Penal Measures for Violation of Motor Vehicle Rules in West Bengal

Governor is pleased to hereby direct that any offence punishable under Section 177, 178(3), 179(1), 179(2), 180, 181, 182(1), 182A(1), 182A(4), 182B, 183/1, 184, 186, 189, 190(2), 192, 192A, 194(1), 194(1A), 194(2), 194A, 194B, 194C, 194D, 194E, 194F, 196 and 198 may, either before or after the institution of the prosecution, be compounded by officers at the rates specified in respect.

Government of West Bengal
Transport Department
Paribahan Bhavan,
12, R. N. Mukherjee Road, Kolkata – 700001

No. 208-WT/3M-128/97(Pt. IIID) Dated: Kolkata, the 24th January, 2022

NOTIFICATION

In exercise of power conferred by sub-section (1) of Section 200 of the Motor Vehicles Act, 1988 read with Motor Vehicles (Amendment) Act, 2019, and in supersession of all the earlier notifications issued in this regard, save and except notification no. 2023-WT/3M-128/1997(Part IIID) dated 30.07.2021 the Governor is pleased to hereby direct that any offence punishable under Section 177, 178(3), 179(1), 179(2), 180, 181, 182(1), 182A(1), 182A(4), 182B, 183/1, 184, 186, 189, 190(2), 192, 192A, 194(1), 194(1A), 194(2), 194A, 194B, 194C, 194D, 194E, 194F, 196 and 198 may, either before or after the institution of the prosecution, be compounded by officers as shown in Schedule I below at the rates specified in respect of the offences punishable under sections mentioned in the Schedule II appended herein below:-

Schedule I

JurisdictionCategory of Officers Empowered to Compound
(1) In Kolkata Police area(a) Officers not below the rank of Motor Vehicles Inspectors in the office of Additional Director, Kolkata Zone, PVD Kolkata.
(b) Police Officers not below the rank of Sub-Inspector or Sergeant in Kolkata Police.
(2) In the Districts(a) Officers not below the rank of Motor Vehicles Inspectors of the Districts
(b) Police Officers not below the rank of Sub-Inspector or Sergeant of the Districts.
(3) For the entire State of West BengalAny Officer on or above the rank of Assistant Secretary in the Transport Department
Or
Any officer on or above the rank of Assistant Director of Transport Directorate, so empowered.
(4) For compounding offence under section 62A/ 182BDirector Transport would be the sole authority.

Schedule II

Sl. No.Nature of offenceViolation of Section of Motor Vehicles Act, 1988Penal Section of Motor Vehicles Act, 1988 under which offence committed is to be compoundedPenal measures (1st offence)Penal measures (2nd and subsequent offence)
1Non possession of DL, CF, Permit, Insurance130(1), (2), (3) & (4) and other offences where specifically no penalty is provided for the offence177Rs. 500/=Rs. 1,500/=
2Holder of CC permit refuses to ply or carry passengers 178(3)Rs. 500/= 
3Disobedience of order given by the concerned authority 179(1)Rs. 2,000/= 
4Withholds or gives false information to the concerned authority 179(2)Rs. 2,000/= 
5Plying vehicle without effective and valid Driving Licence3, 4 & 5180 & 181Rs. 5,000/= 
6Driving by person disqualified for holding/ obtaining DL 182(1)Rs. 10,000/= 
7Unauthorised alteration by OEM/ dealer etc 182A(1)Rs. 1,00,000/= per such motor vehicle 
8.Unauthorized alteration of vehicle by owner 182A(4)Rs. 5,000/= per such alteration 
9Prohibition of registration and issuance of CF to oversized vehicle62A182BRs. 10,000/= 
10Driving at excessive speed112183/1 for LMV Rs. 1,000/=  for MGV/ MPV/ HGV/HPV Rs. 2,000/=i) for LMV Rs. 2,000/=
(ii) for MGV/MPV/H GV/HPV Rs. 4,000/= DL of the driver shall be impounded u/s 206(4)
11Driving dangerously 184Rs. 5,000/=If committed within three years of previous similar offence, Rs. 10,000/=
12Driving when mentally or physically unfit 186Rs. 1,000/=Rs. 2,000/=
13Unauthorized racing of speed 189Rs. 5,000/=Rs. 10,000/=
14Violation of standards prescribed in relation to road safety, control of noise and air pollution 190(2)Rs. 10,000/= and the driver of the vehicle shall be disqualified for holding licence for a period of three monthsRs. 10,000/= and the driver of the vehicle shall be disqualified for holding licence for a period of three months
15Plying vehicle without valid Registration of vehicle39192Rs. 5,000/=Rs. 10,000/=
16Plying vehicle without valid Certificate of Fitness56192Rs. 10,000/=Rs. 10,000/=
17Plying vehicle without valid permit66192ARs. 10,000/=Rs. 10,000/=
18Carrying excess loud113, 114194, 194(1), 194(1A), 194(2)Fine to be realized in terms of notification no. 2023-WT/3M-128/1997 (Part IIID) dated 30.07.2021 annexed herewith. 
19Carrying excess passenger in transport vehicle 194ARs. 200/= per excess passenger and offloading of excess passengers and arrangement of alternative transport for them by the offender 
20Use of safety belts by driver, seating passenger and children below 14 years 194BRs. 1,000/= 
21Violation of safety measures for two wheeler riders128194CRs. 1,000/= and the offender shall be disqualified for holding driving licence for three months 
22Not wearing protective headgear129194DRs. 1,000/= and the offender shall be disqualified for holding driving licence for three months 
23Failure to allow free passage to Emergency vehicles 194ERs. 10,000/= 
24Use of horns in silence zone 194FRs. 1,000/=Rs. 2,000/=
25Necessity for insurance against third party risk146196Rs. 2,000/=Rs. 4,000/=
26Unauthorised interference with vehicles 198Rs. 1,000/= 

This shall take immediate effect.

Sd/- Rajesh Kumar Sinha
Secretary to the Govt. of West Bengal

No. 208-WT dated 24.01.2022, Source

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