{ "schema_version": "qanun-law-text/1", "id": "punjab-code-6b8dc5472e664a67", "title": "MOTOR VEHICLES ACT, 1939", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/U2UBNVFjWmw-", "version": null, "source_snapshot": "2026-08-06T16:41:02Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "5fc16db5314582b34a3c6a09fea8e9ce572e6e3d2fc712952109e67386276866", "source_sha256": "5fc16db5314582b34a3c6a09fea8e9ce572e6e3d2fc712952109e67386276866", "text_version_id": "law:punjab-code-6b8dc5472e664a67:sha256:5fc16db5314582b34a3c6a09fea8e9ce572e6e3d2fc712952109e67386276866", "quality_flags": [], "encoding": "UTF-8", "text": "MOTOR VEHICLES ACT, 1939 \r\n(IV of 1939) \r\nCONTENTS \r\nCHAPTER VII \r\nMotor Vehicles temporary leaving or visiting Pakistan \r\n92. Power of Central Government to make Rules \r\nCHAPTER VIII \r\nInsurance of motor vehicles against third party risks \r\n93. Definitions \r\n94. Necessity for insurance against third part risk \r\n95. Requirements of policies and limits of liability \r\n96. Duty of insurers to satisfy judgments against persons insured in respect \r\nof third party risks \r\n97. Rights of third parties against insurers on insolvency of the insured \r\n98. Duty to give information as to insurance \r\n99. Settlement between insurers and insured persons \r\n100. Saving in respect of sections 97, 98 and 99 \r\n101. Insolvency of insured persons not to affect lia bility of insured or claims \r\nby third parties \r\n102. Effect of death on certain causes of action \r\n103. Effect of certificate of insurance \r\n104. Duty to surrender certificate on cancellation of policy \r\n105. Duty of insurer to notify registering authority cancellation or suspension \r\nof the policy \r\n106. Production of certificate of insurance \r\n107. Production of certificates of insurance on application for authority to \r\nuse vehicle \r\n108. Co-operative Insurance \r\n109. Duty to furnish particulars of vehicles involved in accidents \r\n110. Power to appoint person to investigate and report on accident \r\n111. Power to make rules \r\n125. Driving uninsured vehicle \r\nTEXT \r\nMOTOR VEHICLES ACT, 1939 \r\n(IV of 1939) \r\n[16th February, 1939] \r\n[See Section 122 and Fourteenth Schedule of W.P. Motor Vehicles Ordinance, 1965] \r\nCHAPTER VII \r\nMotor Vehicles temporary leaving or visiting Pakistan \r\n92. Power of Central Government to make Rules .– (1) The Central \r\nGovernment may by notification in the official Gazette make rules for all or any of the \r\nfollowing purposes, namely:– \r\n(a) the grant and authentication of travelling passes, certificates or \r\nauthorisation to persons temporarily taking motor vehicles out of \r\nPakistan to any place outside Pakis tan or to persons temporarily \r\nproceedings out of Pakistan to any place outside Pakistan and desiring \r\nto drive a motor vehicle during their absence from Pakistan; \r\n(b) prescribing the conditions subject to which motor vehicles brought \r\ntemporarily into Pakistan from outside Pakistan by persons intending to \r\nmake a temporary stay in Pakistan may be possessed and used in \r\nPakistan; and \r\n(c) prescribing the conditions subject to which persons entering Pakistan \r\nfrom any place outside Pakistan for a temporary stay in Pakistan may \r\ndrive motor vehicle in Pakistan. \r\n(2) No rule made under this section shall operate to confer on any person \r\nany immunity in any Province from the payment of any tax levied in that Province on \r\nmotor vehicle or their users. \r\n(3) Rules made under clauses ( b) and (c) of sub-section (1) shall, in case \r\nof motor vehicles and persons entering Pakistan from the French and Portuguese \r\nsettlements bounded by India, be applicable only to motor traffic to which the \r\nInternational Convention relating to motor traffic co ncluded at Paris on the 24th day \r\nof April 1926 or any Convention modifying the same applies. \r\n(4) Nothing in this Act or in any rule made thereunder by a Provincial \r\nGovernment relating to– \r\n(a) the registration and identification of motor vehicle, or \r\n(b) the requirements as to construction, maintenance and equipment of \r\nmotor vehicles, or \r\n(c) the licensing an the qualifications of drivers of motor vehicles; \r\nShall apply to any motor vehicle to which or to any driver of a motor vehicle to \r\nwhom any rules made under clause (b) or clause (c) of sub-section (1) apply. \r\nCHAPTER VIII \r\nInsurance of motor vehicles against third party risks \r\n93. Definitions.– In this Chapter:– \r\n(a) “authorised insurer” means an insurer in whose case the requirements \r\nof the Insurance Act, 1938, or of the corresponding law of a \r\nreciprocating territory with respect to the registration of insurers are \r\ncomplied with and inc ludes, where the business of insuring motor \r\nvehicles against third part y risks is carried on by the Central \r\nGovernment or a Provincial Government or the Government of an \r\nAcceding State or a non-Acceding State which is reciprocating territory, \r\nsuch Government; \r\n(b) “certificate of insurance” means a certificate issued by an authorized \r\ninsurer in pursuance of sub -section (4) of section 95; and i ncludes a \r\ncover not complying with such requirements as may be prescribed, and \r\nwhere more than one certificate has been issued in connection with a \r\npolicy, or where a copy of certificate has been issued, all those \r\ncertificates or that copy, as the case may be; \r\n(c) “reciprocating territory” means any such Acceding State or a non -\r\nAcceding State as may be notified by the Central Government in the \r\nofficial Gazette to be a reciprocating territory for the purposes of this \r\nChapter. \r\n94. Necessity for insurance against third part risk .– (1) No person shall use \r\nexcept as a passenger cause or allow any other person to use a motor vehicle in a \r\npublic place, unless there is in force in relation to the vehicle by that person or that \r\nother person, as the case may be, a policy of insurance complying with the \r\nrequirements of this Chapter. \r\nExplanation.– A person driving a motor vehicle merely as a paid employee, while \r\nthere is in force in relation to the use of the vehicle such policy as is required by this \r\nsub-section, shall not be deemed to act in contravention of the sub-section unless he \r\nknows or has reason to believe that there is no such policy in force. \r\n(2) Subject to any prescribed conditions, sub -section (1) shall not apply to \r\nany vehicle owned by any of the following authorities, namely:– \r\n(i) the Central Government; \r\n(ii) [* * * * * * * * * * * ] \r\n(iii) any Provincial Government; \r\n(iv) the Government; of any Acceding State or a non-Acceding State; \r\n(v) the Government; of the French or Portuguese Settlements bounded by \r\nIndia; \r\n(vi) any local authority in Pakistan exempted from the operation of the sub-\r\nsection (1) by order of the Central Government; or a Provincial \r\nGovernment; \r\n(vii) any local authority established or continued by the authority of the \r\nCrown Representative exempted from the operation of sub -section (1) \r\nby order of the Central Government; \r\n(viii) any local authority in an Acceding State or a non -Acceding State within \r\npolicies of insurance are required by provision of law to be taken out in \r\nrelation to the use of motor vehicle, which has been exempted from the \r\noperation of such provision. \r\n95. Requirements of policies and limits of liability.– (1) In order to comply with \r\nthe requirements of this Chapter, a policy of insurance must be a policy which:– \r\n(a) Is issued by a person who is an authorized insurer or by a co-operative \r\nsociety allowed under section 108 to transact the business of an \r\ninsurer; and \r\n(b) Insures the person or classes of persons specified in the policy to the \r\nextent specified in sub -section (2) against any liability which may be \r\nincurred by him or them in respect of the death of or bodily injury to any \r\nperson caused by or arising out of the use of the vehicle in a public \r\nplace in Pakistan or in a reciprocating territory: \r\nProvided that a policy shall not required:– \r\n(i) To cover liability in respect of the death, arising out of and in the course \r\nof his employment, of the employee , of a person insured by the policy \r\nor in respect of bodily injury sustained by such an employee arising out \r\nof and in the course of his employment , other than a liability arising \r\nunder the Workmen’s Compensation Act, 1923, in respect of the death \r\nof, or bodily injury to, any such employee:– \r\n(a) Engaged in driving the vehicle; or \r\n(b) If it be a public service vehicle, engaged as a conductor of the \r\nvehicle or in examining tickets on the vehicle; or \r\n(c) If it be a goods vehicle, being carried in the vehicle, or \r\n(ii) Except where the vehicle is a vehicle in which passengers are carried \r\nfor hire or reward or by reason of or in pursuance of contract of \r\nemployment, to cover liability in respect of the death of or bodily injury \r\nto persons being carried in or upon or entering or mounting or alighting \r\nfrom the vehicle at the time of the occurr ence of the event out of which \r\na claim arises; or \r\n(iii) To cover any contractual liability. \r\n(2) Subject to the proviso to sub-section (1), a policy of insurance shall \r\ncover any liability incurred in respect of any one accident upto the following limits , \r\nnamely:– \r\n(a) where the vehicle is a goods vehicle, a limit of twenty thousand rupees \r\nin all, the liabilities, if any, arising under the Workmen’s Compensation \r\nAct, 1923, in respect of the death of, or bodily injury to employs other \r\nthan the driver being carried in the vehicle being limited to six such \r\nemployees; \r\n(b) where the vehicle is a vehicle in which passengers are carried for hire \r\nor reward or by reason of or in pursuance of a contract of employment, \r\nin respect of persons other tha n passengers carried for hire or reward, \r\na limit of twenty thousand rupees; and in respect of passengers a limit \r\nof twenty thousand rupees in all, and four thousand rupees in respect \r\nof an individual passenger, if the vehicle is registered to carry not more \r\nthan six passengers excluding the driver or two thousand rupees in \r\nrespect of an individual passenger, if the ve hicle is registered to carry \r\nmore than six passengers excluding the driver; \r\n(c) where the vehicle is vehicle of any other class the amount of the \r\nliability incurred. \r\n1\r\n[(3) * * * * * * * * * * * ] \r\n(4) A policy shall be of no effect for the purposes of thi s Chapter unless \r\nand until there is issued by the insurer in favour of the person by whom the policy is \r\neffected a certificate of insurance \r\n2\r\n[* * *] in the prescribed form and containing the \r\nprescribed particulars of any conditions subject to which the policy is issued and of \r\nany other prescribed matter s; and different forms, particulars and matters may be \r\nprescribed, in different cases. \r\n(5) Notwithstanding anything elsewhere contained in any law , a person \r\nissuing a policy of insurance under this section sh all be liable to indemnify the \r\nperson or classes of persons specified in the policy in respect of any liability which \r\nthe policy purports to cover in the case of that person or those classes of persons. \r\n96. Duty of insurers to satisfy judgments against persons insured in respect \r\nof third party risks .– (1) If, after a certificate of insurance \r\n3\r\n[******] has been issued \r\nunder sub -section (4) of section 95 in favour of the person b y whom a policy has \r\nbeen effected, judgment in respect of any such liability as is required to be covered \r\nby a policy under clause (b) of sub-section (1) of Section 95 (being a liability covered \r\nby the terms of the policy) is obtained against any person insured by the policy, then, \r\nnotwithstanding that the insurer may be entitled to av oid or cancel or may have \r\navoided or cancelled, the policy, the insurer shall, subject to the provisions of this \r\nsection pay to the person entitled to the benefit of the decree any sum not exceeding \r\nthe sum assured payable thereunder, as if he w as the judgment-debtor in respect of \r\nthe liability, together with any amount payable in respect of costs and any sum \r\npayable in respect of interest of that sum by virtue of any enactment relating to \r\ninterest on judgments. \r\n(2) No sum shall be payable by an insurer und er sub-section (1) in respect \r\nof any judgment unless before or after the commencement of the proceedings in \r\nwhich the judgment is given the insurer had notice through the Court of the bringing \r\nof the proceedings , or in respect of any judgment so long as ex ecution is stayed \r\nthereon pending an appeal; and insurer to whom notice of the bringing of any such \r\nproceedings is so given shall be entitled to be made a party thereto and to defend \r\nthe action on any of the following grounds, namely:– \r\n(a) that the policy was cancelled by mutual consent or by virtue of any \r\nprovision contained therein before the accident giving rise to the \r\nliability, and that either certificate of insurance was surrounded to the \r\ninsurer or that the person to whom the certificate was issued has made \r\nan affidavit stating that the certificate has been lost or destroyed, or \r\nthat either before or not later than fourteen days after the happening of \r\n \r\n1Omitted by the Motor Vehicles (Amdt.) Act, 1947 (XXVII of 1947). \r\n2Certain words omitted, ibid. \r\n3Certain words omitted by Motor Vehicles (Admt.) Act, 1947 (XXVII of 1947). \r\nthe accident the insurer has commenced proceedings for cancellation \r\nof the certificate after compliance with the provisions of Section 105; or \r\n(b) that there has been a breach of a specified condition of the policy , \r\nbeing one of the following conditions, namely:– \r\n(i) a condition excluding the use of the vehicle; \r\n(a) for hire or reward, where the vehicle i s on the date of the contract of \r\ninsurance a vehicle not covered by a permit to ply for hire or reward; \r\n(b) for organized racing and speed testing; or \r\n(c) for a purpose not allowed by the permit under which the vehicle is used \r\nwhere the vehicle is a public service vehicle or a goods vehicle; or \r\n(d) without side-car being attached, where the vehicle is a motor-cycle; or \r\n(ii) a condition excluding driving by a named person or persons or by any \r\nperson who is duly licensed, or by any person who has been \r\ndisqualified for holding or obtaining a driving licence during the period \r\nof disqualification; \r\n(iii) a condi tion excluding liability for inju ry caused or contributed to by \r\nconditions of war, civil war, riot or civil commotion; or \r\n(e) that the policy is void on th e ground that it was obtained by the non -\r\ndisclosure of a material fact or by a representation of fact which was \r\nfalse in some material particular. \r\n1\r\n[(2-A) Where any such judgment as is referred to in sub -section (1) is a \r\nforeign judgment and is, by virtue of the provisions of section 13 of the Code of Civil \r\nProcedure, 1908 (V of 1908), conclusive as to any matter adjudicated upon by it , the \r\ninsurer (being an insurer ) registered under the Insurance Act, 1938 (IV of 1938J), \r\nshall be liable to the person entitled to the benefit of the decree in the manner and to \r\nthe extent specified in sub -section (1) as if the judgment were given b y a Court in \r\nPakistan: \r\n(3) Where a certificate of insurance \r\n2\r\n[******] has been issued under sub -\r\nsection (4) of section 95 to the pe rson by whom a policy has been effected, so much \r\nof the policy as purports to restrict the insurance of the persons insured thereby by \r\nreference to any conditions other than those in clause (b) of sub-section (2) shall, as \r\nrespects such liabilities as are required to be covered by a policy under clause (b) of \r\nsub-section (1) of section 95, be of no effect: \r\nProvided that any sum paid by the insurer in or towards the discharge of any \r\nliability of any person which is covered by the policy by virtue only of thi s sub-section \r\nshall be recoverable by the insurer from that person. \r\n(4) If the amount which an insurer becomes liable under this section to pay \r\nin respect of a liability incurred by a person insured by a policy exceeds the amount \r\nfor which the insurer woul d apart from the provisions of this section be liable under \r\nthe policy in respect of that liability, the insurer shall be entitled to recover the excess \r\nfrom that person. \r\n \r\n1Inserted by Motor Vehicles (Admt.) Act, 1947 (XXVII of 1947). \r\n2Certain word omitted, ibid. \r\n(5) In this section the expression “material fact” and “material particular” \r\nmean, respectively, a fact or particular of such a nature as to influence the judgment \r\nof prudent insurer in determining whether he will take the risk and, if so, at what \r\npremium and on what conditions, and the expression “liability covered by the terms \r\nof the pol icy” means a liability which is covered by the policy or which would be so \r\ncovered but for the fact that the insurer is entitled to avoid or cancel or has avoided \r\nor cancelled the policy. \r\n(6) No insurer to whom the notice referred to in sub -section (2) or sub-\r\nsection (2 -A) has been issued shall be entitled to avoid his liability to any person \r\nentitled to the benefit of any such judgment as is referred to in sub -section (1) or \r\nsub-section (2-A) otherwise than in the manner provided for in sub-section (2). \r\n97. Rights of third parties against insurers on insolvency of the insured.– (1) \r\nWhere under any contract of insurance effected in accordance with the provisions of \r\nthis Chapter a person is insured against liabilities which he may incur to the third \r\nparties then: \r\n(a) In the event of the person becoming insolvent or making a composition \r\nor arrangement with his creditors; or \r\n(b) Where the insured person is a company, in the event of a winding up \r\norder being made or a resolution for a voluntary winding up being \r\npassed with respect to the company or of a receiver or manager of the \r\ncompany’s business or undertaking being duly appointed, or of \r\npossession being taken by or on behalf of the holders of any \r\ndebentures secured by a floating charge of any property comprised in \r\nor subject to the charge. \r\n If, either before or after that event , any such liability is incurred by the insured \r\nperson, his rights against the insurer under the contract in respect of the liability \r\nshall, notwithstanding anything to the contrary in any prov ision of law, be transferred \r\nto and vest in the third party to whom the liability was so incurred \r\n (2) Where an order for the administration of the estate of a deceased \r\ndebtor is made according to the law of insolvency, then, if any debt provable in \r\ninsolvency is owing by t he deceased in respect of a liability to a third party against \r\nwhich he was insured under a contract of insurance in accordance with the \r\nprovisions of this Chapter, the deceased debtor’s rights against the insurer in respect \r\nof that liability shall, notwithstanding anything to the contrary in any provision of law, \r\nbe transferred to and vest in the person to whom the debt is owing. \r\n (3) Any condition in a policy issued for the purposes of this Chapter \r\npurporting either directly or indirectl y to avoid the policy or to alter the rights of the \r\nparties thereunder upon the happening to the insured person of any of the events \r\nspecified in clause (a) or in clause (b) of sub -section (1) or upon the making of an \r\norder for the administration of the es tate of a deceased debtor according to the law \r\nof insolvency shall be of no effect. \r\n (4) Upon a transfer under sub -section (1) or sub -section (2) the insurer \r\nshall be under the same liability to the third party as he would have been to the \r\ninsured person, but– \r\n(a) if the liability of the insurer to the insured person exceeds the liability of \r\nthe insured person to the third party, nothing in this Chapter shall affect \r\nthe right of the insured person against the insurer in respect of the \r\nexcess; and \r\n(b) if the liability of the insurer to the insured person is less than the liability \r\nof the insured person to the third pa rty, nothing in this Chapter shall \r\naffect the rights of the third party against the insured person in respect \r\nof the balance. \r\n98. Duty to give i nformation as to insurance. – (1) No person against whom a \r\nclaim is made in respect of any liability referred to in clause (b) of sub -section (1) of \r\nsection 95 shall on demand by or on behalf of the person making the claim refuse to \r\nstate whether or not he was insured in respect of that liabilit y by any policy issued \r\nunder provisions of this Chapter, or would have been so insured if the insurer had \r\nnot avoided or cancelled the policy, nor shall he refuse, if he was or would have \r\nbeen so insured, to give such particulars with respect to that policy as were specified \r\nin the certificate of insurance issued in respect thereof. \r\n (2) In the event of any person becoming insolvent or making a composition \r\nor arrangement with his creditors or in the event of an order being made for the \r\nadministration of the estate of a deceased person according to the Law of \r\nInsolvency, or in the event of a winding up order being made or a resolution for a \r\nvoluntary winding up being passed with respect to any company or of a receiver o r \r\nmanager of the company’s business or undertaking being duly appointed or of \r\npossession being taken by or on behalf of the holders of any debentures secured by \r\na floating charge on any property comprised in or subject to the charge, it shall be \r\nthe duty o f the insolvent debtor, personal representative of the deceased debtor or \r\ncompany, as the case may be, or the official assignee or receiver in insolvency, \r\ntrustee, liquidator, receiver or manager, or person in possession of the property to \r\ngive at the requ est of any person claiming than the insolvent debtor, deceased \r\ndebtor or company is under such liability to him as is covered by the provisions of \r\nthis Chapter, such information as may reasonably be required by him for the purpose \r\nof ascertaining whether a ny rights have been transferred to and vested in him by \r\nsection 97, and for the purpose of enforcing such rights, if any; and any such \r\ncontract of insurance as purports whether directly or indirectly to avoid the contract \r\nor to alter the rights of the part ies thereunder upon t he giving of such information in \r\nthe events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said \r\nevents, shall be of no effect. \r\n (3) If, from the information given to any person in pursuance of sub-section \r\n(2) or other wise, he has reasonable ground for supposing that there have or may \r\nhave been transferred to him under this Chapter rights against any particular insurer, \r\nthat insurer shall be subject to the same duty as is imposed by the said sub -section \r\non the persons therein mentioned. \r\n (4) The duty to give the information imposed by this section shall include a \r\nduty to allow all contracts of insurance, receipts for premiums, and other relevant \r\ndocuments in the possession or power of the person on whom the duty is so \r\nimposed to be inspected and copies thereof to be taken. \r\n99. Settlement between insurers and insured persons. – (1) No settlement \r\nmade by an insurer in respect of any claim which might be made by a third party in \r\nrespect of any liability of the nature referred to in clause (b) of sub -section (1) of \r\nsection 95 shall be valid unless such third party is a party to the settlement. \r\n (2) Where a person who is insured under a policy issued for the purposes \r\nof this Chapter has become insolvent, or where, if suc h insured person is a \r\ncompany, a winding up order has been made or a resolution for a voluntary winding \r\nup has been passed with respect to the company no agreement made between the \r\ninsurer and the insured person after liability has been incurred to a third party and \r\nafter the commencement of the insolvency or winding u p, as the case may be, nor \r\nany w aiver, assignment or other disposition made by or payment made to the \r\ninsured person after the commencement aforesaid shall be effective to defeat the \r\nrights transferred to the third party under this Chapter, but those rights shall be the \r\nsame as if no such agreement, wavier, assignment or disposition or payment has \r\nbeen made. \r\n100. Saving in respect of sections 97, 98 and 99. – (1) For the purposes of \r\nsections 97, 98 and 99, a reference to “liabilities to third parties” in relation to a \r\nperson insured under any policy of insurance shall not include a reference to any \r\nliability of that person in the capacity of insurer under some other policy of insurance. \r\n (2) The provisions of sections 97, 98 and 99 shall not apply where a \r\ncompany is wound up voluntarily merely for the purposes of reconstruction or of an \r\namalgamation with another company. \r\n101. Insolvency of insured persons not to affect liability of insured or clai ms \r\nby third parties.– Where a certificate of insurance has been issued to the pe rson by \r\nwhom a policy has been effected, the happening in relation to any person insured by \r\nthe policy of any such event as is mentioned in sub -section (1) or sub -section (2) of \r\nsection 97 shall, notwithstanding anything in the Chapter, not effect any liability of \r\nthat person of the nature referred to in clause (b) of sub-section (1) of section 95; but \r\nnothing in this section shall affect any rights against the insurer conferred under the \r\nprovisions of section 97, 98 and 99 on the person to whom the liability was incurred. \r\n102. Effect of de ath on certain causes of action .– Notwithstanding any thing \r\ncontained in section 306 of the Succession Act, 1925, the death of a person in \r\nwhose favour a certificate of insurance had been issued, if it occurs after the \r\nhappening of an event which has given rise to a claim under the provisions of this \r\nchapter, shall not be a bar to the survival of any cause of action arising out of the \r\nsaid event against his estate or against the insurer. \r\n103. Effect of certificate of insurance. – When an insurer has issued a certificate \r\nof insurance in respect of a contract of insurance between the insur er and the \r\ninsured person, then– \r\n(a) If and so long as the pol icy described in the certificate has not been \r\nissued by the insurer to the insured, the insurer shall, as between \r\nhimself and any other person except the insured, be deemed to have \r\nissued to the insured person a policy of insurance confirming in all \r\nrespects with the descriptions and particulars stated in such certificate; \r\nand \r\n(b) If the insurer has issued to the insured the policy described in the \r\ncertificate, but the actual terms of the policy or less favorable to \r\npersons claiming under or by virtue of t he policy against the insurer \r\neither directly or through the insured than the particulars of the policy \r\nas stated in the certificate, the policy shall, as between the insurer and \r\nany other person ex cept the insured, be deemed to be in terms \r\nconfirming all respects with the particulars stated in the said certificate. \r\n104. Duty to surrender certificate on cancellation of policy. – (1) Whenever the \r\nperiod of cover under a policy of insurance issued under the provisions of this \r\nchapter is terminated or suspended by any means before its expiration by effluxion \r\nof time, the insured person shall within seven days after such termination or \r\nsuspension delivered to the insurer by whom policy was issued the latest certificate \r\nof insurance given by the insurer in respect of the said policy, for if the said \r\ncertificate has been lost or destroyed, made an affidavit to that effect. \r\n (2) Whoever fails to surrender a certificate of insurance or to make an \r\naffidavit, as the case may be, in accordance with the provisions of this section shall \r\nbe punishable with fine which may extend to fifteen rupees for every day that the \r\noffence continuous subject to a maximum of five hundred rupees. \r\n105. Duty of insurer to notify registering authority cancellation or suspension \r\nof the poli cy.– Whenever a policy of insurance issued under the provisions of this \r\nchapter is cancelled or suspended by the insurer who has issued the policy the \r\ninsurer shall with in seven days notify such cancellation or suspension to the \r\nregistering authority in whose records the registration of the vehicle covered by the \r\npolicy of insurance is recorded or to such other authority as the Provincial \r\nGovernment may prescribed. \r\n106. Production of certificate of insurance. – (1) Any person drivi ng a motor \r\nvehicle in any publi c place shall on being so required by a police officer in uniform \r\nauthorised in this behalf by the Provincial Government produce the certificate of \r\ninsurance relating to the use of the vehicles. \r\n (2) If, where owing to the presence of a motor vehicle in a public place an \r\naccident, occurs involving bodily injury to an other persons, the driver of the vehicle \r\ndoes not at the time produce the certificate of insurance to a police officer, he shall \r\nproduce the certificate of insurance at the police station at which he makes the report \r\nrequired by section 89. \r\n (2-A) No person shall be liable to conviction under sub section (1) or sub \r\nsection or sub-section (2) by reason only of the failure to produce the certificate of \r\ninsurance if, within seven days from the date on which its production was required \r\nunder sub-section (1) or, as he may be, from the date of occurrence of the accident, \r\nhe produces the certificate at such police station as may hav e been specified by him \r\nto the Police Officer who required its production or, as the case may be, to the police \r\nofficer at the site of accident or t o the officer-in-charge of the Police S tation at which \r\nhe reported the accident: \r\n Provided that, except to such extent and with such modifications as may be \r\nprescribed, the provisio ns of this sub -section shall not apply to the driver of a \r\ntransport vehicle. \r\n (3) The owner of a motor vehicle shall give such information as he may be \r\nrequired by or on behalf of a police officer empowered in this behalf by the Provincial \r\nGovernment to g ive for the purpose of determining whether the vehicle was or was \r\nnot being driven in contravention of Section 94 and on any occasion when t he driver \r\nwas required under this section to produce his certificate of insurance. \r\n (4) In this section the expressio n “ produce his certificate of insurance” \r\nmeans produce for examination the relevant certificate of insurance or such other \r\nevidence as may be prescribed that the vehicle was not being driven in \r\ncontravention of section 94. \r\n107. Production of certificates o f insurance on application for authority to \r\nuse vehicle.– A provincial Government may make rules requiring the owner of any \r\nmotor vehicle when applying whether by payment of a tax or otherwise for authority \r\nto use the vehicle in a public place to produce s uch evidence as may be prescribed \r\nby those rules to the effect that either– \r\n(a) on the date when the authority to use the vehicle comes into operation \r\nthere will be in force the necessary policy of insurance in relation to the \r\nuse of the vehicle by the applicant or by other persons on his order or \r\nwith his permission, or \r\n (b) the vehicle is a vehicle to which section 94 does not apply. \r\n108. Co-operative Insurance .– (1) A Provincial Government may, on the \r\napplication of a co -operative society of transport ve hicle owners registered or \r\ndeemed to have been registered under the co -operative Societies Act, 1912, or \r\nunder an Act of a Provincial Legislative governing the registration of Co -operative \r\nSocieties and subject to the control of the Registrar of Co-operative Societies of the \r\nProvince, allow the society to transact the business of an insurer for the purposes of \r\nthis Chapter, subject to the following conditions, namely:– \r\n(a) the society shall establish and maintain a fund of not less than twenty -\r\nfive thousand for the first fifty vehicles or fraction al part thereof and \r\nprorate for every addition vehicle in the possession of members of and \r\ninsured with the society and the said fund shall be lodged in such \r\ncustody as the P rovincial Government may prescribe and sh all not be \r\navailable for meeting claims or other expenses except in the event of \r\nthe winding up of the society; \r\n(b) the insurance business of the society shall except to the extent \r\npermitted under clause (cc) be limited to transport vehicles owned by \r\nits members, and its liability shall be limited as specifies in sub -section \r\n(2) of section 95; \r\n(c) the society shall, if required by the provincial Government reinsure \r\nagainst claims above such amount as may be specified by the \r\nProvincial Government; \r\n(cc) the society may, if permitted by the provincial Government and subject \r\nto such conditions and limitations as may be imposed by it, accept \r\nreinsurances from other societies allowed to transact the business of \r\nan insurer under this section; \r\n(d) the provisions of this Chapter, insofar as they relate to the protection of \r\nthird parties and to the issue and production of certificates, shall apply \r\nin respect of any insurance effected by the society; \r\n(e) an independent authority not associated with the soc iety shall be \r\nappointed by the P rovincial Government to facilitate and assist in the \r\nsettling of claims against the society; \r\n(f) the society shall operate on an insurance basis, that is to say:– \r\n(i) it shall levy its premiums in respect of a period not exceeding \r\ntwelve months, during which period the insured shall be held \r\ncovered in respect of all accidents arising, subject to the limits of \r\nliability specified in sub-section (2) of section 95; \r\n(ii) it shall charge premium estimated to be sufficient, having regard \r\nto the risks, to meet the capitalized value of all claims arising \r\nduring the period of cover, together with and adequate charge \r\nfor expenses attaching to the issue of policies and to the \r\nsettlement of claims arising thereunder; \r\n(g) the society shall furnish to t he Controller of Insurance the returns \r\nrequired to be furnished by insurers under the provisions of the \r\nInsurance Act, 1938, and the Controller of Insurance may exercise in \r\nrespect thereof the powers exercisable by him in respect of returns \r\nmade to him under the said Act; and \r\n(h) the society shall, in respect of any business transacted by it of the \r\nnature referred to in cl ause (i) of the proviso to sub -section (1) Section \r\n95, be deemed to be an insurer within the meaning of sub -section (1) \r\nof Section 10, sub-section(6) of Section 13 of the insurance Act,1938. \r\n (2) The provisions of the insurance Act, 1938, relating to the winding up of \r\ninsurance companies shall, to the exclusion of any other law inconsistent therewith \r\nand subject to such modifications as may be prescribed, apply to the winding up of a \r\nco-operative society allowed to transact the business of an insurer under this section \r\nas if it were an insurance company; but save as hereinbefore provided, the \r\nInsurance Act, 1938 shall not apply to such society. \r\n109. Duty to furnish particulars of vehicles involved in accidents .– A \r\nregistering authority or the officer-in-charge of a police station shall, if so required by \r\na person who allege that he is entitled to claim compensation in respect of an \r\naccident a rising out of the use of a motor vehicle, or if so required by an insurer, \r\nagainst whom a claim has been made in respect of a ny motor vehicle, furnish to that \r\nperson or to that insurer, as the case may be, on payment of prescribed fee any \r\ninformation at th e disposal of the said authority or the said Police Officer relating to \r\nidentification marks and other particulars of the vehicle and the name and address of \r\nthe person who was using the vehicle at the time of the accident or was injured by it. \r\n110. Power to appoint person to investigate and report on accident. – A \r\nProvincial Government may, by notification in the official Gazette, appoint a person \r\nor a body of persons to investigate and report on accidents involving the death of or \r\nbodily injury to any person arising out of the use of motor vehicles and the extent to \r\nwhich their claims to compensation have been satisfied and to advise and assist \r\nsuch persons or representatives presenting their claims for compensation: \r\n Provided that nothing in this section s hall confer on any such person or body \r\nof persons the right to adjudicate in any way on the liability of the insurer or on the \r\namount of damages to be awarded except at the express desires of the insurer \r\nconcerned. \r\n111. Power to make rules .– (1) The Federal Government may make rules for the \r\npurpose of carrying into effect the provisions of the Chapter. \r\n (2) Without prejudice to the generality of the foregoing power, such rules \r\nmay provide for– \r\n(a) the forms to be used for the purposes of this Chapter; \r\n(b) the making of application for and the issue of certificates of insurance; \r\n(c) the issue of duplicates to replace certificates of insurance mutilated, \r\ndefaced, lost or destroyed; \r\n(d) the custody, production, cancellation and surrender of certificates of \r\ninsurance; \r\n(e) the records to be maintained by insurers of policies of insurances \r\nissued under this Chapter; \r\n(f) the identification by certificates or otherwise of persons or vehicles \r\nexempted from the provisions of this Chapter; \r\n(g) the furnishing of information respecting policy of insurance by insurer; \r\n(h) the carrying into effect of the provisions of section 108; \r\n(i) adapting the provisions of this Chapter to vehicles brought into \r\nPakistan by persons making only a temporary stay therein by applying \r\nthose provisions with prescribed modifications; and \r\n(j) any other matter which is to be or may be prescribed. \r\n125. 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