Page 43 - The Motor Vehicles Act, 1988

SECTION 39 THE MOTOR VEHICLES ACT, 1988 29

(c) the minimum educational qualifications of conductors; their duties and
functions and the conduct of persons to whom conductor’s licences are
issued;
(d) the form of application for conductor’s licences or for renewal of such
licences and the particulars it may contain;
(e) the form in which conductor’s licences may be issued or renewed and the
particulars it may contain;
(f) the issue of duplicate licences to replace licences lost, destroyed or
mutilated, the replacement of photographs which have become obsolete
and the fees to be charged therefor;
(g) the conduct and hearing of appeals that may be preferred under this
Chapter, the fees to be paid in respect of such appeals and the refund of
such fees:
PROVIDED that no fee so fixed shall exceed twenty-five rupees;
(h) the badges and uniform to be worn by conductors of stage carriages and
the fees to be paid in respect of such badges;
(i) the grant of the certificates referred to in sub-section (3) of section 30 by
registered medical practitioners and the form of such certificates;
(j) the condition subject to which, and the extent to which, a conductor’s licence
issued in another State shall be effective in the State;
(k) the communication of particulars of conductor’s licences from one authority
to other authorities; and
(l) any other matter which is to be, or may be, prescribed.
CHAPTER IV
REGISTRATION OF MOTOR VEHICLES
39. Necessity for registration
No person shall drive any motor vehicle and no owner of a motor vehicle shall
cause or permit the vehicle to be driven in any public place or in any other place unless
the vehicle is registered in accordance with this Chapter and the certificate of registration
of the vehicle has not been suspended or cancelled and the vehicle carries a registration
mark displayed in the prescribed manner:
PROVIDED that nothing in this section shall apply to a motor vehicle in possession
of a dealer subject to such conditions as may be prescribed by the Central Government.
COMMENT

Section 39 casts a prohibition on the driving of any vehicle by a person unless the same is
registered. Where such a provision is not complied with, it does not have the effect of postponing
the transfer of property in the vehicle from buyer to seller.—Anand Sarup Sharma v. P.P. Khurana
AIR 1989 Del 88