When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall--

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(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, ¹[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 the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise;

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(b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence.

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²[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:---

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(i) insurance policy number and period of its validity;

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(ii) date, time and place of accident;

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(iii) particulars of the persons injured or killed in the accident;

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(iv) name of the driver and the particulars of his driving licence.

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Explanation.--For the purposes of this section the expression driver includes the owner of the vehicle.]

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¹[198A. Failure to comply with standards for road design, construction and maintenance.--(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.

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(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B.

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(3) For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:--

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(a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road;

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(b) the standard of maintenance norms applicable for a road of that character and use by such traffic;

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(c) the state of repair in which road users would have expected to find the road;

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(d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users;

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(e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose;

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(f) whether adequate warning notices through road signs, of its condition had been displayed; and

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(g) such other matters as may be prescribed by the Central Government.

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Explanation.-- For the purposes of this section, the term “contractor” shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.]

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¹[210C. Power of Central Government to make rules.--The Central Government may make rules for--

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(a) design, construction and maintenance standards for National highways;

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(b) such other factors as may be taken into account by the Court under sub-section (3) of section 198A;

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(c) any other matter which is, or has to be, prescribed by the Central Government.]

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¹[215C. Power of Central Government to make rules.--(1) The Central Government may make rules for the purposes of carrying into effect the provisions of this Chapter.

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(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;

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(b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213;

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(c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B;

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(d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; and

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(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government.]

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(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.

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(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.

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(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he--

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(a) is a habitual criminal or a habitual drunkard; or

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(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

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(c) is using or has used a motor vehicle in the commission of a cognizable offence; or

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(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or

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(e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or

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(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or

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(g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or

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(h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care,

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it may, for reasons to be recorded in writing, make an order--

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(i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or

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(ii) revoke any such licence.

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¹[(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence--

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(a) for a first offence, for a period of three months;

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(b) for a second or subsequent offence, with revocation of the driving licence of such person:

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Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.]

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(2) Where an order under sub-section (1) ²[or sub-section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,--

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(a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or

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(b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or

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(c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence:

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³[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.]

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⁴ [(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government.

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(2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.]

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(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) ²[or subsection (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.

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¹[211A. Use of electronic forms and documents.--(1) Where any provision of this Act or the rules and regulations made there under provide for--

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(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner;

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(b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or

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(c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing,issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be.

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(2) The Central Government or the State Government shall, for the purpose of sub-section (1), prescribe--

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(a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and

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(b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).]

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(1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.

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(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.

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(3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature.

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(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.

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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.]

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