Page 169 - The Motor Vehicles Act, 1988

SECTION 199A THE MOTOR VEHICLES ACT, 1988 155

(c) the state of repair in which road users would have expected to find the
road;
(d) whether the designated authority responsible for the maintenance of the
road knew, or could reasonably have been expected to know, that the
condition of the part of the road to which the action relates was likely to
cause dangaer to the road users;
(e) whether the designated authority responsible for the maintenance of the
road could not reasonably have been expected to repair that part of the
road before the cause of action arose;
(f) whether adequate warning notices through road signs, of its condition
had been displayed; and
(g) such other matters as may be prescribed by the Central Government.
Explanation : For the pruposes of this section , the term “contractor” shall include
sub-contractors and all such persons who are responsible for any stage in the design,
construction and maintenance of a stretch of road]
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 the 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.
Explanation: 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.
1 [199A. Offences by Juveniles

(1) Where an offence under this Act has been committed by a juvenile, the guardian
of such juvenile or the owner of the motor vehicle 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 such guardian or owner
liable to any punishment provided in this Act, if he proves that the offence was
1 Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO
3110(E), dt. 28-8-2019.