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The Motor Vehicles Ordinance, 1983

( Ordinance NO. LV OF 1983 )

Chapter X

OFFENCES, PENALTIES AND PROCEDURE

Special procedure for trial of offences
159. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), 1[a police officer not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 2[Authority] shall frame a charge of the offences punishable under sections 137, 139, 140, 142, 146, 149, 150, 151, 152, 153, 154, 155, 156, 157 and 158 one copy of which shall be delivered to the accused person who shall acknowledge receipt thereof under his signature or thumb-impression and another copy to be forwarded to the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area or such authority as is notified by the 3[Authority] in this behalf having jurisdiction in the area in which the offence is committed.
 
 
 
 
(2) The authorised police officer or other authority shall impose a fine as provided for, in the section, in the charge and if the fine so specified is paid at the specified place on or before the specified date either in cash or by money-order, no further proceedings shall be taken against the offender in respect of that offence.
 
 
 
 
(3) If the fine is not paid in the manner specified in the charge, the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area having jurisdiction in the area in which the offence was committed, or any officer authorised by him in this behalf, on receipt of a report from the authorised police officer or other authority may lay a complaint against the offender before a court of competent jurisdiction.
 
 
 
 
(4) Where a person, on his failure to pay the fine has been prosecuted under sub section (3), the provision of clause (b) of sub section (1) of section 165 shall not apply to him.
 
 
(5) Any person who refuses or avoids to accept a copy of the charge made over to him under this section or to acknowledge receipt thereof, may be arrested without warrant by the officer acting under this section and shall, on conviction before a Magistrate, be punished in addition to any penalty that may be incurred by him in respect of the offence specified therein with fine which may extend to two hundred and fifty Taka.

  • 1
    The words “a police officer not below the rank of Sub-Inspector or Sergeant” were substituted for the words “a police officer authorised by the Authority by a notification issued in the official Gazette in this behalf” by section 35 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)
  • 2
    The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 3
    The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
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