The Motor Vehicles Act, 1988
213. Appointment of motor
vehicles officers.
- The State Government may,
for the purpose of carrying into effect the provisions of this Act, establish a
Motor Vehicles Department and appoint as officers thereof such persons as it
thinks fit.
- Every such officer shall be
deemed to be a public servant within the meaning of the Indian Penal Code. (45
of 1860.)
- The State Government may
make rules to regulate the discharge by officers of the Motor Vehicles
Department of their functions and in particular and without prejudice
to the generality of the foregoing power to prescribe the uniform to
be worn by them, the authorities to which they shall be subordinate,
the duties to be performed by them, the powers (including the powers
exercisable by police officers under this Act) to be exercised by
them, and the conditions governing the exercise of such powers.
- The Central Government
may, having regard to the objects of the Act, by notification in
the Official Gazette, prescribe the minimum
qualifications which the said officers or any class thereof
shall possess for being appointed as such.
- In addition to
the powers that may be conferred on any officer of
the Motor Vehicles Department under sub-section (3), such officer as
may be empowered by the State Government in this behalf shall
also have the power to,--
- Make such examination and
inquiry as he thinks fit in order to ascertain whether the provisions of this
Act and the rules made there under are being observed;
- with such assistance,
if any, as he thinks fit, enter, inspect and search any premises
which is in the occupation of a person who, he has reason to
believe, has committed an offence under this Act or in which a motor
vehicle in respect of which such offence has been committed is kept:
Provided that,--
- any such search
without a warrant shall be made only by an officer of the rank of a gazetted
officer;
- where the offence is
punishable with fine only the search shall not be made after sunset and before
sunrise;
- where the search is
made without a warrant, the gazetted officer concerned shall record in
writing the grounds for not obtaining a warrant and report to his
immediate superior that such search has been made;
- examine any person
and require the production of any register or other document
maintained in pursuance of this Act, and take on the spot or otherwise
statements of any person which he may consider necessary for
carrying out the purposes of this Act;
- seize or take
copies of any registers or documents or portions thereof as he
may consider relevant in respect of an offence under this Act
which he has reason to believe has been committed;
- launch prosecutions in
respect of any offence under this Act and to take a bond for
ensuring the attendance of the offender before any
court;
- Exercise such other powers
as may be prescribed:
Provided that no person
shall be compelled under this sub-section to answer any question or make any
statement tending to incriminate himself.
- The provisions of the
Code of Criminal Procedure, 1973 (2 of 1974.) shall, so far as may
be apply to any search or seizure under this section as they apply
to any search or seizure under the authority
of any warrant issued under section 94 of that Code.
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