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| Home > Indian Bare Acts > THE MOTOR VEHICLES ACT, 1939 > CHAPTER VII MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING 1[INDIA] |
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| THE MOTOR VEHICLES ACT, 1939 |
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Title : THE MOTOR VEHICLES ACT, 1939
Year : 1939
Act : CHAPTER VII
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING 1[INDIA]
92.
Power to Central Government to make rules.
92.Power to Central Government to make rules. (1) The Central
Government may, by notification in the Official Gazette, make rules
for all or any of the following purposes, namely:-
(a) the grant and authentication of travelling passes,
certificates or authorisations to persons temporarily taking
motor vehicles out of 1[India] to any place outside India or
to persons temporarily proceeding out of 1[India] to any
place outside-India and desiring to drive a motor vehicle
during their absence 2[from India];
(b) prescribing the conditions subject to which motor
vehicles brought temporarily INTO 1[India] FROM outside India
by persons intending to make a temporary stay in 1[India] may
be possessed and used in 1[India]; and
(c) prescribing the conditions, subject to which persons
entering 1[India] FROM any place outside India for a tempo-
rary stay in 1 [India] may drive motor vehicles in 1[India].
3[(1A) For the purpose of facilitating and regulating the
services of motor vehicles operating between India and any other
country 4* * * under any reciprocal arrangement and carrying
passengers or goods or both by road for hire or reward, the Central
Government may, by notification in the Official Gazette, make rules
with respect to all or any of the following matters, namely:-
(a) the conditions subject to which motor vehicles carrying
on such services may be brought INTO India FROM outside India
and possessed and used in India;
(b) the conditions subject to which motor vehicles may be
taken FROM any place in India to any place outside India;
(c) the conditions subject to which persons employed as
drivers and conductors of such motor vehicles may enter or
leave India ;
(d) the grant and authentication of travelling passes,
certificates or authorisations to persons employed as drivers
and conductors of such motor vehicles ;
----------------------------------------------------------------------
1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
2 Subs. by the A. O. 1948, for " FROM British India".
3 Ins. by Act 100 of 1956, s. 71 (w.e.f. 16-2-1957).
4 The words "contiguous to it" omitted by Act 56 of 1969, s. 51. (w.e.f. 2-3-1970).
------------------------------------------------------------------------
107.
(e) the particulars (other than registration marks) to be
exhibited by such motor vehicles and the manner in which such
particulars are to be exhibited ;
(f) the use of trailers with such motor vehicles;
(g) the exemption of such motor vehicles and their drivers
and conductors FROM all or any of the provisions of this Act
[other than those referred to in sub-section (4)] or of the
rules made thereunder;
(h) the identification of the drivers and conductors of
such motor vehicles ;
(i) the replacement of the travelling passes, certificates
or authorisations, permits, licences or any other prescribed
documents lost or defaced, on payment of such fee as may be,
prescribed ;
(j) the exemption FROM the provisions of such 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.]
(2)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.
1* * * * * *
(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 2 [and
conductors] of motor vehicles
3[shall apply--
(i) to any motor vehicle to which or to any driver of a
motor to whom any rules made under clause (b) or clause (c)
of sub-section (1) or under sub-section (1A) apply; O. K.
(ii) to any conductor of a motor vehicle to whom any rules
made under sub-section (1A) apply.]
CHAP
LIABILITY WITHOUT FAULT IN CERTAIN CASES
4["CHAPTER VIIA
LIABILITY WITHOUT FAULT IN CERTAIN CASES
92A.Liability to pay compensation in certain cases on the
principle of no fault. (1) Where the death or permanent disablement of
any person has resulted FROM an accident arising out of the use of a
motor vehicle or motor vehicles, the owner of the vehicle shall, or,
as the case may be, the owners of the vehicles shall, jointly and
severally, be liable to pay compensation in respect of such death or
disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under sub-
section (1) in respect of the death of any person shall be a fixed sum
of fifteen thousand rupees and the amount of compensation payable
under that sub-section in respect of the permanent disablement of any
person shall be a fixed sum of seven thousand five hundred rupees.
(3) In any claim for compensation under sub-section (1), the
claimant shall not be required to plead and establish that the death
or permanent disablement in respect of which the claim has been made
was due to any wrongful act, neglect or default of the owner or owners
of the vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be
defeated by reason of any wrongful act, neglect or default of the
person in respect of whose death or permanent disablement the claim
has been made nor shall the quantum of compensation recoverable
respect of such death or permanent disablement be reduced on the of
the share of such person in the responsibility for such death or
permanent disablement.
92B Provisions as to other right to claim compensation for death
or permanent disablement. (1)The right to claim compensation under
section 92A in respect of death or permanent disablement of any person
shall be in addition to any other right (hereafter in this section
referred to as the right on the principle of fault) to claim
compensation in respect thereof under any other provision of this Act
or of any other law for the time being in force.
(2) A claim for compensation under section 92A in respect of
,death or permanent disablement of any person shall be disposed of as
expeditiously as possible and where compensation is claimed in
respect of such death or permanent disablement under section 92A and
also in pursuance of any right on the principle of fault, the claim
for compensation under section 92A shall be disposed of as aforesaid
in the first place.
(3) Notwithstanding anything contained in sub-section(1),where
in respect of the death or permanent disablement of any person, the
person liable to pay compensation under section 92A is also liable to
pay compensation in accordance with tile right oil the principle of
fault, the person so liable shall pay the first-mentioned compensation
and-
(a) if the amount of the first-mentioned compensation is less
than the amount of the second-mentioned compensation, he shall be
liable to pay (in addition to the first-mentioned compensation) only
so much of the second-mentioned compensation as is equal to the amount
by which it exceeds the first-mentioned compensation:
(b) if the amount of the first-mentioned compensation is equal
to or less than the amount of the second-mentioned compensation, he
shall not be liable to pay the second-mentioned compensation.
92C.Permanents disablement. For the purposes of this Chapter,
permanent disablement of a person shall be deemed to have resulted
FROM an accident of the nature referred to in sub-section (1) of
section 92A if such person has suffered by reason of the accident any
injury or injuries involving--
(a) permanent privation of the sight of either eye or the
hearing of either ear, or privation of any member or joint;
or
(b) destruction or permanent impairing of the powers of any
member or joint; or
(c) permanent disfiguration of the head or face.
92D.Applicability of Chapter to certain claims under Act 8 of
1923. The provisions of this Chapter shall also apply in relation to
any claim for compensation in respect of death or permanent dis-
ablement of any person under the Workmens Compensation Act, 1923. resulting FROM an accident of the nature referred to in sub-section
(1) section 92A and for this purpose, the said provisions shall, with
necessary modifications, be deemed to form part of that Act.
92E.Over riding effect. The provisions of this Chapter shall
have effect notwithstanding anything contained in any other provision
of this Act or of any other law for the time being in force.]
----------------------------------------------------------------------
1 Sub-section (3) omitted by Act 100 of 1956, s. 71 (w.e.f.16-2-1957),
2 Ins. by s. 71, ibid. (w.e.f. 16-2-1957).
3 Subs. by s. 71, ibid, for certain original words (w.e.f. 16-2-
1957).
4 Ins. by Act 47 of 1982, S. 11 (w.e.f. 1.10. 1982),
----------------------------------------------------------------------
108.
CHAP
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
Last updated on February, 2008
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