Section 2 in The West Bengal Motor Vehicles Rules, 1989
2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context -(a)"the Act" means the Motor Vehicles Act, 1988 (59 of 1988):(aa)[ "agent" means any person or firm duly authorised by the manufacturer or supplier of Liquified Petroleum Gas-Kit and approved by the Transport Department who is engaged in the business of retro-fitment of Liquified Petroleum Gas-Kit on in-use vehicles;] [Clause (aa) inserted vide clause (1)(i) of the Notification No. 2227 dated 19.5.2003.](b)"[Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.]" means the town of [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] as defined in section 3 of the [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] Police Act, 1866 (Bengal Act IV of 1866), together with the suburbs of [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] as defined under section 1 of the [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] Suburban Police Act, 1986 and shall also include Police Stations of Salt Lake and Lake Town under West Bengal Police:(b1)[ "computer service fee" means a fee for any transaction if made through the computer service in the office of the Motor Vehicle Department in the district or sub-division or the State Transport Authority;] [Clause (b1) inserted vide clause 2(1)(a) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003).](c)"Form" means a Form set forth in the Act or appended to these rules;(d)"passenger" for the purpose of the rules in Chapter V means any person travelling in a public service vehicle other than the driver or the conductor or an employee of the permit holder while on duty:(e)[ "District Magistrate" means an Additional District Magistrate and includes a Regional Transport Officer or an Additional Regional Transport Officer having jurisdiction in the district or sub-division as the case may be, or if specially authorized by the District Magistrate, an Executive Magistrate or an officer having jurisdiction in the district;] [Clause (e) Substituted vide clause 2(1)(b), ibid (w.e.f. 16.122003).](f)"Director, Public Vehicles Department, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.]", includes any other officer or officers of the said office, if specially authorised by the Director in that behalf;(g)"Producer" for the purposes of the rules in Chapter VII means the whole of the generator, pipes, coolers, filters and accessories necessary for the generation of gas and its supply to the engine;(gg)[ "retro-fitter agent's license" means a license issued to an agent under Rule 71C;] [Clause (gg) inserted vide clause (1)(ii) of the Notification No. 2227 dated 19.5.2003.](h)"Claims Tribunal" means a Motor Accidents Claims Tribunal constituted under section 165 of the Act;(i)"Legal Representative" shall have the meaning assigned to it under clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908) as amended by Act 104 of 1976;(j)"Regional Transport Officer" means an officer whom the State Government may appoint for any district to perform the function and to discharge the duties of a Regional Transport Officer under the provisions of the Act and these rules;(k)"tourist motor cab" means a motor cab, with a permit relating to which an endorsement is made by the State Transport Authority of the State, in which such permit is granted, to the effect that it is a tourist motor cab;(k1)[ "motor cab" shall have the same meaning as in the Act and includes an auto-rickshaw;] [Clause (k1) inserted vide clause 2(1)(c) &the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003).](l)"tourist omnibus" means an omnibus with a permit relating to which an endorsement is made by the State Transport Authority of a State, in which such permit is granted, to the effect that it is a tourist omnibus;(m)"fee" means the amount as referred to in the Act and/or in these rules or in the Central Motor Vehicles Rules, 1989;(m1)[ "International Driving Permit" means a permit issued by any Licensing authority under chapter II to drive a motor vehicle or a motor vehicle of any specified class or description in the territories of all the contracting countries outside India;] [Clause (m1) inserted vide clause 2(1)(d), ibid (w.e.f. 16.12.2003).](n)"Van" means a "goods carriage" having Gross Vehicle weight up to 5000 kgs.;(o)"Transport Department" means the Department of Transport under the Government of West Bengal;(p)The words "Transport Authority" shall mean either a Regional Transport Authority or a State Transport Authority as constituted under the Act;(q)Special Stage Carriage shah also Include Mini Buses;(r)"Central Government" means the Government of India;(s)"State Government" means the Government of West Bengal;(t)"State" means the State of West Bengal:(u)For the purpose of rule 173(3), "authorised person" shall include the driver, conductor of the concerned stage carriage or any police officer in uniform not below the rank of Sub-inspector/Sergeant and shall also include in the case of State Transport Undertakings or State Transport Companies, such superior officers as may be determined by such undertakings/companies:(v)"prescribed" means as prescribed under these rules or under the Central Motor Vehicles Rules, 1989:(v1)[ "sub-dealer" means any person or agent or company engaged in dealing with an unregistered vehicle under the authorization of any authorized dealer of such vehicles:] [Clause (v1) inserted vide clause, 2(1)(e) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w e.f. 16.12.2003).](w)"Additional Regional Transport Officer" means an officer whom the State Government may appoint for any district or subdivision to perform the functions and to discharge the whole or part of the duties of a Regional Transport Officer under the provisions of the Act and these rules;(x)"Motor Vehicles inspector" means an officer whom the State Government may appoint for any district of subdivision to perform the functions and to discharge the duties under the provisions of the Act and these rules;(y)"Motor Vehicles Department" shall have the same meaning as "Transport Department";(z)unless the context otherwise requires, words and expressions used in these rules but not defined shall have the same meaning as assigned to them under section 2 of the Act.
