7. Amendment of Section 78, Rajasthan Act No. 22 of 1995.
- In Section 78 of the principal Act, -(i)for the existing clause (b) of sub-section (2), the following shall be substituted, namely:-"(b) stop the vehicle or carrier at every check-post, and while entering and leaving the limits of the State, bring and stop the vehicle at the nearest check-post, set-up under sub-section (1);";(ii)in sub-Section (5), for the existing expression "the person- in-charge of the goods", the expression "the owner of the goods or a person authorised in writing by such owner or the person-in-charge of the goods" shall be substituted; and(iii)after sub-section (10) and before sub-section (11), the following new sub-section (10-A) shall be inserted, namely: -"(10-A) Notwithstanding anything contained in this section, where the driver of the person in-charge of the vehicle or the carrier abstains from bringing or stopping the vehicle or carrier at the nearest check-post as provided under clause (b) of sub-Section (2), the incharge of the check-post or the officer empowered under sub-Section (3) may detain such vehicle or carrier and, after affording an opportunity of being heard to the owner or a person duly authorised by such owner or the driver or the person in-charge of the vehicle or carrier, may impose a penalty equal to fifty percent of the value of such goods.".
