Section 42 in The Motor Vehicles Act, 1939

42. Necessity for permits.

(1) No owner of, a transport vehicle shall, use or permit the use of the vehicle in any public place or not such vehicle is actually carrying any passenger or goods] in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority 4[ or the Commission] authorising the use of the vehicle in that place in the manner in which the vehicle is being used: Provided that a stage carriage permit shall, subject to any con- ditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not: Provided further that a public carrier' s permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connec- tion with a trade or business carried on by him.

1. Ins. by Act 20 of 1942, s. 12.

2. Subs. by Act 100 of 1956, s. 35, for" delivery vans" (w. e. f. 16- 2- 1957 ).

3. Ins. by Act 56 of 1969, s. 17 (w. e. f. 2- 3- 19. 70).

4. Ins. by Act 100 of 1956, s. 36 (w. e. f. 16- 2- 1957 ).

(2) In determining, for the purposes of this Chapter, whether a transport vehicle is or is not used for the carriage of goods for hire or reward,-

(a) the delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire- purchase in the course of any trade or business carried on by him other than the trade or business of providing transport,

(b) the delivery or collection by or on behalf of the owner of goods which have been or which are to be subjected to a process or treatment in the course of a trade or business carried on by him, or

(c) the carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes, shall not be deemed to constitute a carrying of the goods for hire or reward but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired temporary ownership, of the goods for the purpose of transporting them to another place and there relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward.

(3) Sub- section (1) shall not apply--

(a) 1[ to any transport vehicle owned by the Central Govern- ment or a State Government and used for Government purposes unconnected with any commercial enterprise

(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes;

(d) to any transport vehicle used solely for the conveyance of corpses;

(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety: 2[

1. Subs. by Act 100 of 1956, s. 36, for the former cl. (w. e. f. 16- 2- 1957 ).

2. Cl. (ee) ins. by s. 36, ibid., was omitted by Act 56 of 1969, s. 17 (w. e. f. 1- 6- 1973 ).

(f) to any transport vehicle used for any other public purpose prescribed in this behalf;

(ff) 1[ to any transport vehicle used by a person who manufac- tures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf;]

(g) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the State Government or whose managing committee is a society registered under the Societies Registration Act, 1860 ; (21 of 1860 ). 2[

(i) 6[ to any goods vehicle which is a light motor vehicle and does not ply for hire or reward. or to any two wheeled trailer with a registered laden weight not exceeding 2[ 800 kilograms] drawn by a motor car;]

(j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place,- situated in any other State, without carrying any passenger or goods;

(k) to any transport vehicle which has been temporarily registered under section 25, while proceeding empty to any place for the purpose of registration of the vehicle under section 24;

(l) to any transport vehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;

(m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, is required to be diverted

1. Ins. by Act 56 of 1969, s. 17 (w. e. f. 1- 6- 1973 ).

2. Cl. (h) omitted by Act 25 of 1968, s. 2 and Sch. (w. e. f. 15- 8- 1968 ).

3. Subs. by Act 100 of 1956, s. 36, for the former cl (w. e. f. 16- 2- 1957 ).

4. The words" except as may otherwise be prescribed," omitted by Act 56 1969, s. 17 (we. f. 1- 6- 1973 ).

5. Subs. by Act 51 of 1960, s. 3 for" 1, 700 pounds avoirdupois" (w. e. f 1- 1- 1961 ).

6. Ins. by Act 56 of 1969, s. 17 (w. e. f. 1- 6- 1973 ).

through any other route, whether within or outside the State, with a view to enabling it to reach its destination; or

(n) to any transport vehicle while proceeding empty to any place for purpose of repair].

(4) Subject to the provisions of sub- section (3), sub- section (1) shall, if the State Government by rule made under section 68 so prescribes, apply to any motor vehicle adapted to carry more than nine 1[ persons] excluding the driver.