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Start Free TrialMotor Vehicles Act, 1988 Chapter 2
Title: Licensing of Drivers of Motor Vehicles
State: Central
Year: 1988
.....Act shall be effective throughout India. Section 14 - Currency of licences to drive motor vehicles (1) A learner's licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall.- (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years: 1 [***] 2 [Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature he 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] (b) in the case of any other licence,- (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of 3 [fifty years] on the date of issue or, as the case may be, renewal thereof,- (A) be effective for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attains the age of 3 [fifty years], whichever is earlier; 4 [(ii) if the.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 4
Title: Registration of Motor Vehicles
State: Central
Year: 1988
..... ________________________ 1. Substituted by Act 54 of 1994, Section 14, for "original registering authority" (w.e.f. 14-11-1994). 2. Added by Act 54 of 1994, Section 14 (w.e.f. 14-11-1994). 3. Inserted by Act 54 of 1994, Section 14 (w.e.f. 14-11-1994). 4. Substituted by Act 54 of 1994, Section 14, for "under section 47, make an application" (w.e.f. 14-11-1994). 5.Substituted by Act 54 of 1994, Section 14, for sub-section (11) (w.e.f. 14-11-1994). Section 52 - Alteration in motor vehicle 1[52. Alteration in motor vehicle (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: Provided.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 5
Title: Control of Transport Vehicles
State: Central
Year: 1988
.....in respect of any such contract carriage, have regard to the following matters, namely: (i) financial stability of the applicant; (ii) satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from (i) the India Tourism Development Corporation; (ii) State Tourism Development Corporations; (iii) State Tourism Departments; (iv) State Transport Undertakings; (v) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; (vi) ex-servicemen. Section 75 - Scheme for renting of motor cabs (1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of 1[motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles] for their own use and for matters connected therewith. (2) A scheme made under.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 7
Title: Construction, Equipment and Maintenance of Motor Vehicles
State: Central
Year: 1988
.....the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938). Section 113 - Limits of weight and limitations on use (1) The State Government may prescribe the conditions for the issue of permits for 1[transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer- (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 11
Title: Insurance of Motor Vehicles Against Third Party Risks
State: Central
Year: 1988
.....of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgment as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a Court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Complete Act
Title: Motor Vehicles Act, 1988
State: Central
Year: 1988
..... Section4 - Age limit in connection with driving of motor vehicles Section5 - Responsibility of owners of motor vehicles for contravention of sections 3 and 4 Section6 - Restrictions on the holding of driving licences Section7 - Restrictions on the granting of learner's licences for certain vehicles Section8 - Grant of learner's licence Section9 - Grant of driving licence Section10 - Form and contents of licences to drive Section11 - Additions to driving licence Section12 - Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles Section13 - Extent of effectiveness of licences, to drive motor vehicles Section14 - Currency of licences to drive motor vehicles Section15 - Renewal of driving licences Section16 - Revocation of driving licence on grounds of disease or disability Section17 - Orders refusing or revoking driving licences and appeals therefrom Section18 - Driving licences to drive motor vehicles, belonging to the Central Government Section19 - Power of licensing authority to disqualify from holding a driving licence or revoke such licence Section20 - Power of court to disqualify Section21 -.....
List Judgments citing this sectionMotor Vehicles Act, 1988 Section 58
Title: Special Provisions in Regard to Transport Vehicles
State: Central
Year: 1988
.....Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 2[***] (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority. ______________________ 1. Substituted by Act 54 of 1994, Section 18, for "maximum safe laden weight" (w.e.f. 14-11-1994.) 2 . Sub-section (4) omitted by Act 27 of 2000, Section 3 (w.e.f. 11-8-2000).
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 9
Title: Motor Vehicles Temporarily Leaving or Visiting India
State: Central
Year: 1988
.....laws as relate to customs, police or health with a view to facilitate such road transport services; (k) any other matter which is to be, or may be, prescribed. (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. (4) Nothing in this Act or in any rule made thereunder by a State Government relating to (a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and the qualifications of drivers and conductors of motor vehicles, shall apply (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under subsection (2) apply.
View Complete Act List Judgments citing this sectionBombay Motor Vehicles Tax Act, 1958, (Maharashtra) Section 16
Title: Penalty for Possession or Control of Motor Vehicle Without Payment of Tax and Interest,for Incomplete and Untrue Declaration, Etc
State: Maharashtra
Year: 1958
.....of tax due from him under Section 3 and the interest, if any, due from him under Section 8A.] 16[(4) Notwithstanding anything contained in this section or any rules made under this Act, no prosecution for an offence committed under clause (aa) of sub-section (1) shall be commenced against any person if such person has paid in full, a sum equal to four times the tax payable in respect of such transport vehicles.] 16[(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the First Class to pass on any person convicted of any offence under this Act a sentence of fine as provided in clause (iii) of sub-section (1), in excess of his powers under Section 29 of the said Code.] NOTES Vehicle sold without payment of tax due :-Such non-payment makes the ex-vehicles owner liable under section 16(1)(a) and he can be convicted under the said provision. Payment of tax subsequently does not exonerate the person from offence that is committed by remaining in possession or control of the vehicle during the period for which tax was not paid. - State of Maharashtra v. P.A. Poonawala,.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 51
Title: Special Provisions Regarding Motor Vehicle Subject to Hire Purchase Agreement, Etc.
State: Central
Year: 1988
.....to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark4[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement, (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). Explanation.- For the purposes of this sub-section and sub-sections (8) and (9), "appropriate authority" in relation to any permit, means the authority which is authorised by this Act to renew such permit and, in relation to registration means the authority which is authorised by this Act to issue, duplicate certificate of registration or to assign a new registration.....
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