REGISTERED No. DL-33004/94 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 7I] NEW DELHI, MONDAY, SEPTEMBER 12,1994/BHADRA 21,1916 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 12th September, 1994/Bhadra 21, 1916 (Saka) The following Act of Parliament received the assent of the President on the 10th September, 1994, and is hereby published for general information:— THE MOTOR VEHICLES (AMENDMENT) ACT, 1994 No. 54 OF 1994 [10th September, 1994.] An Act further to amend the Motor Vehicles Act, 1988. BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows: —
1. (1) This Act may be called the Motor Vehicles (Amendment) Act,
1994.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Short title and commencement. 59 of 1988. 2. In section 2 of the Motor Vehicles Act, 1983 (hereinafter referred to as the principal Act),—
(i) in clause (8), sub-clause (a) shall be omitted;
(ii) in clause (21), for the figure "6000", the figure "7500" shall be substituted; Amend, ment of section 2. 2 1HK GAZETTE OF INDIA EXTRAORDINARY [PiUiT U—
(iii) after clause (21), the following clause shall be inserted, namely:— J ' (21A) "manufacturer" means a person. wh0 is engaged in the manufacture of motor vehicles;';
(iv) in clause (28), for the words "thirty-five cubic centimetres" occurring at the end, the words "twenty-five cubic centimetres'1 ahall be substituted;
(v) for clause (^9), the following clause shall be substituted, namely: — '(39) "semi-trailer" means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super-imposed on, and a part of whose weight is borne by, that motor vehicle;';
(vi) in clauso (42), after sub-clause (Hi), the following subclause shall be inserted, namely: — "(iu) Zilla Parishad or any other similar local authority.". Amendment of section 3.
3. In section 3 of th = TV:TIC'DI1 Act, in sub-section (I), for the words "a motor cab", the words "a motor cab or motor cycle" shall be substituted. Amendment of section 4.
4. In section 4 of the i ^nc'pa1 Acl\ in sub-section (1), in the proviso, for the words "a motor cycle without gear", the words "a motor cycle with engine capacity not, exceeding 50cc" shall be substituted. Amendment of stetion 7.
5. In section 7 of the principal Act, for sub-section (1), the following eub-section shall be substituted, namely: — "(1) No person shall be granted a learner's licence to drive a .transport vehicle unless he has heM a drfving licencp to drive a light motor vehicle for at least one year.". Amendment oj' section 8.
6. In section 8 of the principal Act, after sub-section (3), the following proviso shall be added, namely: r— "Provided that no sueh medical certificate is required far liflflflce to drive a vehicle #ther tha» a *ransp«rt vehicle.". Amendment of section 9,
7. IM section 9 of the principal Act,---
(a) for sub-section (3), the following shall be substituted, namely:— "(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence:
Provided that no such f^st ph ill he necessary where the applicant produces proof to show that—
(a) ({) the applicant has previously held a driving licence to drive such class of vehicle and that the period between (he date of expiry of that licence and the date of the application does not exceed five years, or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (H) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or
(in) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that ihe applicant complies with the provisions of sub-section (3) of section 8,
(b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger <o the public; and ihe licensing authority may. for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:
Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing autloi iy may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving certificate issued by any institution recognised in this behalf by the State Government.";
(b) for sub-section (5), the following sub-section shall be substituted, namely: — "(5) Where the r.pplicnnt cfois tint piss the test; he may be permitted to re-appear for the test after a period of seven days:
Provided that whore the applicant does not pass the test even after three appearances, he sha'l not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.".
8. In section 10 of the principal Act, in sub-section (2), for clauses
(e) to (h) , the following clause shall be substituted, namely:— "(e) transport vehicle;". Amendment of section
10.
9. In section 14 of principal Act, in sub-section (2),—
(i) in sub-clause (a), the word "and" shall be omitted, and after clause (a) as so amended, the following proviso shall be inserted, namely: — "Provided that in the case of licence to drive a transport vehi' cle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and"; (i!) in clause (b),—
(a) in sub-clause (i), for the words "forty years", at the two places where they occur, the words ''fifty years" shall be substituted; Amendment of section
14. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) for sub-clause (H), the following clause shall be substituted, namely: — "(H) if the person referred to in sub-clause (i), has attained the age of filty years «n the date of issue or as the case may be. lenewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue- or renewal;". Amend, merit of section 26.
10. In section 2G of the principal Ad, in sub-section (2), for the words '"printed copy", the words ''printed copy oi copy in such ot> er Iform as the Central Government may require1' shall be substituted. Amendment of soctlon 41.
11. In section 41 of the principal Act, in sub-section (14), for the words "original registering authority", ihe words 'last registering authority" shall be substituted. Amendment of section 43.
12. In section 43 of the principal Act,—
(a) in (he proviso to sub-section (2), for the words "with a body", the words "with a body or any unforeseen circumstances beyond the control of the owner" shall be substituted;
(b) after sub-Section (2), the following sub-section shall be inserted, namely: — "(3) In a case where tho moior vehicle is held under hirepurchase agreement, lease or hypothecation, the registering autho" rity or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.". Amende ment of section 48.
13. In section 48 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely: — "(6) The owner of the vehicle shall also inform at the earliest, In writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection ceriifLcation, registration, transfer of ownership or issue or duplicate registration certificate.". Amendment of section 51 i
14. In section 51 of the principal Act,—
(a) in sub-section (2) ,—
(i) for the words "original registering authority", the words "last registering authority" shall be substituted; (H) the following shall be added at the end, namely: — "and an intimation in this regard shall be sent to the original registering authority if the last registering authority is not the original registering authority"; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(b) in sub-section (3),—
(i) for the words "original registering authority", the words •'last registering1 authoiity" shall be substituted; (H) the following shall be added at the end, namely: — "and an intimation in this behalf shall be sent to ihe original registering authority if the last registering authority is not the original registering authority";
(c) in sub-section (5), after the words "taken possession of the vehicle", the words "from ihe registered owner" shall be inserted;
(d) in sub-seciion (G). for the words and figures "under section 47, make an application", the words and figures "under section 47, or removal of the vehicle to another Slate, or at the lime of conversion of the vehicle from one class to another, or Tor issue of no objection certificate under section 48, 01 for ch;mge of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application'' shall be substituted;
(e) in subsection (10), after (he word "comraunicate"J the words "by registered post acknowledgment due" shall be inserted;
(f) for sub-section (11), the following sub-sections shall be substituted, namely:— "(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificnte of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction,
(12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section
(3) or issuing the fresh certificate of registration under subsection
(5) shall communicate the sJirie to the original registering authority.".
15. In section 52 of the principal Act,—
(i) in stib-section (/) , after the proviso, (he following proviso shall be jnserted, namely:— "Provided further that modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, compressed natural gas, solar power or any other fuel or source of energy other than liquid petroleum gas shall be treated as an alteration but that shall be subject to £uch conditions as may be prescribed."; Amendment of section 52. 6 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—
(ii) after sub-section (5), the following sub-section and Explanation shall be Inserted, namely: — '(6) No person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle for which approval of the registering authority is required under sub-section {1), except with the written consent of the registered owner.
Explanation.—For the purposes of this section, "alteration" means a change in the stiucture of a vehicle which results in change in its basic feature.'. Amendment of •eclion J6.
16. In section 56 of the principal Act, after sub-section (4), the following proviso shall be inserted, namely:— "Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the pi escribed authority does not hold such technical qualification on the basis of the report of an otacer having such qualifications.". Amendment of •ection 57.
17. In section 57 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— " (1) Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.". Amendment of section 58.
18. In section 56 of the principal Act, in. sub-section (1), for the words "maximum safe laden weight", the words "maximum gross vehicle weight" shall be substituted. Amendment of section
63.
19. In section 63 of the principal Act, in sub-section (2), after the words "shall supply to the Central Government", the words "if so desired by it" shall be inserted. Amendment of scetion
66.
20. In section 66 of the principal Act,—
(i) in sub-section (2), the following proviso shall be added, namely: ~ "Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor."; (H) in sub-section (3), for clause (/), the following clause shall be substituted, namely: — "(1) to any motor vehicle which is operated by electric bettery, compressed natural gas or solar energy.". Amendment of vcction 67.
21. In section 67 of the principal Act, in sub-section (1), after clause
(i), the following proviso shall be inserted, namely: — "Provided that the fares and freights in respect of such stage carriages, contract carriages and goods carriages operated by battery, compressed natural gas or solar energy shall be fixed by the owner or operator;". Sric. 1] THE GAZETTE OF INDIA EXTRAORDINARY
22. In section 68 of the principal Act, in sub-section (3), after clause
(c), the following clause shall be inserted, namely: — " (ca) Government to formulate routes for plying stage carriages;". Amendment ot sodion 68.
23. In section 71 of th e principal Act,—
(a) the proviso to sub-section (1) shall be omitted;
(b) in sub-section (3), in the proviso to clause (d),—
(i) in clause (H), the word "or", occurring at the end, shall be omitted; (H) in clause (in), the word "or" shall be inserted at the end, and after clause (Hi) as so amended, <he following clause shall be inserted, namely: — "(iv) lany other class or category of persons, as the State Government may, for reasons to be recorded in writing, con. sider necessary.";
(c) sub-sections (4) and (5) shall be omitted. Amendment of Mtftion 71,
24. In section 75 of the principal Act, in sub-section (1), for the words "motor cabs to persons desiring to drive the cabs", the words "motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles" shall be substituted. Amendment of section 73.
25. In section 80 of the principal Act, for the words "Regional Transport Authority", wherever they occur, the words "Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-seciion (!) of section 66" shall be substituted. Amendment of section 80.
26. In section 81 of the principal Act; in sub-section (1), for the words "without renewal", the words "from the date of issuance or renewal thereof" shall be substituted. Amend, ment of section 81.
27. In section 88 of the principal Act,—
(c) in sub-section (8), for the words "grant a special permit in relation to a vehicle covered", the words "grant a, special permit to any public service vehicle including any vehicle covered" shall be substituted;
(b) in sub-section (9), for the word and figures "a»d 80", the words, brackets, letter and figures "clause (d) of suVseeiion (1) <sf section 87 and section 8&" shall be substituted;
(c) sub-section (70) shall be omitted;
(d) in sub-section (12), for the word and figures "and 89", the words, brackets, letter and figures "clause (d) of sub-section (1) of section 87 and section 89" shall be substituted;
(e) sub-section (13) shall be omitted. Amendment of soctlon 88.
28. In section 89 of th e principal Act, for sub-section (2), the following sub-section shall be substituted, namely: — "(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a District Amendment of section 91. 8 THE GAZETTE OF INDJA EXTRAORDINARY [PART II— Judge or who is qualified to be a Judge of th? High Court audit shall exercise jurisdiction within such area as may be notified by that Government.". Amendment of soction 91.
29. In section 91 of 'he principal Act, foi sub-section (1), the following sub-section shall be substituted, namely: — "(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961.". 27 of 1961. Amendment of section 99.
30. Section 99 of (he principal Act shall be re-numbered as sub-section (!) thereof and after sub-section (!) as so re-numbered, the following sub-seciion shall be inserted, namely: — "(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under thai sub-section, then from the date of publication Of such proposal, no permit shall be granted to any person, excepi a temporary permit during ihe pendency of the proposal and such temporary permit shall be valid only for a period of one year from the dale of its issue or till (he dale of final publication of the scheme under section 109, whichever is earlier.". Amendment of section
109.
31. In section 109 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: — "(3) If the Central Government is of the opinion that it Is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that) any article or process used by a manufacturer shall conform to such standard ag may be specified in that order.". Amendment of section
110.
32. In section 110 of th e principal A"t,—
(a) in sub-section (1),-
(i) for clause (b), the following clause shall be substituted, namely: — "(b) the size, nature, maximu retail price and condition of tyres, including embossing thereon of date and year of manufacture, and the maximum load carrying capacity;"; (H) after clause (m), the following clauses shall be inserted, najnely: — "(n) installation of catalytic convenors in the class of vehicles to be prescribed;
(o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles;
(p) warranty after sale of vehicle and norms therefor.". Amend, ment of section
111.
33. In section 111 of the principal Act, in sub-section (2), —
(a) in clause (d), after the words "by prescribed authorities", the words "and fees to be charged for such test" shall be inserted;
(b) clause (g) .sjjall be omitted. Amendment of section
113.
34. In section 113 of the principal Act, in sub-section (1), for the words "heavy goods vehicles or heavy passenger motor vehicles", the words "transport vehicles" shall be substituted. SEC. I) THE GAZETTE OF INDIA EXTRAORDINARY 9 3f In flection 114 of the principal Act, in sub-section (1), for the wordu totgfaafoz with "*wy P«wn authc-rjs^d" and ending with the wordf and figure "contravention of section 113", the words and figures "any officer of the Motor Vehicles Department authorised in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113" shall be substituted. Amendment of section
114.
36. In section 116 of the principal Act, in sub-section (7), for the words "the Schedule", at both the places where they occur, the words "the First Schedule" shall be substituted. Amend, meat of section
116.
37. In section 127 of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted, namely: — " (1) Where any motor vehicle is abandoned or left unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction ";
(b) in sub-section (2), for the word "highway", at both the places wheie it occurs, the words "public place" shall be substituted Amendment of section
127.
38. In section 129 of the principal Act, for the words "a protective headgear of such descriptions as may be specified by the State Government by rules made by it in this behalf, and different descriptions of headgears may be specified In such rules in relation to different circumstances or different class or description of motor cycles", the words "protective headgear conforming to the standards of Bureau of Indian Standards" shall be substituted. Amendment of sectioa 129
39. In section 130 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted, namely:— " (2) The conductor, If any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examlna tion.";
(b) for sub-section (3), the following sub-section and Explanation shall be substituted, namely: — "(5) The owner of a motor vehicle (other than a vehicle ragisteied under section 00), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authoiity or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it Amendment of section
130. 10 THE GAZETTE OF INDIA EXTRAORDINARY TPAKT l l ~
Explanation.—For the purposes of this sub-section, "certificate of insurance'1 means the certificate issued under Bub-Bection (J) of section 147.?). Amendment of section
132.
40. In section 132 of ihe principal Act, in sub-section (/),—
(a) for the words "may reasonably be necessary", the words "may for such reasonable time as may be necessary, but not exceeding twenty-four hours" shall be substituted;
(b) for clause (a), the following clause shall be substituted, namely: — " (a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or''; JcJ clause (c) shall be omitted. Amendment of section
134.
41. In section 134 of the principal Act,—
(a)r in clause (a), for the words "and if necessary, convey him to the nearest hospital", the words "by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities" shall be substituted; __(b) after clause (b), the following clause and Explanation shall be inserted, namely: — " (c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: —
(i) insurance policy number and period of its validity; (H) date, time and place of accident;
(iii) particulars of the persons injured or killed in the accident;
(tv) name of the driver and the particulars of his driving licence.
Explanation.—For the purposes of this section, the expression "driver" includes ihe owner of the vehicle.". Amendment of section
136.
42. In section 136, in the proviso, for the words ''without unnecessary delay", the words "after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four bouts" shall be substituted. Amendment of section
140.
43. In section 140 of the principal Act,—
(a) in sub-section (2) ,—
(i) for the words "twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY U
(ii) for the words "twelve thousand rupees", the words "twenty-five thousand rupees" shall be substituted;
(b) after sub-section (4), the following sub-section and proviso shall be inserted, namely: — "(5) Notwithstanding anything contained in sub-sedion (2) regarding death or bodily injury to any person, lor which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law fot the. time being in force:
Provided that the amoum of such compensation to be given undei any other law shall be reduced from the amount of compensation payable under this secLon or under section 163A.".
44. In section 141 of the principal Act, in sub-section (1), for the words and bracket "any other right (hereafter", the words, figures, letter and bracket "any other right, except the right to claim under the scheme referred to section 163A (such other right hereafter" shall be substituted. Amendment of section
141.
45. In section 146 of the principal Act, in sub-section (1), before the
Explanation, the following proviso shall be inserted, namely: — Amendment of section
146. 6 of 1991. "Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability insurance Act, 1991.".
46. In section 147 of the principal Act, in sub-section (1), in clause
(b), in sub-clause (i), for the words "injury to any person", the .words "injury to any person, including owner of the goods or his authorised representative carried in the vehicle" shall be substituted. Amendment of section
147.
47. In section 149 of the principal Act, in sub-section (1), after the brackets and words "(being a liability covered by the terms of the policy)", the words, figures and letter "or under the provisions of section 163A" shall be inserted. Amendment of section 149
48. In section 157 of the principal Act, after sub-section (1), the following Explanation shall be Inserted, namely: — "Explanation.—For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the Raid certificate of insurance and policy of insurance.". Amendment of section 107
49. iu section 158 ot the principal Act. for sub-section (6), the following sub-seciion snail be substituted, namely: — "(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days imn\ the date of recording of information or. as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and wnere a copy is made available t© the owner, he shall alflo within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer ' Amona. ment ot section 158 12 THE GAZET1E OF INDIA EXTRAORDINARY [PART II— Amendment of section
181.
50. In section 161 of the principal Act, m sub-section (3),—
(o) in clause (a), for the words "eight thousand and five hundred rupees", the word* "twettty-flve thousand rupees" shall be substituted;
(b) in clause (fa), for the words "two thousand rupees", the words "twelve thousand and five hundred rupees" shall be substituted. Insertion of new sections 163A and 1G3B. ST, After section 163 of the principal Act, the following sections shall be inserted, namely:— Special provisions as to payment of compensation on structured formula basis. '163A. (!) Notwithstanding anything contained in this Act or m any other law for the time bein^ in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated ip the Second Schedule, to the legal heirs or the victim, as the case may be.
Explanation.—For the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensation Act, 1923. 8 of 1923.
(2) Itt any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made WHffthre-to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.
(3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule. Option to fll« claim in certain cases.
163B. Where a person is entitled to claim compensation under section 140 and section 163A, he shall file the claim under either of the said sections and not under both.'. Amendment of -icction
165.
52. In section 165 of the principal Act,—
(a) in sub-section ( /) , in the Explanation, the words, figures and letter "and section 163A" shall be added at the end;
(b) in sub-section (3), in clause (c), the words "or as a District Judge' shall be added at the end, Amendment of iiecrion
166.
53. In section 166 of the principal Act,—
(a) for sub-section (2), the following sub-section and proviso shall be substituted namely: — "(#) Every application under sub-section (1) shall he made, at the option of the claimant, cither to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the clamant resides or Carries on bii&iness or within SEC. 1] THE GAZETTE OF INDIA EX CRAORDINARY 13 the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:
Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.";
(b) sub-section (3) shall be omitted;
(c) for sub-section (4), the following sub-section shall be substttuted, namely:— "(4) The Claims Tribunal shall treat any report of accidents forwarded t0 it under s'ub-section (6) of section 158 as an application for comrjfnsation under this Act.".
54. After sec'ion 18,' of \U? principal Act, the following section shall be inserted, namely: - Insertion of now section
182A. "182A. Any person who contravenes the provisions of sub-section
(3) of section 109, shall be punishable with a fine of one thousand rupees for the first offence, and with a fine of five thousand nipees for any subsequent offences.". Punishment fº r offence* relating to cons, truction and maintenance of vehicles.
55. In section 185 of the principal Act, for clause (a), the following clause shall be substituted, namely:— "(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or". Amendment of section
185.
56. For section 192 of the principal Act, the following sections shall be, substituted, namely: — Substitution of new sections for section
192. "192. (!) 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 flve thousand rupees or with both:
Provided that the Court may, for reasons to be recorded, impose a lesser punishment.
(2) Nothing In this secdon shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering Using vehicle without registration 14 THE GAZH'JTE OF INDIA EXTRAORDINARY [PART II— from sickness or Injuries or for the transport of food or materials *o relieve distress or of medical supplies for a like purpose:
Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.
(3) The court to which an appeal lies from any conviction in respect of an offence of the nature speclfk-d in sub-section (I), 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. U»ins vehicle without permit.
192A. (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of tho provisions of subsection (1) of section 66 or in contravention of any condition of a permit relating to the rout© on which or the area in which or ihe purpose for which the vehicle may bei used, 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 and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months 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 injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose:
Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.
(3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1). may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.". Amendment of section
194. 57 In section 194 of the principal Act. for sub-section tl) the lollowing sub-section shall be substituted, namely— "(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pav charges for off-loading of the excess load.". Amend, ment of section
200.
58. In section 200 of the principal Act, in sub-section (1), for the word and figures "section 1899,", the words, figures and brackets "section 189, sub-section (2) of section 190" shall be substituted. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
59. In section 201 of the principal Act,—
(a) in sub-section (1), after the proviso, the following proviso shall be inserted, namely: — "Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle.";
(b) for sub-section (2), the following sub-section shall be substituted, namely: — " (2) Penalties or towing charges under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.". Amendment of section
201.
60. In section 202 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— "(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, tf such person refuses to give his name and address."- Amendment of section
202.
61. In section 203 of the principal Act, for sub-section (1), the following shall be substituted, namely;— "(1) A police officer i n uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:
Provided that requirement for breath test shall be made (unless it is made) as soon as reasonably practicable after the commission of such offence.". Amendment of section
203.
62. In section 212 of the principal Act, in sub-section (4), after the words, brackets and figures "sub-section (1) of section-112", the words, brackets, figures and letter "sub-section (4) of section 163A" shall be inserted. Amendment of section
212.
63. The Sohedle to the principal Act shall be numbered as the First Schedule thereof. Amendment of the Schedule.
64. After the First Schedule, as so numbered, the following Schedule shall be inserted, namely: — Insertion of new Schedule. OtTHE SECOND SCHEDULE {See section 163A)
SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENTS/INJURY CASES CLAIMS
1. Fatal Accidents : Annual Income AGE OF VICTIM [Tp to 15 yts -Vbove 15 yrs. frit not exdg. 20 vrs. Above 20 yrs. but not e^ig. 25 yrs. Above 25 yrs • but not e^dg. 30 yrs. Above 30 yrs. but not exig. 35 yn. Above 35 yrs. but nut exdg. 40 yrs. Above 40 yrs. but not exdg. - yrs. Above 4-i yrs. but not exdg. 50 yrs. Abovs 50 yrs. rut mt exdg 55 yrs. Above 5 ' . f). b.!t iot exdg. 60 yrs. ^bove 60 yrs. but aot exdg. 65 yrs. Above 65 yrs. MULTIPLIER 15 16 17 IS 17 16 15 13 11 J 5 5 Rs. 3000 Rs. 4200 Rs. 5400 Rs. 6600 Rs. 7800 Rs. 9000 Rs. 10200 Rs. 11400 Rs. 12000 Rs. fSOOO Rs . 24000 Rs. 36000 Rs. 40000 RUPEES IN THOUSANDS compensation in case of death Rs. 60 57 54 51 50 50 50 50 50 50 50 50 Rs. 84
79.8
75.6
71.4 67 2 63
58.8
50.4 50 50 50 50 Rs. [03 102
97.2
91.8
36.4 81
75.6
64.8 54 50 50 50 Rs. 132
125.4
118.8
112.2
105.6 99
92.4
79.2 66
52.8 50 50 Rs. Rs. 156
148.2
140.4
132.6
124.8 117
109.2
93.6 78
62.4 50 50 180 171 162 153 144 135 126 108 90 72 54 50 Rs. Rs. 204
193.8
183.6
173.4
163.2 153
142.8
122.4 102 SI.6
61.2 51 228
216.6
205.2
193.8
192.4 171
159.6
136.8 114 91,2
68.4 57 Rs. 240 228 21o 204 192 1M> 168 144 126 96 72
6.1 Rs. 360 342 324 306 288 270 252 216 180 144 108 90 Rs. 480 456 432 408 384 360 336 286 240 192 144 120 Rs. 720 684 648 612 576 540 504 432 360 286 216 180 Its. 800 760 720 680 640 600 560 480 400 320 240 200 NOTE: The amount of compensation so arrived at in the case of fatal accident claims shall be reduced by l/3rd in consideration of the expenses which the victim would have incurred towards maintaining trirosetf bad he been alive. I I—<-
1.
3.
4.
5. Amount of compensation shall not be less than Rs 50,000. General Damage (in case of death): The following General Damages shall be payable in addition to compensations outlined above:
(i) Funeral expenses
(ii) Loss oi Consort'um, if beneficiary is the spottse liii) Loss of Estate (;v) Medical Expenses—actual expenses incurred before death supported by bills vouchers but not exceeding General Damages in ease of injipiet and I>iwbiUties: if) Pain and Sufferings ''/) Grievous injuries
(6) Noti-erievous injuries (i0 Medical Expenses—actual «pens« Incurred supponed bv btlh., voticliers but noi exceeding as one time payment Dumbiiitv in non-fotai accidents- The follawiiig comrjeosation shall JC payable in case of disability to the victim arising out of non-fatal accidents: L is of income, if any, for aciual period of disablement not exceeding fifty-two weeks. PLUS either of the following:— («) In case of permanent total disablement the amoui\t payable shall be arrived at by multiplying the annual lose of income by the age oo the date of determining the compensation, of
(b) In case of permanent partial disablement such percentage of compensation which would have been payable in the case of permaneni under itemT(o) above — Rs 2,000 - — Rs. -,000- - Rs. 2,500 - — Rs. 15,000 - — Rs. 5,i kJO'- — Rs. 1,000- — Rs. t \000'- Miilliplier applicable to tdic total disablement a? speciiied 00 • ^ri-^ea1-: desffieds tQ*w«ittniii Pe*mancs£<-Tatai-:DisabJeinent/PenBaoeQt Partial Disablement aod peresitage of loss of earning capacity shall be as per Schedule I under Wor1nnenV<Son5)eflsattons>),'4923.i
6. N^tforiat uicort* fdt e&fcpMation to those who had no income prior to accident :— Patal and disatfiity iapoflrfatal ncddentej— In coMtoif •£^eri3j}jar»i1.c«ljt"Gen£raI Damag!." as applicabls. — Rs. 15,900 p.a. —Rs.l/3rd of iucome of the earning surviving sponss. K. L. MOHANPURIA, Secy, to the Govt, of India. PWNTED BY THE UANMER, GOVERNMENT OF INDIA PRESS^ MINTO EQiD, NEW DELHI \ND FUBLBHED BY THB CONTRdLER OF PUBLICATIONS, DELHI, 1994.