Motor Accident claims tribunal and Motor Accident offenses

CHAPTER XII

CLAIMS TRIBUNALS

 Claims Tribunals-

   (1)  A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.

Explanation-For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 1[and section 163A].

(2)  A Claims Tribunal shall consists of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.

(3)  A person shall not be qualified for appointment as a member of a Claims Tribunal unless he-

(a)  is, or has been, a Judge of a High Court, or

(b)  is, or has been, a District Judge, or

(c)  is, qualified for appointment as a High Court Judge 2[or as a District Judge].

(4)  Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.

Application for compensation-

(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made-

(a)  by the person who has sustained the injury; or

(b)  by the owner of the property; or

(c)  where death has resulted from the accident, by all or any of the legal representative of the deceased; or

(d)  by any agent duly authorised by the person injured or all or any of the legal representative of the deceased, as the case may be.

Provided that where all the legal representative of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representative of the deceased and the legal representative who have not so joined, shall be impleaded as respondents to the application.

3[(2)  Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carriers on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed.

Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.]

(3) 1[*       *          *                    *             *           *]

2[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as am application for compensation under this Act].

Option regarding claims for compensation in certain cases-

Notwithstanding anything contained in the Workmen’s Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person give rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.

Award of the Claims Tribunal-

(1)  On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of sections of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or person or person to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.

Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement  shall be disposed of in accordance with the provisions of Chapter X.

(2)  The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3)  When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.

Procedure and powers of Claims Tribunals-

(1)  In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf follow such summary procedure as it thinks fit

(2)  The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

(3)  Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purposes of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.

Impleading insurer in certain cases-

Where in the course of any inquiry, the Claims Tribunal is satisfied that-

(a)  there is collusion between the person making the claim and the person against whom the claim is made, or

(b)  the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.

Award of interest where any claim is allowed-

Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this  behalf.

Award of compensatory costs in certain cases-

(1)  Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that-

(a)  the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or

(b)  any party or insurer has put forward a false or vexatious claim or defense, such Tribunal may make an order for the payment, by the party who is guilty of misrepresentation or by whom such claim or defense has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defense has been put forward.

(2)  No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.

(3)  No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such misrepresentation, claim or defense as is referred to in sub-section (1).

(4)  Any amount awarded by way of compensation under this section this section in respect of any misrepresentation, claim or defense, shall be taken into account in any subsequent suit of damages for compensation in respect of such misrepresentation, claim or defense.

Appeals-

(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:

Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty percent, of the amount, so awarded, whichever is less, in the manner directed by the High Court.

Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

Recovery of money from insurer as arrears of land revenue-

Where any amount is due from any person under an award, the Claims Tribunal may, on an applicant made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrears of land revenue.

Bar on jurisdiction of Civil Courts-

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.

Power of State Government to make rules-

A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely-

(a)  the form of application for claims for compensation and the particulars it may contain, and fees, if any, to be paid in respect of such applications;

(b)  the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter;

(c)  the powers vested in a Civil Court which may be exercised by a Claims Tribunal;

(d)  the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and

(e)  any other matter which is to be, or may be, prescribed.

CHAPTER XIII

OFFENCES, PENALTIES AND PROCEDURE

 General provision for punishment of offences-

Whoever contravenes any provisions of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with the which may extend to one hundred rupees, and for any second or with the which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.

Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage etc-

(1)  Whoever travels in a stage carriage without having  proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees.

Explanation-In this section, “pass” and “ticket” have the meanings respectively assign them in section 124.

(2)  If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is

(a)  to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either willfully or negligently,-

(i)  fails or refuse to accept the fare when tendered, or

(ii)  fails or refuse to supply a ticket, or

(iii)  supplies an invalid ticket, or

(iv)  supplies a ticket of a lesser value, or

(b)  to check any pass or ticket, either willfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees.

(3)  If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,-

(a)  in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and

(b)  in any other case, be punishable with fine which may extend to two hundred rupees.

Disobedience of orders, obstruction and refusal of information-

(1)  Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.

(2)  Whoever, being required by or under this Act to supply any information, willfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

 Allowing unauthorised persons to drive vehicles-

Whoever, being the owner or person in charge of motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

Driving vehicles in contravention of section 3 or section 4-

Whoever drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Offences relating to licenses-

(1)  Whoever, being disqualified under this Act for holding or obtaining a driving license drives a motor vehicles in a public place or in any in any other place, or applies for or obtains a driving license or, not being entitled to have a driving license issued to him free of endorsement, applies for or obtains a driving license without disclosing the endorsement made on a driving license previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with the which may extend to five hundred rupees or with both, and any driving license so obtained by him shall be of no effect.

(2)  Whoever, being disqualified under this Act for holding or obtaining a conductor’s license, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s license or, not being entitled to have conductor’s license issued to him free of endorsement, applies for or obtains a conductor’s license previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with the fine which may extend to one hundred rupees, or with both, and any conductor’s license so obtained by him shall be of no effect.

1[182A. Punishment for offences relating to construction and maintenance of vehicles-Any person who contravenes the provisions of sub-section (3) of section 109, shall be punishable with a fine of five thousand rupees for any subsequent offence].

Driving at excessive speed etc.-

(1)  Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees.

(2)  Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees.

(3)  No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device.

(4)  The publication of a time table under which, or the giving of any direction that any journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2).

Driving dangerously-

Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use f the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if omitted within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both.

Driving by a drunken person or by a person under the influence of drugs-Whoever, while driving, or attempting to drive, a motor vehicle,-

1(a)  has, in his blood, alcohol exceeding 30 mg per 100 ml. of blood detected in a test by a breath analyzer, or

(b)  is under the influence of a drug to such an extent as to be, incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offences, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

Explanation-For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

Driving when mentally or physically unfit to drive-

Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to five hundred rupees.

Punishment for offences relating to accident-

Whoever fails to comply with the provisions of clause (c) of sub-section (1) of section 132 or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Punishment for abutment of certain offences-

Whoever abets the commission of an offence under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence.

Racing and trials of speed-

Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicle in any public place shall be punishable with imprisonment for a term which may extend to one month, or with a fine which may extend to one month, or with a fine which may extend to five hundred rupees, or with both.

Using vehicle in unsafe condition-

(1)  Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to person and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(2)  Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine  of two thousand rupees.

(3)   Any person who drives or cause or allows to be driven, in any public place a motor vehicle, which violates the provisions of this Act or the rule made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one years, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both.

191.  Sale of vehicle in or alteration of vehicle to condition contravening this Act

Whoever being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or trailer so as to render its conditions such that its use in a public place would be in contravention of Chapter VII or any rule made therunder shall  be punishable with fine which may extend to five hundred rupees.

 Provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had beem put into a condition in which it might lawfully be so used.

192.    Using vehicles without registration-

   (1)  Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both.

Provided that the Court may, for reasons to be recorded, impose a lesser punishment.

   (2)  Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose.

Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

   (3)  The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the convection in connection with which such order was made.

192A.  Using vehicle without permit-

   (1)  Whoever drives a motor vehicle or causes or allows a motor vehicle to beused in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purposes for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees and for any subsequent offence with imprisonment which may extend  to one year but shall not less than three montsh or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both.

Provided that the Court may for reasons to be recorded, impose a lesser punishment.

   (2)  Nothing in this section shall apply to use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose.

Provided that the person using the vehicle reports about hte same to the Regional Transport Authority within seven days from the date of such use.

   (3)  The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.]

193. Punishment of agents and canvassers without proper authority-

Whoever engages himself as an agent or canvassers in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

194.  Driving vehicle exceeding permissible weight-

 1[(1)  Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load.]

   (2)  Any drive of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupees.

195.  Imposition of minimum fine under certain circumstances-

   (1)  Whoever having been convicted of an offence under this Act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the previous offence, no Court shall, except for reason to be recorded by it in writing, impose on him a fine of less than one-fourth of the maximum amount of the fine imposable for such offence.

   (2)   Nothing in sub-section (1) shall be construed as restricting the power of Court from awarding such imprisonment as it considers necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence.

196.  Driving uninsured vehicle-

Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

197.  Taking vehicle without authority-

   (1)  Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor.

   (2)  Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

   (3)  Whoever attempts to commit any of the acts referred to in sub-section (1)  or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1)  or, as the case may be, sub-section (2).

198. Unauthorised interference with vehicle-

Whoever otherwise than with lawful authority or reasonable excuse enters or moves any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extend to one hundred rupees.

199.  Offences by companies-

   (1)  Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent commission of such offence.

   (2)   Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanations-For the purposes of this section-

         (a)  “company” means any body corporate and includes a firm or other association of individuals; and

         (b)  “director” in relation to a firm, means a partner in the firm.

200.  Composition of certain offences-

   (1)  Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section 183, section 184, section 186, 1[section 189, sub-section (2) of section 190], section 191, section 192, section 194, section 196 or section 198, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.

   (2)  Where an offence has been compounded under sub-section (1) the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

201.  Penalty for causing obstruction to free flow of traffic-

   (1)  Whoever keeps a disabled vehicle on any public place, in such a manner, s as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position.

Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.

2[Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle.]

3[(2)  Penalties or towing charges under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.]

 Power to arrest without warrant-

  (1)  A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197.

Provided that any person so arrested in connections with an offence punishable under sections 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.

1[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.]

   (3)  A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

203.  Breath tests-

2[(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185.

Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.]

   (2)  If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident had alcohol in his blood or that he was driving under the influence of a drug referred t in section 185 he may required the person so driving the motor vehicle, to provide a specimen of his breath for a breath test-

        (a)  in the case of a person who is at a hospital as an indoor patient at the hospital,

        (b)  in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer.

Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or the requirements to provide it would be prejudicial to the proper care or treatment of the patient.

   (3)  If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient.

   (4)  If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient.

   (5)  A person arrested under this section shall while at a police station be given an opportunity to provide a specimen of breath for a breath test there.

   (6)  The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence.

Explanation-For the purposes of this section, “breath test”, means a test for the purpose of obtaining an indication of the presence of alcohol in a persons’ blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test.

204. Laboratory test-

   (1)  A person, who has been arrested under section 203 may, while at a police station, be required by a police officer to provided to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a laboratory test if,-

        (a) it appears to the police office that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or

        (b) such person,, when given the opportunity to submit to a breath test, has refused or failed to do so.

Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or nt.

   (2)  A person while at a hospital as an indoor patient may be required by a police officer to provided at the hospital a specimen of his blood for a laboratory test-

        (a) if it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or

        (b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood.

Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.

   (3)  The result of a laboratory test made in pursuance of this section shall be admissible in evidence.

Explanation-For the purposes of this section, “laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Government or a State Government.

205.   Presumption of unfitness to drive-

In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefore is shown, be presumed to be a circumstances supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.

206.  Power of police officer to impound document-

   (1)  Any police officer or other person authorised in this behalf by the State Government may, if he had licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 1654 of the Indian Penal Code, (45 of 1860 size the mark or document and call upon the driver or owner of the vehicle account for this possession of or the presence in the vehicle of such mark or document.

   (2)  Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle which is charged with any offence under this Act may abscond or otherwise avoid the service of asummons, seize any licence held by such driver and forward it to the Court taking cognizance of the offence and the said Court shall on the firm appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgement given under sub-section (3).

   (3)  A police officer or other person seizing a licence under sub-section shall give to the person surrendering the licence a temporary acknowledgement therefor and such acknowledgement shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgement, whichever is earlier.

Provided that if any Magistrate, police officer or other person authorised the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been, returned to the holder thereof before the date specified in the acknowledgement for any person for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgement.

207.  Power to detain vehicles used without certificate of registration permit, etc.-

   (1)  Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof.

   (2)  Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.

208.  Summary disposal of cases-

   (1)  The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,-

        (i)  may, if the offence is an offence punishable with imprisonment under this Act; and

       (ii)  shall, in any other case,

             state upon the summons to be served on the accused person that he-

        (a)  may appear by pleader or in person; or

        (b)  may, by a specified date prior date to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself.

Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea.

   (2)  Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence.

   (3)  Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a license by reason of his having pleaded guilty.

209.  Restriction on conviction

No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless-

        (a)  he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or

        (b)  within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or

        (c)  within twenty-eight days of the commission of the offence, a summons for the offence was served on him.

Provided that nothing, in this section shall apply where the Court is satisfied that-

        (a)  the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or

        (b)  such failure was brought about by the conduct of the accused.

210.  Courts to send intimation about conviction-

Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to-

        (a)  the licensing authority which issued the driving licence, and

        (b)  the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed.

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