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.