Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

Union of India - Section

Section 73 in Motor Vehicles Act, 1939

73. Power to have vehicle weighed.

- [(1)] [Section 73 re-numerated as sub-section (1) thereof by section 65, Act 100 of 1956, (w.e.f. 16-2-1957).] Any person authorised in this behalf by the State Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 72, require the driver to convey the vehicle to a weighing device, if any, within a distance of [2 kilometres] [Substituted by Act 51 of 1960, section 4, for 'one mile' (w.e.f. 1-1-1961).] from any point on the forward route or within a distance of [10 kilometres] [Substituted by section 4, Act 100 of 1956, for 'five miles' (w.e.f. 1-1-1961).] from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 72 regarding weight, he may, by order in writing, direct the driver to convey the vehicle or trailer to the nearest place, to be specified in the notice, where facilities exist for the storage of goods, and not to remove the vehicle or trailer from that place until the laden weight [* * *] [The words 'or axle weight' omitted by Act 100 of 1956, section 65 (w.e.f 16-2-1957).] has been reduced or the vehicle has otherwise been treated so that it complies with section 72.
(2)[ Where any excess goods are removed from any goods vehicle or trailer for storage under sub-section (1) such person as may be authorised in this behalf by the State Government shall cause a notice in writing to be served on the owner of the vehicle or trailer, as the case may be, requiring him to remove the goods within the time to be specified in the notice and if the owner of the vehicle or trailer refuses or fails to remove the goods within the time specified, the authorised person may sell the goods by public auction and the balance of the sale proceeds, after deducting therefrom the charges for the storage of the goods and the costs incidental to the sale, shall be paid to the owner of the vehicle or trailer, as the case may be:Provided that where the excess goods removed are of a perishable nature, the sale tan be held immediately after causing the notice to be served on the driver of the vehicle or trailer.] [Inserted by Act 100 of 1956, section 65 (w.e.f. 16-2-1957).]