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Union of India - Section

Section 45 in Motor Vehicles Act, 1939

45. [ General provision as to applications for permits. [Substituted by Act 100 of 1956, section 39, for the original section (w.e.f. 16-2-1957).]

- [(1)] Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: General provisions as to applications for permits. Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:Provided further that if it is proposed-to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.]
(2)[ Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall, be made to the State Transport Authority of the region in which the applicant resides or has his principal place of business.
(3)Every applicant for the grant of a new permit under section 46 or section 54 shall deposit, by way of security, With his application an amount in such manner and at such rate not exceeding rupees two hundred per, motor vehicle, as the State Government may, with reference to each class of vehicle, by notification in the Official Gazette, specify.
(4)The security furnished under sub-section (3) may be forfeited in whole or in part by the transport authority if it is satisfied that the application was made for the purpose of preventing the issue of a temporary permit under section 62 and the *hole 'or part of it as has not been forfeited shall be refunded to the applicant, as soon as may be, after the disposal of the application;Provided that no such forfeiture shall be made unless the transport authority has given the applicant a reasonable opportunity of being heard.] [Inserted by section 20, Act 56 of 1969, w.e.f. 2-3-1970).]