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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



(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 temporary 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 ; 

(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 4*[other than those referred to in sub-section (4)] or of therules 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 there under 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.] 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 Workmen's 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.]

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1 Subs. by Act 48 of 1952, s. 3 and Sch. II, for "Superintendent of Insurance".

2 The word "and" omitted by Act 100 of 1956, s. 79 (w.e.f. 16-2- 1957).

3 Subs. by s. 79, ibid.. for, cl. (h) (w.e.f. 16-2-1957).

4 Subs. by Act 58 of 1960, s. 3 and Sch. II, for "public service vehicle".

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Last updated on August, 2016

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