The Bihar Motor Vehicles Rules, 1992

4 · Testing Officer. - (1) Licensing Authority, the Motor Vehicle Inspector or any officer not below the rank of the Inspector of Police or the Sergeant Major nominated by the Licensing Authority, shall be the Testing Officer for the

6 · Fees payable under Chapter-II of the Act. - The fees to be paid under Chapter-II of the Act shall be-

7 · Exemption from payment of fees. - (1) The State Government may, by general or special order, exempt, totally or partially, any person or class of persons, from payment of all or any portion of the fees payable under Chapter-1 of the Act.

8 · Form of communication. -The Licensing Authority shall communicate with another Licensing Authority in Form D.I. COM for the purpose of intimation-

9 · Power to make enquiries of applicant for driving licence. - The Licensing Authority may make such enquiries as may reasonably be necessary, to establish the identity of the applicant and to ascertain that the applicant is not disqualified for holding or obtaining a driving licence.

10 · Automobile Associations recognised for issue of a driving certificate. - The State Government recognises the following automobile associations for the purpose of proviso to sub-section (3) of Section 9, namely:-

33 · Renewal of conductor's licence. -(1) Any licensing authority may, on an application made to it in Form L. CON. R. renew a conductor's licence with effect from the date of its expiry:

37 · Manner of appeals. - An appeal under Chapter-III of the Act shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by a certified copy of that order and a fee prescribed under Rule 26.

38 · Exemption from the provisions of sub-section (1) of Section 29. - (1) Where in any emergency it becomes difficult for the permit holder to provide for a conductor for his stage carriage, or where a conductor on duty, for reasons beyond his control cannot perform his duties, the driver of a stage carriage may, for a period not exceeding one month, act as a conductor of the stage carriage without holding a conductor's licence, required under Section 29. (2) Any person, other than a driver of a stage carriage, may act as a conductor without holding a conductor's licence, for a period not exceeding one month: Provided that: -

39 · Effectiveness of a conductor's licence issued in another State. -Any person can act as a conductor on the stage carriage of another State and operating within this State under any reciprocal agreement with that State or under the countersignature of stage carriage permit, if such person holds a valid conductor's licence issued in that State and the person complies with the provisions of Rule 29 while the stage carriage is being operated in this State.

40 · Registering Authority. - The District Transport Officer shall be the Registering Authority:

45 · Exemption from payment of fees. - (1) The State Government may, if it is of opinion that it is in the public interest to do, by general or special order, exempt, totally or partially, any Government Department, local authorities, associates or bodies of individuals, from payment of the fee payable for copies of particulars of registration under Rule 44. (2) (a) Such foreign Consular Officers as have been notified by a general or special order of the State Government in respect of motor vehicle belonging to them,

46 · Grant of temporary registration. - (1) An application for a certificate of temporary registration or extension of period of validity thereof shall be made in Form C.R.Tem. A. alongwith the fee-prescribed under Rule, 44: Provided that the period of such extension shall not be more than one month at any one time.

47 · Facilities to be provided to certain persons for registration of motor vehicles. - The Registering Authority may depute the Motor Vehicles Inspector at any place specified in the application for verification of such particulars and requirements, on any day or days specified by the registering authority, if the number of motor vehicles to be so inspected at such place exceeds twenty and the fee prescribed under Rule 44 is paid.

48 · Recording the particulars of exemption. - Where a Registering Authority registers a motor vehicle in respect of which an order or a notification, exempting such motor vehicle from any of the provisions of rules made under ChapterVII of the Act, has been issued, the registering authority shall record the particulars in brief of such exemption in the certificate of registration and its records of registration.

49 · Approval of the plate bearing registration mark. - The registration mark displayed on the motor vehicle by the registered owner shall be got approved by the Registering Authority within thirty days of the assignment of such registration mark. 50. Particulars to be exhibited on transport vehicles. - (1) The particulars to be exhibited on the left hand side of

52A · Grant of temporary registration. - (1) An application for a certificate of temporary registration of period of validity thereof shall be made in Form C.R. Tern. A alongwith the fee prescribed under Rule 43:

58A · Manner of appeals. - (1) An appeal under Rule 41, shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred; and shall be accompanied by a certified copy of that order and a fee prescribed under Rule 44.

62 · Maintenance of State Register of Motor Vehicles. - (1) Every Registering Authority shall furnish a monthly report in duplicate containing particulars required in the form of State Register of Motor Vehicles prescribed by the Central Government to the State Transport Commissioner, within ten days of the each succeeding month.

64 · Registration marks. - Retention of old assignment of preferred number. - The owners of new Motor Vehicles intending assignment of the registration mark and number which stands assigned to any vehicle owned by them earlier of indicating preference for assignment of a particular registration number of their new vehicle, shall be assigned the same number for which they shall be required to pay an extra amount of Rs. 100/- as fee, if the registration number so asked for is available for assignment in the registration register of concerned registering authority, provided registration number of the old vehicle shall not be assigned to the new vehicle unless up-to-date taxes of the old vehicle are paid, (Provided that the State Transport Commissioner may, in special circumstances of the case permit change only once of registration mark of non-commercial vehicle on payment of fees of Rs. 100/-.

65 · State Transport Authority. - (1) The State Transport Authority shall meet at such times and at such places as the Chairman may appoint, provided that it shall meet not less than once in each of the periods of three months of January to March, April to June, July to September and October to December.

67 · Transport Authorities-conduct of business of. - Subject to the provisions of the Act and these Rules, the business of the State Transport Authority and the Regional Transport Authority shall be conducted according to the following sub-rules:-

68 · Delegation of powers by State Transport Authority. - (1) The State Transport Authority may, by general or special resolution recorded in its proceedings, and subject to the restrictions, limitations, and conditions herein specified, delegate to the Chairman or State Transport Commissioner or Additional Transport Commissioner or Joint Transport Commissioner, all or any of its following powers, namely:-

69 · Delegation of powers by Regional Transport Authority. - (1) A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subjects to the restrictions, limitations and conditions herein specified, delegate to the Chairman or Secretary R.T.A./R.T.O., all or any of its following powers, namely:-

72 · Disposal of applications under Chapter V of the Act. - (1) When any application made under Chapter-V of the Act to the Transport Authority is received by the Secretary of the Transport Authority, he shall examine whether the powers to deal therewith have been delegated to any authority or person, and shall forward the application to such authority or person if the powers have been so delegated by the concerned Transport Authority. (2) In cases where the application is required to be considered by the State Transport Authority or the Regional Transport Authority, the concerned Secretary or such authority or person referred to in preceding sub-rule, shall scrutinise the application and call for such further particulars and make such other enquiry as may be considered necessary, and shall, subject to the general directions of the concerned Transport Authority decide whether the application be disposed off by the circulation procedure or at a meeting of the Transport Authority. (3) Normally, the application referred to in sub-rule (1) or sub-rule (2), shall be disposed off within one month of receipt thereof.

100 · 00

100 · 00

50 · 00

50 · 00

50 · 00

50 · 00

75 · Exemption from payment of fees. - The State Government may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, any person or class of persons from payment of all or any portion of the fees payable under Chapter-V of the Act.

76 · Communication between the Transport Authorities. - (i) Whenever the original Transport Authority grants or renews a permit to be operative in any other region or regions within the State by extending its validity under Rule 81, it shall intimate the fact of such grant or renewal to the Transport Authority of such other region or regions.

90 · Compulsory fitment of taxi meter. - No motor cab required to be fitted with a taxi meter under Rule 89 (hereinafter referred to as "meter") shall be used in a public place unless:-

91 · Prohibition of use of motor cab with defective meter. -(1) No meter which is in any way defective shall be fitted to any motor, cab and no cab which is fitted with a defective meter shall be used in any public place. (2) Upon service of a notice issued by any officer of the Motor Vehicles Department, on the owner of any motor cab, prohibiting the use of the meter fitted shall at once be removed and the motor cab shall be immediately withdrawn from service. 92. Unauthorized interference with meter. -(1) No person shall break or in any way tamper with any seals or makes placed on a meter or, with an intent to deceive tamper with a meter. (2) No meter shall be altered or modified with the written permission of the State Transport Commissioner. 93. Approval of meters. - (1) An application for the approval of a new or a modified type of a meter shall be made to the State Transport Commissioner and shall be accompanied by two complete specimens of the meter and detailed description with drawings of its mechanism and a fee prescribed under Rule 74.

95 · Rough test of meter its fitment on motor cab. - (1) A meter of any type approved under Rule 93, shall, before being fitted to a motor cab, be sent to the testing institute for a rough test whether the meter accurately registers time and distance and also for examination as regards its external appearance, general action and conformity with the approved type.

96 · Fees, that may be charged by the testing institute. - The following are the maximum fees that may be charged by the testing institutes for different tests:-

99 · Meter repairs. - (1) After it is sealed under Rule 98, no repairs to any meter shall be made except by a maker, or a repairer approved by the Regional Transport Authority.

100 · Revocation of approval of meter. - If on receipt of a complaint from any member of the public or of a report submitted by the Secretary, Regional Transport Authority or an Inspector of motor vehicles or police officers not below the rank of Sub -Inspector of Police, the State Transport Commissioner is satisfied that meters of any type approved under Rule 93, do not record fairs correctly, or develop defects or go out of order at frequent intervals, or have ceased to conform to the requirements of Rule 94, he may, after giving a reasonable opportunity to be heard, to the person on whose application such type of meter was approved and to the person, officer or authority on whose complaint or report as the case may be, the revocation of approval of such type of meter is sought, and after such further enquiry, as he may deem necessary, revoked the approval given to such type of meter, and shall inform the person whose application such type of meter was approved, of his order on the reasons therefore:

103 · Grant of agent's licence. - (1) Any person desiring to obtain an agent's licence shall make an application to the licensing authority in form prescribed under Rule 73, accompanied by a fee prescribed under Rule 74.

104 · Renewal of agent's licence. - The agent's licence may be renewed on an application made in the form prescribed under Rule 73 to the Licensing Authority, and shall be accompanied by the licence and the fee prescribed under Rule 74.

107 · Places to be used for loading and unloading of goods, etc. - (1) The Licensing Authority may, in consultation with the local municipal authority or police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods carriages or for the storage of goods while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking of vehicles, for the purpose of loading or unloading goods carriages provided at such premises as the place of carrying on the business under the licence.

109 · Issue of duplicate permits or licences. - (1) If a permit or a countersignature of a permit is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original Transport Authority and shall apply for the issue of a duplicate copy thereof in the form prescribed under Rule 73, alongwith a fee prescribed under Rule 74. (2) If an agent's licence issued under Rule 101, or under Rule 103 is lost, destroyed, torn, defaced or mutilated, the holder of the licence shall forthwith report the matter to the original Transport Authority and shall, apply for the issue of a duplicate copy of a licence in the form prescribed under Rule 73, alongwith a fee prescribed under Rule 74. (3) Upon the receipt of such report the Transport Authority shall after making such enquiries as it may think fit, if satisfied that a duplicate copy may properly be issued, issue a duplicate copy of the permit or countersignature or the licence, as the case may be, duly stamped "Duplicate" in red ink, and the seal of the Transport Authority. (4) Where a duplicate copy has been issued upon representation that a permit or countersignature of licence has been lost, and the original is afterwards found or received by the holder, the holder shall immediately return the duplicate copy to the issuing authority.

112 · Procedure in appeal and revision. - After the State Transport Appellate Tribunal has appointed a time and place for the hearing of an appeal under Section 89 or a revision application under Section 90, it shall give an intimation to the authority against whose orders the appeal or revision application is made and also to the appellant or applicant and such appellant or applicant shall within fourteen days of the receipt of intimation forward to the State Transport Appellate Tribunal a list of documents upon which he proposes to rely together with copies of such documents in duplicate, and may appear before the State Transport Appellate Tribunal in person or through a duly authorised representative on the appointed date and at subsequent hearings.

117 · Determination of passengers carrying capacity of public service vehicle. -Notwithstanding anything contained in the Rules, no public service vehicle other than a motor cab shall be licensed to carry a number of passengers in excess of that number obtained by subtracting 90 kilograms from the difference in kilogram between the gross vehicle weight and unladen weight of the vehicle and dividing the resulting figure(i) by 60, in the case of double decked vehicles and single decked vehicles operated exclusively within the municipal and cantonment areas; and (ii) by 70, in the case of other single decked vehicles. 118. Conduct of persons using stage carriages. - (1) If at any time a passenger or person using or intending to use a stage carriage(i) obstructs any authorised employee of the permit holder in the execution of his duties, or (ii) has bulky luggage which obstructs, annoys, inconveniences another passenger or is likely to do so, or (iii) carries any animal bird, flesh or fish (other than tinned food in its original packing), any instrument, implement, substance or any other article which annoys or inconveniences or is offensive any other passenger likely to do, or be, so, or (iv) without lawful excuse occupies any seat exclusively reserved for female passengers, or (v) sings or plays upon any musical instrument, or (vi) rings without lawful excuse, or otherwise, interferes with any signal of the stage carriage, or (vii) is reasonably suspected to be suffering from any contagious or infectious disease, or (viii) knowingly or intentionally enters a stage carriage which is carrying the maximum number of passengers according to the seating capacity specified in the certificate of registration of the vehicle and any additional number of standees permitted under the terms of the permit, or (ix) has a dress or clothing, which is likely to soil or damage the seats or the dress or clothing of another passenger or which for any other reason is offensive to other passengers, or (x) commits or abets any breach of the provisions of the Act or the Rules made thereunder; the driver or the conductor may require such person to alight from the vehicle forthwith and may stop the vehicle or keep it stationary until such person has alighted. Such person shall not be entitled to a refund of any fare which he may have paid; and any person failing to comply forthwith with such a requirement may be forcibly removed by the conductor or the driver or any police officer on being requested by the driver or conductor or any passenger in that behalf, and shall also be guilty of an offence. (2) No passenger, or person using or intending to use a stage carriage shall(i) refuse to pay the legal fare, or (ii) refuse to show any ticket on demand by any authorised person, or (iii) refuse to pay a fresh fare when he has altered or defaced his ticket so as to render the number or any portion thereof illegible, or (iv) behave in a disorderly manner, or (v) behave in a manner likely to cause alarm or annoyance to any female passenger, or (vi) use abusive language, or (vii) molest any other passenger, or (viii) spit, eject betel nut juice, or (ix) smoke, in any vehicle on which a notice prohibiting smoking is exhibited, or (x) enter or leave or attempt to enter or leave any stage carriage while it is in motion and except at a bus stop, or (xi) enter or attempt to enter into or alight or attempt to alight from a stage carriage except by the entrance or exit provided for the purpose, or. (xii) enter a stage carriage without first permitting passengers to alight in case separate exit is not provided, or (xiii) mount the driver's platform or talk with the driver or interfere with the driving of the vehicle or otherwise distract the attention of the driver of a stage carriage while he is driving, or

128 · Prohibition of painting or marking of transport vehicle in certain manner. - (1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order. (2) A transport vehicle when regularly used for carrying Government mail by or under a contract with the Indian Posts and Telegraphs Department, shall be painted in postal red colour and shall exhibit in a conspicuous place upon a plate or on a plain surface of the motor vehicle the word "MAIL" in red colour on a white ground, each letter being not less than 15 centimeters in height and of a uniform thickness of 20 millimetres. (3) Same as aforesaid no stage carriage or contract carriage shall be painted in postal red colour or display any sign or inscription which includes the word "MAIL": Provided that a stage carriage belonging to the State Transport Undertakings may be partly colour in red, if such colour is of a shade distinct from that used on vehicles carrying Government mail. 129. Power to inspect tax meters. - Any police officer in uniform not below the rank of a Sub-Inspector of Police or any officer of the Motor Vehicles Department, of and above the rank of an Assistant Inspector of Motor Vehicle, in uniform may, if he has reason to believe that a motor cab fitted with a meter has been or is being plied with the meter which is defective or have been tampered with, stop such motor cab and in order to test such meter direct this driver or the person -in -charge of such motor cab to proceed to the nearest testing institute and take or cause to be taken such other steps as he may consider proper for the purpose. 130. Power to inspect transport vehicle and their contents. - (1) Any police officer in Uniform not below the rank of a Sub -Inspector of Police or any Officer of the Motor Vehicles Department in uniform, may at any time when a goods carriage is in a public place call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable such officer to make reasonable examination of the contents of the vehicle. (2) Notwithstanding anything contained in sub-rule (1) such officer shall not be entitled to examine the contents of any goods carriage unless:-

131 · Power to inspect business premises. - Any officer of the Motor Vehicles Department, of and above the rank of an Assistant Motor Vehicles Inspector, or any other person authorised in this behalf by the State Government may, enter at all reasonable time any premises used by the permit holder for his business, for the purpose of inspection of such premises.

132 · Fixing the hours of work in advance. - The State or a Regional Transport Authority may require persons employing any person for the purpose of driving a transport vehicle, to make, to the satisfaction of the said authority, such time -table, schedule or regulation, as may be necessary, fixing before hand, the hours of work of the persons employed by him, and upon approval by such authority of any time-table, schedule or regulation as aforesaid, it shall be the record of the hours of work fixed for the persons concerned for the purpose of sub-section (3) and sub-section (4) of Section 91.

134 · Form of scheme for State Transport Undertaking. - (1) The proposal of a scheme or modification of approved scheme to be prepared by the State Government under the provisions of Section 99 or Section 102, shall be in Form S.

135 · Manner of filing objections to the proposal of a scheme. - Any person, association or authority desiring to file any objection to the proposal of a scheme or to the modification of approved scheme shall do so in the form of a memorandum addressed to the Secretary to the State Government in Transport Department.The memorandum shall set forth concisely the grounds for the objections to the scheme, and shall in addition contain the following particulars namely-

136 · Manner of considering objections. - (1) The Secretary to Transport Department may consider the proposal of a scheme or modification of approved scheme and the objections at a hearing of which at least 7 days notice shall be given to every objector and the State Transport Undertaking.

137 · Publication of the scheme or the modification of approved scheme. - The scheme to be published under subsection (3) of Section 100 of the modification thereof shall, as far as may be practicable, be in Form A. S. S. T. U. 138. Manner of service of orders under Chapter-VI. - Every order under Chapter-VI of the Act shall be served:-

139 · Unclaimed articles. -When at the conclusion of any journey any unclaimed article is found in any transport vehicle operated by the State Transport Undertaking the same shall be disposed of in accordance with the provisions of Rule 116.

140 · Application for permit under Chapter-VI of the Act. - Every application for permit shall be made in the form prescribed under Rule 73 and shall be accompanied by a fee prescribed under Rule 74 and shall be made not less than two weeks before the date on which it is desired that the permit shall take effect.

141 · General. -(1) No person shall use and no person shall cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in this chapter, or with the rules made by the Central Government under Chapter-VI I of the Act or with any order made thereunder by a competent authority: Provided that any officer of the Motor Vehicles Department of and above the rank of an Assistant Motor Vehicle Inspector may not permit the use of a motor vehicle with defective brakes or lights, if in the opinion of such officer, the use of such defective vehicle constitutes the danger to the public, until the defect is remedied. (2) Any person who drives or causes or allows to be driven in any public place, any motor vehicle which does not comply with rules contained in this chapter or with rules made by the Central Government under Chapter-VI I of the Act or with any order made thereunder by a competent authority shall be deemed to be using such vehicle in unsafe condition for the purposes of Section 190. 142. Rear view Mirror. -Every motor vehicle shall be fitted with a mirror, so placed that the driver shall be able to a clear and distinct vision of vehicles approaching from the rear.

143 · Springing. - Every motor vehicle and every trailer drawn thereby shall be equipped with suitable and sufficient system between the road, wheels and the frame of the vehicles, and it shall be adequately maintained in good and sound condition. Provided that this rule shall not apply to:-

151 · Stability. - (1) The stability of a double decked public service vehicle shall be such that when loaded with weights of 50 kilograms per person placed in the correct relative position, to represent the driver and conductor (if carried), and a full complement of passengers on the upper deck only, if the surface on which the vehicle rests were tilted to either side to an angle of 28 degrees from the horizontal, the point at which over turning occurs would not be reached. (2) The stability of a single-decked public service vehicle other than a motor cab and maxi cab: shall be such that under any conditions of load at an allowance of 68 kilograms per passenger and his personal luggage, for which the vehicle is registered, if the surface on which the vehicle rests was tilted to either side to an angle of 35 degrees from the horizontal, the point at which over turning occurs would be reached.

163B · Agency to issue under control certificate. - (1) Every Registering Authority, every Motor Vehicles Inspector and Pollution Testing Station authorised by the Licensing Authority shall be the competent agency to issue pollution control certificate. (2) Validity of Pollution Control Certificate. - The period of validity of pollution control certificate shall be one year for commercial vehicles or 3 years for private vehicle from the date of issue. (3) Format of the Pollution under control certificate. - The format of pollution under control certificate in triplicate shall be in Form PUC. It shall be rectangular in shape, with a measurement of 102 mm x 76 mm, colour shall be green with letters printed in red.

163C · Fees for testing of vehicle and issue of pollution control certificate shall be as follows: -

163D · Establishment of Pollution Testing Station. - No person shall establish or maintain any Pollution Testing Station for testing emission levels of gases and smoke of Motor Vehicle as specified under sub-rules (2), (3), (4) and (5) of Rule 115 of the Central Motor Rules, 1989 for the purpose of issuing a pollution under control certificate if he has not obtained a licence in Form L.T.S. from the licensing authority.

163E · Issue and Renewal of licence. -(1) An application for the grant or renewal of a licence shall be made in Form L.T.S. or Form L.T. SAR as the case may be, to the licensing authority.

163F · Power of the licensing authority to suspend or cancel a license. - (1) The Licensing Authority may, by an order in writing suspend or cancel the licence granted under sub-rule 4 of Rule 163E after giving the holder of the licence an opportunity of being heard, if the licence holder has-

163G · Procedure and Fees for Appeal. - Any person aggrieved by an order of the Licensing Authority under sub-rules (5), (6) of Rule 163E or Rule 163F may file an appeal to the Secretary, Department of Transport within thirty days from the date of the order.

185 · Restriction on length of train or vehicle and trailers. - The sum-total of the length of any vehicle and it's attached trailer or trailers shall not exceed 18 meters.

188 · Extent of application of Section 130. - No person shall be liable to be convicted of an offence under Section 130, if at the time when the document referred to in the said section is required to be produced on demand by the checking officer, he has-

196 · Use of protective head gear. - Every person driving or riding (otherwise than in a side car) on a motorcycle shall wear a protective head gear, that is, a helmet which by virtue of its shape, material and construction could be expected to afford to the person driving a motorcycle, a degree of protection from injury in the event of an accident: Provided that the following shall operate as an exception to the provisions of Section 129, of the Act-

217 · Trailer prohibited with motorcycles and invalid carriage. - (a) No motorcycle shall draw a trailer exceeding 265 kilograms, in weight unladen or 152 centimeters, in overall width.

218 · Prohibition of attachment of trailer to certain vehicles. -No motor vehicle which exceeds 792 centimeters, in length shall draw a trailer: Provided that this rule shall not apply to any disabled motor vehicle being towed in consequence of disablement. 219. Attendants on trailers. -(1) When a trailer is or trailers are being drawn by a motor vehicle, there shall be carried in the trailer or trailers or on the drawing motor vehicle, as the case may be, the following person, not being less than twenty years of age and competent to discharge their duties, that is to any:-

220 · Distinguishing mark for trailers. - (a) No person shall drive, or suffer or cause to be driven, in any public place any motor vehicle to which trailer is or trailers are attached unless there is exhibited on the back of trailer or of trailers or of the last trailer in train, as the case may be, a distinguishing mark in the form set out in the diagram contained in the fifth schedule to these rules in white on a background.

221 · Attendant. -Every locomotive shall carry not less than one attendant, being a competent person of over twenty years in age, in addition to the driver, to assist the driver in the management of the locomotive.

222 · Other authority under Section 147(4). - The other authority to whom the Insurer is required to notify under subsection (4) of Section 147, shall be the Registering Authority in whose jurisdiction the owner of the vehicle to which cover note relates, has the residence or place of business where the vehicle is normally kept.

223 · Production of certificate of Insurance under Section 159. -The owner of a motor vehicle applying to pay tax on the vehicle or in the case of a vehicle which is exempted from payment of tax under the Act, when applying for exemption, shall forward with the application a valid certificate of insurance of sub-section (4) of Section 147 of Act relating to the vehicle and complying with the requirements of Chapter-XI of the Act and valid-

225 · The power exercisable by a Police Officer under Section 158. - Shall be exercisable also by any officer of the Transport Department not below the rank of an Assistant Motor Vehicle Inspector.

226 · Procedure regarding compensation arising out of accident. - (1) An application for compensation under subsection (1) of Section 166 shall be made to the Claims Tribunal in Form Comp. A. and shall contain the particulars specified in that Form.

228 · Exercise of powers of Civil Court. - The Claims Tribunal may exercise all the powers of a Civil Court save in so far as the same are not inconsistent with the provisions of the Motor Vehicles Act, 1988 and the Rules made thereunder.

229 · Diary of the proceedings. - The Claims Tribunal shall maintain a brief diary of the proceedings on an application for compensation. 230. Assistance of Experts. - (1) The Claims Tribunal may for the purpose of adjudicating upon any claim for compensation other than a claim for compensation, under Section 140, choose not more than two person having technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal in the holding of the enquiry. (2) The expert shall perform such functions as the Tribunal may direct. (3) The remuneration, if any, to be paid to the expert shall in every case be determined by the Tribunal. 231. Appearance of legal practitioner. - The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practitioner. 232. Examination of applicant. - On receiving an application under Rule 226, the Claims Tribunal may examine the applicant upon oath, and the substance of such examination shall be reduced in writing and shall be signed by the member constituting the Tribunal or as the case may be, the Chairman. 233. Summary dismissal of application. - (1) The Claims Tribunal may, after considering the application and the statement, if any, of the applicant, recorded under Rule 232, summarily dismiss the application, if for reasons to be recorded, the Tribunal is of opinion that there are not sufficient grounds for proceeding therewith. 234. Notice to opposite party. - If the application is not dismissed under Rule 233, the Claims Tribunal shall send the insurer or the owner or the driver of the motor vehicle against whom the applicant claims relief (hereinafter referred to as 'opposite party'), a copy of the application and if the claim in the application does not exceed Rs. 10,000/- also copies of all the documents and affidavits, together with a list thereof filed by the applicant under sub-rule (4) of Rule 226, together with a notice of the data on which it shall dispose of the application, and may, in case in which the claim in the application exceeds Rs. 10,000/- call upon the parties to produce on that date any evidence which they may wish to tender. 235. Examination of opposite party. - The opposite party may and if so required by the Claims Tribunal, shall at or before the first hearing or within such time as the Claims Tribunal may permit, file a written statement dealing with the claim raised in the application, and any such written statement shall form part of the record, provided that in case of an application in which the claim does not exceed Rs. 10,000/- the opposite party shall, on the date mentioned in the notice sent to him, file his written statement dealing with the claim raised in the application together with all the documents and affidavits for the proof of those documents and of facts on which he relies in support of his defence of the application entered in a properly prepared list of documents, affidavits and shall give to the applicant copies of the written statement, documents and affidavits: Provided further that the Claims Tribunal may not allow the opposite party to rely in support of his defence, on any document or affidavit not filed along with the written statement, unless he satisfies the Claims Tribunal that for good or sufficient cause he was prevented from filing such document or affidavit, as the case may be, alongwith his written statement. (2) If the opposite party contests the claim, the Claims Tribunal may, and if no written statement has been filed, shall proceed to examine him upon the claim and shall reduce the result of the examination in writing. 236. Framing of issue. - After considering any written statement and the result of any examination of the parties, the Claims Tribunal shall ascertain upon what material prepositions of fact or of law the parties are at variance and shall proceed to frame and record the issue upon which the right decision of the case appears to it to depend. 237. Determination of issue. -After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce. 238. Summoning of witnesses. - If an application is presented by any party to the proceedings for citation of witnesses the Claims Tribunal shall, on payment of such expense and fees, if any, as it may determine, issue summons for the appearance of such witnesses, unless it considers that their appearance is not necessary for a just decision of the case. 239. Recording of evidence. - The member constituting the Claims Tribunal or the Chairman thereof shall make a brief memorandum of the substance of the evidence of every witness as examination of the witness proceeds and such memorandum shall be written and signed by the member or the Chairman thereof with his own hand and shall form part of the record: Provided that if the member or the Chairman is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record: Provided further that the evidence of any meticulous witness shall be taken down as early as may be, word for word. 240. Local inspection. - (1) The Claims Tribunal may, at anytime during the course of an enquiry before it, visit the site at which the accident occurred, for the purpose of making a local inspection or examining any person likely to be able to give information relevant to proceedings. (2) Any party or the representative of any party may accompany the Claims Tribunal for local inspection. (3) The Claims Tribunal, after making a local inspection shall note briefly in a memorandum any facts observed, and shall show the memorandum to any party who desires to see the same, and shall supply, any party, with a copy thereof. (4) The memorandum shall form part of the record. 241. Summary examination. - (1) The Claims Tribunal during a local inspection or at any other time, save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relating to such case's whether such persons has been or is to be called as a witness in the case or not, and whether any or all of the parties are present or not. (2) No oath shall be administered to a person examined under sub-rule (1). 242. Recording of reasons for postponement. - If the Claims Tribunal finds it impossible to dispose of an application at one hearing, it shall record the reasons which necessitate the postponement. 243. Judgement. - The Claims Tribunal, in passing orders, shall record concisely in a Judgement the findings on each of the issue framed and its reasons for such findings.

244 · Application of Code of Civil Procedure. - In so far as these rules make no provision or make in sufficient provision, the Claims Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908) for the trial of suits.

245 · Savings. - Notwithstanding anything contained in these rules--(a) in the case of claim under Section 140 and in the case of any other claim not exceeding an amount of Rs. 10,000/- the Claims Tribunal may, at its discretion, after hearing the arguments of the parties, or of their legal practitioners if allowed under Rule 231 and after examining the documents, and affidavits accompanying the application for compensation decide the claim by recording a concise judgement and, (b) in case of a claim exceeding an amount of Rs. 10,000/- but not exceeding Rs. 25,000/- the Claims Tribunal may, at its direction, follow the provisions of Order XIX of the Civil Procedure Code:

246 · Procedure regarding compensation on the principle of no fault. - Notwithstanding anything contained in Rules 226, 245 and 247 in the case of a claim for compensation under Chapter X of the Act, the procedures shall be as follows, namely:-

250 · Temporary acknowledgement in lieu of driving licence. - (1) Where police officer or an officer of the Motor Vehicles Department or other Competent Authorities has taken temporary possession of a driving licence from the holder, under the provisions of Section 206 or for any other purpose, such officer or authority, shall unless the driving licence has been suspended or cancelled, issue a temporary acknowledgement in Form L.Temp, to the holder, authorising such holder to drive such class of vehicles, during such period as may be specified therein; and during that period, the production of such temporary acknowledgement on demand, shall be deemed to be the production of the driving licence:

253 · Refund of fees. -(1) If the State Transport Commissioner, the Regional Transport Officer, The Assistant Regional Transport Officer, as the case may be, is satisfied that the amount paid is in excess or that it is paid erroneously, towards fees under these rules or that it is required to be refunded under the provisions of the Central Motor Vehicles Rules, 1989, he shall issue to the person entitled to the refund of such amount a certificate in Form R.F. (2) Any person to whom a certificate in Form R.F. has been issued under sub-Rule (1) shall, on presentation of the certificate at the local Government Treasury, the State Bank of India or any other bank conducting the cash business of the State Government, within 90 days from the date of its issue or from the date of signification of any subsequent renewal of the certificate by the issuing authority, be entitled to receive the refund of the amount mentioned therein. (3) The authority mentioned in sub-rule (1) shall maintain a register of refund the fees and every amount for which a certificate in Form R.F. has been issued, shall be entered in such register. 254. Powers of officers of Motor Vehicles Department. - Any officer of the Motor Vehicles Department, of above the rank of an Assistant Inspector of Motor Vehicles shall exercise the powers under the provisions of Sections 114 (1), (2) and (3), 132(1), 133, 134(b), 136, 158(1) and (4), 206, 207 and 213, subject to the restrictions imposed therein. 255. Performance of functions by officers of the Motor Vehicles Department. - Notwithstanding anything contained in these Rules -

256 · Uniform for the officers of the Motor Vehicles Department. - The Uniform for the Deputy Director of Transport, Regional Transport Officer, Assistant Director of Transport, Motor Vehicles Inspector and Assistant Motor Vehicles Inspector shall be as follows:-

259 · The officers shall in addition to any other function prescribed under the Act, and these Rules, discharge the functions mentioned below against their respective name. -

1 · I hereby apply for the issue/renewal of a certificate of fitness in respect of Motor Vehicle No /unregistered vehicle, the particulars of which are specified below:-

1 · In accordance with the approval granted/deemed to have been granted. I have carried out following alteration in my motor vehicle no......................

1 · hereby report that the certificate of temporary registration/fitness in respect of M.V. No.................... is lost/destroyed/torn/defaced/mutilated in the following circumstances:

2 · The details of last three year's record of payment of taxes in respect of vehicles stated in item no.1 above......

3 · The details of last three year's record of suspension or cancellation of any permit stated in item no.1 above........

4 · The details of payment of taxes and validity of documents in respect of vehicles covered by this permit/countersignature.

8 · Hire

4 · The above authorisation is hereby extended until on the same conditions, with effect from.........