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Chapter-11 Miscellaneous

Chapter-11 Miscellaneous
165. Prohibition on causing loss or damage: No one shall commit, or cause the commission of, any act of physical assault upon the driver, conductor, security personnel, other employee and passenger of a motor vehicle, holding
up, destructing the motor vehicle or otherwise causing any loss or damage to the motor vehicle or to any person travelling or goods loaded in the motor vehicle.

166. Payment required to be made by owner or manager of motor vehicle:
Except where a driver has contravened the provisions of this Act or the Rules framed or orders issued hereunder recklessly or with mala-fide intention, the owner or manager of motor vehicle concerned shall make payment of such
amount of fine, medical expenses, obsequies expenses or compensation as required to be paid by the driver pursuant to this Act.

167. Exemption from punishment: In a case where any loss or damage is caused by an accident that is resulted from a circumstance beyond the control of the driver of a motor vehicle on any conditions other those set forth in Sections
161 and 162, the driver of that motor vehicle shall not be subject to any punishment.

168. Operation of transport service in competitive manner: ? Notwithstanding anything contained elsewhere in this Act, no license shall be so issued as to allow the operation of transport service by public motor vehicles under the
queue system, for the purpose of developing the transport business in a healthy competitive manner.

169. Power to give direction: The Government of Nepal, Department or Proviso has been deleted by Public Procurement Act, 2049.  competent authority may give necessary direction to transport entrepreneurs
to make the transportation business effective and to make the transport service simple and easily available. It shall be the duty of the transport entrepreneurs to abide by the direction so given.

170. Delegation of authority: The Department or competent authority may, as  required, delegate any or all of the powers conferred to the Department or competent authority under this Act to any committee, official, transport
inspector or police.

171. Appeal:

(1) An appeal may be made in the Department against a decision or order of punishment made by the competent authority, police or transport inspector in accordance with this Act.
(2) An appeal may be made in the Court of Appeal against a decision or order made by the Department in accordance with this Act.

172. ? Limitation for filing complaint and period for making appeal:

(1) A complaint must be made in relation to an offense under Section 161 within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain), in relation to an offense under Section 162 within the period set forth in the Chapter on Battery of the General Code (Muluki Ain) and in relation to the other offenses under this Act within thirty days after the date of commission thereof.
(2) An appeal must be made in relation to the offenses under this Act, other than the offenses under Sections 161 and 162, within a period of thirty five days after the date of receipt of information of the decision or order.

173. Duty to render assistance: If the competent authority or transport inspector seeks any kind of assistance in the course of implementation of this Act or the Rules made or orders issued hereunder, it shall be the duty of all the
concerned including the police to render such assistance.

174. Observation of Act by driver of other motor vehicle: If it is not required by this Act to obtain a driving license to drive any motor vehicle or any motor vehicle which need not to be registered pursuant to this Act, the driver
of such a motor vehicle shall observe the traffic signs as established by this Act or the Rules framed or orders made hereunder.

175. Saving of act done in good faith: The competent authority or the committee, official, transport inspector, police employee or other concerned employee whom the authority has delegated powers to shall not be
personally liable for any act done by him/her if it is done in good faith while carrying out own duties.

176. Special powers: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may exempt the application of any provision of this Act in respect of any vehicle for the prescribed period.

176A. ⊗ Government to be the Plaintiff: A case falling under Sections 161 and 162 shall be a Government case and the case shall be deemed to be included in Schedule-1 of the State Cases Act, 1991.

177. Power to remove difficulty: If there arises a difficulty in the course of implementation of this Act, the Government of Nepal may remove the difficulty by issuing an order upon a notification in the Nepal Gazette.

178. Power to make alteration in Schedules: The Government of Nepal may, by a notification in the Nepal Gazette, make necessary alteration in the Schedules.

179. Power to frame Rules: The Government of Nepal may frame necessary Rules for the accomplishment of the objects of this Act.

180. Repeal and saving:

(1) The following Acts are hereby repealed:
(a) The Motor Vehicles Act, 1963.
(b) The National Transport Management Act, 1969.
(2) All acts or actions done or taken pursuant to the Acts referred to in
Sub-section (1) shall be deemed to have been done or taken under this Act.

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