Page 180 - The Motor Vehicles Act, 1988
P. 180

166  THE MOTOR VEHICLES ACT, 1988                             SECTION 215

                                    (iii) 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;
                                 (c) 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;
                                 (d) seize or take copies of any registers or documents or portion thereof as he
                                     may consider relevant in respect of an offence under this Act which he has
                                     reason to believe has been committed;
                                 (e) launch prosecution in respect of any offence under this Act  and to take a
                                     bond for  ensuring the attendance of the offender before any court;
                                 (f) 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.
                               (6) 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 the Code.
                          214. Effect of appeal and revision on orders passed by original authority

                               (1) Where an appeal has been preferred or an application for revision has been
                          made against any order passed by an original authority under this Act, the appeal or
                          the  application for revision shall not operate as a stay of the order passed by the original
                          authority and such order shall remain in force pending the disposal of the appeal or the
                          application for revision, as the case may be, unless the prescribed appellate authority
                          or revisional authority otherwise directs.
                               (2) Notwithstanding anything contained in sub-section (1), if an application made
                          by a person for the renewal of permit has been rejected by the original authority and
                          such person has preferred an appeal or made an application for revision under this Act
                          against such rejection, the appellate authority or, as the case may be, the revisional
                          authority may by order direct that the permit shall, notwithstanding the expiration of
                          the term specified therein, continue to be valid until the appeal or application for revision
                          is disposed of.
                               (3) No order made by a competent authority under this Act shall be reversed or
                          altered on appeal or revision on account of any error,  omission or irregularity in the
                          proceedings, unless it appears to the prescribed appellate authority or revisional
                          authority, as the case may be, that such error, omission or irregularity has, in fact,
                          occasioned a failure of justice.
                          215. Road Safety Councils and Committees
                               (1) The Central Government may, by notification in the Official Gazette, constitute
                          for the country a National Road Safety Council consisting of a Chairman and such
                          other members as that government considers necessary and on such terms and conditions
                          as that government may determine.
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