(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and, in particular and without prejudice to the generality of the foregoing power, to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such.
(5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to—
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed;
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept:
Provided that—
(i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer;
(ii) where the offence is punishable with fine only, the search shall not be made after sunset and before sunrise;
(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 portions 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 prosecutions 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 that Code.
Simplified Explanation
Section 213 of the Motor Vehicles Act deals with the appointment of motor vehicle officers by the government to oversee the implementation and enforcement of the provisions of the Act. These officers are responsible for regulating and supervising activities related to motor vehicles, including ensuring compliance with laws regarding vehicle registration, licensing, road safety, permits, and more.
Overview of Section 213
This section focuses on:
- The appointment of motor vehicle officers by the Central Government or State Government.
- Defining the powers and responsibilities of these officers in enforcing the Motor Vehicles Act.
- Establishing the roles of various officers, such as Motor Vehicles Inspectors, Assistant Inspectors, or other officers designated by the government.
Key Elements of Section 213
- Appointment of Officers:
- The Central Government or State Government is empowered to appoint motor vehicle officers to oversee and enforce the provisions of the Motor Vehicles Act. These appointments are crucial for the day-to-day functioning of the transport department and the implementation of motor vehicle laws.
- Officers appointed under this section may include:
- Transport Commissioners
- Motor Vehicles Inspectors (MVIs)
- Assistant Motor Vehicles Inspectors (AMVIs)
- Other officers with designated duties as required by the law.
- Duties and Responsibilities:
- The officers appointed under Section 213 are responsible for a range of duties, including:
- Inspecting vehicles to ensure compliance with safety and roadworthiness standards.
- Issuing or renewing licenses for drivers and vehicle owners.
- Ensuring vehicles have valid registration certificates and permits.
- Enforcing road safety rules and regulations.
- Conducting investigations into accidents and violations of traffic laws.
- Overseeing the operation of transport vehicles (such as buses, trucks, and taxis) to ensure they follow the rules related to permits, routes, and fitness standards.
- The officers appointed under Section 213 are responsible for a range of duties, including:
- Power to Delegate:
- The Central or State Government may delegate specific powers or functions to these officers to carry out tasks under the Motor Vehicles Act. These delegated powers allow officers to act in areas such as vehicle inspections, enforcement of traffic rules, and ensuring compliance with vehicle safety standards.
- These officers are granted powers to ensure the proper functioning of motor vehicle administration, safety, and regulation in their respective jurisdictions.
- Rules for Appointment and Qualifications:
- The government may specify rules regarding the qualifications, training, and appointment procedures for motor vehicle officers. This ensures that only competent and qualified individuals are appointed to carry out these critical responsibilities.
- The rules may also specify the pay scales, terms of service, and duties for these officers.
- Enforcement of the Act:
- Officers appointed under this section are crucial for the enforcement of various provisions of the Motor Vehicles Act, including the regulation of traffic, vehicle registration, licensing, and ensuring road safety standards.
- Their role is essential for the smooth functioning of the transport department and the enforcement of motor vehicle laws across India.
Practical Implications
- Regulating Road Traffic: The officers appointed under Section 213 play a key role in regulating road traffic and ensuring that vehicles on public roads meet the required standards of safety, registration, and fitness. They help maintain order and safety on the roads by enforcing traffic rules and conducting vehicle inspections.
- Vehicle and Driver Compliance: These officers ensure that vehicles are properly registered, have valid permits, and meet fitness standards before they are allowed to operate on public roads. They also verify that drivers have valid licenses and comply with the legal requirements under the Motor Vehicles Act.
- Road Safety: By overseeing vehicle inspections and enforcing traffic rules, these officers contribute to road safety and accident prevention. They ensure that only roadworthy vehicles are allowed on the roads, and they take action against unsafe or unfit vehicles and drivers.
- Administrative Efficiency: The appointment of motor vehicle officers helps to streamline administrative processes within the transport department, ensuring that tasks such as licensing, vehicle inspections, and accident investigations are carried out efficiently and in accordance with the law.
- Law Enforcement: Motor vehicle officers are empowered to enforce the law by issuing fines, suspending licenses, or impounding vehicles when necessary. They are crucial in maintaining compliance with motor vehicle regulations and ensuring that offenders are held accountable.
Conclusion
Section 213 of the Motor Vehicles Act provides for the appointment of motor vehicle officers by the government to oversee and enforce the provisions of the Act. These officers play a vital role in regulating traffic, ensuring vehicle compliance, promoting road safety, and maintaining order on public roads. By empowering officers such as Motor Vehicle Inspectors, Assistant Inspectors, and other officials, this section ensures that the motor vehicle regulatory system functions efficiently, contributing to safer roads and better enforcement of motor vehicle laws in India.