[192. Using vehicle without registration.--(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both:
Provided that the court may, for reasons to be recorded, impose a lesser punishment.
(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose:
Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.
(3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.
[Explanation.--Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).]
STATE AMENDMENT
Rajasthan
Amendment of Section 192, Central Act 59 of 1988.In Section 192 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), in its application to the State of Rajasthan, hereinafter referred to as the Principal Act,-
(a) in sub-section (1), for the expression with fine which may extend to two thousand rupees as occurring between the expression punishable for the first offence and the expression and for any second or subsequent offence, the expression with fine which shall not be less than five thousand rupees and for the expression with fine which may extend to three thousand rupees as occurring between the expression which may extend to six months or and the expression or with both, the expression with fine which shall not be less than ten thousand rupees shall be substituted, and
(b) After sub-section (1) as so amended, the following proviso shall be inserted, namely:-
Provided that, in a case of contravention of the provision of section 39 or of any condition of the permit relating to the maximum number of passengers or maximum weight of luggage that may be carried on the vehicle, the court may for any adequate or special reason to be mentioned in the judgment, impose a fine less than that laid down in this subsection.
[Vide Rajasthan Act 2 of 1993, s. 2.]