123. [ Using vehicle without registration or permit. [Substituted for the former section by the Motor Vehicles (Amendment) Act, 1956 (100 of 1956), Section 90 (w.e.f. 16.2.1957).]
(1)Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 22 or without the permit required by sub-section (1) of section 42 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used [or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle], shall, be punishable for a first offence with fine which may extend to [two thousand rupees] [Substituted for the words 'one thousand rupees' by Act 47 of 1982, section 25 (i) (w.e.f. 1.10.1982).] and for [any second or subsequent offence] [Substituted for the words 'a subsequent offence if committed within three years of the commission of a previous similar offence', by the Motor Vehicles (Amendment) Act, 1982 (47 of 1982), Section 25 (w.e.f. 1.10.1982).] with imprisonment which may extend to six months or with fine which may extend to [three thousand rupees] [Substituted for the words 'two thousand rupees' by Act 47 of 1982, section 25 (ii) (w.e.f. 1.10.1982).] or with both.Provided that no Court shall, except for reasons to be stated in writing, impose a fine of less than five hundred rupees for any such [second or] [Inserted by the Motor Vehicles (Amendment) Act, 1969 (58 of 1969), Section 67 (w.e.f. 2.3.1970).] subsequent offence.(2)Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or of food or materials to relieve distress or of medical supplies for a like purpose:Provided that the person using the vehicle reports such use to the Regional Transport Authority within seven days.(3)Where a person is convicted of an offence under this section, the Court by which such person is convicted may, in addition to any sentence which may be passed under sub-section (1), by order-(a)if the vehicle used in the commission of the offence is a motor car, suspend its certificate of registration for a period not exceeding four months;(b)if the vehicle used in the commission of the offence is a transport vehicle, suspend its permit for a period not exceeding six months or cancel it.(4)The Court to which an appeal lies from any conviction in respect of an offence of ;he nature specified in sub-section (1) may set aside or vary any order of suspension or cancellation made under sub-section (3) by the Court below and the Court, to which appeals ordinarily lie from the Court below, may set aside or vary any such order of suspension or cancellation made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.]
