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Start Free TrialMotor Vehicles Act, 1988 Section 50
Title: Transfer of Ownership
State: Central
Year: 1988
.....period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 79
Title: Grant of Goods Carriage Permit
State: Central
Year: 1988
.....application. (2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely: (i) that the vehicle shall be used only in a specified area or on a specified route or routes; (ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum; (iii) that goods of a specified nature shall not be carried; (iv) that goods shall be carried at specified rates; (v) that specified arrangement shall he made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, prescribe; (vii) that the Regional Transport Authority may, after giving notice of not less than one month, (a) vary the conditions of the permit; (b) attach to the permit further conditions; (viii) that the conditions of the permit shall not be departed from, save.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 86
Title: Cancellation and Suspension of Permits
State: Central
Year: 1988
.....on it under subsection (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the Transport Authority. (3) Where a Transport Authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the Transport Authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the Transport Authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then notwithstanding anything contained in sub-section (1), the Transport Authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 85
Title: General Form of Permits
State: Central
Year: 1988
Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 84
Title: General Conditions Attaching to All Permits
State: Central
Year: 1988
.....relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act; (c) that any prohibition or restriction imposed any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates; (d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113; (e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f) that the provisions of Chapters X, XI, and XII so far as they apply to the holder of the permit are observed; and (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 83
Title: Replacement of Vehicles
State: Central
Year: 1988
The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 82
Title: Transfer of Permit
State: Central
Year: 1988
(1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 81
Title: Duration and Renewal of Permits
State: Central
Year: 1988
(1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 1[from the date of issuance or renewal thereof] a period of five years: Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry. (3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority as the case may he, entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely:- (a) the financial condition of the applicant as.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 80
Title: Procedure in Applying for and Granting Permits
State: Central
Year: 1988
.....prescribed authority referred to in sub-section (1) of section 66] may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid: Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit. (5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective. ______________________ 1. Substituted by Act 54 of 1994, Section 25, for "Regional Transport Authority" (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 78
Title: Consideration of Application for Goods Carriage Permit
State: Central
Year: 1988
A Regional Transport Authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:- (a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life; (b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life.
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