section 136? |
Any person authorised in this behalf by the State Government may inspect the vehicle. |
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What condition must be fulfilled before inspection under Section 136? |
The authorised person must produce his authority if so required. |
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What powers does the authorised person have while inspecting a vehicle under Section 136? |
He may inspect the vehicle, enter at any reasonable time any premises where the vehicle may be, and remove the vehicle for examination. |
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What safeguard is provided to the owner when a vehicle is removed under Section 136? |
The place to which the vehicle is removed must be intimated to the owner. |
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Within what time must the vehicle be returned after inspection under Section 136? |
The vehicle must be returned within twenty-four hours after completion of the formalities. |
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To whom can the vehicle be returned under Section 136? |
The vehicle may be returned to the owner, driver, or the person in charge of the vehicle. |
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What does Section 137 of the Motor Vehicles Act deal with? |
Section 137 deals with the power of the Central Government to make rules relating to certain procedural matters. |
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Who is empowered to make rules under Section 137? |
The Central Government is empowered to make rules under Section 137. |
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For what purpose can rules be made under Section 137(a)? |
To prescribe the occasions on which signals shall be made by drivers of motor vehicles and the nature of such signals under Section 121. |
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What procedural matter is covered under Section 137(b)? |
The manner in which licences and certificates may be produced to a police officer under Section 130. |
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What does Section 138 of the Motor Vehicles Act deal with? |
Section 138 deals with the power of the State Government to make rules |
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Who is empowered to make rules under Section 138? |
The State Government is empowered to make rules under Section 138. |
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What is the scope of rule-making power under Section 138(1)? |
The State Government may make rules for carrying into effect the provisions of this Chapter except matters specified in Section 137. |
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What is the nature of the rule-making power under Section 138(2)? |
The power is without prejudice to the generality of the rule-making power under sub-section (1). |
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What does Section 138(2)(a) provide for? |
It provides for the removal and safe custody of vehicles including their loads which have broken down, been left standing, or abandoned on roads. |
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What does Section 138(2)(b) empower the State Government to regulate? |
The installation and use of weighing devices. |
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What does Section 138(2)(c) relate to? |
The maintenance and management of wayside amenities complexes. |
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What exemptions can be provided under Section 138(2)(d)? |
Exemption from all or any provisions of this Chapter for fire brigade vehicles, ambulances, and other special classes or descriptions of vehicles, subject to prescribed conditions. |
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What does Section 138(2)(e) deal with? |
The maintenance and management of parking places and stands and the fees, if any, chargeable for their use. |
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What prohibition is covered under Section 138(2)(f)? |
Prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or at specified places. |
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What conduct is prohibited under Section 138(2)(g)? |
Prohibiting the taking hold of or mounting of a motor vehicle while it is in motion. |
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What restriction is imposed under Section 138(2)(h)? |
Prohibiting the use of footpaths or pavements by motor vehicles. |
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What general objective is covered under Section 138(2)(i)? |
Prevention of danger, injury or annoyance to the public or any person, danger or injury to property, or obstruction to traffic. |
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What residual power is provided under Section 138(2)(j)? |
Rule-making power concerning any other matter which is to be or may be prescribed. |
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CHAPTER-IX |
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MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA |
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What does Section 139 of the Motor Vehicles Act deal with? |
Section 139 deals with the power of the Central Government to make rules |
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Who is empowered to make rules under Section 139? |
The Central Government is empowered to make rules under Section 139. |
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How are rules under Section 139 to be made? |
Rules under Section 139 are to be made by notification in the Official Gazette. |
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For what purpose can rules be made under Section 139(1)(a)? |
For the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India or temporarily proceeding outside India and wishing to drive during their absence. |
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What does Section 139(1)(b) provide for? |
It provides for prescribing conditions subject to which motor vehicles brought temporarily into India from outside India may be possessed and used by persons intending a temporary stay. |
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What does Section 139(1)(c) regulate? |
The conditions subject to which persons entering India for a temporary stay may drive motor vehicles in India. |
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What is the objective of rule-making under Section 139(2)? |
To facilitate and regulate services of motor vehicles operating between India and another country under reciprocal arrangements for carriage of passengers or goods or both for hire or reward. |
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What does Section 139(2)(a) provide for? |
Conditions subject to which motor vehicles providing such services may be brought into India from outside India and possessed and used in India. |
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What does Section 139(2)(b) deal with? |
Conditions subject to which motor vehicles may be taken from any place in India to any place outside India. |
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What does Section 139(2)(c) regulate? |
Conditions subject to which drivers and conductors employed on such motor vehicles may enter or leave India. |
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What does Section 139(2)(d) provide for? |
Grant and authentication of travelling passes, certificates or authorisations to drivers and conductors of such motor vehicles. |
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What does Section 139(2)(e) relate to? |
Particulars other than registration marks to be exhibited by such motor vehicles and the manner of their exhibition. |
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What is covered under Section 139(2)(f)? |
The use of trailers with such motor vehicles. |
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What exemption is provided under Section 139(2)(g)? |
Exemption of such motor vehicles and their drivers and conductors from all or any provisions of the Act or rules made thereunder, except those referred to in sub-section (4). |
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What does Section 139(2)(h) deal with? |
Identification of drivers and conductors of such motor vehicles. |
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What does Section 139(2)(i) provide for? |
Replacement of travelling passes, certificates, authorisations, permits, licences or other prescribed documents lost or defaced on payment of prescribed fees. |
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What is the purpose of Section 139(2)(j)? |
To provide exemption from laws relating to customs, police or health to facilitate international road transport services. |
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What residual power is provided under Section 139(2)(k)? |
Rule-making power in respect of any other matter which is to be or may be prescribed. |
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What limitation is imposed by Section 139(3)? |
No rule made under this section shall confer immunity from payment of motor vehicle taxes levied by any State. |
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What does Section 139(4) provide? |
It excludes the applicability of certain provisions of the Act and State rules to vehicles, drivers and conductors governed by rules made under this section. |
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Which matters are excluded under Section 139(4)(a) to (c)? |
Registration and identification of vehicles, construction, maintenance and equipment requirements, and licensing and qualifications of drivers and conductors. |
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To whom does the exclusion under Section 139(4)(i) apply? |
To motor vehicles and drivers governed by rules made under Section 139(1)(b), 139(1)(c) or Section 139(2). |
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To whom does the exclusion under Section 139(4)(ii) apply? |
To conductors governed by rules made under Section 139(2). |
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CHAPTER-X |
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LIABILITY WITHOUT FAULT IN CERTAIN CASES |
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What does Section 140 of the Motor Vehicles Act deal with? |
Section 140 deals with liability to pay compensation in certain cases on the principle of no fault. |
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What is meant by the principle of no fault under Section 140? |
It means compensation is payable without proof of wrongful act, neglect or default. |
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When does liability arise under Section 140(1)? |
When death or permanent disablement results from an accident arising out of the use of a motor vehicle or motor vehicles. |
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Who is liable to pay compensation under Section 140(1)? |
The owner of the vehicle or, where more than one vehicle is involved, the owners jointly and severally. |
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What is the nature of liability under Section 140(1)? |
Joint and several liability of the owners. |
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What amount of compensation is payable for death under Section 140(2)? |
A fixed sum of fifty thousand rupees. |
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What amount of compensation is payable for permanent disablement under Section 140(2)? |
A fixed sum of twenty-five thousand rupees. |
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Is the compensation amount under Section 140 variable? |
No, it is a fixed statutory amount. |
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What is the burden of proof under Section 140(3)? |
The claimant is not required to plead or establish wrongful act, neglect or default. |
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Against whom is proof of fault not required? |
Against the owner or owners of the vehicle or any other person. |
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What does Section 140(4) provide regarding contributory negligence? |
The claim shall not be defeated due to wrongful act, neglect or default of the victim. |
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Can compensation be reduced due to victim’s fault under Section 140(4)? |
No, the quantum of compensation shall not be reduced. |
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What is the effect of Section 140(4) on responsibility of the victim? |
Responsibility of the victim does not affect entitlement or amount of compensation. |
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What additional liability is imposed under Section 140(5)? |
The owner is also liable to pay compensation under any other law in force. |
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Does Section 140(5) override sub-section (2)? |
Yes, it operates notwithstanding sub-section (2). |
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What adjustment is required under the proviso to Section 140(5)? |
Compensation paid under other law shall be reduced from compensation payable under Section 140 or Section 163A. |
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What is the relationship between Section 140 and Section 163A? |
Amount paid under other law is deductible from compensation under Section 140 or Section 163A. |
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Is Section 140 compensation final or interim in nature? |
It is interim and without prejudice to other legal remedies. |
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What is the legislative objective of Section 140? |
To provide immediate relief to victims without lengthy fault-based litigation. |
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What does Section 141 of the Motor Vehicles Act deal with? |
It deals with provisions relating to other rights to claim compensation for death or permanent disablement. |
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What is the nature of the right to claim compensation under Section 140 as per Section 141(1)? |
It is in addition to any other right to claim compensation. |
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Which right is expressly excluded from Section 141(1)? |
The right to claim compensation under the scheme referred to in Section 163A. |
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How is the excluded right described in Section 141? |
As the right to claim compensation under the scheme referred to in Section 163A. |
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What are the other rights referred to in Section 141(1) called? |
Rights on the principle of fault. |
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Under which laws can compensation be claimed in addition to Section 140? |
Under any other provision of this Act or any other law for the time being in force. |
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What does Section 141(2) provide regarding disposal of claims? |
Claims under Section 140 shall be disposed of as expeditiously as possible. |
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What happens when compensation is claimed under Section 140 and also on the principle of fault? |
The claim under Section 140 shall be disposed of first. |
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Why is Section 140 compensation disposed of first? |
To ensure immediate relief without waiting for fault-based adjudication. |
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What is the overriding provision contained in Section 141(3)? |
It applies notwithstanding anything contained in sub-section (1). |
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When does Section 141(3) become applicable? |
When the person liable under Section 140 is also liable under the principle of fault. |
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What is the obligation of the liable person under Section 141(3)? |
He shall pay the compensation under Section 140 first. |
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What does Section 141(3)(a) provide? |
If Section 140 compensation is less than fault-based compensation, the excess amount shall be paid. |
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How is the excess amount calculated under Section 141(3)(a)? |
By deducting the Section 140 amount from the fault-based compensation. |
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What does Section 141(3)(b) provide? |
If Section 140 compensation is equal to or more than fault-based compensation, no further amount is payable. |
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Can double compensation be recovered under Section 141? |
No, only the differential amount, if any, can be recovered. |
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What is the legislative intent behind Section 141? |
To prevent unjust enrichment while ensuring speedy interim compensation. |
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Does Section 141 allow simultaneous remedies? |
Yes, but subject to adjustment of amounts. |
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What principle governs compensation under laws other than Section 140? |
The principle of fault. |
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Is Section 141 mandatory in nature? |
Yes, it prescribes mandatory adjustment of compensation amounts. |
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What does Section 142 of the Motor Vehicles Act deal with? |
It defines what constitutes permanent disablement for the purposes of this Chapter. |
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For which Chapter is the definition under Section 142 applicable? |
For the Chapter relating to liability without fault under Section 140. |
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When is permanent disablement deemed to have resulted under Section 142? |
When it results from an accident of the nature referred to in Section 140(1). |
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What is the first category of injuries under Section 142(a)? |
Permanent privation of the sight of either eye. |
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What additional sensory loss is covered under Section 142(a)? |
Permanent privation of the hearing of either ear. |
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What bodily loss is included under Section 142(a)? |
Privation of any member or joint. |
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What does Section 142(b) cover? |
Destruction or permanent impairing of the powers of any member or joint. |
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What kind of impairment is required under Section 142(b)? |
Permanent impairment. |
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What injury is covered under Section 142(c)? |
Permanent disfiguration of the head or face. |
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Is the list under Section 142 exhaustive? |
Yes, for the purposes of this Chapter. |
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What does Section 143 of the Motor Vehicles Act deal with? |
It provides for the applicability of this Chapter to certain claims under the Workmen’s Compensation Act, 1923. |
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To which Act does Section 143 extend the applicability of this Chapter? |
The Workmen’s Compensation Act, 1923 (Act 8 of 1923). |
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In what cases does this Chapter apply under Section 143? |
Claims for compensation for death or permanent disablement. |
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What must be the cause of death or permanent disablement for Section 143 to apply? |
An accident of the nature referred to in Section 140(1). |
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How are the provisions of this Chapter applied to the Workmen’s Compensation Act? |
With necessary modifications. |
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What legal fiction is created under Section 143? |
The provisions of this Chapter are deemed to form part of the Workmen’s Compensation Act, 1923. |
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What is the purpose of Section 143? |
To ensure uniform application of no-fault liability principles across statutes. |
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What does Section 144 of the Motor Vehicles Act deal with? |
It provides for the overriding effect of the provisions of this Chapter. |
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Over what laws does this Chapter have overriding effect? |
Any other provision of this Act or any other law for the time being in force. |
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What is the legal effect of Section 144? |
The provisions of this Chapter prevail in case of inconsistency. |
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CHAPTER-XI |
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INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS |
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What does Section 145 of the Motor Vehicles Act deal with? |
Section 145 provides definitions of terms used in this Chapter. |
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How is “authorised insurer” defined under Section 145(a)? |
An authorised insurer means an insurer carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972. |
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What else is included within the meaning of “authorised insurer”? |
Any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972. |
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What does “certificate of insurance” mean under Section 145(b)? |
A certificate issued by an authorised insurer in pursuance of Section 147(3). |
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What document is included within the term “certificate of insurance”? |
A cover note complying with prescribed requirements. |
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If more than one certificate of insurance is issued, what is included? |
All such certificates are included. |
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Is a copy of a certificate of insurance included? |
Yes, a copy of the certificate is also included. |
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How is “liability” defined under Section 145(c)? |
Liability in relation to death of or bodily injury to any person. |
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What specific liability is included within the term “liability”? |
Liability under Section 140. |
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What does “policy of insurance” include under Section 145(d)? |
It includes a certificate of insurance. |
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What does “property” include under Section 145(e)? |
Goods carried in the motor vehicle. |
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What public infrastructure is included within “property”? |
Roads, bridges, culverts and causeways. |
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What fixed and natural objects are included within “property”? |
Trees, posts and milestones. |
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What does “reciprocating country” mean under Section 145(f)? |
A country notified by the Central Government on the basis of reciprocity. |
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How is a reciprocating country notified? |
By notification in the Official Gazette. |
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For what purpose is a country notified as a reciprocating country? |
For the purposes of this Chapter. |
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How is “third party” defined under Section 145(g)? |
Third party includes the Government. |
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What does Section 146 of the Motor Vehicles Act deal with? |
Section 146 deals with the necessity for insurance against third party risk. |
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What is the general rule under Section 146(1)? |
No person shall use or allow the use of a motor vehicle in a public place unless a valid insurance policy is in force. |
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Who is excluded from the prohibition under Section 146(1)? |
A passenger. |
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In respect of whom must the insurance policy be in force? |
In relation to the use of the vehicle by the person using or allowing its use. |
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Which type of insurance policy is required under Section 146(1)? |
A policy of insurance complying with the requirements of this Chapter. |
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What additional requirement exists for vehicles carrying dangerous or hazardous goods? |
A policy of insurance under the Public Liability Insurance Act, 1991 is also required. |
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Who is exempted under the explanation to Section 146(1)? |
A paid employee driving the vehicle. |
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When will a paid employee be deemed to contravene Section 146(1)? |
When he knows or has reason to believe that no insurance policy is in force. |
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When does Section 146(2) apply? |
It applies to vehicles owned by the Central Government or State Government. |
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Which government vehicles are exempt under Section 146(2)? |
Vehicles used for Government purposes unconnected with any commercial enterprise. |
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Who may grant exemption under Section 146(3)? |
The appropriate Government. |
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Which vehicles may be exempted under Section 146(3)? |
Vehicles owned by specified authorities. |
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Which authorities are covered under Section 146(3)? |
Central Government, State Government, local authority and State transport undertaking. |
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What condition must be satisfied before granting exemption under Section 146(3)? |
A fund must be established and maintained to meet third-party liabilities. |
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For what purpose must the fund be maintained? |
For meeting liability arising out of use of vehicles to third parties. |
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Who must maintain the fund? |
The authority owning the vehicle. |
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What does “appropriate Government” mean under the Explanation to Section 146(3)? |
Central Government or State Government, as the case may be. |
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Who is the appropriate Government for corporations owned by the Central or State Government? |
The Central Government or the respective State Government. |
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Who is the appropriate Government where a corporation is owned by the Central and State Governments? |
The Central Government. |
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Who is the appropriate Government for State transport undertakings or local authorities? |
The Government having control over such undertaking or authority. |
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What does Section 147 of the Motor Vehicles Act deal with? |
Section 147 deals with the requirements of insurance policies and limits of liability. |
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Who can issue a valid insurance policy under Section 147(1)? |
An authorised insurer. |
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What must a policy insure to comply with Section 147(1)? |
The person or classes of persons specified in the policy. |
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Against what liability must the policy provide coverage under Section 147(1)(b)(i)? |
Liability for death, bodily injury to any person including owner of goods or authorised representative, or damage to third party property. |
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Where must the accident arise for coverage under Section 147(1)(b)(i)? |
Out of the use of the vehicle in a public place. |
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What additional liability must be covered under Section 147(1)(b)(ii)? |
Death or bodily injury to any passenger of a public service vehicle. |
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Is a policy required to cover employee death or injury? |
No, except liability under the Workmen’s Compensation Act, 1923. |
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Which employees are covered under the Workmen’s Compensation exception? |
Driver, conductor or ticket examiner of a public service vehicle, and goods carriage employee carried in the vehicle. |
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Is contractual liability required to be covered under Section 147? |
No. |
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What does the Explanation to Section 147 clarify? |
Liability is deemed to arise from use of a vehicle in a public place even if the victim or property was not in a public place. |
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When does this deeming provision apply? |
When the act or omission causing the accident occurred in a public place. |
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What is the general limit of liability under Section 147(2)(a)? |
The full amount of liability incurred. |
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What is the liability limit for third party property damage under Section 147(2)(b)? |
Rupees six thousand. |
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What happens to limited liability policies existing before commencement of the Act? |
They remain effective for four months or till expiry, whichever is earlier. |
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When does a policy become effective under Section 147(3)? |
Only after issuance of a certificate of insurance. |
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In whose favour must the certificate of insurance be issued? |
The person by whom the policy is effected. |
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What must the certificate of insurance contain? |
Prescribed form, particulars of conditions, and other prescribed matters. |
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What is a cover note under Section 147(4)? |
A temporary insurance document issued before the policy. |
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What must an insurer do if a cover note is not followed by a policy? |
Notify the registering authority within seven days. |
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Which authority must be notified under Section 147(4)? |
The registering authority or any authority prescribed by the State Government. |
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What is the effect of Section 147(5)? |
The insurer must indemnify the insured for liabilities covered by the policy. |
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Does Section 147(5) override other laws? |
Yes, notwithstanding anything contained in any other law. |
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What does Section 148 of the Motor Vehicles Act deal with? |
Section 148 deals with the validity of insurance policies issued in reciprocating countries. |
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When does Section 148 apply? |
When there is an arrangement between India and a reciprocating country. |
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Which vehicles are covered under Section 148? |
Motor vehicles registered in a reciprocating country. |
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Where must such vehicles operate for Section 148 to apply? |
On any route or within any area common to India and the reciprocating country. |
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What insurance requirement must be satisfied under Section 148? |
There must be a policy of insurance complying with the insurance law in force in the reciprocating country. |
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Does Section 147 apply to such policies? |
No, Section 148 applies notwithstanding anything contained in Section 147. |
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Is the validity under Section 148 absolute? |
No, it is subject to rules made under Section 164. |
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What is the legal effect of such foreign insurance policies in India? |
They are deemed effective as if they complied with the requirements of this Chapter. |
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For what area is the policy deemed effective? |
Throughout the route or area for which the reciprocal arrangement has been made. |
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What does Section 149 of the Motor Vehicles Act deal with? |
Section 149 deals with the duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. |
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When does the duty of the insurer under Section 149(1) arise? |
When a judgment or award is obtained against a person insured by the policy in respect of a liability required to be covered under Section 147(1)(b) or Section 163A. |
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Is the insurer liable even if the policy is avoided or cancelled? |
Yes, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy. |
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To whom must the insurer make payment under Section 149(1)? |
To the person entitled to the benefit of the decree or award. |
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What is the extent of the insurer’s liability under Section 149(1)? |
Any sum not exceeding the sum assured payable under the policy. |
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Is the insurer treated as a judgment debtor? |
Yes, the insurer is liable as if he were the judgment debtor. |
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What additional amounts must the insurer pay besides compensation? |
Costs and interest payable on the compensation amount. |
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What is a mandatory condition for insurer’s liability under Section 149(2)? |
The insurer must have received notice of the proceedings through the Court or Claims Tribunal before commencement. |
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Can the insurer be made a party to the proceedings? |
Yes, the insurer is entitled to be made a party and to defend the action. |
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On what ground can the insurer defend the action under Section 149(2)(a)? |
Breach of a specified condition of the policy. |
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What vehicle use exclusions constitute breach under Section 149(2)(a)(i)? |
Use for hire or reward without permit, organised racing or speed testing, use not allowed by permit, or use of motorcycle without side-car. |
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What driving-related exclusions are recognised under Section 149(2)(a)(ii)? |
Driving by an unlicensed person, a disqualified person, or a person not authorised under the policy. |
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What disturbance-related exclusion is recognised under Section 149(2)(a)(iii)? |
Injury caused or contributed to by war, civil war, riot or civil commotion. |
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What other defence is available to the insurer under Section 149(2)(b)? |
That the policy is void due to non-disclosure of a material fact or false representation of a material fact. |
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Does the insurer have to pay if execution of the award is stayed? |
No, payment is not required so long as execution is stayed pending appeal. |
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When is an insurer liable under Section 149(3)? |
When a judgment is obtained from a court in a reciprocating country and is conclusive under Section 13 of the CPC, 1908. |
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Does it matter whether the insurer is registered in the reciprocating country? |
No, the insurer is liable whether or not he is registered under the law of the reciprocating country. |
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How is such foreign judgment treated for insurer liability? |
It is treated as if the judgment were given by a court in India. |
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What condition must be fulfilled before insurer’s liability arises under Section 149(3)? |
The insurer must have received notice of the proceedings before their commencement. |
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What right does the insurer have after receiving notice under Section 149(3)? |
The right to be made a party and defend the action on grounds similar to those under Section 149(2). |
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What is the effect of Section 149(4) on restrictive policy conditions? |
Any policy condition restricting insurance other than those under Section 149(2)(b) is of no effect. |
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To which liabilities does Section 149(4) apply? |
Liabilities required to be covered under Section 147(1)(b). |
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Can the insurer recover amounts paid under Section 149(4)? |
Yes, the insurer can recover such amount from the insured person. |
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What does Section 149(5) provide? |
The insurer may recover excess amount paid beyond policy liability from the insured. |
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When does the right of recovery under Section 149(5) arise? |
When insurer’s statutory liability exceeds contractual liability under the policy. |
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What is meant by “material fact” under Section 149(6)? |
A fact that would influence a prudent insurer’s decision to take the risk or fix premium and conditions. |
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What is meant by “material particular” under Section 149(6)? |
A material detail influencing the insurer’s judgment regarding risk and policy terms. |
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What does “liability covered by the terms of the policy” mean under Section 149(6)? |
Liability covered or which would be covered but for avoidance or cancellation of policy. |
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What restriction is placed on insurers under Section 149(7)? |
Insurer cannot avoid liability except as provided under Section 149(2) or corresponding foreign law. |
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To which judgments does Section 149(7) apply? |
Judgments under Section 149(1) and foreign judgments under Section 149(3). |
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What does the Explanation to Section 149 clarify? |
It defines “Claims Tribunal” and “award”. |
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What is meant by “Claims Tribunal” under Section 149? |
A Claims Tribunal constituted under Section 165. |
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What is meant by “award” under Section 149? |
An award made by the Claims Tribunal under Section 168. |
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What is the subject matter of Section 150 of the Motor Vehicle Act? |
Section 150 deals with the rights of third parties against insurers on insolvency of the insured. |
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When do the rights of an insured against the insurer transfer to a third party under Section 150? |
Under Section 150(1), the rights transfer when the insured becomes insolvent, makes a composition with creditors, or if the insured is a company, on winding up, appointment of a receiver, or possession by debenture holders under a floating charge, provided the liability to the third party has arisen. |
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Does Section 150 apply to deceased insured persons? |
Yes. Section 150(2) states that if an order for administration of a deceased insured’s estate is made, the rights of the deceased against the insurer for any liability to a third party transfer to the person owed the debt. |
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Can an insurance policy avoid liability on insolvency, winding up, or death of the insured? |
No. Section 150(3) invalidates any condition in an insurance policy that attempts directly or indirectly to avoid the policy or alter rights upon insolvency, company winding up, or administration of a deceased insured’s estate. |
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How is the insurer’s liability determined after rights are transferred to a third party? |
As per Section 150(4), the insurer is liable to the third party as if dealing with the insured. If the insurer’s liability exceeds the insured’s liability to the third party, the insured can claim the excess. If the insurer’s liability is less, the third party can claim the balance from the insured. |
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What happens if the insurer’s liability exceeds the insured’s liability to the third party? |
The excess amount beyond the insured’s liability remains the right of the insured to claim from the insurer. |
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What happens if the insurer’s liability is less than the insured’s liability to the third party? |
The third party can recover the difference directly from the insured, ensuring full compensation. |
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What is the subject matter of Section 151 of the Motor Vehicle Act? |
Section 151 deals with the duty of persons to provide information regarding insurance. |
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Who is obliged to provide information about insurance when a claim is made? |
Under Section 151(1), any person against whom a claim is made for a liability referred to in Section 147(1)(b) must state whether they were insured under a policy issued under this Chapter and provide details as specified in the certificate of insurance. |
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What is the duty of insolvent debtors, deceased persons’ representatives, or companies in winding up regarding insurance information? |
Section 151(2) mandates that insolvent debtors, personal representatives of deceased debtors, companies under winding up, or their trustees, receivers, liquidators, or managers must provide information reasonably required to determine if rights have transferred under Section 150 and to help enforce those rights. |
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Can an insurance policy avoid the obligation to provide information under Section 151? |
No. Any policy clause that attempts directly or indirectly to avoid the duty to provide information in the events described (insolvency, death, winding up, etc.) is void and of no effect. |
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Does the duty extend to insurers if there is reasonable ground to believe rights have transferred? |
Yes. Section 151(3) provides that if a person has reasonable grounds from the information received that rights may have transferred to them under this Chapter, the insurer is also obliged to provide the same information. |
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What documents must be made available under the duty to provide information? |
Section 151(4) states that all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person must be made available for inspection and copying. |
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What is the consequence of refusing to provide information about insurance? |
Refusing to provide information as required under Section 151 is not permitted, and any attempt to avoid or restrict this duty by policy terms is invalid. |
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What is the subject matter of Section 152 of the Motor Vehicle Act? |
Section 152 deals with settlements between insurers and insured persons. |
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When is a settlement between an insurer and insured invalid under Section 152? |
According to Section 152(1), any settlement made by the insurer regarding a claim cannot be valid unless the third party is a party to the settlement. |
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How are agreements, waivers, assignments, or payments after insolvency or winding up treated? |
Section 152(2) provides that if the insured becomes insolvent, or if a company is under winding up, **any agreement, waiver, assignment, or payment made to the insured after liability arises to a third party is ineffective** against the rights transferred to the third party. The third party's rights remain unaffected as if no such act occurred. |
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What is the subject matter of Section 153? |
Section 153 provides savings in respect of Sections 150, 151, and 152**, clarifying the scope and exceptions of those provisions regarding third-party liabilities. |
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Does Section 150–152 apply to a person acting as an insurer under another policy? |
No. Section 153(1) states that references to “liabilities to third parties” **do not include liabilities of a person in the capacity of an insurer under another policy. |
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Are there exceptions when Sections 150–152 do not apply to companies? |
Yes. Section 153(2) states that these provisions **do not apply when a company is wound up voluntarily for reconstruction or amalgamation purposes**. |
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What is the subject matter of Section 154? |
Section 154 deals with the Insolvency of insured persons not to affect liability of insured or claims by third parties |
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Does insolvency of the insured affect their liability to third parties under Section 154? |
No. Section 154 ensures that **any liability of the insured referred to in Section 147(1)(b) remains intact** despite insolvency, death, or company winding up, and third-party rights under Sections 150–152 continue unaffected. |
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What is the subject matter of Section 155? |
Section 155 addresses the effect of the death of an insured person on causes of action. It ensures that the death of a person in whose favour a certificate of insurance has been issued does not bar the survival of any cause of action arising from an event giving rise to a claim. |
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Does the death of the insured prevent claims against their estate or insurer? |
No. Section 155 provides that even after the death of the insured, claims **can be made against their estate or the insurer** if the event giving rise to the liability has occurred. |
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What is the subject matter of Section 156 of the Motor Vehicle Act? |
Section 156 deals with the effect of a certificate of insurance. |
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How does a certificate of insurance affect third parties if the policy has not been issued yet? |
As per Section 156(a), if the insurer has not issued the policy described in the certificate, the insurer is **deemed to have issued a policy conforming exactly to the certificate** for the benefit of all persons except the insured. |
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What happens if the policy issued is less favourable to claimants than the certificate? |
According to Section 156(b), if the insurer issues a policy that is less favourable than the certificate, the policy is still deemed to conform to the certificate in all respects as between the insurer and any person other than the insured. |
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Why is Section 156 important for third parties? |
Section 156 ensures that third parties can rely on the certificate of insurance and are not disadvantaged if the insurer delays issuing the policy or issues terms less favourable than those promised in the certificate. |
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What is the subject matter of Section 157? |
Section 157 deals with the transfer of a certificate of insurance. |
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Does the transfer of a vehicle automatically transfer the certificate and policy? |
Yes. Section 157(1) states that upon transfer of a motor vehicle, the certificate of insurance and the policy described in it are deemed to be transferred to the new owner from the date of transfer. The transfer includes all rights and liabilities under the certificate and policy. |
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What is the duty of the transferee after acquiring a vehicle and insurance? |
Section 157(2) requires the transferee to apply to the insurer within fourteen days in the prescribed form to update the certificate and policy in their favour. The insurer must make the necessary changes regarding the transfer. |
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Why is Section 157 significant for third parties? |
Section 157 protects third-party interests by ensuring that insurance coverage continues seamlessly upon transfer of vehicle ownership and that the transferee is properly recognized by the insurer. |
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What is the subject matter of Section 158 of the Motor Vehicle Act? |
Section 158 deals with the production of certificates, driving licences, and permits by drivers in certain cases |
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Who is required to produce certificates, licence, and permit under Section 158(1)? |
Any person driving a motor vehicle in a public place must, when required by a police officer in uniform authorised by the State Government, produce: (a) certificate of insurance, (b) certificate of registration, (c) driving licence, and (d) in case of transport vehicles, certificate of fitness under Section 56 and the permit for vehicle use. |
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What is the duty of a driver involved in an accident under Section 158(2)? |
If an accident occurs causing death or bodily injury, the driver must produce the certificates, licence, and permit **at the police station where the accident report is made** as required under Section 134. |
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Is a driver automatically liable for failing to produce the certificate of insurance? |
No. Section 158(3) provides that a driver is **not liable to conviction** if he produces the certificate within **seven days** of the requirement or accident at the specified police station. This does **not generally apply to transport vehicle drivers** except as prescribed. |
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What information is the owner of a motor vehicle required to provide under Section 158(4)? |
The owner must give information as required by a police officer empowered by the State Government to determine if the vehicle was driven in **contravention of Section 146** or when the driver was required to produce the certificate of insurance. |
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What does “produce his certificate of insurance” mean under Section 158(5)? |
It means to **produce the relevant certificate of insurance for examination** or provide other prescribed evidence showing that the vehicle was not being driven in contravention of Section 146. |
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What is the procedure for forwarding accident information under Section 158(6)? |
After recording information or completing a report of an accident involving death or bodily injury, the officer in charge of the police station must forward a copy within **thirty days** to: (a) the Claims Tribunal having jurisdiction, (b) the concerned insurer, and (c) the owner. The owner must also forward a copy to the Claims Tribunal and insurer within thirty days of receipt. |
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What is the subject matter of Section 159 of the Motor Vehicle Act? |
Section 159 deals with the production of a certificate of insurance on application for authority to use vehicle |
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Who can make rules under Section 159 regarding production of insurance evidence? |
The State Government may make rules requiring vehicle owners to produce prescribed evidence when applying for authority to use the vehicle in a public place, whether by tax payment or other means. |
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What evidence must the vehicle owner produce under Section 159? |
The owner must produce evidence that: (a) a valid insurance policy will be in force on the date the vehicle authority comes into operation for use by the applicant or others permitted by them, or (b) the vehicle is exempt from the provisions of Section 146. |
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Why is Section 159 important for compliance? |
It ensures that vehicles cannot legally operate in public without proper insurance coverage or valid exemption, thereby protecting third parties and aligning vehicle use with insurance and legal requirements. |
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What is the subject matter of Section 160 of the Motor Vehicle Act? |
Section 160 deals with the duty to furnish particulars of vehicle involved in accident |
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Who can request vehicle particulars under Section 160? |
Any person alleging entitlement to claim compensation for an accident, or any insurer against whom a claim has been made, can request the particulars of the vehicle involved. |
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What information must be provided under Section 160? |
The registering authority or police officer must provide information relating to the identification marks and other particulars of the vehicle, the name and address of the person using the vehicle at the time, or the person injured by it, and details of any property damaged. |
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Is there any fee for obtaining information under Section 160? |
Yes. The information must be furnished on payment of the prescribed fee. |
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In what form and time should information under Section 160 be provided? |
The information must be furnished in the form and within the time prescribed by the Central Government. |
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What is the subject matter of Section 161 of the Motor Vehicle Act? |
Section 161 deals with special provisions for compensation in hit and run motor accidents |
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How is “hit and run motor accident” defined under Section 161? |
A hit and run motor accident means an accident arising from the use of a motor vehicle where the identity of the vehicle cannot be ascertained despite reasonable efforts. |
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What is the role of insurance companies in hit and run cases under Section 161? |
General insurance companies and the General Insurance Corporation of India must provide compensation in accordance with the Act and the scheme for death or grievous hurt resulting from hit and run motor accidents. |
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What compensation is payable for death in a hit and run motor accident? |
A fixed sum of twenty-five thousand rupees is payable in respect of the death of any person resulting from a hit and run motor accident. |
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What compensation is payable for grievous hurt in a hit and run motor accident? |
A fixed sum of twelve thousand five hundred rupees is payable for grievous hurt resulting from a hit and run motor accident. |
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Which section governs the procedure for making applications for compensation in hit and run cases? |
Section 166(1) applies to making applications for compensation under Section 161, following the same procedure as for other compensation claims under that sub-section. |
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What is the subject matter of Section 162 of the Motor Vehicle Act? |
Section 162 deals with the refund of compensation paid under Section 161 |
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Under what condition must compensation paid under Section 161 be refunded? |
If any other compensation or amount is awarded or paid for the same death or grievous hurt under any other provision of this Act or any other law, an amount equal to the compensation already paid under Section 161 must be refunded to the insurer. |
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What is the duty of the tribunal, court, or authority awarding compensation under other provisions? |
Before awarding compensation, the tribunal, court, or authority must verify whether compensation has already been paid under Section 161 or whether an application under Section 161 is pending. |
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What action must the tribunal, court, or authority take if compensation has already been paid under Section 161? |
The tribunal, court, or authority must direct the person liable to pay the compensation awarded by it to refund to the insurer the amount equal to the compensation paid under Section 161. |
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What action must the tribunal, court, or authority take if an application for compensation under Section 161 is pending? |
The tribunal, court, or authority must forward the particulars of the compensation awarded to the insurer. |
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How is a pending application under Section 161 defined? |
An application is deemed pending if: (i) the application has been rejected, until the date of rejection, or (ii) in any other case, until the date of payment of compensation pursuant to the application. |
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What is the purpose of Section 163 of the Motor Vehicles Act? |
Section 163 provides for Scheme for payment of compensation in case of hit and run motor accidents |
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Who is empowered to frame the scheme for hit and run compensation under Section 163? |
The Central Government is empowered to frame the scheme by notification in the Official Gazette. |
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Which authority administers the hit and run compensation scheme under Section 163? |
The scheme is administered by the General Insurance Corporation in the manner specified by the Central Government. |
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What matters can be specified in a scheme framed under Section 163(1)? |
The scheme may specify the manner of administration, form and time for making applications, authorities to whom applications are made, procedure for disposal of claims, and all matters connected with or incidental to payment of compensation. |
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What penalties can be provided for contravention of a scheme framed under Section 163? |
Contravention may be punishable with imprisonment up to three months, or fine up to five hundred rupees, or with both. |
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Can powers or duties under a scheme framed under Section 163 be delegated? |
Yes, powers, functions or duties may be delegated with the prior written approval of the Central Government. |
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Can a scheme under Section 163 operate retrospectively? |
Yes, the scheme may operate retrospectively from a date not earlier than the establishment of the Solatium Fund under the Motor Vehicles Act, 1939. |
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What limitation is imposed on retrospective operation of a scheme under Section 163? |
Retrospective effect cannot be given so as to prejudicially affect the interests of any person governed by such provision. |
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What is the subject matter of Section 163A of the Motor Vehicles Act? |
Section 163A deals with special provisions for payment of compensation on a structured formula basis |
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What is the overriding effect of Section 163A(1)? |
Section 163A(1) overrides all provisions of the Motor Vehicles Act, any other law in force, and any instrument having the force of law. |
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Who is liable to pay compensation under Section 163A? |
The owner of the motor vehicle or the authorised insurer is liable to pay compensation. |
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In what situations does liability arise under Section 163A? |
Liability arises in cases of death or permanent disablement due to an accident arising out of the use of a motor vehicle. |
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To whom is compensation payable under Section 163A? |
Compensation is payable to the legal heirs of the deceased or to the victim, as the case may be. |
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On what basis is compensation determined under Section 163A? |
Compensation is determined as per the structured formula indicated in the Second Schedule to the Act. |
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How is “permanent disability” defined for the purposes of Section 163A? |
“Permanent disability” has the same meaning and extent as defined under the Workmen’s Compensation Act, 1923. |
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Is the claimant required to prove fault or negligence under Section 163A? |
No, the claimant is not required to plead or establish any wrongful act, neglect, or default of the vehicle owner or any other person. |
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What is the nature of liability under Section 163A with respect to fault? |
Liability under Section 163A is a no-fault liability based on a structured compensation formula. |
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Who has the power to amend the Second Schedule under Section 163A? |
The Central Government has the power to amend the Second Schedule. |
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On what basis can the Second Schedule be amended under Section 163A(3)? |
The Second Schedule may be amended by the Central Government keeping in view the cost of living. |
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How are amendments to the Second Schedule made under Section 163A? |
Amendments are made by notification in the Official Gazette. |
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What is the subject matter of Section 163B of the Motor Vehicle Act? |
Section 163B deals with the option to file a claim in certain cases |
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What choice does Section 163B give to a claimant? |
A person entitled to claim compensation under both Section 140 and Section 163A must choose to file the claim under either one of the sections, but not under both. |
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What is the subject matter of Section 164 of the Motor Vehicle Act? |
Section 164 deals with the power of the Central Government to make rules |
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What general power does the Central Government have under Section 164(1)? |
The Central Government may make rules to implement the provisions of this Chapter, other than matters covered under Section 159. |
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What specific matters can the Central Government provide for under Section 164(2)? |
The rules may provide for the following: (a) forms to be used for the purposes of this Chapter, (b) making applications for and issuing certificates of insurance, (c) issuing duplicates for lost, destroyed, or mutilated certificates, (d) custody, production, cancellation, and surrender of certificates of insurance, (e) records to be maintained by insurers of policies issued under this Chapter, (f) identification of persons or vehicles exempted from the provisions, (g) furnishing information about policies by insurers, (h) applying provisions to vehicles temporarily in India or registered in a reciprocating country with modifications, (i) form and time limit for furnishing particulars under Section 160, (j) any other matter that may be prescribed. |
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CHAPTER-XII |
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CLAIMS TRIBUNALS |
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What is the subject matter of Section 165 of the Motor Vehicle Act? |
Section 165 deals with the claims tribunals |
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Who can constitute Motor Accidents Claims Tribunals under Section 165? |
The State Government may, by notification in the Official Gazette, constitute one or more Claims Tribunals for such areas as specified in the notification. |
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What types of claims can a Claims Tribunal adjudicate? |
A Claims Tribunal can adjudicate claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles, claims for damages to third-party property, or both. |
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What does the explanation in Section 165 clarify? |
The explanation clarifies that claims for compensation in respect of accidents involving death or bodily injury include claims under Section 140 and Section 163A. |
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How is a Claims Tribunal composed? |
A Claims Tribunal consists of such number of members as the State Government may think fit. Where there are two or more members, one of them is appointed as the Chairman. |
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What are the qualifications for appointment as a member of a Claims Tribunal? |
A person is qualified if he is or has been a Judge of a High Court, or is or has been a District Judge, or is qualified for appointment as a Judge of a High Court or as a District Judge. |
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How can business be distributed when there are multiple Claims Tribunals in an area? |
The State Government may, by general or special order, regulate the distribution of business among multiple Claims Tribunals. |
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What is the subject matter of Section 166 of the Motor Vehicle Act? |
Section 166 deals with the application for compensation |
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Who can make an application for compensation under Section 166(1)? |
An application may be made by the person injured, the owner of the property damaged, the legal representatives of a deceased person, or any agent duly authorised by the injured person or legal representatives of the deceased. |
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What is required if all legal representatives of the deceased do not join in the application? |
The application must be made on behalf of or for the benefit of all legal representatives, and those not joined must be impleaded as respondents. |
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Where can an application be filed under Section 166(2)? |
The claimant can choose to file the application either to the Claims Tribunal having jurisdiction over the area where the accident occurred, or where the claimant resides or carries on business, or where the defendant resides. |
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What form and particulars must an application contain? |
The application must be in the prescribed form and contain the particulars as may be prescribed by the rules. |
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What additional statement is required if no claim under Section 140 is made? |
The application must contain a separate statement to that effect immediately before the signature of the applicant. |
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How is a report of an accident under Section 158 treated by the Claims Tribunal? |
Any report of an accident forwarded under Section 158(6) is treated by the Claims Tribunal as an application for compensation under this Act. |
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What is the subject matter of Section 167 of the Motor Vehicle Act? |
Section 167 deals with the Option regarding claims for compensation in certain cases |
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What choice does Section 167 give to a claimant? |
The person entitled to compensation may choose to claim under either this Act or the Workmen’s Compensation Act, 1923, but not under both. |
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Why is Section 167 important? |
Section 167 prevents double claims for the same injury or death and ensures clarity in compensation claims. |
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What is the subject matter of Section 168 of the Motor Vehicle Act? |
Section 168 deals with the procedure for the award of the Claims Tribunal |
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What process must the Claims Tribunal follow under Section 168(1)? |
The Claims Tribunal must give notice to the insurer, provide all parties an opportunity to be heard, hold an inquiry, and determine the amount of compensation that is just. It must specify the persons to whom compensation is payable and the amounts to be paid by the insurer, owner, or driver. |
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How are claims under Section 140 treated in Section 168(1)? |
Claims under Section 140 related to death or permanent disablement are disposed of in accordance with the provisions of Chapter X along with any other related claims. |
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Within what time frame must the Claims Tribunal deliver copies of the award? |
The Claims Tribunal must deliver copies of the award to the concerned parties expeditiously and in any case within fifteen days from the date of the award. |
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What is the time limit for payment of the awarded amount under Section 168(3)? |
The person required to pay must deposit the entire awarded amount within thirty days of the date the award is announced, in the manner directed by the Claims Tribunal. |
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What is the subject matter of Section 169 of the Motor Vehicle Act? |
Section 169 deals with the procedure and powers of Claims Tribunals |
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What procedure can the Claims Tribunal follow under Section 169(1)? |
The Claims Tribunal may follow such summary procedure as it thinks fit, subject to any rules made in this regard. |
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What powers does the Claims Tribunal have under Section 169(2)? |
The Claims Tribunal has all the powers of a Civil Court for taking evidence on oath, enforcing attendance of witnesses, compelling discovery and production of documents and material objects, and for other purposes as prescribed. It is deemed a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. |
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Can the Claims Tribunal seek expert assistance under Section 169(3)? |
Yes, the Claims Tribunal may choose one or more persons with special knowledge relevant to the inquiry to assist in adjudicating any claim for compensation, subject to rules made in this regard. |
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What is the subject matter of Section 170 of the Motor Vehicle Act? |
Section 170 deals with the impleading of an insurer in certain cases |
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When can a Claims Tribunal implead an insurer under Section 170? |
The Claims Tribunal can implead an insurer if it is satisfied that there is collusion between the claimant and the person against whom the claim is made, or if the person against whom the claim is made has failed to contest the claim. |
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What rights does an insurer have once impleaded under Section 170? |
The insurer has the right to contest the claim on all or any grounds available to the person against whom the claim has been made, without prejudice to the provisions of Section 149(2). |
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What is the subject matter of Section 171? |
Section 171 deals with the award of interest where any Claim is allowed |
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How is interest awarded under Section 171? |
The Claims Tribunal may direct that in addition to the compensation, simple interest shall be paid at such rate and from such date (not earlier than the date of making the claim) as specified by the Tribunal. |
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What does section 172 deals with? |
Award of compensatory costs in certain cases |
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What does Section 172 provide regarding compensatory costs? |
Section 172 allows the Claims Tribunal to order payment of special costs where the insurance policy is void due to misrepresentation, or where a false or vexatious claim or defense has been made. |
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What is the maximum amount of special costs under Section 172(2)? |
No Claims Tribunal can award special costs exceeding one thousand rupees. |
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Does an order for special costs exempt a person from criminal liability? |
No, Section 172(3) states that no person or insurer is exempted from any criminal liability by reason of an order for special costs. |
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How are amounts awarded under Section 172 treated in subsequent claims? |
Any amount awarded as compensation under Section 172 shall be taken into account in any subsequent suit for damages in respect of the same misrepresentation, claim, or defense. |
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What is the subject matter of Section 173? |
Section 173 deals with the right of appeal |
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Who can appeal under Section 173(1) and within what time frame? |
Any person aggrieved by a Claims Tribunal award may appeal to the High Court within ninety days from the date of the award. |
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What is required for the High Court to entertain an appeal by the person required to pay compensation? |
The appellant must deposit twenty-five thousand rupees or fifty percent of the awarded amount, whichever is less, in the manner directed by the High Court. |
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Can the High Court entertain an appeal after the ninety-day period? |
Yes, if the appellant satisfies the High Court that they were prevented by sufficient cause from filing the appeal on time. |
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Is there a minimum amount in dispute required for an appeal under Section 173(2)? |
Yes, no appeal lies if the amount in dispute is less than ten thousand rupees. |
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What is the subject matter of Section 174 of the Motor Vehicle Act? |
Section 174 deals with the recovery of money from an insurer or person under an award as an arrear of land revenue. |
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How can an amount due under a Claims Tribunal award be recovered under Section 174? |
The Claims Tribunal may issue a certificate for the amount to the Collector on application by the person entitled, and the Collector shall recover it in the same manner as an arrear of land revenue. |
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What is the subject matter of Section 175? |
Section 175 bars the jurisdiction of Civil Courts in matters relating to compensation claims adjudicated by a Claims Tribunal. |
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What does Section 175 prohibit? |
No Civil Court can entertain any question relating to a claim for compensation within the jurisdiction of a Claims Tribunal, nor can it grant an injunction against any action taken or to be taken by the Tribunal. |
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What is the subject matter of Section 176? |
Section 176 empowers the State Government to make rules for carrying out the provisions of Sections 165 to 174. |
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What matters can the State Government provide rules for under Section 176? |
The rules may cover: (a) the form of applications for claims and fees; (b) procedure followed by the Claims Tribunal; (c) powers of a Civil Court exercisable by the Claims Tribunal; (d) form, manner, and fees for appeals against awards; and (e) any other prescribed matters. |
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CHAPTER-XIII |
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OFFENCES, PENALTIES AND PROCEDURE |
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What is the subject matter of Section 177 of the Motor Vehicle Act? |
Section 177 provides general provisions for punishment of offences under the Act or rules, regulations, or notifications made thereunder. |
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What is the penalty for a first offence under Section 177? |
For the first offence, a person shall be punishable with a fine which may extend to one hundred rupees. |
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What is the penalty for a second or subsequent offence under Section 177? |
For a second or subsequent offence, a person shall be punishable with a fine which may extend to three hundred rupees. |
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What is the subject matter of Section 178? |
Section 178 deals with penalties for travelling without a pass or ticket, dereliction of duty by a conductor, and refusal to ply a contract carriage. |
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What is the penalty for travelling in a stage carriage without a proper pass or ticket? |
The person shall be punishable with a fine which may extend to five hundred rupees. |
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What duties of a conductor or driver of a stage carriage are covered under Section 178(2)? |
Duties include supplying a ticket on payment of fare and checking passes or tickets. |
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What are the penalties for a conductor or driver failing in their duties under Section 178(2)? |
If the conductor or driver wilfully or negligently fails to accept fare, supply a valid ticket, or check tickets, he shall be punishable with a fine which may extend to five hundred rupees. |
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What is the penalty for refusing to ply a contract carriage under Section 178(3)? |
For two-wheeled or three-wheeled vehicles, the fine may extend to fifty rupees; for other vehicles, the fine may extend to two hundred rupees. |
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What is the subject matter of Section 179? |
Section 179 deals with disobedience of lawful orders, obstruction of authorities, and refusal or false supply of information under the Act. |
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What is the penalty for wilfully disobeying a lawful direction or obstructing an authority under Section 179(1)? |
The person shall be punishable with a fine which may extend to five hundred rupees. |
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What is the penalty for wilfully withholding or providing false information under Section 179(2)? |
The person shall be punishable with imprisonment up to one month, or with fine up to five hundred rupees, or with both. |
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What is the subject matter of Section 180? |
Section 180 deals with allowing unauthorised persons to drive motor vehicles. |
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What is the penalty for permitting an unauthorised person to drive under Section 180? |
The owner or person in charge shall be punishable with imprisonment up to three months, or with fine up to one thousand rupees, or with both. |
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What is the subject matter of Section 181? |
Section 181 deals with driving a motor vehicle in contravention of section 3 or section 4 of the Act. |
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What is the penalty for driving in contravention of Section 3 or Section 4 under Section 181? |
The person shall be punishable with imprisonment up to three months, or with fine up to five hundred rupees, or with both. |
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What des section 182 deals with? |
Offences relating to licences. |
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What offences relating to driving licences are covered under Section 182(1)? |
Driving while disqualified, obtaining a licence while disqualified, or obtaining a licence without disclosing prior endorsements. |
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What is the penalty for offences under Section 182(1)? |
Imprisonment up to three months, or fine up to five hundred rupees, or both; any licence obtained shall be of no effect. |
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What offences relating to conductor’s licences are covered under Section 182(2)? |
Acting as a conductor while disqualified, obtaining a conductor’s licence while disqualified, or obtaining one without disclosing previous endorsements. |
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What is the penalty under Section 182(2) for offences relating to conductor’s licences? |
Imprisonment up to one month, or fine up to one hundred rupees, or both; any conductor’s licence obtained shall be of no effect. |
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What is the subject matter of Section 182A? |
Section 182A provides punishment for offences relating to construction and maintenance of vehicles. |
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What is the penalty for contravening Section 109(3) under Section 182A? |
A fine of five thousand rupees for any subsequent offence. |
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What is the subject matter of Section 183? |
Section 183 deals with driving at excessive speed |
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What is the penalty for driving in contravention of speed limits under Section 183(1)? |
A fine up to four hundred rupees; if previously convicted under this sub-section, the fine may extend up to one thousand rupees. |
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What is the penalty for causing a person under your control to drive in contravention of speed limits under Section 183(2)? |
A fine up to three hundred rupees; if previously convicted under this sub-section, the fine may extend up to five hundred rupees. |
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Can a person be convicted solely based on the opinion of one witness that the vehicle was speeding under Section 183(3)? |
No, unless the opinion is based on an estimate obtained using some mechanical device. |
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What is the significance of publishing a timetable or giving a direction to complete a journey in a specified time under Section 183(4)? |
If it is not practicable to complete the journey within the specified time without violating speed limits, it is prima facie evidence that the person who published the timetable or gave the direction has committed an offence under Section 183(2). |
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What does Section 184 deal with? |
Section 184 deals with driving a motor vehicle dangerously |
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What is the penalty for the first offence under Section 184? |
Imprisonment up to six months or fine up to one thousand rupees. |
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What is the penalty for a second or subsequent offence under Section 184? |
Imprisonment up to two years, or fine up to two thousand rupees, or both, if committed within three years of the previous similar offence. |
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What does Section 185 deal with? |
Section 185 deals with driving while drunk or under the influence of drugs. |
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What is the blood alcohol limit for Section 185? |
Exceeding 30 mg per 100 ml of blood as detected by a breath analyser. |
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What is the penalty for the first offence under Section 185? |
Imprisonment up to six months, or fine up to two thousand rupees, or both. |
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What is the penalty for a second or subsequent offence under Section 185? |
Imprisonment up to two years, or fine up to three thousand rupees, or both, if committed within three years of the previous similar offence. |
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What does Section 186 deal with? |
Driving when mentally or physically unfit to drive due to a disease or disability. |
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What is the penalty under Section 186? |
First offence: fine up to two hundred rupees; second or subsequent offence: fine up to five hundred rupees. |
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What does Section 187 deal with? |
Punishment for offences relating to accidents, including failing to comply with Sections 132(c), 133, or 134. |
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What is the penalty under Section 187? |
First offence: imprisonment up to three months or fine up to five hundred rupees, or both; repeated offence: imprisonment up to six months or fine up to one thousand rupees, or both. |
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What does Section 188 deal with? |
Punishment for abetment of offences under Sections 184, 185, or 186. |
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What is the penalty under Section 188? |
The same punishment as the offence abetted. |
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What does Section 189 deal with? |
Racing and trials of speed without written consent of the State Government. |
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What is the penalty under Section 189? |
Imprisonment up to six months or fine up to five hundred rupees, or both. |
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What is Section 190 of the Motor Vehicles Act about? |
Section 190 deals with the use of vehicles in an unsafe condition |
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What is the penalty for driving a motor vehicle or trailer with a defect that could cause danger to persons or vehicles? |
If the vehicle has a defect known to the driver or discoverable by ordinary care, the driver shall be punishable with a fine up to 250 rupees. |
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What happens if such a defect causes an accident resulting in bodily injury or property damage? |
The driver may be punished with imprisonment up to three months, or a fine up to 1,000 rupees, or both. |
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What is the punishment for driving a vehicle that violates prescribed road safety, noise, or air-pollution standards? |
For the first offence, a fine of 1,000 rupees; for a second or subsequent offence, a fine of 2,000 rupees. |
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What are the penalties for driving a vehicle carrying dangerous or hazardous goods in contravention of the Act or rules? |
For the first offence, a fine up to 3,000 rupees or imprisonment up to one year, or both; for a second or subsequent offence, a fine up to 5,000 rupees or imprisonment up to three years, or both. |
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Does Section 190 apply to someone who merely allows another to drive a defective or unsafe vehicle? |
Yes, the section applies to any person who drives, causes, or allows the vehicle to be driven under unsafe conditions. |
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What is Section 191 of the Motor Vehicles Act about? |
Section 191 deals with the sale or alteration of vehicles in a condition that contravenes the Act |
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Who is liable under Section 191? |
Any importer or dealer of motor vehicles who sells, delivers, offers to sell or deliver, or alters a vehicle so that its use in a public place would contravene Chapter VII or rules thereunder. |
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What is the punishment for contravening Section 191? |
A fine which may extend to 500 rupees. |
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Can a person be exempted from punishment under Section 191? |
Yes, if the person proves that he had reasonable cause to believe the vehicle would not be used in a public place until it was put into a lawful condition. |
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What does Section 192 of the Motor Vehicles Act address? |
Section 192 deals with using or allowing a motor vehicle to be used without registration |
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What is the penalty for the first offence under Section 192? |
A fine which may extend to 5,000 rupees but shall not be less than 2,000 rupees. |
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What is the penalty for a second or subsequent offence under Section 192? |
Imprisonment up to one year, or a fine which may extend to 10,000 rupees but shall not be less than 5,000 rupees, or both. |
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Does Section 192 apply to emergency use of unregistered vehicles? |
No, it does not apply when the vehicle is used for emergency conveyance of sick or injured persons, transport of food or relief materials, or medical supplies, provided the Regional Transport Authority is informed within seven days. |
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Can a court modify the punishment under Section 192? |
Yes, the court may impose a lesser punishment for reasons to be recorded, and appellate courts may set aside or vary any order of the lower court. |
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Who else can be held liable under Section 192? |
Any person who drives or causes/permits another to drive a vehicle in contravention of registration requirements is liable. |
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What is Section 192A of the Motor Vehicles Act about? |
Section 192A deals with driving or allowing the use of a motor vehicle without a valid permit |
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Who is liable under Section 192A? |
Any person who drives a motor vehicle or causes/permits it to be used in contravention of Section 66(1) or the conditions of the permit regarding route, area, or purpose of use. |
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What is the penalty for the first offence under Section 192A? |
A fine which may extend to 5,000 rupees but shall not be less than 2,000 rupees. |
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What is the penalty for a subsequent offence under Section 192A? |
Imprisonment which may extend to one year but shall not be less than three months, or a fine which may extend to 10,000 rupees but shall not be less than 5,000 rupees, or both. |
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Can the court impose a lesser punishment under Section 192A? |
Yes, the court may impose a lesser punishment for reasons to be recorded. |
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Does Section 192A apply to emergency use of vehicles without a permit? |
No, it does not apply when the vehicle is used in emergencies for conveying sick or injured persons, transporting repair materials, food, relief materials, or medical supplies, provided the Regional Transport Authority is informed within seven days. |
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Can appellate courts modify orders under Section 192A? |
Yes, the court to which an appeal lies may set aside or vary any order of the lower court, even if no appeal lies against the conviction itself. |
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What does Section 193 of the Motor Vehicles Act deal with? |
Section 193 deals with punishment for agents or canvassers who act without proper authority |
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What is the penalty for the first offence under Section 193? |
Fine which may extend to one thousand rupees. |
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What is the penalty for second or subsequent offences under Section 193? |
Imprisonment which may extend to six months, or fine which may extend to two thousand rupees, or both. |
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What does Section 194 of the Motor Vehicles Act cover? |
Section 194 deals with driving a vehicle exceeding the permissible weight limits specified under Sections 113, 114, or 115. |
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What is the minimum fine for driving a vehicle exceeding permissible weight under Section 194(1)? |
Minimum fine of two thousand rupees plus an additional one thousand rupees per tonne of excess load, along with liability to pay charges for off-loading the excess load. |
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What is the penalty under Section 194(2) for refusing to stop for weighing or tampering with the load? |
Fine which may extend to three thousand rupees. |
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What is the purpose of Section 195? |
Section 195 prescribes minimum fines for repeat offenders committing similar offences within three years of a previous conviction. |
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What is the minimum fine imposed under Section 195(1) for repeat offences? |
One-fourth of the maximum fine for that offence, unless the court records reasons in writing for a lesser fine. |
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Does Section 195 restrict courts from imposing imprisonment? |
No, courts can still award imprisonment up to the maximum specified for the offence. |
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What does Section 196 of the Motor Vehicles Act regulate? |
Section 196 deals with driving an uninsured vehicle or allowing a vehicle to be driven without insurance as required under Section 146. |
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What is the penalty for driving an uninsured vehicle under Section 196? |
Imprisonment which may extend to three months, or fine which may extend to one thousand rupees, or both. |
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What is the subject matter of Section 197 of the Motor Vehicles Act? |
Section 197 deals with taking or driving a motor vehicle without authority, including unlawful seizure or control of a vehicle. |
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What is the punishment for taking and driving a vehicle without the owner’s consent under Section 197(1)? |
Imprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both. |
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Is there any exception under Section 197(1) for taking a vehicle without consent? |
Yes, no conviction if the person acted in reasonable belief that he had lawful authority or that the owner would have given consent if asked. |
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What does Section 197(2) cover? |
It covers unlawfully seizing or exercising control of a motor vehicle by force, threat, or intimidation. |
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What is the penalty for unlawfully seizing or exercising control of a vehicle under Section 197(2)? |
Imprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both. |
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Does Section 197 cover attempts or abetment? |
Yes, attempts to commit acts under sub-sections (1) or (2), or abetment of such acts, are also deemed offences under Section 197. |
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What is the subject matter of Section 198 of the Motor Vehicles Act? |
Section 198 deals with unauthorised interference with a motor vehicle |
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What is the punishment under Section 198 for unauthorised interference with a vehicle? |
Fine which may extend to one hundred rupees. |
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What does Section 199 address? |
Section 199 addresses offences committed by companies |
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Who is liable under Section 199(1) when a company commits an offence? |
Every person in charge of, and responsible to, the company for the conduct of its business at the time of the offence, as well as the company itself. |
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Is there a defense available under Section 199(1) for persons in charge of a company? |
Yes, if the person proves that the offence was committed without their knowledge or that they exercised all due diligence to prevent the offence. |
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Who else can be held liable under Section 199(2)? |
Any director, manager, secretary, or other officer of the company if the offence was committed with their consent, connivance, or due to their neglect. |
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How is “company” defined under Section 199? |
“Company” means any body corporate and includes a firm or other association of individuals. |
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How is “director” defined in relation to a firm under Section 199? |
A partner in the firm. |
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What is the subject matter of Section 200? |
Section 200 deals with the composition of certain offences |
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Which offences can be compounded under Section 200(1)? |
Offences under sections 177, 178, 179, 180, 181, 182, 183(1) & (2), 184, 186, 189, 190(2), 191, 192, 194, 196, or 198. |
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What happens when an offence is compounded under Section 200(2)? |
The offender, if in custody, shall be discharged and no further proceedings shall be taken against them for that offence. |
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What is Section 201 about? |
Section 201 deals with the penalty for causing obstruction to the free flow of traffic by keeping a disabled vehicle in a public place. |
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What is the penalty under Section 201(1) for obstructing traffic? |
Up to fifty rupees per hour for as long as the vehicle remains in that position. |
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From when does the penalty under Section 201 apply to vehicles involved in accidents? |
From the time of completion of inspection formalities under the law. |
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Who recovers penalties or towing charges under Section 201(2)? |
Such officer or authority as the State Government may authorise by notification in the Official Gazette. |
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What is the subject matter of Section 202 of the Motor Vehicles Act? |
Section 202 deals with the power to arrest without warrant |
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Under which sections can a police officer arrest without warrant in the presence of an offence? |
Sections 184 (Driving dangerously), 185 (Driving under influence of alcohol or drugs), and 197 (Taking vehicle without authority). |
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What is the specific procedure for an arrest under Section 185? |
Any person arrested for an offence under Section 185 must be subjected to a medical examination by a registered medical practitioner within two hours of arrest; failing which, the person shall be released. |
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Can a police officer arrest someone without a warrant if they refuse to give their name and address? |
Yes, under Section 202(2), a police officer in uniform may arrest without warrant any person who refuses to give their name and address. |
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What is the duty of the police officer regarding the vehicle when arresting the driver without a warrant? |
The officer shall, if circumstances require, take or cause to be taken any steps deemed proper for the temporary disposal of the vehicle. |
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What is the subject matter of Section 203 of the Motor Vehicles Act? |
Section 203 deals with breath tests |
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Who is authorised to require a breath specimen for testing under Section 203(1)? |
A police officer in uniform or an officer of the Motor Vehicles Department authorised by the Department. |
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Under what circumstances can a breath test be required? |
When the officer has reasonable cause to suspect that the driver has committed an offence under Section 185 (driving under the influence of alcohol or drugs). |
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Where can a breath test be conducted if a vehicle is involved in an accident? |
(a) For an indoor patient at the hospital, at the hospital; (b) For others, at or near the place or at a police station specified by the officer. |
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Can a breath test be conducted on an indoor patient without notifying the doctor? |
No, the registered medical practitioner in immediate charge must be notified or must not object on the grounds that it would interfere with proper care or treatment. |
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What action can a police officer take if the breath test indicates alcohol in the blood? |
The officer may arrest the person without warrant, except while the person is an indoor patient at a hospital. |
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What happens if a person refuses to provide a breath specimen? |
The police officer may arrest the person without warrant, except if the person is an indoor patient at a hospital, provided the officer has reasonable cause to suspect alcohol in the blood. |
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Can a person provide a breath specimen after being arrested? |
Yes, the arrested person shall be given an opportunity to provide a specimen at the police station. |
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Are the results of a breath test admissible in evidence? |
Yes, results of a breath test conducted under Section 203 are admissible in evidence. |
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What is meant by “breath test” under Section 203? |
A test to indicate the presence of alcohol in a person’s blood, carried out on one or more specimens of breath using a device approved by the Central Government. |
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What is the subject matter of Section 204 of the Motor Vehicles Act? |
Section 204 deals with laboratory |
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When can a person be required to provide a blood specimen at a police station? |
(a) If the breath test device indicates presence of alcohol, or (b) if the person refused, omitted, or failed to provide a breath specimen when given the opportunity. |
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What special provision is made when the person providing the specimen is female and the medical practitioner is male? |
The specimen shall be taken only in the presence of a female, whether a medical practitioner or not. |
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Can a person provide a blood specimen while at a hospital? |
Yes, if the breath test indicates alcohol or if the person refused, omitted, or failed to provide a breath specimen and the officer has reasonable cause to suspect alcohol in the blood. |
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When is a person at a hospital exempted from providing a blood specimen? |
If the registered medical practitioner in immediate charge of the patient’s care is not first notified or objects on the grounds that it would be prejudicial to proper care or treatment. |
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Are the results of a laboratory test admissible in court? |
Yes, results of a laboratory test conducted under Section 204 are admissible in evidence. |
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What is the meaning of “laboratory test” under Section 204? |
Analysis of a blood specimen conducted at a laboratory established, maintained, or recognised by the Central Government or a State Government. |
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What is the subject matter of Section 205 of the Motor Vehicles Act? |
Section 205 deals with the presumption of unfitness to drive |
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When does the presumption under Section 205 arise? |
The presumption arises if the accused, when requested by a police officer, refused, omitted, or failed to provide a specimen of breath for a breath test or a specimen of blood for a laboratory test. |
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What is the effect of such refusal, omission, or failure? |
It may be presumed to support evidence given by the prosecution or to rebut evidence given by the defence regarding the accused's condition at the relevant time. |
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Can the accused avoid the presumption under Section 205? |
Yes, if the accused can show a reasonable cause for the refusal, omission, or failure to provide the specimen. |
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In which type of proceedings is Section 205 applicable? |
It is applicable in proceedings for an offence punishable under Section 185 (driving under the influence of alcohol or drugs). |
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What is the subject matter of Section 206 of the Motor Vehicles Act? |
Section 206 deals with the power of police officers or authorised persons to impound documents |
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Under what circumstances can a police officer impound a document under Section 206(1)? |
A police officer may impound a document if he has reason to believe that any identification mark or any licence, permit, registration certificate, insurance certificate, or other document is false within the meaning of Section 464 of the Indian Penal Code. |
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What can a police officer do if he believes a driver may abscond after being charged with an offence? |
Under Section 206(2), the officer may seize the driver’s licence and forward it to the Court taking cognizance of the offence, which will return the licence upon the driver’s first appearance in exchange for a temporary acknowledgment. |
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What is the purpose of the temporary acknowledgment under Section 206(3)? |
The temporary acknowledgment authorises the holder to drive until the licence is returned or until a specified date mentioned in the acknowledgment, whichever is earlier. |
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Can the validity of the temporary acknowledgment be extended? |
Yes, if the holder cannot receive the licence back before the specified date due to reasons beyond his control, a magistrate, police officer, or authorised person may extend the period of authorisation to a later date specified in the acknowledgment. |
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What is the subject matter of Section 207 of the Motor Vehicles Act? |
Section 207 deals with the power of police officers or authorised persons to detain or seize vehicles that are being used without a valid certificate of registration, permit, or in contravention of permit conditions. |
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Under what circumstances can a police officer detain a vehicle under Section 207(1)? |
A police officer may detain a vehicle if it is used in contravention of section 3, section 4, section 39, or without the permit required by sub-section (1) of section 66, or if it is used in violation of any permit condition related to route, area, or purpose of use. |
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Can a police officer seize something other than the vehicle? |
Yes, instead of seizing the vehicle, the officer may seize the certificate of registration of the vehicle and issue an acknowledgment in respect thereof. |
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What is the procedure for the release of a vehicle detained under Section 207? |
The owner or person in charge may apply to the transport authority or an authorised officer with the relevant documents. The authority or officer may, after verifying the documents, release the vehicle subject to such conditions as deemed fit. |
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What is the purpose of the conditions imposed while releasing a detained vehicle? |
The conditions ensure that the vehicle will be used in compliance with the Act and permit requirements, preventing future contraventions. |
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What is the subject matter of Section 208 of the Motor Vehicles Act? |
Section 208 deals with the summary disposal of cases |
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When may a court state in the summons that an accused can plead guilty? |
The court may state in the summons that the accused can plead guilty and remit the fine if the offence is punishable with imprisonment or, in any other case, it shall state this as per the provisions of sub-section (1)(ii). |
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How can an accused person plead guilty under Section 208(1)? |
An accused may either appear in person or by a pleader, or may, before the hearing, plead guilty and remit to the Court, by money order, the sum specified not exceeding the maximum fine for the offence. |
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What additional requirement applies for offences specified by the Central Government under sub-section (2)? |
For such offences, if the accused pleads guilty and forwards his driving licence along with the plea letter, the Court shall make an endorsement of the conviction on the driving licence. |
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What is the effect of a guilty plea and payment under Section 208(3)? |
Once the accused pleads guilty, remits the specified sum, and complies with the provisions, no further proceedings shall be taken against him, and he shall not be disqualified from holding or obtaining a driving licence by reason of his guilty plea. |
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What is the subject matter of Section 209 of the Motor Vehicles Act? |
Section 209 deals with the restriction on conviction |
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Under Section 209, when can a person be convicted for an offence under sections 183 or 184? |
A person can be convicted only if: (a) he was warned at the time of the offence that prosecution would be considered, or (b) a notice specifying the offence, time, and place was served within 14 days of the offence, or (c) a summons was served within 28 days of the offence. |
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What are the exceptions to the notice and summons requirements under Section 209? |
Conviction may proceed even without serving notice or summons if (a) the accused’s or registered owner’s name and address could not reasonably have been ascertained, or (b) the failure to serve was caused by the conduct of the accused. |
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What is the subject matter of Section 210 of the Motor Vehicles Act? |
Section 210 deals with the obligation of courts to send intimation |
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Which authorities are required to receive intimation under Section 210? |
Intimation must be sent to: (a) the licensing authority which issued the driving licence, and (b) the licensing authority which last renewed the licence. |
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What details must the court include in the intimation under Section 210? |
The intimation must include the name and address of the licence holder, licence number, date of issue and renewal, nature of the offence, punishment awarded, and other particulars as may be prescribed. |
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CHAPTER-XIV |
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MISCELLANEOUS |
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What is the subject matter of Section 211 of the Motor Vehicles Act? |
Section 211 provides for the power of the Central Government or the State Government to levy fees under the Act. |
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Which authorities are empowered to levy fees under Section 211? |
The Central Government and the State Government are empowered to levy fees under Section 211. |
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Under what instrument can fees be levied according to Section 211? |
Fees can be levied through rules made under the Motor Vehicles Act. |
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Is an express provision in the Act mandatory for levying fees under Section 211? |
No, fees may be levied even in the absence of any express provision authorising such levy. |
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For which matters can fees be levied under Section 211? |
Fees may be levied in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics, copies of documents or orders. |
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Can fees be levied for services rendered under the Motor Vehicles Act? |
Yes, fees may be levied for any purpose or matter involving the rendering of any service by officers or authorities under the Act or the rules made thereunder. |
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Does Section 211 allow levy of fees for purposes other than those specifically listed? |
Yes, fees may be levied for any other purpose or matter involving the rendering of services under the Act. |
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Does Section 211 provide any exemption from payment of fees? |
Yes, the Government may exempt any class of persons from payment of such fees. |
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On what grounds can exemption from fees be granted under Section 211? |
Exemption may be granted if the Government considers it necessary in the public interest. |
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In what manner can exemption from fees be granted under Section 211? |
Exemption may be granted by a general or special order. |
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Can exemption under Section 211 be partial or complete? |
Yes, exemption may be granted either in part or in full. |
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What is the subject matter of Section 212 of the Motor Vehicles Act? |
Section 212 deals with the publication, commencement, and laying of rules and notifications made under the Act. |
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What is the condition for making rules under Section 212? |
Rules under this Act must be made after previous publication. |
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When do rules made under this Act come into force? |
All rules made under this Act shall be published in the Official Gazette and shall come into force on the date of such publication, unless a later date is appointed. |
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What is the procedure for rules made by a State Government? |
Every rule made by a State Government shall be laid, as soon as may be, before the State Legislature. |
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What is the procedure for rules, schemes, or notifications made by the Central Government? |
Every rule made by the Central Government under this Act, every scheme made under sections 75(1) and 163(1), and notifications issued under certain sections (41(4), 58(1), 59(1), 112 proviso, 163A(4), 213(4)) must be laid before both Houses of Parliament while in session for a total period of 30 days, which may be in one or more successive sessions. |
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What happens if both Houses of Parliament modify or annul a rule, scheme, or notification? |
If both Houses agree to modify or annul, the rule, scheme, or notification shall have effect only in the modified form or be of no effect, but any action done under the previous version remains valid. |
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What is the subject matter of Section 213 of the Motor Vehicles Act? |
Section 213 deals with the appointment of Motor Vehicles Officers |
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Who may establish the Motor Vehicles Department and appoint officers under Section 213? |
The State Government may establish a Motor Vehicles Department and appoint such officers as it thinks fit for carrying out the provisions of this Act. |
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Are officers of the Motor Vehicles Department considered public servants? |
Yes, every officer appointed under Section 213(2) shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860. |
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What powers does the State Government have regarding regulation of Motor Vehicles officers? |
The State Government may make rules to regulate the discharge of duties by officers, including prescribing their uniform, the authorities to which they are subordinate, the powers they may exercise, and conditions governing the exercise of such powers. |
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Can the Central Government prescribe qualifications for Motor Vehicles officers? |
Yes, the Central Government may, by notification in the Official Gazette, prescribe minimum qualifications for officers or any class thereof. |
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What powers may be conferred on officers of the Motor Vehicles Department under Section 213(5)? |
Officers may: (a) make examinations and inquiries to ensure compliance with the Act, (b) enter, inspect, and search premises of suspected offenders or vehicles, (c) examine persons and require production of registers/documents, (d) seize or take copies of documents relevant to offences, (e) launch prosecutions and take bonds to ensure offender attendance, (f) exercise other prescribed powers, while no one can be compelled to incriminate themselves. |
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What are the conditions for conducting searches without a warrant under Section 213(5)(b)? |
(i) Searches without a warrant must be by a gazetted officer, (ii) offences punishable with fine only cannot be searched after sunset or before sunrise, (iii) the gazetted officer must record reasons for not obtaining a warrant and report to their superior. |
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How does Section 213 relate to the Code of Criminal Procedure, 1973? |
The provisions of the Code of Criminal Procedure, 1973, apply to searches and seizures under this section as they apply to searches and seizures under a warrant issued under section 94 of that Code. |
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What is the subject matter of Section 214 of the Motor Vehicles Act? |
Section 214 deals with the effect of appeals and revisions on orders passed by the original authority. |
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Does an appeal or revision automatically stay the order passed by the original authority under Section 214? |
No, an appeal or revision does not operate as a stay of the order passed by the original authority unless the prescribed appellate or revisional authority directs otherwise. |
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Can a permit continue to be valid during an appeal or revision under Section 214? |
Yes, if a renewal of permit is rejected and an appeal or revision is filed, the appellate or revisional authority may direct that the permit remain valid until disposal of the appeal or revision. |
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When can an order by a competent authority be reversed or altered on appeal or revision under Section 214? |
An order can be reversed or altered only if an error, omission, or irregularity in proceedings has actually occasioned a failure of justice, as determined by the appellate or revisional authority. |
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What is the subject matter of Section 215 of the Motor Vehicles Act? |
Section 215 deals with the constitution of Safety Councils and Committees |
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Who can constitute the National Road Safety Council and who decides its composition? |
The Central Government may constitute the National Road Safety Council by notification in the Official Gazette, consisting of a chairman and such other members as it considers necessary, on terms and conditions determined by the Government. |
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Who can constitute State and District Road Safety Councils/Committees? |
The State Government may constitute a State Road Safety Council and District Road Safety Committees for each district by notification in the Official Gazette, specifying the Chairman, members, and terms and conditions. |
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What functions do the Road Safety Councils and Committees perform? |
The Councils and Committees discharge functions relating to road safety programs as specified by the Central or State Government, having regard to the objects of the Act. |
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What is the subject matter of Section 216 of the Motor Vehicles Act? |
Section 216 deals with the power of the Central Government to remove difficulties in giving effect to the provisions of the Act. |
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What powers does the Central Government have under Section 216? |
The Central Government may, by order published in the Official Gazette, make provisions not inconsistent with the Act as necessary or expedient to remove difficulties in implementing the Act. |
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Is there a time limit for the Central Government to issue orders under Section 216? |
Yes, no order shall be made under this section after the expiry of three years from the date of commencement of the Act. |
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What procedure is required after an order is made under Section 216? |
Every order made under this section must, as soon as may be after it is made, be laid before each House of Parliament. |
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What is the subject matter of Section 217 of the Motor Vehicles Act? |
Section 217 deals with the repeal of the Motor Vehicles Act, 1939 and corresponding State enactments, and provides savings to ensure continuity of actions, documents, and rights under the repealed enactments. |
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What happens to laws corresponding to the Motor Vehicles Act, 1939, after the commencement of this Act? |
They are repealed, but certain actions, notifications, rules, appointments, exemptions, penalties, and other acts under those repealed enactments continue under the corresponding provisions of this Act, unless inconsistent. |
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Do certificates of fitness, registration, licences, or permits issued under the repealed enactments remain valid? |
Yes, they continue to have effect under the same conditions and for the same period as if the new Act had not been passed. |
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How are references to repealed enactments interpreted after the commencement of this Act? |
Any document referring to the repealed enactments or provisions thereof shall be construed as referring to this Act or the corresponding provisions of this Act. |
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What happens to the assignment and display of distinguishing marks under the repealed enactments? |
They continue to remain in force after the commencement of this Act until a notification under sub-section (6) of section 41 of this Act is issued. |
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What is the treatment of pending schemes and permits under the repealed Act? |
a) Schemes under section 68C of the 1939 Act pending before commencement shall be disposed of under section 100 of this Act. b) Permits issued under section 68F(1A) of the 1939 Act continue until the approved scheme under Chapter VI of this Act is published. |
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How can penalties under the repealed enactments be recovered? |
Any penalty payable under the repealed enactments may be recovered in the manner provided by or under this Act, without prejudice to any recovery action already taken under the repealed enactments. |
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Does the mention of particular matters in Section 217 affect the general application of repeals under the General Clauses Act, 1897? |
No, it does not prejudice or affect the general application of section 6 of the General Clauses Act, 1897 regarding the effect of repeals. |
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What is the subject matter of Section 217A of the Motor Vehicles Act? |
Section 217A provides for renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. |
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What is the effect of the non obstante clause in Section 217A? |
Notwithstanding the repeal under sub-section (1) of section 217, certificates, registrations, licences or permits issued under the repealed enactments may be renewed under this Act. |
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Which documents issued under the Motor Vehicles Act, 1939 are covered under Section 217A? |
Certificate of fitness, certificate of registration, licence or permit issued or granted under the repealed enactments. |
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Under which Act can such certificates, licences or permits be renewed? |
They may be renewed under the Motor Vehicles Act, 1988. |
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Does repeal of the 1939 Act invalidate previously issued licences or permits? |
No, such certificates, licences or permits may still be renewed under the present Act. |