Search Results on rules for query: " Central Motor Vehicles ( 4th Amendment) Rules, 2012."
Related Section(s)(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; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). |
