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The Motor Vehicles Act, 1988

213. Appointment of motor vehicles officers.

  1. 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.
  2. Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code. (45 of 1860.)
  3. 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.
  4. 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.
  5. 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,--
  1. 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;
  2. 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,--

  1. any  such search  without a  warrant shall  be made only by an officer of the rank of a gazetted officer;
  2. where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;
  3. 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;
  1. 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;
  2. 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;
  3. 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;
  4. 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.

  1. 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.

Motor Vehicles Act, 1988 Back

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