Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.
Simplified Explanation
Section 106 of the Motor Vehicles Act addresses the procedure for dealing with articles that are left behind or found in public transport vehicles such as buses, taxis, or other vehicles used for commercial purposes. This provision ensures that lost or forgotten items are handled in a responsible and lawful manner by the transport operators or authorities.
Key Aspects of Section 106
- Articles Found in Public Transport Vehicles:
- When an item is found in a vehicle used for public transport, such as a bus, taxi, or other contract carriages, the transport operator or staff is responsible for the safe handling and proper disposal of that item.
- The section covers all kinds of articles that passengers may leave behind, such as bags, personal belongings, or valuables.
- Reporting and Record-Keeping:
- The transport operator or the person in charge of the vehicle is typically required to report the found article to the appropriate authority or office designated by the government (such as the transport department or the police).
- A record of the found article, including details such as the description of the item, the time and place it was found, and any attempts to locate the owner, should be maintained.
- Safekeeping and Storage:
- The article must be stored safely until it can either be returned to its rightful owner or legally disposed of according to the rules set by the government or transport authority.
- Operators should ensure that the item is protected from damage or theft during this period.
- Return to Owner:
- If the owner of the article can be identified and located, the transport operator or relevant authority should make reasonable efforts to return the item.
- The owner may be required to provide identification or proof of ownership to claim the lost item.
- Disposal of Unclaimed Items:
- If the article is not claimed within a certain period (which may vary depending on state regulations), the transport authority may dispose of the item.
- Disposal could involve selling the item, donating it, or destroying it if it is of no value. The rules for disposal are usually set by the state or regional transport authority.
- Legal and Regulatory Framework:
- State governments or transport authorities may issue detailed rules regarding the procedure for handling lost and found articles, including time limits for claiming items and methods of disposal.
Impact on Stakeholders
- For Transport Operators:
- They are responsible for handling any lost articles in compliance with the law. This includes safeguarding the items, reporting them, and attempting to return them to their rightful owner. Operators must also ensure that their staff is trained on how to deal with lost property.
- For Passengers:
- Passengers benefit from knowing that any items they accidentally leave behind in public transport vehicles will be handled appropriately. They have a legal avenue to reclaim their lost belongings, provided they report the loss in a timely manner and provide proof of ownership.
- For Regulatory Authorities:
- The authorities are responsible for overseeing the process and ensuring that lost articles are managed and disposed of according to the law. They may also establish guidelines for operators to follow.
Example of Application
Imagine a passenger leaves behind a bag on a public bus. The bus driver discovers the bag at the end of the route and reports it to the local transport office. The bag is stored securely, and an attempt is made to contact the owner if possible. If the owner does not come forward within the designated time, the transport authority may dispose of the bag according to the rules in place, which could involve donating it or auctioning it off.In summary, Section 106 of the Motor Vehicles Act outlines the procedure for handling and disposing of articles found in public transport vehicles. It ensures that lost items are managed responsibly by transport operators and authorities, giving passengers the opportunity to recover their belongings or have them disposed of properly if unclaimed.
