123. Functions and Powers of officers of Motor vehicles Department.
(1)The State Government may delegate any power under the Act and the rules made thereunder to any person for the proper implementation of the Act and the rules made thereunder and such persons shall discharge all function and perform all duties as assigned to them most diligently.(2)All the authorities prescribed under the Act and the rules made thereunder and all such persons so empowered, shall be under the over-all control of the Commissioner. The Commissioner shall be under the control of the State Government and shall exercise all the powers of the police officer of the rank of Commissioner of Police under the Motor Vehicle Act, 1988.(3)The Joint Director(s) (Transport) and the Deputy Director (s) (Transport) shall be under the control of the Commissioner and shall exercise the powers of Deputy Commissioner of Police under the Motor Vehicles Act, 1988.(4)All other Gazetted officers of the Transport Department shall be under the control of the Commissioner and shall exercise the powers of Assistant Commissioner of Police under the Motor Vehicle Act, 1988. All the Inspectors shall be under the control of the Commissioner and shall exercise powers of the rank of the Inspector of Police under the Motor Vehicles Act, 1988.(5)All other checking staff shall be under the control of Commissioner and shall exercise the powers of the corresponding rank of the Delhi Police under the Motor Vehicles Act,1988.(6)In addition to the powers that may be conferred on any officer of the Transport Department under sub-section (3) of Section 213 of the Act, such officer shall also be empowered by the State Government under sub-section(5) of Section 213 of the Act.(7)[ Any police officer(s) or the person(s) appointed as officer(s) under Section 213 of the Act and specified as such in rule 123, not below the rank of [(Assistant Sub-Inspector)] [Inserted vide notification no. F. 19 (512)/Tpt/Sectt./ 2003/191 dated 08-07-2004], shall have power, if they have reasons to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of section 66 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 to seize and detain the vehicle, and shall keep the same in safe custody of the nearest police station or police post or traffic police circle officer or any other designated place declared by the Delhi Police or in the designated impounding pits of the Transport Department against a proper receipt to be given by him in Form O.S.S. to the owner or in charge of the vehicle from whose custody the vehicle was seized and detained.(8)The officer in charge of the Police Station or police Post or Traffic Inspector of the circle or the officer in charge of the impounding pit shall ensure that the vehicle is kept in safe custody along with the goods contained therein, if any, at the time of keeping the same in his custody.(9)The concerned person may get the vehicle released within a period of ten days from the date of seizure or detention of the vehicle, as the case may be, after complying with the requirements of law and on approval of the competent authority.(10)In case the vehicle is not got released within the period specified in Sub-rule (9), then, rental charges at the rate of one hundred rupees per day, subject to a maximum of one thousand rupees, shall be charged after the expiry of the said period of ten days from the date of seizure of detention of the vehicle.]
