The Motor Vehicles Act, 1988
12.
Licensing and regulation of schools or establishments for
imparting instruction in driving of motor vehicles.
- The Central Government may
make rules for the purpose of licensing and regulating, by the State
Governments, schools or establishments (by whatever name called) for imparting
instruction in driving of motor vehicles and matters connected therewith.
- In particular, and without
prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following
matters, namely:--
- licensing of such
schools or establishments including grant, renewal and revocation of such licences;
- supervision of such schools
or establishments;
- the form of application
and the form of licence and the particulars to be contained therein;
- fee to be paid with the
application for such licences;
- conditions subject
to which such licences may be granted;
- appeals against the
orders of refusal to grant or renew such licences and appeals against the
orders revoking such licences;
- conditions subject to
which a person may establish and maintain any such
school or establishment for imparting
instruction in driving of motor vehicles;
- nature, syllabus and
duration of course or courses for efficient instruction in driving any motor
vehicle;
- apparatus and
equipments (including motor vehicles fitted with dual
control) required for the purpose of imparting such instruction;
- suitability of the
premises at which such schools or establishments may be established
or maintained and facilities to be provided therein;
- qualifications,
both educational and professional (including
experience), which a person imparting instruction in driving a
motor vehicle shall possess;
- inspection of such
schools and establishments (including the services rendered by them and the
apparatus, equipments and motor vehicles maintained by them for
imparting suchinstruction);
- maintenance
of records by such schools
or establishments;
- financial stability of such
schools or establishments;
- the driving
certificates, if any, to be issued by such schools or establishments
and the form in which such driving certificates shall
be issued and the requirements to be complied with for the purposes of issuing
such certificates;
- such other matters as
may be necessary to carry out the purposes of this section.
- Where the
Central Government is satisfied that it is
necessary or expedient so to do, it may, by rules made in this behalf,
exempt generally, either absolutely or subject to such conditions as
may be specified in the rules, any class of schools or establishments
imparting instruction in driving of motor
vehicles or matters connected therewith from the provisions of
this section.
- A school or
establishment imparting instruction in driving of motor vehicles or matters
connected therewith immediately before the commencement of this Act whether
under a licence or not, may continue to impart such instruction without a
licence issued under this Act for a period of one month from such
commencement, and if it has made an application for such licence under this
Act within the said period of one month and such application is in the
prescribed form, contains the prescribed particulars and is accompanied by the
prescribed fee, till the disposal of such application by the licensing
authority.