MOTOR
VEHICLES (AMENDMENT) ACT, 2019
Preamble - MOTOR VEHICLES (AMENDMENT) ACT, 2019
THE
MOTOR VEHICLES (AMENDMENT) ACT, 2019
[Act
No. 32 of 2019]
[09th
August, 2019]
PREAMBLE
An Act further to amend the Motor
Vehicles Act, 1988.
Be it enacted by Parliament in the
Seventieth Year of the Republic of India as follows:--
Section 1 - Short title and commencement
(1) This Act may be
called the Motor Vehicles (Amendment) Act, 2019.
(2) It shall come into
force on such [1]date
as the Central Government may, by notification in the Official Gazette, appoint
and different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
Section 2 - Amendment of section 2
In the Motor Vehicles Act, 1988 (59 of
1988) (hereinafter referred to as the principal Act), in section 2,--
(i) for clause (1), the
following clauses shall be substituted, namely:--
'(1) ?"adapted vehicle" means a motor
vehicle either specially designed and constructed, or to which alterations have
been made under sub-section (2) of section 52, for the use of a person
suffering from any physical defect or disability, and used solely by or for
such person;
(1A)
"aggregator" means a digital intermediary or market place for a
passenger to connect with a driver for the purpose of transportation;
(1B)
"area", in relation to any provision of this Act, means such area as
the State Government may, having regard to the requirements of that provision,
specify by notification in the Official Gazette;';
(ii) after clause (4), the
following clause shall be inserted, namely:--
'(4A) "community service"
means an unpaid work which a person is required to perform as a punishment for
an offence committed under this Act;';
(iii) after clause (9), the
following clause shall be inserted, namely:--
'(9A) "driver refresher training
course" means the course referred to in sub-section (2A) of section 19;';
(iv) after clause (12),
the following clause shall be inserted, namely:--
'(12A) "golden hour" means
the time period lasting one hour following a traumatic injury during which
there is highest likelihood of preventing death by providing prompt medical
care;';
(v) clause (18) shall be
omitted;
(vi) in clause (24), for
the words "invalid carriage", the words "adapted vehicle"
shall be substituted;
(vii) in clause (26), for
the words "invalid carriage", the words "adapted vehicle"
shall be substituted;
(viii) after clause (38),
the following clause shall be inserted, namely:--
'(38A) "scheme" means a
scheme framed under this Act;';
(ix) after clause (42),
the following clause shall be inserted, namely:--
'(42A) "testing agency" means
any entity designated as a testing agency under section 110B;';
(x) in clause (49), after
the word "rests", the words "or moves" shall be inserted.
Section 3 - Insertion of new section 2B
After section 2A of the
principal Act, the following section shall be inserted, namely:--
"2B. Promotion of innovation.
Notwithstanding anything contained in
this Act and subject to such conditions as may be prescribed by the Central
Government, in order to promote innovation, research and development in the
fields of vehicular engineering, mechanically propelled vehicles and
transportation in general, the Central Government may exempt certain types of
mechanically propelled vehicles from the application of the provisions of this
Act."
Section 4 - Amendment of section 8
In section 8 of the principal
Act,--
(i) in sub-section (1),
for the words "the licensing authority having jurisdiction in the
area", the words "any of the licensing authority in the State"
shall be substituted;
(ii) in sub-section (2),
for the words "and with such fee", the words "with such fee and
submit in such manner, including electronic means" shall be substituted;
(iii) in sub-section (3),--
(a) after the word
"application", the words "to drive a transport vehicle
made" shall be inserted;
(b) the proviso shall be
omitted;
(iv) in sub-section (4),
in the proviso, for the words "invalid carriage", the words
"adapted vehicle" shall be substituted;]
(v) in sub-section (5),
for the words "passes to the satisfaction of the licensing authority such
test", the words "satisfies such conditions" shall be
substituted;
(vi) in sub-section (6),
after the proviso, the following provisos shall be inserted, namely:--
"Provided further that a licencing
authority may issue a learner's licence in electronic form and such manner as
may be prescribed by the Central Government.:
Provided also that the licensing authority
may, before issuing the license, verify the identity of the applicant in such
manner as may be prescribed by the Central Government."
Section 5 - Amendment of section 9
In section 9 of the principal
Act,--
(i) in sub-section (1),
for the words "the licensing authority having jurisdiction in the
area", the words "any licensing authority in the State" shall be
substituted;
(ii) in sub-section (3),
for the second proviso, the following proviso shall be substituted, namely:--
"Provided further that a driving
licence for driving an adapted vehicle may be issued to the applicant, if the
licensing authority is satisfied that he is fit to drive such motor
vehicle.";
(iii) in sub-section (4),
the words "such minimum educational qualification as may be prescribed by
the Central Government and" shall be omitted;]
(iv) in sub-section (5),
in the proviso, after the words "last such test", the words and
figures "and such applicant shall be required to complete a remedial
driver training course from any school or establishment under section 12"
shall be inserted.
Section 6 - Amendment of section 10
In section 10 of the
principal Act, in sub-section (2), in clause (c), for the words "invalid
carriage", the words "adapted vehicle" shall be substituted.
Section 7 - Amendment of section 11
In section 11 of the
principal Act,--
(i) in sub-section (1),
for the words "the licensing authority having jurisdiction in the
area", the words "any licensing authority in the State" shall be
substituted;]
(ii) in sub-section (2),
the following proviso shall be inserted, namely:--
"Provided that the licensing
authority may, before issuing the license verify the identity of the applicant
in such manner as may be prescribed by the Central Government.".
Section 8 - Amendment of section 12
In section 12 of the
principal Act, after sub-section (4), the following sub-sections shall be
inserted, namely:--
"(5)
?Notwithstanding anything contained in
any other provision, where any school or establishment has been accredited by a
body notified by the Central Government under any other law for the time being
in force, any person who has successfully completed a training module at such
school or establishment covering a particular type of motor vehicle shall be
eligible to obtain a driving licence for such type of motor vehicle.
(6) ??The curriculum of the training module
referred to in sub-section (5) and the remedial driver training course referred
to in sub-section (5) of section 9 shall be such as may be prescribed by the
Central Government and that Government may make rules for the regulation of
such schools or establishments.".
Section 9 - Amendment of section 14
In section 14 of the
principal Act, in sub-section (2),--
(i) in clause (a),--
(A) for the words
"three years", the words "five years" shall be substituted;
(B) in the proviso, for
the portion beginning with the words "one year" and ending with the
word "and" the words "three years and renewal thereof shall be
subject to such conditions as the Central Government may prescribe; and",
shall be substituted;
(ii) for clause (b), the
following clause shall be substituted, namely:--
"(b)? in the case of any other licence, subject to
such conditions as the Central Government may prescribe, if the person
obtaining the licence, either originally or on renewal thereof,--
(i) ???has not attained the age of thirty years on
the date of issue or, renewal thereof, be effective until the date on which
such person attains the age of forty years; or
(ii) ??has attained the age of thirty years but has not
attained the age of fifty years on the date of issue or, renewal thereof, be
effective for a period of ten years from the date of such issue or renewal; or
(iii) ??has attained the age of fifty years but has
not attained the age of fifty-five years on the date of issue or, renewal
thereof, be effective until the date on which such person attains the age of
sixty years; or
(iv) ??has attained the age of fifty-five years on
the date of issue or as the case may be, renewal thereof, be effective for a
period of five years from the date of such issue or renewal.";
(iii) the proviso shall be
omitted.
Section 10 - Amendment of section 15
In section 15 of the
principal Act,--
(i) in sub-section (1),
in the first proviso, for the words "more than thirty days", the
words "either one year prior to date of its expiry or within one
year" shall be substituted;
(ii) in sub-section (3),
for the words "thirty days", the words "one year" shall be
substituted; and
(iii) in sub-section (4),--
(a) for the words
"thirty days", the words "one year" shall be substituted;
and
(b) in the second proviso
for the words "five years after the driving license has ceased to be
effective, the licensing authority may", the words "one year after
the driving licence has ceased to be effective, the licensing authority
shall" shall be substituted.
Section
11 - Amendment of section 19
In section 19 of the
principal Act,--
(i) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A) Where a
licence has been forwarded to the licensing authority under sub-section (4) of
section 206, the licensing authority, if satisfied after giving the holder of
the driving licence an opportunity of being heard, may either discharge the
holder of a driving licence or, it may for detailed reasons recorded in
writing, make an order disqualifying such person from holding or obtaining any
licence to drive all or any class or description of vehicles specified in the
licence--
(a) for a first offence,
for a period of three months;
(b) for a second or
subsequent offence, with revocation of the driving licence of such person:
Provided that where a driving licence
is revoked under this section, the name of the holder of such driving licence
may be placed in the public domain in such manner as may be prescribed by the
Central Government.";
(ii) in sub-section (2),--
(a) after the word,
brackets and figure "sub-section (1)", the words, brackets, figure
and letter "or sub-section (1A)" shall be inserted;
(b) for the proviso, the
following proviso shall be substituted, namely:--
"Provided that the driving licence
shall be returned to the holder at the end of the period of disqualification
only if he successfully completes the driver refresher training course.";
(iii) after sub-section
(2), the following sub-sections shall be inserted, namely:--
"(2A) The
licence holder whose licence has been suspended shall undergo the driver
refresher training course from a school or establishment licenced and regulated
under section 12 or such other agency, as may be notified by the Central
Government.
(2B) The nature,
syllabus and duration of the driver refresher training course shall be such as
may be prescribed by the Central Government.";
(iv) ??in sub-section (3), after the word, brackets
and figure "sub-section (1)", the words, brackets, figure and letter
"or sub-section (1A)" shall be inserted.
Section 12 - Insertion of new section 25A
After section 25 of the
principal Act, the following section shall be inserted, namely:--
"25A. National Register of Driving
Licences.
(1) The Central
Government shall maintain a National Register of Driving Licences in such form
and manner as may be prescribed.
(2) All State Registers
of Driving Licences shall be subsumed under the National Register of Driving
Licences by a date to be notified by the Central Government.
(3) No driving licence
issued, or renewed, under this Act shall be valid unless it has been issued a
unique driving licence number under the National Register of Driving Licences.
(4) All State Governments
and licensing authorities under this Act shall transmit all information
including contained data in the State Register of Driving Licences in such form
and manner as may be prescribed by the Central Government.
(5) The State Governments
shall be entitled to access the National Register and update their records in
such manner as may be prescribed by the Central Government.".
Section 13 - Substitution of new section for section 26
For section 26 of the
principal Act, the following section shall be substituted, namely:--
"26. Maintenance of State
Registers of Driving Licences.
Each State Government shall maintain,
in such form as may be prescribed by the Central Government, a register to be
known as the State Register of Driving Licences, in respect of driving licences
issued and renewed by the licensing authorities of the State Government,
containing particulars, including--
(a) names and addresses
of holders of driving licences;
(b) licence numbers;
(c) dates of issue or
renewal of licences;
(d) dates of expiry of
licences;
(e) classes and types of
vehicles authorised to be driven; and
(f) such other
particulars as the Central Government may prescribe.".
Section 14 - Amendment of section 27
In section 27 of the
principal Act,--
(i) after clause (d), the
following clauses shall be inserted, namely:--
"(da)
the form and manner in which a licensing authority may issue a learner's
licence under sub-section (6) of section 8;
(db)
the manner in which a licensing authority may verify the identity of the
applicant under the third proviso to sub-section (6) of section 8;";
(ii) after clause (j), the
following clauses shall be inserted, namely:--
"(ja)
the curriculum of training modules and the regulation of schools and
establishments under sub-section (6) of section 12;
(jb)
?the conditions for the renewal of
licence to drive transport vehicles carrying goods of dangerous or hazardous
nature and other motor vehicles under clause (a) and clause (b) of sub-section
(2) of section 14;
(jc)? ?the
manner in which a licensing authority may verify the identity of the applicant
under the third proviso to sub-section (2) of section 11;";
(iii) ??after clause (n), the following clauses shall
be inserted, namely:--
"(na) the manner
of placing in the public domain of the name of the licence holder as referred
to in sub-section (1A) of section 19;
(nb) ?providing for the nature, syllabus and
duration of the driver refresher training course as referred to in sub-section
(2B) of section 19;";
(iv) ?after clause (o), the following clause shall
be inserted, namely:--
"(oa) all or any of the matters
referred to in section 25A;";
(v) ???in clause (p), the words, brackets and
figure "sub-section (1) of" shall be omitted.
Section 15 - Amendment of section 28
In section 28 of the
principal Act, in sub-section (2), clause (j) shall be omitted.
Section 16 - Amendment of section 40
In section 40 of the
principal Act, for the words "a registering authority", the words
"any registering authority in the State" shall be substituted.
Section 17 - Amendment of section 41
In section 41 of the
principal Act,--
(i) in sub-section (1),
after the proviso, the following proviso shall be inserted, namely:--
"Provided further that in the case
of a new motor vehicle, the application for registration in the State shall be made
by the dealer of such motor vehicle, if the new motor vehicle is being
registered in the same State in which the dealer is situated.";
(ii) in sub-section (3),--
?
(a) for the words
"to the owner of a motor vehicle registered by it a certificate of
registration", the words "a certificate of registration in the name
of the owner" shall be substituted;
(iii) in sub-section (6),
the following proviso shall be inserted, namely:--
"Provided that in case of a new
motor vehicle, the application for the registration of which is made under the
second proviso to sub-section (1), such motor vehicle shall not be delivered to
the owner until such registration mark is displayed on the motor vehicle in
such form and manner as may prescribed by the Central Government.";
(iv) in sub-section (7),--
?
(a) the words "other
than a transport vehicle" shall be omitted; and
(b) after the words
"date of issue of such certificate", the words "or for such
period as may be prescribed by the Central Government" shall be inserted;
(v) in sub-section (8),
the words "other than a transport vehicle," shall be omitted;
(vi) in sub-section
(10),--
(a) for the words
"for a period of five years", the words "for such period, as may
be prescribed by the Central Government" shall be substituted;
(b) the following proviso
shall be inserted, namely:--
"Provided that the Central
Government may prescribe different period of renewal for different types of
motor vehicles.";
(vii) sub-sections (11),
(12) and (13) shall be omitted.
Section 18 - Substitution of new section for section 43
For section 43 of the
principal Act, the following section shall be substituted, namely:--
"43. Temporary Registration.
Notwithstanding anything contained in
section 40, the owner of a motor vehicle may apply to any registering authority
or other authority as may be prescribed by the State Government to have the
motor vehicle temporarily registered and such authority shall issue a temporary
certificate of registration and temporary registration mark in accordance with
such rules as may be made by the Central Government:
Provided that the State Government may
register a motor vehicle that plies, temporarily, within the State and issue a
certificate of registration and registration mark for a period of one month in
such manner as may be prescribed by the State Government.".
Section 19 - Substitution of new section for section 44
For section 44 of the
principal Act, the following section shall be substituted, namely:--
"44. Production of vehicle at the
time of registration.
(1) Subject to such terms
and conditions as may be prescribed by the Central Government in this behalf, a
motor vehicle sold by an authorised dealer shall not require production before
a registering authority for the purposes of registration for the first time.
(2) Subject to such terms
and conditions as may be prescribed by the State Government, a person in whose
name a certificate of registration has been issued shall not be required to
produce the vehicle registered or transferred before a registering
authority.".
Section 20 - Amendment of section 49
In section 49 of the
principal Act,--
(i) in sub-section (1),
for the words "registering authority, to that other registering
authority", the words "State, to any registering authority in that
State" shall be substituted;
(ii) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A) The intimation under
sub-section (1) may be sent to the appropriate registering authority in
electronic form along with the electronic form of such documents,
including proof of authentication in such manner as may be prescribed by the
Central Government.";
(iii) in sub-section (2),
for the words "one hundred rupees", the words "five hundred
rupees" shall be substituted.
Section 21 - Amendment of section 52
In section 52 of the
principal Act,--
(i) in sub-section (1),
for the second proviso, the following proviso shall be substituted, namely:--
"Provided further that the Central
Government may prescribe specifications, conditions for approval, retrofitment
and other related matters for the alteration of motor vehicles and in such
cases, the warranty granted by the manufacturer shall not be considered as void
for the purposes of such alteration or retrofitment.";
(ii) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A) A manufacturer of a motor
vehicle shall on the direction issued by the Central Government, alter or
retrofit safety equipment, or any other equipment in accordance with such
standards and specifications as may be specified by the Central
Government.";
(iii) for sub-section (2),
the following sub-section shall be substituted, namely:--
"(2) ?Notwithstanding anything contained in
sub-section (1), any person may, with the subsequent approval of the
registering authority, alter or cause to be altered any vehicle owned by him to
be converted into an adapted vehicle:
Provided that such alteration complies
with such conditions as may be prescribed by the Central Government.";
(iv) in sub-section (3),
the words, brackets and figure "or by reason of replacement of its engine
without such approval under sub-section (2)" shall be omitted.
Section 22 - Amendment of section 55
In section 55 of the
principal Act, after sub-section (5), the following sub-section shall be
inserted, namely:--
"(5A) If any
registering authority or other prescribed authority has reason to believe that
any motor vehicle within its jurisdiction has been used in the commission of an
offence punishable under section 199A, the authority may, after giving the
owner an opportunity of making a representation in writing, cancel the
certificate of registration of the vehicle for a period of one year:
Provided that the owner of the motor
vehicle may apply for fresh registration in accordance with the provisions of
section 40 and section 41.".
Section 23 - Amendment of section 56
In section 56 of the
principal Act,--
(i) in sub-section (1),
after the proviso, the following proviso shall be inserted, namely:--
"Provided further that no
certificate of fitness shall be granted to a vehicle, after such date as may be
notified by the Central Government, unless such vehicle has been tested at an
automated testing station.";
(ii) for sub-section (2),
the following sub-section shall be substituted, namely:--
"(2) The "authorised testing
station" referred to in sub-section (1) means any facility, including
automated testing facilities, authorised by the State Government, where fitness
testing may be conducted in accordance with the rules made by the Central
Government for recognition, regulation and control of such stations.";
(iii) in sub-section (4),
for the proviso, the following provisos shall be substituted, namely:--
"Provided that no such
cancellation shall be made by the prescribed authority unless,--
(a) such prescribed
authority holds such technical qualification as may be prescribed by the
Central Government and where the prescribed authority does not hold the
technical qualification, such cancellation is made on the basis of the report
of an officer having such qualification; and
(b) the reasons recorded
in writing cancelling a certificate of fitness are confirmed by an authorised
testing station chosen by the owner of the vehicle whose certificate of fitness
is sought to be cancelled:
Provided further that if the
cancellation is confirmed by the authorised testing station, the cost of
undertaking the test shall be borne by the owner of the vehicle being tested
and in the alternative by the prescribed authority.";
(iv) after sub-section
(5), the following sub-sections shall be inserted, namely:--
"(6) ?All transport vehicles with a valid
certificate of fitness issued under this section shall carry, on their bodies,
in a clear and visible manner such distinguishing mark as may be prescribed by
the Central Government.
(7) ??Subject to such conditions as the Central
Government may prescribe, the provisions of this section may be extended to
non-transport vehicles.".
Section 24 - Amendment of section 59
In section 59 of the
principal Act, after sub-section (3), the following sub-section shall be
inserted, namely:--
"(4) The Central Government may,
having regard to the public safety, convenience, protection of the environment
and the objects of this Act, make rules prescribing the manner of recycling of
motor vehicles and parts thereof which have exceeded their life.".
Section 25 - Insertion of new sections 62A and 62B
After section 62 in the
principal Act, the following sections shall be inserted, namely:--
"62A.
Prohibition of registration and issuance of certificate of fitness to oversized
vehicles.
(1) No registering
authority shall register any motor vehicle that contravenes any rule made under
clause (a) of sub-section (1) of section 110.
(2) No prescribed
authority or authorised testing station shall issue a certificate of fitness
under section 56 to any motor vehicle that contravenes any rule made under
section 110.
62B. National Register of Motor
Vehicles.
(1) The Central
Government shall maintain a National Register of Motor Vehicles in such form
and manner as may be prescribed by it:
Provided that all State Registers of
Motor Vehicles shall be subsumed under the National Register of Motor Vehicles
by such date as may be notified in the Official Gazette by the Central
Government.
(2) No certificate of
registration issued, or renewed, under this Act shall be valid unless it has
been issued a unique registration number under the National Register of Motor
Vehicles.
(3) In order to maintain
the National Register of Motor Vehicles, all State Governments and registering
authorities under this Act shall transmit all information and data in the State
Register of Motor Vehicles to the Central Government in such form and manner as
may be prescribed by the Central Government.
(4) State Governments
shall be able to access the National Register of Motor Vehicles and update
records in accordance with the provisions of this Act and the rules made by the
Central Government there under.".
Section 26 - Substitution of new section for section 63
For section 63 of the
principal Act, the following section shall be substituted, namely:--
"63. Maintenance of State
Registers of motor vehicles.
Each State Government shall maintain in
such form as may be prescribed by the Central Government a register to be known
as the State Register of Motor Vehicles, in respect of the motor vehicles in
that State, containing the particulars including--
(a) registration numbers;
(b) years of manufacture;
(c) classes and types;
(d) names and addresses
of registered owners; and
(e) such other
particulars as may be prescribed by the Central Government.".
Section 27 - Amendment of section 64
In section 64 of the
principal Act,--
(i) after clause (d), the
following clause shall be inserted, namely:--
"(da) providing for the period of
validity of a certificate of registration under sub-section (7) of section
41;";
(ii) ??after clause (e), the following clause shall
be inserted, namely:--
"(ea) the period of renewal of
certificate of registration of different types of motor vehicles under sub-section
(10) of section 41;";
(iii) ??after clause (f), the following clauses shall
be inserted, namely:--
"(fa) the issue
of temporary certificate of registration and temporary registration mark under
section 43;
(fb) ?the terms and conditions under which a motor
vehicle sold by an authorised dealer shall not require production before a
registering authority under sub-section (1) of section 44;";
(iv) ??after
clause (j), the following clause shall be inserted, namely:--
"(ja) the form and manner for the
electronic submission of the intimation of change of address, documents to be
submitted along with such intimation including proof of authentication under
sub-section (1A) of section 49;";
(v)
??after clause (l), the following clauses
shall be inserted, namely:--
"(la)
specifications, conditions for approval, retrofitment and other related matters
for the alteration of motor vehicles under sub-section (1) of section 52;
(lb) ?the conditions for the alteration of any motor
vehicle into an adapted vehicle under sub-section (2) of section 52;";
(vi) ?after clause (n), the following clauses shall
be inserted, namely:--
"(na) the
distinguishing mark to be carried on the body of transport vehicles under
sub-section (6) of section 56;
(nb) ?the conditions under which the application of
section 56 may be extended to non-transport vehicles under sub-section (7) of
section 56;
(nc) ?the recycling of motor vehicles and parts
thereof which have exceeded their life under sub-section (4) of section
59;";
(vii) ?after clause (o), the following clauses shall
be inserted, namely:--
"(oa) all or any
of the matters under sub-section (1) of section 62B;
(ob) ?all or any of the matters under sub-section
(1) and sub-section (2) of section 63;".
Section 28 - Amendment of section 65
In section 65 of the
principal Act, in sub-section (2),--
(i) in clause (f), after
the word "marks", the words and figures "under the proviso to
section 43" shall be inserted;]
(ii) clause (o) shall be
omitted.
Section 29 - Amendment of section 66
In section 66 of the
principal Act,--
(i) in sub-section (1),
after the third proviso, the following proviso shall be inserted, namely:--
"Provided also that where a
transport vehicle has been issued any permit or permits, as well as a licence
under this Act, such vehicle may be used either under the permit, or permits,
so issued to it, or under such licence, at the discretion of the vehicle
owner.";
(ii) in sub-section (3),
after clause (p), the following clause shall be inserted, namely:--
"(q) to any transport vehicle
having been issued a licence under a scheme, under sub-section (3) of section
67 or sub-section (1) of section 88A, or plying under such orders as may be
issued by the Central Government or by the State Government.".
Section 30 - Insertion of new sections 66A and 66B
After section 66 of the
principal Act, the following sections shall be inserted, namely:--
"66A. National Transportation
Policy
The Central Government may develop a
National Transportation Policy consistent with the objects of this Act in
concurrence with the State Governments and other agencies with a view to--
(i) establish a planning
framework for passengers and goods transportation within which transport bodies
are to operate;
(ii) establish a medium
and long term planning framework for all forms of road transport, identify
areas for the development of transport improvement infrastructure across India
in consultation with the authorities and agencies related to ports, railways
and aviation as well as with local and State level planning, land holding and
regulatory authorities for the delivery of an integrated multimodal transport
system;
(iii) establish the
framework of grant of permits and schemes;
(iv) establish strategic
policy for transport by road and its role as a link to other means of
transport;
(v) identify strategic
policies and specify priorities for the transport system that address current
and future challenges;
(vi) provide medium to
long term strategic directions, priorities and actions;
(vii) promote competition,
innovation, increase in capacity, seamless mobility and greater efficiency in
transport of goods or livestock or passengers, and economical use of resources;
(viii) safeguard the
interest of the public and promote equity, while seeking to enhance private
participation and public-private partnership in the transport sector;
(ix) demonstrate an
integrated approach to transport and land use planning;
(x) identify the
challenges that the National Transportation Policy seeks to address; and
(xi) address any other
matter deemed relevant by the Central Government.
66B. No bar against permit holders to
apply and hold licences under schemes.
No person who holds the permit issued
under this Act shall--
(a) be disqualified from
applying for a licence under the scheme made under sub-section (3) of section
67 or sub-section (1) of section 88A by reason of holding such permit; and
(b) be required to get
such permit cancelled on being issued a licence under any scheme made under
this Act.".
Section 31 - Amendment of section 67
In section 67 of the
principal Act,--
(i) for sub-section (1),
the following sub-section shall be substituted, namely:--
"(1) A State Government, having
regard to--
(a) the advantages
offered to the public, trade and industry by the development of motor
transport;
(b) the desirability of
co-ordinating road and rail transport;
(c) the desirability of
preventing the deterioration of the road system, and
(d) promoting effective
competition among the transport service providers, may, from time to time,
by notification in the Official Gazette issue directions both to the State
Transport Authority and Regional Transport Authority regarding the passengers'
convenience, economically competitive fares, prevention of overcrowding and
road safety.";
(ii) in sub-section (2),
the following proviso shall be inserted, namely:--
"Provided that the State
Government may subject to such conditions as it may deem fit, and with a view
to achieving the objectives specified in clause (d) of sub-section (1), relax
all or any of the provisions made under this Chapter.";
(iii) after sub-section
(2), the following sub-sections shall be inserted, namely:--
"(3) ?Notwithstanding anything contained in this
Act, the State Government may, by notification in the Official Gazette, modify
any permit issued under this Act or make schemes for the transportation of
goods and passengers and issue licences under such scheme for the promotion of
development and efficiency in transportation--
(a) last mile
connectivity;
(b) rural transport;
(c) reducing traffic
congestion;
(d) improving urban
transport;
(e) safety of road users;
(f) better utilisation of
transportation assets;
(g) the enhancement of
economic vitality of the area, through competitiveness, productivity and
efficiency;
(h) the increase in the
accessibility and mobility of people;
(i) the protection and
enhancement of the environment;
(j) the promotion of
energy conservation;
(k) improvement of the quality
of life;
(l) enhance integration
and connectivity of the transportation system, across and between modes of
transport; and
(m) such other matters as
the Central Government may deem fit.
(4) ??The scheme framed under sub-section (3),
shall specify the fees to be charged, form of application and grant of a
licence including the renewal, suspension, cancellation or modification of such
licence.".
Section 32 - Amendment of section 72
In section 72 of the
principal Act, in sub-section (2), the following proviso shall be inserted,
namely:--
"Provided that the Regional
Transport Authority may waive any such condition for a stage carriage permit
operating in a rural area, as it deems fit.".
Section 33 - Amendment of section 74
In section 74 of the
principal Act,--
(i) in sub-section (2),
the following proviso shall be inserted, namely:--
"Provided that the Regional
Transport Authority may in the interests of last mile connectivity waive any
such condition in respect of any such types of vehicles as may be specified by
the Central Government.";
(ii) in sub-section (3),
in the proviso to clause (b), after sub-clause (vi), the following sub-clause
shall be inserted, namely:--
"(vii) self-help groups.".
Section 34 - Insertion of new section 88A
After section 88 of the principal
Act, the following section shall be inserted, namely:--
"88A. Power of
Central Government to make schemes for national, multimodal and inter-State
transport of passengers and goods.
(1) Notwithstanding
anything contained in this Act, the Central Government may, by notification in
the Official Gazette, modify any permit issued under this Act or make schemes
for national, multimodal and inter-State transportation of goods or passengers,
and issue or modify licences under, such scheme for the following purposes,
namely:--
(a) last mile
connectivity;
(b) rural transport;
(c) improving the
movement of freight, and logistics;
(d) better utilisation of
transportation assets;
(e) the enhancement to
the economic vitality of the area, especially by enabling competitiveness, productivity
and efficiency;
(f) the increase in the
accessibility and mobility of people;
(g) the protection and
enhancement of the environment;
(h) the promotion of
energy conservation;
(i) improvement of the
quality of life;
(j) enhancement of the integration
and connectivity of the transportation system, across and between modes of
transport; and
(k) such other matters as
the Central Government may deem fit:
Provided that the Central Government
may, before taking any action under this sub-section seek concurrence of the
State Governments.
(2) Notwithstanding
anything contained in sub-section (1), two or more States may make schemes for
the operation within such States for the inter-State transportation of goods or
passengers:
Provided that in the event of any
repugnancy between the schemes made by the Central Government under sub-section
(1) and schemes made by two or more States under this sub-section, the schemes
made under sub-section (1) shall prevail.".
Section 35 - Amendment of section 92
In section 92 of the
principal Act, for the words "stage carriage or contract carriage, in
respect of which a permit", the words "transport vehicle, in respect
of which a permit or licence" shall be substituted.
Section 36 - Amendment of section 93
In section 93 of the
principal Act,--
(i) for the marginal
heading, the following marginal heading shall be substituted, namely:--
"Agent or canvasser or aggregator
to obtain licence.";
(ii) in sub-section (1),--
(a) after clause (ii),
the following clause shall be inserted, namely:--
"(iii) as an aggregator,";
(b) the following
provisos shall be inserted, namely:--
"Provided that while issuing the
licence to an aggregator the State Government may follow such guidelines as may
be issued by the Central Government:
Provided further that every aggregator
shall comply with the provisions of the Information Technology Act, 2000 (21 of
2000) and the rules and regulations made there under.".
Section 37 - Amendment of section 94
In section 94 of the
principal Act, after the word "permit" occurring at both the places
the words "or licence issued under any scheme" shall be inserted.
Section 38 - Amendment of section 96
In section 96 of the
principal Act, in sub-section (2), after clause (xxxii), the following clauses
shall be inserted, namely:--
"(xxxiia) framing of schemes under
sub-section (3) of section 67;
(xxxiib) the promotion of effective
competition, passenger convenience and safety, competitive fares and prevention
of overcrowding;".
Section 39 - Amendment of section 110
In section 110 of the
principal Act,--
(i) in sub-section (1),
in clause (k), after the words "standards of the components", the
words ", including software," shall be inserted;
(ii) in sub-section (2),
after the words "in particular circumstances", the words "and
such rules may lay down the procedure for investigation, the officers empowered
to conduct such investigations, the procedure for hearing of such matters and
the penalties to be levied there under" shall be inserted;
(iii) after sub-section
(2), the following sub-section shall be inserted, namely:--
"(2A) Persons
empowered under sub-section (2) to conduct investigations referred to in
sub-section (2) shall have all the powers of a civil court, while trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following
matters, namely:--
(a) summoning and
enforcing the attendance of any person and examining him on oath;
(b) requiring the
discovery and production of any document;
(c) receiving evidence on
affidavit; and
(d) any other matter as
may be prescribed.".
Section 40 - Insertion of new sections 110A and 110B
After section 110 of the
principal Act, the following sections shall be inserted, namely:--
"110A. Recall of motor vehicles.
(1) The Central
Government may, by order, direct a manufacturer to recall motor vehicles of a
particular type or its variants, if?
(a) a defect in that
particular type of motor vehicle may cause harm to the environment or to the
driver or occupants of such motor vehicle or other road users; and
(b) a defect in that
particular type of motor vehicle has been reported to the Central Government by?
(i) such percentage of
owners, as the Central Government, may by notification in the Official Gazette,
specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect
referred to in sub-section (1) lies in a motor vehicle component, the Central
Government may, by order, direct a manufacturer to recall all motor vehicles
which contain such component, regardless of the type or variants of such motor
vehicle.
(3) A manufacturer whose vehicles
are recalled under sub-section (1) or sub-section (2), shall?
(a) reimburse the buyers
for the full cost of the motor vehicle, subject to any hire-purchase or
lease-hypothecation agreement; or
(b) replace the defective
motor vehicle with another motor vehicle of similar or better specifications
which complies with the standards specified under this Act or repair it; and
(c) pay such fines and
other dues in accordance with sub-section (6).
(4) Where a manufacturer
notices a defect in a motor vehicle manufactured by him, he shall inform the
Central Government of the defect and initiate recall proceedings and in such
case the manufacturer shall not be liable to pay fine under sub-section (3).
(5) The Central
Government may authorise any officer to conduct investigation under this
section who shall have all the powers of a civil court, while trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following
matters, namely:--
(a) summoning and
enforcing the attendance of any person and examining him on oath;
(b) requiring the
discovery and production of any document;
(c) receiving evidence on
affidavit; and
(d) any other matter as
may be prescribed.
(6) The Central
Government may make rules for regulating the recall of motor vehicles, of a
particular type or its variants, for any defect which in the opinion of
the Central Government, may cause harm to the environment or to the driver
or occupants of such motor vehicle or to other road users.
110B. Type-approval certificate and
testing agencies.
(1) No motor vehicle,
including a trailer or semi-trailer or modular hydraulic trailer or side car
shall be sold or delivered or offered for sale or delivery or used in a public
place in India unless a type-approval certificate referred to in sub-section
(2) has been issued in respect of such vehicle:
Provided that the Central Government
may, by notification in the Official Gazette, extend the requirement of
type-approval certificate to other vehicles drawn or intended to be drawn by a
motor vehicle:
Provided further that such certificate
shall not be required for vehicles which are--
(a) intended for export
or display or demonstration or exhibition; or
(b) used by a
manufacturer of motor vehicles or motor vehicle components or a research and
development centre or a test by agency for testing and validation or for data
collection, inside factory premises or in a non-public place; or
(c) exempted by the
Central Government.
(2) The manufacturer or
importer of motor vehicles including trailers, semi-trailers, modular hydraulic
trailers and side cars shall submit the prototype of the vehicle to be
manufactured or imported for test to a testing agency for obtaining a
type-approval certificate by such agency.
(3) The Central
Government shall make rules for the accreditation, registration and regulation
of testing agencies.
(4) The testing agencies
shall conduct tests on vehicles drawn from the production line of the
manufacturer or obtained otherwise to verify the conformity of such vehicles to
the provisions of this Chapter and the rules and regulations made there under.
(5) Where the motor
vehicle having a type-approval certificate is recalled under section 110A, the
testing agency which granted the certificate to such motor vehicle shall be
liable for its accreditation and registration to be cancelled.".
Section 41 - Amendment of section 114
In section 114 of the
principal Act, in sub-section (1), for the words "authorised in this
behalf by the State Government", the words "or any other person
authorised in this behalf by the State Government" shall be substituted.
Section 42 - Amendment of section 116
In section 116 of the
principal Act,--
(i) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A)
Notwithstanding anything contained in sub-section (1), the National Highways
Authority of India constituted under the National Highways Authority of India
Act, 1988 (68 of 1988) or any other agency authorised by the Central
Government, may cause or permit traffic signs, as provided in the First
Schedule, to be placed or erected or removed on national highways for the
purpose of regulating motor vehicle traffic and may order the removal of any
sign or advertisement which in its opinion is so placed as to obscure any
traffic sign from view or is so similar in appearance to a traffic sign as to
mislead or is likely to distract the attention or concentration of the driver:
Provided that for the purposes of this sub-section,
the National Highway Authority of India or any other agency authorised by the
Central Government may seek assistance from the authorities of the State
Government and the said State Government shall provide such assistance.";
(ii) in sub-section (3),
after the words, brackets and figure "provided by sub-section (1)",
the words, brackets, figure and letter "or sub-section (1A)" shall be
inserted.
Section 43 - Amendment of section 117
In section 117 of the
principal Act, the following provisos shall be inserted, namely:--
"Provided that the State
Government or the authorised authority shall, give primacy to the safety of
road users and the free flow of traffic in determining such places:
Provided further that for the purpose
of this section the National Highways Authority of India, constituted under the
National Highways Authority of India Act, 1988 (68 of 1988) or any other agency
authorised by the Central Government, may also determine such places.".
Section 44 - Substitution of new section for section 129
For section 129 of the
principal Act, the following section shall be substituted, namely:--
'129. Wearing of protective headgear.
Every person, above four years of age,
driving or riding or being carried on a motorcycle of any class or description
shall, while in a public place, wear protective headgear conforming to such
standards as may be prescribed by the Central Government:
Provided that the provisions of this
section shall not apply to a person who is a Sikh, if, while driving or riding
on the motorcycle, in a public place, he is wearing a turban:
Provided further that the Central
Government may by rules provide for measures for the safety of children below
four years of age riding or being carried on a motorcycle.
Explanation.-- "Protective
headgear" means a helmet which,--
(a) by virtue of its
shape, material and construction, could reasonably be expected to afford to the
person driving or riding on a motorcycle a degree of protection from injury in
the event of an accident; and
(b) is securely fastened
to the head of the wearer by means of straps or other fastenings provided on
the headgear.'.
Section 45 - Insertion of new section 134A
After section 134 of the
principal Act, the following section shall be inserted, namely:--
"134A. Protection of Good
Samaritans.
(1) A Good Samaritan
shall not be liable for any civil or criminal action for any injury to or death
of the victim of an accident involving a motor vehicle, where such injury or
death resulted from the Good Samaritan's negligence in acting or failing to act
while rendering emergency medical or non-medical care or assistance.
(2) The Central
Government may by rules provide for the procedure for questioning or
examination of the Good Samaritan, disclosure of personal information of the Good
Samaritan and such other related matters.
Explanation.-- For the purposes of
this section, "Good Samaritan" means a person, who in good faith,
voluntarily and without expectation of any reward or compensation renders
emergency medical or non-medical care or assistance at the scene of an accident
to the victim or transports such victim to the hospital.".
Section 46 - Amendment of section 135
In section 135 of the
principal Act,--
(i) in sub-section (1),--
(a) in clause (c), the
word "and" shall be omitted;
(b) in clause (d), for
the word "highways", the words "highways; and" shall be
substituted; and
(ii) after clause (d), the
following clause shall be inserted, namely:--
"(e) any other amenities in the
interests of the safety and the convenience of the public.";
(iii) after sub-section
(2), the following sub-section shall be inserted, namely:--
"(3) The Central Government may,
by notification in the Official Gazette, make one or more schemes to conduct
in-depth studies on the causes and analysis of road accidents.".
Section 47 - Insertion of new section 136A
After section 136 of the
principal Act, the following section shall be inserted, namely:--
'136A. Electronic monitoring and
enforcement of road safety.
(1) The State Government
shall ensure electronic monitoring and enforcement of road safety in the manner
provided under sub-section (2) on national highways, state highways, roads or
in any urban city within a State which has a population up to such limits as
may be prescribed by the Central Government.
(2) The Central
Government shall make rules for the electronic monitoring and enforcement of
road safety including speed cameras, closed-circuit television cameras, speed
guns, body wearable cameras and such other technology.
Explanation.-- For the purpose of
this section the expression "body wearable camera" means a mobile
audio and video capture device worn on the body or uniform of a person
authorised by the State Government.'.
Section 48 - Amendment of section 137
In section 137 of the
principal Act,--
(i) after clause (a), the
following clause shall be inserted, namely:--
"(aa) providing for the standards
of protective headgear and measures for the safety of children below the age of
four years riding under section 129;";
(ii) after clause (b), the
following clauses shall be inserted, namely:--
"(c) ?providing for limits of urban city by the
State Governments under sub-section (1) of section 136A; and
(d) ??providing
for electronic monitoring and enforcement under sub-section (2) of section
136A.".
Section 49 - Amendment of section 138
In section 138 of the
principal Act, after sub-section (1), the following sub-section shall be
inserted, namely:--
"(1A) The State
Government may, in the interest of road safety, make rules for the purposes of
regulating the activities and access of non-mechanically propelled vehicles and
pedestrians to public places and national highways:
Provided that in the case of national
highways, such rules shall be framed in consultation with the National Highways
Authority of India.".
Section 50 - Omission of Chapter X
Chapter X in the principal Act shall be
omitted.
Section 51 - Substitution of new Chapter XI for Chapter XI
For Chapter XI of the principal Act,
the following Chapter shall be substituted, namely:--
'CHAPTER
XI
Insurance
of Motor Vehicles against third party risks
145. Definitions.
In this Chapter,--
(a) "authorised
insurer" means an insurer for the time being carrying on general insurance
business in India and granted a certificate of registration by the Insurance
Regulatory and Development Authority of India established under section
3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of
1999) and any Government insurance fund authorised to do general insurance
business under the General Insurance Business (Nationalisation) Act, 1972 (57
of 1972);
(b) "certificate of
insurance" means a certificate issued by an authorised insurer in
pursuance of section 147 and includes a cover note complying with such
requirements as may be prescribed, and where more than one certificate has been
issued in connection with a policy, or where a copy of a certificate has been
issued, all those certificates or that copy, as the case may be;
(c) "grievous
hurt" shall have the same meaning as assigned to it in section
320 of the Indian Penal Code (45 of 1860);
(d) "hit and run
motor accident" means an accident arising out of the use of a motor
vehicle or motor vehicles the identity whereof cannot be ascertained in spite
of reasonable efforts for the purpose;
(e) "Insurance
Regulatory and Development Authority" means the Insurance Regulatory and
Development Authority established under section 3 of the Insurance
Regulatory and Development Authority Act, 1999 (41 of 1999);
(f) "policy of
insurance" includes certificate of insurance;
(g) "property"
includes roads, bridges, culverts, causeways, trees, posts, milestones and
baggage of passengers and goods carried in any motor vehicle;
(h) "reciprocating
country" means any such country as may on the basis of reciprocity be
notified by the Central Government in the Official Gazette to be a
reciprocating country for the purposes of this Act;
(i) "third
party" includes the Government, the driver and any other co-worker on a
transport vehicle.
146. Necessity for insurance against
third party risks.
(1) No person shall use,
except as a passenger, or cause or allow any other person to use, a motor
vehicle in a public place, unless there is in force, in relation to the use of
the vehicle by that person or that other person, as the case may be, a policy
of insurance complying with the requirements of this Chapter:
Provided that in the case of a vehicle
carrying, or meant to carry, dangerous or hazardous goods, there shall also be
a policy of insurance under the Public Liability Insurance Act, 1991 (6 of
1991).
Explanation.-- For the purposes of
this sub-section, a person driving a motor vehicle merely as a paid employee,
while there is in relation to the use of the vehicle no such policy in force as
is required by this sub-section, shall not be deemed to act in contravention of
the sub-section unless he knows or has reason to believe that there is no such
policy in force.
(2) The provisions of
sub-section (1) shall not apply to any vehicle owned by the Central Government
or a State Government and used for purposes not connected with any commercial
enterprise.
(3) The appropriate
Government may, by order, exempt from the operation of sub-section (1), any
vehicle owned by any of the following authorities, namely:--
(a) the Central
Government or a State Government, if the vehicle is used for purposes connected
with any commercial enterprise;
(b) any local authority;
(c) any State Transport
Undertaking:
Provided that no such order shall be
made in relation to any such authority unless a fund has been established and
is maintained by that authority in such manner as may be prescribed by
appropriate Government.
Explanation.-- For the purposes of
this sub-section, "appropriate Government" means the Central
Government or a State Government, as the case may be, and--
(1) in relation to any corporation
or company owned by the Central Government or any State Government, means the
Central Government or that State Government;
(2) in relation to any
corporation or company owned by the Central Government and one or more State
Governments, means the Central Government;
(3) in relation to any
other State Transport Undertaking or any local authority, means that Government
which has control over that undertaking or authority.
147. Requirement of policies and limits
of liability.
(1) In order to comply with
the requirements of this Chapter, a policy of insurance must be a policy which?
(a) is issued by a person
who is an authorised insurer; and
(b) insures the person or
classes of persons specified in the policy to the extent specified in
sub-section (2)?
(i) against any liability
which may be incurred by him in respect of the death of or bodily injury to any
person including owner of the goods or his authorised representative carried in
the motor vehicle or damage to any property of a third party caused by or arising
out of the use of the motor vehicle in a public place;
?
(ii) against the death of
or bodily injury to any passenger of a transport vehicle, except gratuitous
passengers of a goods vehicle, caused by or arising out of the use of the motor
vehicle in a public place.
Explanation.-- For the removal of
doubts, it is hereby clarified that the death of or bodily injury to any person
or damage to any property of a third party shall be deemed to have been caused
by or to have arisen out of, the use of a vehicle in a public place,
notwithstanding that the person who is dead or injured or the property which is
damaged was not in a public place at the time of the accident, if the act or
omission which led to the accident occurred in a public place.
(2) Notwithstanding anything
contained under any other law for the time being in force, for the purposes of
third party insurance related to either death of a person or grievous hurt to a
person, the Central Government shall prescribe a base premium and the liability
of an insurer in relation to such premium for an insurance policy under
sub-section (1) in consultation with the Insurance Regulatory and Development
Authority.
?
(3) A policy shall be of
no effect for the purposes of this Chapter unless and until there is issued by
the insurer in favour of the person by whom the policy is effected, a
certificate of insurance in the prescribed form and containing the prescribed
particulars of any condition subject to which the policy is issued and of any
other prescribed matters; and different forms, particulars and matters may
be prescribed in different cases.
(4) Notwithstanding
anything contained in this Act, a policy of Insurance issued before the
commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on
the existing terms under the contract and the provisions of this Act shall
apply as if this Act had not been amended by the said Act.
(5) Where a cover note
issued by the insurer under the provisions of this Chapter or the rules or
regulations made there under is not followed by a policy of insurance within
the specified time, the insurer shall, within seven days of the expiry of the
period of the validity of the cover note, notify the fact to the registering
authority or to such other authority as the State Government may prescribe.
(6) Notwithstanding
anything contained in any other law for the time being in force, an insurer
issuing a policy of insurance under this section shall be liable to indemnify
the person or classes of persons specified in the policy in respect of any
liability which the policy purports to cover in the case of that person or
those classes of persons.
148. Validity of policies of insurance
issued in reciprocating countries.
Where, in pursuance of an arrangement
between India and any reciprocating country, the motor vehicle registered in
the reciprocating country operates on any route or within any area common to
the two countries and there is in force in relation to the use of the vehicle
in the reciprocating country, a policy of insurance complying with the
requirements of the law of insurance for the time being in force in that
country, then, notwithstanding anything contained in section 147 but subject to
any rules which may be made under section 164B such policy of insurance shall
be effective throughout the route or area in respect of which the arrangement
has been made, as if the policy of insurance had complied with the requirements
of this Chapter.
149. Settlement by insurance company
and procedure there for.
(1) The insurance company
shall, upon receiving information of the accident, either from claimant or
through accident information report or otherwise, designate an officer to
settle the claims relating to such accident.
(2) An officer designated
by the insurance company for processing the settlement of claim of compensation
may make an offer to the claimant for settlement before the Claims Tribunal
giving such details, within thirty days and after following such procedure as
may be prescribed by the Central Government.
(3) If, the claimant to
whom the offer is made under sub-section (2),--
(a) accepts such offer,--
(1) the Claims Tribunal
shall make a record of such settlement, and such claim shall be deemed to be
settled by consent; and
(2) the payment shall be
made by the insurance company within a maximum period of thirty days from the
date of receipt of such record of settlement;
(b) rejects such offer, a
date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim
on merits.
150. Duty of insurers to satisfy
judgments and awards against persons insured in respect of third party risks.
(1) If, after a
certificate of insurance has been issued under sub-section (3) of section 147
in favour of the person by whom a policy has been effected, judgment or award
in respect of any such liability as is required to be covered by a policy under
clause (b) of sub-section (1) of section 147 (being a liability covered by the
terms of the policy) or under the provisions of section 164 is obtained against
any person insured by the policy, then, notwithstanding that the insurer may be
entitled to avoid or cancel or may have avoided or cancelled the policy, the
insurer shall, subject to the provisions of this section, pay to the person
entitled to the benefit of the award any sum not exceeding the sum assured
payable there under, as if that person were the decree holder, in respect of
the liability, together with any amount payable in respect of costs and any sum
payable in respect of interest on that sum by virtue of any enactment relating
to interest on judgments.
(2) No sum shall be
payable by an insurer under sub-section (1) in respect of any judgment or award
unless, before the commencement of the proceedings in which the judgment or
award is given the insurer had notice through the court or, as the case may be,
the Claims Tribunal of the bringing of the proceedings, or in respect of such
judgment or award so long as its execution is stayed pending an appeal; and an
insurer to whom notice of the bringing of any such proceedings is so given
shall be entitled to be made a party thereto, and to defend the action on any
of the following grounds, namely:--
(a) that there has been a
breach of a specified condition of the policy, being one of the following
conditions, namely:--
(1) a condition excluding
the use of the vehicle?
(A) for hire or reward,
where the vehicle is on the date of the contract of insurance a vehicle not
covered by a permit to ply for hire or reward; or
(B) for organised racing
and speed testing; or
(C) for a purpose not
allowed by the permit under which the vehicle is used, where the vehicle is a
transport vehicle; or
(D) without side-car
being attached where the vehicle is a two-wheeled vehicle; or
(2) a condition excluding
driving by a named person or by any person who is not duly licenced or by any
person who has been disqualified for holding or obtaining a driving licence
during the period of disqualification or driving under the influence of alcohol
or drugs as laid down in section 185; or
(3) a condition excluding
liability for injury caused or contributed to by conditions of war, civil war,
riot or civil commotion; or
(b) that the policy is
void on the ground that it was obtained by nondisclosure of any material fact
or by representation of any fact which was false in some material particular;
or
(c) that there is
non-receipt of premium as required under section 64VB of the
Insurance Act, 1938 (4 of 1938).
(3) Where any such
judgment or award as is referred to in sub-section (1) is obtained from a court
in a reciprocating country and in the case of a foreign judgment is, by virtue
of the provisions of section 13 of the Code of Civil Procedure, 1908
(5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer
(being an insurer registered under the Insurance Act, 1938 (4 of 1938) and
whether or not that person is registered under the corresponding law of the
reciprocating country) shall be liable to the person entitled to the benefit of
the decree in the manner and to the extent specified in sub-section (1), as if
the judgment or award were given by a court in India:
Provided that no sum shall be payable
by the insurer in respect of any such judgment or award unless, before the
commencement of the proceedings in which the judgment or award is given, the
insurer had notice through the court concerned of the bringing of the
proceedings and the insurer to whom notice is so given is entitled under the corresponding
law of the reciprocating country, to be made a party to the proceedings and to
defend the action on grounds similar to those specified in sub-section (2).
(4) Where a certificate
of insurance has been issued under sub-section (3) of section 147 to the person
by whom a policy has been effected, so much of the policy as purports to
restrict the insurance of the persons insured thereby, by reference to any
condition other than those in sub-section (2) shall, as respects such
liabilities as are required to be covered by a policy under clause (b) of
sub-section (1) of section 147, be of no effect.
(5) No insurer to whom
the notice referred to in sub-section (2) or sub-section (3) has been given
shall be entitled to avoid his liability to any person entitled to the benefit
of any such judgment or award as is referred to in sub-section (1) or in such
judgment as is referred to in sub-section (3) otherwise than in the manner
provided for in sub-section (2) or in the corresponding law of the
reciprocating country, as the case may be.
(6) If on the date of
filing of any claim, the claimant is not aware of the insurance company with
which the vehicle had been insured, it shall be the duty of the owner of the
vehicle to furnish to the tribunal or court the information as to whether the
vehicle had been insured on the date of the accident, and if so, the name of
the insurance company with which it is insured.
Explanation.-- For the purposes of
this section,--
a.
"award"
means an award made by the Claims Tribunal under section 168;
b.
"Claims
Tribunal" means a Claims Tribunal constituted under section 165;
c.
"liability
covered by the terms of the policy" means the liability which is covered
by the policy or which would be so covered but for the fact that the insurer is
entitled to avoid or cancel or has avoided or cancelled the policy; and
d.
"material
fact" and "material particular" mean, respectively, a fact or
particular of such a nature as to influence the judgment of a prudent insurer
in determining whether he shall take the risk and, if so, at what premium and
on what conditions.
151. Rights of third party against
insurers on insolvency of insured.
(1) Where under any
contract of insurance affected in accordance with the provisions of this
Chapter, a person is insured against liabilities which he may incur to third
party, then?
(a) in the event of the
person becoming insolvent or making a composition or arrangement with his
creditors; or
(b) where the insured
person is a company, in the event of a winding-up order being made or a
resolution for a voluntary winding-up being passed with respect to the company
or of a receiver or manager of the company's business or undertaking being duly
appointed, or of possession being taken by or on behalf of the holders of any
debentures secured by a floating charge of any property comprised in or subject
to the charge, if, either before or after that event, any such liability
is incurred by the insured person his rights against the insurer under the
contract in respect of the liability shall, notwithstanding anything to the
contrary in any provision of law, be transferred to and vest in the third party
to whom the liability was so incurred.
(2) Where an order for
the administration of the estate of a deceased debtor is made according to the
law of insolvency, then, if any debt provable in insolvency is owing by the
deceased in respect of a liability to a third party against which he was
insured under a contract of insurance in accordance with the provisions of this
Chapter, the deceased debtor's rights against the insurer in respect of that
liability shall, notwithstanding anything to the contrary in any provision
of law, be transferred to and vest in the person to whom the debt is owing.
(3) Any condition in a
policy issued for the purposes of this Chapter purporting, either directly or
indirectly, to avoid the policy or to alter the rights of the parties there
under upon the happening to the insured person of any of the events specified
in clause (a) or clause (b) of sub-section (1) or upon the making of an order
for the administration of the estate of a deceased debtor according to the law
of insolvency, shall be of no effect.
(4) Upon a transfer under
sub-section (1) or sub-section (2), the insurer shall be under the same
liability to the third party as he would have been to the insured person, but--
(a) ??if the liability of the insurer to the
insured person exceeds the liability of the insured person to the third party,
nothing in this Chapter shall affect the rights of the insured person against
the insurer in respect of the excess amount; and
(b) ??if the liability of the insurer to the
insured person is less than the liability of the insured person to the third
party, nothing in this Chapter shall affect the rights of the third party
against the insured person in respect of the balance amount.
152. Duty to give information as to
insurance.
(1) No person against
whom a claim is made in respect of any liability referred to in clause (b) of
sub-section (1) of section 147 shall, on demand by or on behalf of the person
making the claim, refuse to state whether or not he was insured in respect of
that liability by any policy issued under the provisions of this Chapter, or
would have been so insured if the insurer had not avoided or cancelled the policy,
nor shall he refuse, if he was or would have been so insured, to give such
particulars with respect to that policy as were specified in the certificate of
insurance issued in respect thereof.
(2) In the event of any
person becoming insolvent or making an arrangement with his creditors or in the
event of an order being made for the administration of the estate of a deceased
person according to the law of insolvency, or in the event of a winding-up
order being made or a resolution for a voluntary winding-up being passed with
respect to any company or of a receiver or manager of the company's business or
undertaking being duly appointed or of possession being taken by or on behalf
of the holders of any debentures secured by a floating charge on any property comprised
in or subject to the charge, it shall be the duty of the insolvent debtor,
personal representative of the deceased debtor or company, as the case may be,
or the official assignee or receiver in insolvency, trustee, liquidator,
receiver or manager, or person in possession of the property to give, on the
request of any person claiming that the insolvent debtor, deceased debtor or
company is under such liability to him as is covered by the provision of this
Chapter, such information as may reasonably be required by him for the purpose
of ascertaining whether any rights have been transferred to and vested in him
by section 151 and for the purpose of enforcing such rights, if any, and any
such contract of insurance as purports whether directly or indirectly to avoid
the contract or to alter the rights of the parties there under upon the giving
of such information in the events aforesaid, or otherwise to prohibit or
prevent the giving thereof in the said events, shall be of no effect.
(3) If, from the
information given to any person in pursuance of sub-section (2) or otherwise,
he has reasonable ground for supporting that there have or may have been
transferred to him under this Chapter rights against any particular insurer,
that insurer shall be subject to the same duty as is imposed by the said
sub-section on the persons therein mentioned.
(4) The duty to give the
information imposed by this section shall include a duty to allow all contracts
of insurance, receipts for premiums, and other relevant documents in the
possession or power of the person on whom the duty is so imposed to be
inspected and copies thereof to be taken.
153. Settlement between insurers and
insured persons.
(1) No settlement made by
an insurer in respect of any claim which might be made by a third party in
respect of any liability of the nature referred to in clause (b) of sub-section
(1) of section 147 shall be valid unless such third party is a party to the
settlement.
(2) The Claims Tribunal
shall ensure that the settlement is bona fide and was not made under undue
influence and the compensation is made in accordance with the payment schedule
referred to in sub-section (1) of section 164.
(3) Where a person who is
insured under a policy issued for the purpose of this Chapter has become
insolvent, or where, if such insured person is a company, a winding-up order
has been made or a resolution for a voluntary winding-up has been passed with
respect to the company, no agreement made between the insurer and the insured
person after the liability has been incurred to a third party and after the
commencement of the insolvency or winding-up, as the case may be, nor any
waiver, assignment or other disposition made by or payment made to the insured
person after the commencement aforesaid, shall be effective to defeat the
rights transferred to the third party under this Chapter; but those rights
shall be the same as if no such agreement, waiver, assignment or disposition or
payment has been made.
154. Saving in respect of sections 151,
152 and 153.
(a) For the purposes of
sections 151, 152 and 153, a reference to "liabilities to third
parties" in relation to a person insured under any policy of insurance
shall not include a reference to any liability of that person in the capacity
of insurer under some other policy of insurance.
(b) The provisions of
sections 151, 152 and 153 shall not apply where a company is wound-up
voluntarily merely for the purposes of reconstruction or of an amalgamation
with another company.
155. Effect of death on certain causes
of action.
Notwithstanding anything contained
in section 306 of the Indian Succession Act, 1925 (39 of 1925), the
death of a person in whose favour a certificate of insurance had been issued,
if it occurs after the happening of an event which has given rise to a claim
under the provisions of this Chapter, shall not be a bar to the survival of any
cause of action arising out of such event against his estate or against the
insurer.
156. Effect of certificate of
insurance.
When an insurer has issued a
certificate of insurance in respect of a contract of insurance between the
insurer and the insured person, then--
(1) if and so long as the
policy described in the certificate has not been issued by the insurer to the
insured, the insurer shall, as between himself and any other person except the
insured, be deemed to have issued to the insured person a policy of insurance
conforming in all respects with the description and particulars stated in such
certificate; and
(2) if the insurer has
issued to the insured the policy described in the certificate, but the actual
terms of the policy are less favourable to persons claiming under or by virtue
of the policy against the insurer either directly or through the insured than
the particulars of the policy as stated in the certificate, the policy shall,
as between the insurer and any other person except the insured, be deemed to be
in terms conforming in all respects with the particulars stated in the said
certificate.
157. Transfer of certificate of
insurance.
(1) Where a person, in
whose favour the certificate of insurance has been issued in accordance with
the provisions of this Chapter, transfers to another person the ownership of
the motor vehicle in respect of which such insurance was taken together
with the policy of insurance relating thereto, the certificate of insurance and
the policy described in the certificate shall be deemed to have been
transferred in favour of the person to whom the motor vehicle is transferred
with effect from the date of its transfer.
Explanation.-- For the removal of
doubts, it is hereby clarified that such deemed transfer shall include transfer
of rights and liabilities of the said certificate of insurance and policy of
insurance.
(2) The transferee shall
apply within fourteen days from the date of transfer in the prescribed form to
the insurer for making necessary changes in regard to the fact of transfer in
the certificate of insurance and the policy described in the certificate in his
favour, and the insurer shall make the necessary changes in the certificate and
the policy of insurance in regard to the transfer of insurance.
158. Production of certain
certificates, licence and permit in certain cases.
(1) ??Any person driving a motor vehicle in any
public place shall, on being so required by a police officer in uniform
authorised in this behalf by the State Government, produce--
(a) the certificate of
insurance;
(b) the certificate of
registration;
(c) the pollution under
control certificate;
(d) the driving licence;
(e) in the case of a
transport vehicle, also the certificate of fitness referred to in section 56,
and the permit; and
(f) any certificate or
authorisation of exemption that has been granted under this Act, relating
to the use of the vehicle.
(2) ??Where, owing to the presence of a motor
vehicle in a public place, an accident occurs involving death or bodily injury
to another person, if the driver of the vehicle does not at that time produce
the required certificate, driving licence and permit referred to in sub-section
(1) to a police officer, he or the owner shall produce the said certificates,
licence and permit at the police station at which the driver makes the report
required by section 134.
(3) ??No person shall be liable to conviction for
offences under sub-section (1) or sub-section (2) by reason of the failure to
produce the required certificate if, within seven days from the date on which
its production was required under sub-section (1), or as the case may be, from
the date of occurrence of the accident, he produces the certificate at such
police station as may have been specified by him to the police officer who
required its production or, as the case may be, to the police officer at the
site of the accident or to the officer-in-charge of the police station at which
he reported the accident:
Provided that except to such extent and
with such modifications as may be prescribed, the provisions of this
sub-section shall not apply to the driver of a transport vehicle.
(4) ??The owner of a motor vehicle shall give such
information as he may be required by or on behalf of a police officer empowered
in this behalf by the State Government for the purpose of determining whether
the vehicle was or was not being driven in contravention of section 146 and on
any occasion when the driver was required under this section to produce the
certificate of insurance.
(5) ??In this section, the expression "produce
the certificate of insurance" means production for examination the
relevant certificate of insurance or such other evidence as may be
prescribed to prove that the vehicle was not being driven in contravention of
section 146.
159. Information to be given regarding
accident.
The police officer shall, during the
investigation, prepare an accident information report to facilitate the
settlement of claim in such form and manner, within three months and containing
such particulars and submit the same to the Claims Tribunal and such other
agency as may be prescribed.
160. Duty to furnish particulars of
vehicle involved in accident.
A registering authority or the
officer-in-charge of a police station shall, if so required by a person who
alleges that he is entitled to claim compensation in respect of an accident
arising out of the use of a motor vehicle, or if so required by an insurer
against whom a claim has been made in respect of any motor vehicle, furnish to
that person or to that insurer, as the case may be, on payment of the
prescribed fee, any information at the disposal of the said authority or the
said police officer relating to the identification marks and other particulars
of the vehicle and the name and address of the person who was using the vehicle
at the time of the accident or was injured by it and the property, if any,
damaged in such form and within such time as the Central Government may
prescribe.
161. Special provisions as to
compensation in case of hit and run motor accident.
(1) Notwithstanding
anything contained in any other law for the time being in force or any
instrument having the force of law, the Central Government shall provide for
paying in accordance with the provisions of this Act and the scheme made under
sub-section (3), compensation in respect of the death of, or grievous hurt to,
persons resulting from hit and run motor accidents.
(2) Subject to the
provisions of this Act and the scheme made under sub-section (3), there shall
be paid as compensation,--
(a) in respect of the
death of any person resulting from a hit and run motor accident, a fixed sum of
two lakh rupees or such higher amount as may be prescribed by the Central
Government;
(b) in respect of
grievous hurt to any person resulting from a hit and run motor accident, a
fixed sum of fifty thousand rupees or such higher amount as may be prescribed
by the Central Government.
(3) The Central
Government may, by notification in the Official Gazette, make a scheme
specifying the manner in which the scheme shall be administered by the Central
Government or General Insurance Council, the form, manner and the time within
which applications for compensation may be made, the officers or authorities to
whom such applications may be made, the procedure to be followed by such
officers or authorities for considering and passing orders on such
applications, and all other matters connected with, or incidental to, the
administration of the scheme and the payment of compensation under this
section.
(4) A scheme made under
sub-section (3) may provide that,--
(a) a payment of such sum
as may be prescribed by the Central Government as interim relief to any
claimant under such scheme;
(b) a contravention of
any provision thereof shall be punishable with imprisonment which may extend to
two years, or with fine which shall not be less than twenty-five thousand
rupees but may extend to five lakh rupees or with both;
(c) the powers, functions
or duties conferred or imposed on any officer or authority by such scheme may
be delegated with the prior approval in writing of Central Government, by such
officer or authority to any other officer or authority.
162. Scheme for golden hour.
(1) Notwithstanding
anything contained in the General Insurance Companies (Nationalisation) Act,
1972 (57 of 1972) or any other law for the time being in force or any
instrument having the force of law, the insurance companies for the time being
carrying on general insurance business in India shall provide in
accordance with the provisions of this Act and the schemes made under this Act
for treatment of road accident victims, including during the golden hour.
(2) The Central
Government shall make a scheme for the cashless treatment of victims of the
accident during the golden hour and such scheme may contain provisions for
creation of a fund for such treatment.
163. Refund in certain cases of
compensation paid under section 161.
(1) The payment of
compensation in respect of the death of, or grievous hurt to, any person under
section 161 shall be subject to the condition that if any compensation
(hereafter in this sub-section referred to as the other compensation) or other
amount in lieu of or by way of satisfaction of a claim for compensation is
awarded or paid in respect of such death or grievous hurt under any other
provision of this Act or any other law for the time being in force or
otherwise, so much of the other compensation or other amount aforesaid as is
equal to the compensation paid under section 161, shall be refunded to the
insurer.
(2) Before awarding
compensation in respect of an accident involving the death of, or bodily injury
to, any person arising out of the use of a motor vehicle under any provision of
this Act other than section 161 or any other law for the time being in force,
the Claims Tribunal, court or other authority awarding such compensation shall
verify as to whether in respect of such death or bodily injury compensation has
already been paid under section 161 or an application for payment of
compensation is pending under that section, and such Tribunal, court or other
authority shall?
(a) if compensation has
already been paid under section 161, direct the person liable to pay the
compensation awarded by it to refund to the insurer, so much thereof as is
required to be refunded in accordance with the provisions of sub-section (1);
(b) if an application for
payment of compensation is pending under section 161 forward the particulars as
to the compensation awarded by it to the insurer.
Explanation.-- For the purpose of
this sub-section, an application for compensation under section 161 shall be
deemed to be pending--
(1) if such application
has been rejected, till the date of the rejection of the application; and
(2) in any other case,
till the date of payment of compensation in pursuance of the application.
164. Payment of compensation in case of
death or grievous hurt, etc.
(1) Notwithstanding
anything contained in this Act or in any other law for the time being in force
or instrument having the force of law, the owner of the motor vehicle or the
authorised insurer shall be liable to pay in the case of death or grievous hurt
due to any accident arising out of the use of motor vehicle, a compensation, of
a sum of five lakh rupees in case of death or of two and a half lakh rupees in
case of grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for
compensation under sub-section (1), the claimant shall not be required to plead
or establish that the death or grievous hurt in respect of which the claim has
been made was due to any wrongful act or neglect or default of the owner of the
vehicle or of the vehicle concerned or of any other person.
(3) Where, in respect of
death or grievous hurt due to an accident arising out of the use of motor
vehicle, compensation has been paid under any other law for the time being in
force, such amount of compensation shall be reduced from the amount of
compensation payable under this section.
164A. Scheme for interim relief for
claimants.
(1) The Central
Government, may make schemes for the provision of interim relief to claimants
praying for compensation under this Chapter.
(2) A scheme made under
sub-section (1) shall also provide for procedure to recover funds disbursed
under such scheme from the owner of the motor vehicle, where the claim arises
out of the use of such motor vehicle or other sources as may be prescribed by
the Central Government.
164B. Motor Vehicle Accident Fund.
(1) The Central
Government shall constitute a Fund to be called the Motor Vehicle Accident Fund
and thereto shall be credited?
(a) payment of a nature
notified and approved by the Central Government;
(b) any grant or loan
made to the Fund by the Central Government;
(c) the balance of the
Fund created under scheme framed under section 163, as it stood immediately
before the commencement of the Motor Vehicles (Amendment) Act, 2019; and
(d) any other source of
income as may be prescribed by the Central Government.
(2) The Fund shall be
constituted for the purpose of providing compulsory insurance cover to all road
users in the territory of India.
(3) The Fund shall be
utilised for the following, namely:--
(a) treatment of the
persons injured in road accidents in accordance with the scheme framed by the
Central Government under section 162;
(b) compensation to
representatives of a person who died in hit and run motor accident in
accordance with schemes framed under section 161;
(c) compensation to a
person grievously hurt in a hit and run motor accident in accordance with
schemes framed under section 161; and
(d) compensation to such
persons as may be prescribed by the Central Government.
(4) The maximum liability
amount that shall be paid in each case shall be such as may be prescribed by
the Central Government.
(5) In all cases
specified in clause (a) of sub-section (3), when the claim of such person
becomes payable, where amount has been paid out of this Fund to any person, the
same amount shall be deductible from the claim received by such person from the
insurance company.
(6) The Fund shall be
managed by such authority or agency as the Central Government may specify
having regard to the following:--
(a) knowledge of
insurance business of the agency;
(b) capability of the
agency to manage funds; and
(c) any other criteria as
may be prescribed by the Central Government.
(7) The Central
Government shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts of the Fund in such form as may be
prescribed by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(8) The accounts of the
Fund shall be audited by the Comptroller and Auditor-General of India at such
intervals as may be specified by him.
(9) The Comptroller and
Auditor-General of India or any person appointed by him in connection with the
audit of the accounts of the Fund under this Act shall have the same rights,
privileges and authority in connection with such audit of the Government
accounts and, in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Authority.
(10) The accounts of the
Fund, as certified by the Comptroller and Auditor-General of India or any other
person appointed by him in this behalf, together with the audit report thereon,
shall be forwarded annually to the Central Government and the Central
Government shall cause the same to be laid before each House of the Parliament.
(11) Any scheme framed
under sub-section (3) of section 161, as it stood immediately before the
commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued
and all rights and liabilities accruing there under shall be met out of the
Fund with effect from the date of commencement of this Act.
164C. Power of Central Government to
make rules.
(1) The Central
Government may make rules for the purposes of carrying into effect, the
provisions of this Chapter.
(2) Without prejudice to
the generality of the foregoing power, such rules may provide for?
(a) the forms to be used
for the purposes of this Chapter including,--
(i) the form of the
insurance policy and the particulars it shall contain as referred to in
sub-section (3) of section 147;
(ii) the form for making
changes in regard to the fact of transfer in the certificate of insurance under
sub-section (2) of section 157;
(iii) the form in which the
accident information report may be prepared, the particulars it shall contain,
the manner and the time for submitting the report to the Claims Tribunal and
the other agency under section 159;
(iv) the form for
furnishing information under section 160; and
(v) the form of the
annual statement of accounts for the Motor Vehicle Accident Fund under
sub-section (7) of section 164B;
(b) the making of
applications for and the issue of certificates of insurance;
?
(c) the issue of
duplicates to replace certificates of insurance lost, destroyed or mutilated;
(d) the custody,
production, cancellation and surrender of certificates of insurance;
(e) the records to be
maintained by insurers of policies of insurance issued under this Chapter;
(f) the identification by
certificates or otherwise of persons or vehicles exempted from the provisions
of this Chapter;
(g) the furnishing of
information respecting policies of insurance by insurers;
(h) adopting the
provisions of this Chapter to vehicles brought into India by persons making
only a temporary stay therein or to vehicles registered in a reciprocating
country and operating on any route or within any area in India by applying
those provisions with prescribed modifications;
(i) the requirements
which a certificate of insurance is required to comply with as referred to in
clause (b) of section 145;
(j) administration of the
Fund established under sub-section (3) of section 146;
(k) the minimum premium
and the maximum liability of an insurer under sub-section (2) of section 147;
(l) the conditions
subject to which an insurance policy shall be issued and other matters related
thereto as referred to in sub-section (3) of section 147;
(m) the details of
settlement, the time limit for such settlement and the procedure thereof under
sub-section (2) of section 149;
(n) the extent of
exemptions and the modifications under the proviso to sub-section (3) of
section 158;
(o) the other evidence
under sub-section (5) of section 158;
(p) such other agency to
which the accident information report as referred to in section 159 may be
submitted;
?
(q) the time limit and
fee for furnishing information under section 160;
(r) the higher amount of
compensation in respect of death under clause (a) of sub-section (2) of section
161;
(s) a sum to be paid as
interim relief as referred to in clause (a) of sub-section (4) of section 161;
(t) the procedure for
payment of compensation under sub-section (1) of section 164;
(u) such other sources
from which funds may be recovered for the scheme as referred to in sub-section
(2) of section 164A;
(v) any other source of
income that may be credited into the Motor Vehicle Accident Fund under
sub-section (1) of section 164B;
(w) the persons to whom
compensation may be paid under clause (d) of sub-section (3) of section 164B;
(x) the maximum liability
amount under sub-section (4) of section 164B;
(y) the other criteria
under clause (c) of sub-section (6) of section 164B;
(z) any other matter
which is to be, or may be, prescribed or in respect of which provision is to be
made by rules.
164D. Power of State Government to make
rules.
(1) The State Government
may make rules for the purposes of carrying into effect, the provisions of this
Chapter other than the matters specified in section 164C.
(2) Without prejudice to
the generality of the foregoing power, such rules may provide for?
(a) the other authority
under sub-section (5) of section 147; and
(b) any other matter
which is to be, or may be, prescribed, or in respect of which provision is to
be made by rules.".
Section 52 - Amendment of section 165
In section 165 of the
principal Act, in the Explanation, for the words, figures and letter
"section 140 and section 163A", the word and figures "section
164" shall be substituted.
Section 53 - Amendment of section 166
In section 166 of the
principal Act,--
(i) in sub-section (1),
after the proviso, the following proviso shall be inserted, namely:--
"Provided further that where a
person accepts compensation under section 164 in accordance with the procedure
provided under section 149, his claims petition before the Claims Tribunal
shall lapse.".
(ii) in sub-section (2),
the proviso shall be omitted;
(iii) after sub-section
(2), the following sub-section shall be inserted, namely:--
"(3) No application for
compensation shall be entertained unless it is made within six months of the
occurrence of the accident.".
(iv) in sub-section (4),
for the words, brackets and figures "sub-section (6) of section 158",
the word and figures "section 159" shall be substituted;
(v) after sub-section
(4), the following sub-section shall be inserted, namely:--
"(5) Notwithstanding anything in
this Act or any other law for the time being in force, the right of a person to
claim compensation for injury in an accident shall, upon the death of the
person injured, survive to his legal representatives, irrespective of whether
the cause of death is relatable to or had any nexus with the injury or
not.".
Section 54 - Amendment of section 168
In section 168 of the
principal Act, in sub-section (1),--
(a) for the word and figures
"section 162", the word and figures "section 163" shall be
substituted;
(b) the proviso shall be
omitted.
Section 55 - Amendment of section 169
In section 169 of the
principal Act, after sub-section (3), the following sub-section shall be
inserted, namely:--
"(4) For the purpose of
enforcement of its award, the Claims Tribunal shall also have all the powers of
a Civil Court in the execution of a decree under the Code of Civil Procedure,
1908 (5 of 1908), as if the award were a decree for the payment of money passed
by such court in a civil suit.".
Section 56 - Amendment of section 170
In section 170 of the
principal Act, for the word and figures "section 149" the word and
figures "section 150" shall be substituted.
Section 57 - Amendment of section 173
In section 173 of the
principal Act, in sub-section (2), for the words "ten thousand", the
words "one lakh" shall be substituted.
Section 58 - Amendment of section 177
In section 177 of the
principal Act, for the words "one hundred rupees" and "three hundred
rupees", the words "five hundred rupees" and "one thousand
and five hundred rupees" shall respectively be substituted.
Section 59 - Insertion of section 177A
After section 177 of the
principal Act, the following section shall be inserted, namely:--
"177A. Penalty for contravention
of regulations under section 118.
Whoever contravenes the regulations
made under section 118, shall be punishable with fine which shall not be less
than five hundred rupees, but may extend to one thousand rupees.".
Section 60 - Amendment of section 178
In section 178 of the
principal Act, in sub-section (3), in clause (b), for the words "two
hundred rupees", the words "five hundred rupees" shall be
substituted.
Section 61 - Amendment of section 179
In section 179 of the principal
Act,--
(i) in sub-section (1),
for the words "five hundred rupees", the words "two thousand
rupees" shall be substituted;
(ii) in sub-section (2),
for the words "five hundred rupees", the words "two thousand
rupees" shall be substituted.
Section 62 - Amendment of section 180
In section 180 of the
principal Act, for the words "which may extend to one thousand
rupees", the words "of five thousand rupees" shall be
substituted.
Section 63 - Amendment of section 181
In section 181 of the
principal Act, for the words "which may extend to five hundred
rupees", the words "of five thousand rupees" shall be
substituted.
Section 64 - Amendment of section 182
In section 182 of the
principal Act,--
(i) in sub-section (1),
for the words "which may extend to five hundred rupees", the words
"of ten thousand rupees" shall be substituted;
(ii) in sub-section (2),
for the words "one hundred rupees", the words "ten thousand
rupees" shall be substituted.
Section 65 - Substitution of new section for section 182A
For section 182A of the
principal Act, the following sections shall be substituted, namely:--
"182A. Punishment for offences
relating to construction, maintenance, sale and alteration of motor vehicles
and components.
(1) Whoever, being a
manufacturer, importer or dealer of motor vehicles, sells or delivers or alters
or offers to sell or deliver or alter, a motor vehicle that is in contravention
of the provisions of Chapter VII or the rules and regulations made there under,
shall be punishable with imprisonment for a term which may extend to one year,
or with fine of one lakh rupees per such motor vehicle or with both:
Provided that no person shall be
convicted under this section if he proves that, at the time of sale or delivery
or alteration or offer of sale or delivery or alteration of such motor vehicle,
he had disclosed to the other party the manner in which such motor vehicle was
in contravention of the provisions of Chapter VII or the rules and regulations
made there under.
(2) Whoever, being a
manufacturer of motor vehicles, fails to comply with the provisions of Chapter
VII or the rules and regulations made there under, shall be punishable with
imprisonment for a term which may extend to one year or with fine which may
extend to one hundred crore rupees or with both.
(3) Whoever, sells or
offers to sell, or permits the sale of any component of a motor vehicle which
has been notified as a critical safety component by the Central Government and
which does not comply with Chapter VII or the rules and regulations made there
under shall be punishable with imprisonment for a term which may extend to one
year or with fine of one lakh rupees per such component or with both.
(4) Whoever, being the
owner of a motor vehicle, alters a motor vehicle, including by way of
retrofitting of motor vehicle parts, in a manner not permitted under the Act or
the rules and regulations made there under shall be punishable with
imprisonment for a term which may extend to six months, or with fine of five
thousand rupees per such alteration or with both.
182B. Punishment for contravention of
section 62A.
Whoever contravenes the provisions of
section 62A, shall be punishable with fine which shall not be less than five
thousand rupees, but may extend to ten thousand rupees.".
Section 66 - Amendment of section 183
In section 183 of the
principal Act,--
(i) in sub-section (1),--
(a) after the words
"Whoever drives", the words "or causes any person who is
employed by him or subjects someone under his control to drive" shall be
inserted;
(b) for the words
"with fine which extend to four hundred rupees, or, if having been
previously convicted of an offence under this sub-section is
again convicted of an offence under this sub-section, with fine which may
extend to one thousand rupees", the following shall be substituted,
namely:--
"in the following manner,
namely:--
(a) where such motor
vehicle is a light motor vehicle with fine which shall not be less than one
thousand rupees but may extend to two thousand rupees;
(b) where such motor
vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy
goods vehicle or a heavy passenger vehicle with fine which shall not be less
than two thousand rupees, but may extend to four thousand rupees; and
(c) for the second or any
subsequent offence under this sub-section the driving licence of such driver
shall be impounded as per the provisions of the sub-section (4) of section
206.".
(ii) sub-section (2) shall
be omitted.
(iii) in sub-section (3),
after the word "mechanical", the words "or electronic"
shall be inserted.
(iv) in sub-section (4),
for the word, brackets and figure "sub-section (2)", the word,
brackets and figure "sub-section (1)" shall be substituted.
Section 67 - Amendment of section 184
In section 184 of the
principal Act,--
(i) after the words
"dangerous to the public", the words "or which causes a sense of
alarm or distress to the occupants of the vehicle, other road users, and
persons near roads," shall be inserted;
(ii) for the words
"which may extend to six months or with fine which may extend to one
thousand rupees", the words "which may extend to one year but shall
not be less than six months or with fine which shall not be less than one
thousand rupees but may extend to five thousand rupees, or with both"
shall be substituted;
(iii) for the words
"which may extend to two thousand rupees", the words "of ten
thousand rupees" shall be substituted;
(iv) the following
Explanation shall be inserted, namely:--
"Explanation.-- For the
purpose of this section,--
(a) jumping a red light;
(b) violating a stop
sign;
(c) use of handheld communications
devices while driving;
(d) passing or overtaking
other vehicles in a manner contrary to law;
?
(e) driving against the
authorised flow of traffic; or
(f) driving in any manner
that falls far below what would be expected of a competent and careful driver
and where it would be obvious to a competent and careful driver that driving in
that manner would be dangerous, shall amount to driving in such manner
which is dangerous to the public.".
Section 68 - Amendment of section 185
In section 185 of the principal
Act,--
(i) in clause (a), after
the words "breath analyser,", the words "or in any other test
including a laboratory test," shall be inserted;
(ii) for the words
"which may extend to two thousand rupees", the words "of ten
thousand rupees" shall be substituted;
(iii) the words "if
committed within three years of the commission of the previous similar
offence," shall be omitted;
(iv) for the words
"which may extend to three thousand rupees", the words "of
fifteen thousand rupees" shall be substituted;
(v) for the Explanation,
the following Explanation shall be substituted, namely:-
'Explanation.-- For the purposes
of this section, the expression "drug" means any intoxicant other
than alcohol, natural or synthetic, or any natural material or any salt, or
preparation of such substance or material as may be notified by the Central
Government under this Act and includes a narcotic drug and psychotropic
substance as defined in clause (xiv) and clause (xxiii) of section
2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of
1985).'.
Section 69 - Amendment of section 186
In section 186 in the
principal Act, for the words "two hundred rupees" and "five
hundred rupees", the words "one thousand rupees" and "two
thousand rupees" shall respectively be substituted.
Section 70 - Amendment of section 187
In section 187 of the
principal Act,--
(i) for the brackets and
letter "(c)" the brackets and letter "(a)" shall be
substituted;
(ii) for the words
"three months", the words "six months" shall be
substituted;
(iii) for the words "which
may extend to five hundred rupees", the words "of five thousand
rupees" shall be substituted;
(iv) for the words
"six months", the words "one year" shall be substituted;
and
(v) for the words
"which may extend to one thousand rupees", the words "of ten
thousand rupees" shall be substituted.
Section 71 - Amendment of section 189
In section 189 of the
principal Act,--
(i) for the words
"one month", the words "three months" shall be substituted;
(ii) for the words
"which may extend to five hundred rupees", the words "of five
thousand rupees" shall be substituted;
(iii) after the words
"with both", the words, "and for a subsequent offence shall be
punishable with imprisonment for a term which may extend to one year, or with
fine of ten thousand rupees; or with both." shall be inserted.
Section 72 - Amendment of section 190
In section 190 of the
principal Act,--
(i) in sub-section (1),--
(a) for the words
"which may extend to two hundred and fifty rupees", the words
"of one thousand five hundred rupees" shall be substituted;
(b) for the words
"which may extend to one thousand rupees", the words "of five
thousand rupees" shall be substituted; and
(c) after the words
"with both", the words "and for a subsequent offence shall be
punishable with imprisonment for a term which may extend to six months, or with
a fine of ten thousand rupees for bodily injury or damage to property"
shall be inserted.
(ii) in sub-section (2),--
(a) for the words "a
fine of one thousand rupees", the words "imprisonment for a term
which may extend to three months, or with fine which may extend to ten
thousand rupees or with both and he shall be disqualified for holding licence
for a period of three months" shall be substituted; and
(b) for the words "a
fine of two thousand rupees", the words "imprisonment for a term
which may extend to six months, or with fine which may extend to ten thousand
rupees or with both" shall be substituted;
(iii) in sub-section (3),--
(a) for the words
"which may extend to three thousand rupees", the words "with a
fine of ten thousand rupees and he shall be disqualified for holding licence
for a period of three months" shall be substituted; and
(b) for the words
"which may extend to five thousand rupees", the words "of twenty
thousand rupees" shall be substituted.
Section 73 - Omission of section 191
Section 191 of the principal Act
shall be omitted.
Section 74 - Amendment of section 192
In section 192 of the
principal Act, the following Explanation shall be inserted, namely:--
"Explanation.-- Use of a
motor vehicle in contravention of the provisions of section 56 shall be deemed
to be a contravention of the provisions of section 39 and shall be punishable
in the same manner as provided in sub-section (1).".
Section 75 - Amendment of section 192A
In section 192A of the
principal Act, in sub-section (1),--
(i) after the words
"for the first offence with", the words "imprisonment for a term
which may extend to six months and" shall be inserted;
(ii) for the words
"which may extend to five thousand rupees but shall not be less than two
thousand rupees", the words "of ten thousand rupees" shall be
substituted;
(iii) for the words
"three months", the words "six months" shall be
substituted;
(iv) for the words
"which may extend to ten thousand rupees but shall not be less than five
thousand rupees", the words "of ten thousand rupees" shall be
substituted.
Section 76 - Insertion of new section 192B
After section 192A of the
principal Act, the following section shall be inserted, namely:--
"192B. Offences relating to
registration.
(1) Whoever, being the
owner of a motor vehicle, fails to make an application for registration of such
motor vehicle under sub-section (1) of section 41 shall be punishable with fine
of five times the annual road tax or one-third of the lifetime tax of the motor
vehicle whichever is higher.
(2) Whoever, being a
dealer, fails to make an application for the registration of a new motor
vehicle under the second proviso to sub-section (1) of section 41 shall be
punishable with fine of fifteen times the annual road tax or the lifetime tax
of the motor vehicle whichever is higher.
(3) Whoever, being the
owner of a motor vehicle, obtains a certificate of registration for such
vehicle on the basis of documents which were, or by representation of facts
which was, false in any material particular, or the engine number or the
chassis number embossed thereon are different from such number entered in the
certificate of registration shall be punishable with imprisonment for a term
which shall not be less than six months but may extend to one year and with
fine equal to ten times the amount of the annual road tax or two-third the
lifetime tax of the motor vehicle, whichever is higher.
(4) Whoever, being a
dealer, obtains a certificate of registration for such vehicle on the basis of
documents which were, or by representation of facts which was, false in any
material particular, or the engine number or the chassis number embossed
thereon are different from such number entered in the certificate of
registration shall be punishable with imprisonment for a term which shall not
be less than six months but may extend to one year and with fine equal to ten
times the amount of annual road tax or two-third the lifetime tax of the motor
vehicle, whichever is higher.".
Section 77 - Amendment of section 193
In the principal Act,--
(A) in section 193,
in the marginal heading, for the words "agents and canvassers", the
words "agents, canvassers and aggregators" shall be substituted;
(B) section
193 shall be numbered as sub-section (1) thereof, and?
(A) in sub-section (1) as
so numbered,---
(a) for the words
"which may extend to one thousand rupees", the words "of one
thousand rupees" shall be substituted;
(b) for the words
"which may extend to two thousand rupees", the words "of two
thousand rupees" shall be substituted;
(B) after sub-section (1)
as so numbered, the following sub-sections shall be inserted, namely:--
"(2) ?Whoever engages himself as an aggregator in
contravention of the provisions of section 93 or of any rules made there under
shall be punishable with fine up to one lakh rupees but shall not be less than
twenty-five thousand rupees.
(3) ??Whoever, while operating as an aggregator
contravenes a condition of the licence granted under sub-section (1) of section
93, not designated by the State Government as a material condition, shall be
punishable with fine of five thousand rupees.".
Section 78 - Amendment of section 194
In section 194 of the
principal Act,--
(i) in sub-section (1),--
(a) the word
"minimum" shall be omitted;
(b) for the words
"of two thousand rupees and an additional amount of one thousand rupees
per tonne of excess load", the words "of twenty thousand rupees and
an additional amount of two thousand rupees per tonne of excess load"
shall be substituted;
(c) the following proviso
shall be inserted, namely:--
"Provided that such motor vehicle
shall not be allowed to move before such excess load is removed or is caused or
allowed to be removed by the person in control of such motor vehicle.";
(ii) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A) Whoever
drives a motor vehicle or causes or allows a motor vehicle to be driven when
such motor vehicle is loaded in such a manner that the load or any part thereof
or anything extends laterally beyond the side of the body or to the front or to
the rear or in height beyond the permissible limit shall be punishable with a
fine of twenty thousand rupees, together with the liability to pay charges for
off-loading of such load:
Provided that such motor vehicle shall
not be allowed to move before such load is arranged in a manner such that there
is no extension of the load laterally beyond the side of the body or to
the front or to the rear or in height beyond the permissible limit:
Provided further that nothing in this
sub-section shall apply when such motor vehicle has been given an exemption by
the competent authority authorised in this behalf, by the State Government or
the Central Government, allowing the carriage of a particular load.";
(iii) in sub-section (2),
for the words, "which may extend to three thousand rupees", the words
"of forty thousand rupees" shall be substituted.
Section 79 - Insertion of new sections 194A, 194B, 194C, 194D, 194E and 194F
After section 194 of the
principal Act, the following sections shall be inserted, namely:--
"194A. Carriage of excess
passengers.
Whoever drives a transport vehicle or
causes or allows a transport vehicle to be driven while carrying more
passengers than is authorised in the registration certificate of such transport
vehicle or the permit conditions applicable to such transport vehicle shall be
punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle
shall not be allowed to move before the excess passengers are off-loaded and an
alternative transport is arranged for such passengers.
194B. Use of safety belts and the
seating of children.
(1) Whoever drives a
motor vehicle without wearing a safety belt or carries passengers not wearing
seat belts shall be punishable with a fine of one thousand rupees:
Provided that the State Government, may
by notification in the Official Gazette, exclude the application of this sub-section
to transport vehicles to carry standing passengers or other specified classes
of transport vehicles.
(2) Whoever drives a
motor vehicle or causes or allows a motor vehicle to be driven with a child
who, not having attained the age of fourteen years, is not secured by a safety
belt or a child restraint system shall be punishable with a fine of one
thousand rupees.
194C. Penalty for violation of safety
measures for motor cycle drivers and pillion riders.
Whoever drives a motor cycle or causes
or allows a motor cycle to be driven in contravention of the provisions of
section 128 or the rules or regulations made there under shall be punishable
with a fine of one thousand rupees and he shall be disqualified for holding
licence for a period of three months.
194D. Penalty for not wearing
protective headgear.
Whoever drives a motor cycle or causes
or allows a motor cycle to be driven in contravention of the provisions of
section 129 or the rules or regulations made there under shall be punishable
with a fine of one thousand rupees and he shall be disqualified for holding
licence for a period of three months.
194E. Failure to allow free passage to
emergency vehicles.
Whoever while driving a motor vehicle
fails to draw to the side of the road, on the approach of a fire service
vehicle or of an ambulance or other emergency vehicle as may be specified by
the State Government, shall be punishable with imprisonment for a term which
may extend to six months, or with a fine of ten thousand rupees or with both.
194F. Use of horns and silence zones.
Whoever--
(a) while driving a motor
vehicle?
(a) sounds the horn
needlessly or continuously or more than necessary to ensure safety, or
(b) sounds the horn in an
area with a traffic sign prohibiting the use of a horn, or
(b) drives a motor
vehicle which makes use of a cut-out by which exhaust gases are released other
than through the silencer, shall be punishable with a fine of one thousand
rupees and for a second or subsequent offence with a fine of two thousand
rupees.".
Section 80 - Omission of section 195
Section 195 of the principal Act
shall be omitted.
Section 81 - Amendment of section 196
In section 196 of the
principal Act,--
(a) after the words
"shall be punishable", the words "for the first offence"
shall be inserted;
(b) for the words
"which may extend to one thousand rupees", the words "of two
thousand rupees," shall be substituted; and
(c) after the words
"with both", the words ", and for a subsequent offence shall be
punishable with imprisonment for a term which may extend to three months, or
with fine of four thousand rupees, or with both." shall be inserted.
Section 82 - Amendment of section 197
In section 197 of the
principal Act,--
(1) in sub-section (1),
for the words "which may extend to five hundred rupees", the words
"of five thousand rupees" shall be substituted;
(2) in sub-section (2),
for the words "which may extend to five hundred rupees", the words
"of five thousand rupees" shall be substituted.
Section 83 - Amendment of section 198
In section 198 of the
principal Act, for the words "with fine which may extend to one hundred
rupees", the words "with fine of one thousand rupees" shall be
substituted.
Section 84 - Insertion of new section 198A
After section 198 of the
principal act, the following section shall be inserted, namely:--
'198A. Failure to comply with standards
for road design, construction and maintenance.
(1) Any designated
authority, contractor, consultant or concessionaire responsible for the design
or construction or maintenance of the safety standards of the road shall follow
such design, construction and maintenance standards, as may be prescribed by
the Central Government from time to time.
(2) Where failure on the
part of the designated authority, contractor, consultant or concessionaire
responsible under sub-section (1) to comply with standards for road design,
construction and maintenance, results in death or disability, such authority or
contractor or concessionaire shall be punishable with a fine which may extend
to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B.
(3) For the purposes of
sub-section (2), the court shall in particular have regard to the following
matters, namely:--
(a) the characteristics
of the road, and the nature and type of traffic which was reasonably expected
to use it as per the design of road;
(b) the standard of
maintenance norms applicable for a road of that character and use by such
traffic;
(c) the state of repair
in which road users would have expected to find the road;
(d) whether the
designated authority responsible for the maintenance of the road knew, or could
reasonably have been expected to know, that the condition of the part of the
road to which the action relates was likely to cause danger to the road users;
(e) whether the
designated authority responsible for the maintenance of the road could not
reasonably have been expected to repair that part of the road before the cause
of action arose;
(f) whether adequate
warning notices through road signs, of its condition had been displayed; and
(g) such other matters as
may be prescribed by the Central Government.
Explanation.-- For the purposes of
this section, the term "contractor" shall include sub-contractors and
all such persons who are responsible for any stage in the design, construction
and maintenance of a stretch of road.'.
Section 85 - Insertion of new sections 199A and 199B
After section 199 of the
principal Act, the following sections shall be inserted, namely:--
"199A. Offences by juveniles.
(1) Where an offence
under this Act has been committed by a juvenile, the guardian of such juvenile
or the owner of the motor vehicle shall be deemed to be guilty of the
contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this
sub-section shall render such guardian or owner liable to any punishment
provided in this Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.
Explanation.-- For the purposes of
this section, the Court shall presume that the use of the motor vehicle by the
juvenile was with the consent of the guardian of such juvenile or the owner of
the motor vehicle, as the case may be.
(2) In addition to the
penalty under sub-section (1), such guardian or owner shall be punishable with
imprisonment for a term which may extend to three years and with a fine of
twenty-five thousand rupees.
(3) The provisions of
sub-section (1) and sub-section (2) shall not apply to such guardian or owner
if the juvenile committing the offence had been granted a learner's licence
under section 8 or a driving licence and was operating a motor vehicle which
such juvenile was licensed to operate.
(4) Where an offence under
this Act has been committed by a juvenile, the registration of the motor
vehicle used in the commission of the offence shall be cancelled for a period
of twelve months.
(5) Where an offence
under this Act has been committed by a juvenile, then, notwithstanding section
4 or section 7, such juvenile shall not be eligible to be granted a driving
licence under section 9 or a learner's licence under section 8 until such
juvenile has attained the age of twenty-five years.
(6) Where an offence
under this Act has been committed by a juvenile, then such juvenile shall be
punishable with such fines as provided in the Act while any custodial sentence
may be modified as per the provisions of the Juvenile Justice Act, 2000 (56 of
2000).
199B. Revision of fines.
The fines as provided in this Act shall
be increased by such amount not exceeding ten per cent. in value of the
existing fines, on an annual basis on 1st day of April of each year from the
date of commencement of the Motor Vehicles (Amendment) Act, 2019, as may be
notified by the Central Government.".
Section 86 - Amendment of section 200
In section 200 of the
principal Act,--
(i) in sub-section (1),--
(a) for the words,
figures and brackets "punishable under section 177, section 178, section
179, section 180, section 181, section 182, sub-section (1) or sub-section (2)
of section 183, section 184, section 186, section 189, sub-section (2) of
section 190, section 191, section 192, section 194, section 196, or section
198,", the words, brackets, figures and letters "punishable under
section 177, section 178, section 179, section 180, section 181, section 182,
sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section
182B, sub-section (1) or sub-section (2) of section 183, section 184 only to
the extent of use of handheld communication devices, section 186, section 189,
sub-section (2) of section 190, section 192, section 192A, section 194, section
194A, section 194B, section 194C, section 194D, section 194E, section 194F,
section 196, section 198," shall be substituted;
(b) the following proviso
shall be inserted, namely:--
"Provided that the State
Government may, in addition to such amount, require the offender to undertake a
period of community service.";
(ii) after sub-section
(2), the following provisos shall be inserted, namely:--
"Provided that notwithstanding
compounding under this section, such offence shall be deemed to be a previous
commission of the same offence for the purpose of determining whether a
subsequent offence has been committed:
Provided further that compounding of an
offence will not discharge the offender from proceedings under sub-section (4)
of section 206 or the obligation to complete a driver refresher training
course, or the obligation to complete community service, if applicable.".
Section 87 - Amendment of section 201
In section 201 of the
principal Act,--
(i) in sub-section (1),--
(a) the word
"disabled" shall be omitted;
(b) for the words
"fifty rupees per hour", the words "five hundred rupees"
shall be substituted;
(c) in the second
proviso, for the words "a Government Agency, towing charges", the
words "an agency authorised by the Central Government or State Government,
removal charges" shall be substituted;
(ii) in sub-section (2),
for the words "towing charges", the words "removal charges"
shall be substituted;
(iii) after sub-section
(2), the following sub-section shall be inserted, namely:--
"(3) sub-section (1) shall not
apply where the motor vehicle has suffered an unforeseen breakdown and is in
the process of being removed.";
(iv) after sub-section
(3), the following Explanation shall be inserted, namely:--
'Explanation.-- For the purposes
of this section, "removal charges" includes any costs involved in the
removal of the motor vehicle from one location to another and also includes any
costs related to storage of such motor vehicle.'.
Section 88 - Amendment of section 206
In section 206 of the
principal Act, after sub-section (3), the following sub-section shall be
inserted, namely:--
"(4) ?A police officer or other person authorised in
this behalf by the State Government shall, if he has reason to believe that the
driver of a motor vehicle has committed an offence under any of sections 183,
184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such
driver and forward it to the licensing authority for disqualification or
revocation proceedings under section 19:
Provided that the person seizing the
licence shall give to the person surrendering the licence a temporary acknowledgement
therefor, but such acknowledgement shall not authorise the holder to drive
until the licence has been returned to him.".
Section 89 - Insertion of new sections 210A, 210B, 210C and 210D
After section 210 of the
principal Act, the following sections shall be inserted, namely:--
"210A. Power of State Government
to increase penalties.
Subject to conditions made by the
Central Government, a State Government, shall, by notification in the Official
Gazette, specify a multiplier, not less than one and not greater than ten, to
be applied to each fine under this Act and such modified fine, shall be in
force in such State and different multipliers may be applied to different
classes of motor vehicles as may be classified by the State Government for the
purpose of this section.
210B. Penalty for offence committed by
an enforcing authority.
Any authority that is empowered to
enforce the provisions of this Act shall, if such authority commits an offence
under this Act, shall be liable for twice the penalty corresponding to that
offence under this Act.
210C. Power of Central Government to
make rules.
The Central Government may make rules
for--
(a) design, construction
and maintenance standards for National highways;
(b) such other factors as
may be taken into account by the Court under sub-section (3) of section 198A;
(c) any other matter
which is, or has to be, prescribed by the Central Government.
210D. Power of State Government to make
rules.
The State Government may make rules for
design, construction and maintenance standards for roads other than national
highways, and for any other matter which is, or may be, prescribed by the State
Government.".
Section 90 - Insertion of new section 211A
After section 211 of the
principal Act, the following section shall be inserted, namely:--
"211A. Use of electronic forms and
documents.
(1) Where any provision
of this Act or the rules and regulations made there under provide for?
(a) the filing of any
form, application or any other document with any office, authority, body or
agency owned or controlled by the Central Government or the State Government in
a particular manner;
(b) the issue or grant of
any licence, permit, sanction, approval or endorsement, by whatever name called
in a particular manner; or
(c) the receipt or payment
of money in a particular manner, then notwithstanding anything contained
in such provision, such requirement shall be deemed to have been satisfied if
such filing, issue, grant, receipt or payment, as the case may be, is effected
by means of such electronic form as may be prescribed by the Central Government
or the State Government, as the case may be.
(2) The Central
Government or the State Government shall, for the purpose of sub-section (1),
prescribe?
(a) the manner and format
in which such electronic forms and documents shall be filed, created or issued;
and
(b) the manner or method
of payment of any fee or charges for filing, creation or issue of any
electronic document under clause (a).".
Section 91 - Amendment of section 212
In section 212 of the principal
Act,--
(i) in sub-section (4),--
(A) after the words,
brackets and figures "the proviso to sub-section (1) of section 112",
the word and figures "section 118" shall be inserted;
(B) after the words,
brackets, figures and letter "sub-section (4) of section 163A", the
words, figures and letter "section 164, section 177A" shall be
inserted;
(ii) after sub-section
(4), the following sub-section shall be inserted, namely:--
"(5) Every notification issued by
the State Government under section 210A shall be laid, as soon as may be after
it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House,
while it is in session for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions
aforesaid, the House agrees or both Houses agree, as the case may be, in making
any modification in the notification or the House agrees or both Houses agree,
as the case may be, that the notification should not be issued, the
notification shall thereafter have effect only in such modified form or be of
no effect as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that notification.".
Section 92 - Insertion of new sections 215A, 215B, 215C and 215D
After section 215 of the
principal Act, the following sections shall be inserted, namely:--
"215A. Power of Central Government
and State Government to delegate.
Notwithstanding anything contained in
this Act,--
(a) the Central
Government shall have the power to delegate any power or functions that have
been conferred upon it by the Act to any public servant or public authority and
authorise such public servant or public authority to discharge any of its
powers, functions and duties under this Act;
(b) the State Government
shall have the power to delegate any power or functions that have been
conferred upon it by the Act to any public servant or public authority and
authorise such public servant or public authority to discharge any of its
powers, functions and duties under this Act.
215B. National Road Safety Board.
(1) The Central
Government shall, by notification in the Official Gazette, constitute a
National Road Safety Board consisting of a Chairman, such number of
representatives from the State Governments, and such other members as it may
consider necessary and on such terms and conditions as may be prescribed by the
Central Government.
(2) The National Board
shall render advice to the Central Government or State Government, as the case
may be, on all aspects pertaining to road safety and traffic management
including, but not limited to,--
(a) the standards of
design, weight, construction, manufacturing process, operation and maintenance
of motor vehicles and of safety equipment;
(b) the registration and
licensing of motor vehicles;
(c) the formulation of
standards for road safety, road infrastructure and control of traffic;
?
(d) the facilitation of
safe and sustainable utilisation of road transport ecosystem;
(e) the promotion of new
vehicle technology;
(f) the safety of vulnerable
road users;
(g) programmes for
educating and sensitising drivers and other road users; and
(h) such other functions
as may be prescribed by the Central Government from time to time.
215C. Power of Central Government to
make rules.
(1) The Central
Government may make rules for the purposes of carrying into effect the
provisions of this Chapter.
(2) Without prejudice to
the generality of the foregoing power, such rules may provide for?
(a) the use of electronic
forms and means for the filing of documents, issue or grant of licence, permit,
sanction, approval or endorsements and the receipt or payment of money as referred
to in section 211A;
(b) the minimum
qualifications which the Motor Vehicles Department officers or any class
thereof shall be required to possess for appointment as such, as referred to in
sub-section (4) of section 213;
(c) the terms and
conditions of appointment of Chairman and Members of the National Road Safety
Board under sub-section (1) of section 215B;
(d) the other functions
of the National Road Safety Board under sub-section (2) of section 215B; and
(e) any other matter
which is to be, or may be, prescribed, or in respect of which provision is to
be made by rules by the Central Government.
215D. Power of State Government to make
rules.
(1) The State Government
may make rules for the purposes of carrying into effect, the provisions of this
Chapter, other than the matters specified in section 215C.
(2) Without prejudice to
the generality of the foregoing power, such rules may provide for--
(a) the use of electronic
forms and means for the filing of documents, issue or grant of licence, permit,
sanction, approval or endorsements and the receipt or payment of money as
referred to in section 211A;
(b) the duties and
functions of the officers of the Motor Vehicle Department, the powers to be
exercised by such officers (including the powers exercisable by police officers
under this Act) and the conditions governing the exercise of such powers, the
uniform to be worn by them, the authorities to which they shall be subordinate
as referred to in sub-section (3) of section 213;
(c) such other powers as
may be exercised by officers of the Motor Vehicles Department as referred to in
clause (f) of sub-section (5) of section 213; and
(d) any other matter
which is to be, or may be, prescribed, or in respect of which provision is to
be made by rules by the State Government.".
Section 93 - Omission of Second Schedule
In the principal Act, the Second
Schedule shall be omitted.
Statement of Objects
and Reasons - MOTOR VEHICLES (AMENDMENT) ACT, 2019
STATEMENT
OF OBJECTS AND REASONS
(1) The Motor Vehicles
Act, 1988 (the Act), was enacted with a view to consolidate and amend the laws
relating to motor vehicles. The Act was enacted to give effect to the
suggestions made by the Supreme Court in M.K. Kunhimohammed Vs P.A. Ahmedkutty
(1987) 4 SCC 284.
(2) The Act was amended
several times to adapt to the technological upgradation emerging in road
transport, passenger and freight movement and in motor vehicle management. With
rapidly increasing motorisation, India is facing an increasing burden of road
traffic injuries and fatalities. The emotional and social trauma caused to the
family which loses its bread winner, cannot be quantified. India is signatory
to the Brasilia Declaration and is committed to reduce the number of road
accident fatality by fifty per cent. by the year 2020. The road transport
sector also plays a major role in the economy of the country.
(3) Numerous
representations and recommendations in the form of grievances and suggestions
from various stakeholders have been received in the Ministry, citing cases of
increase in road accidents, delay in issue of driving licences, the disregard
of traffic rules and regulations, etc. Therefore, in order to improve road
safety and transport system, certain amendments are required to be made in the
Motor Vehicles Act, 1988 to address safety and efficiency issues in the
transport sector.
(4) In view of the above,
it has become necessary to amend certain provisions of the said Act. The
proposed Motor Vehicles (Amendment) Bill, 2019 seeks to address the issues
relating to road safety, citizen facilitation, strengthening public transport,
automation and computerisation.
(5) The Motor Vehicles
(Amendment) Bill, 2019, inter alia, provides for the following, namely:--
(a) to facilitate grant
of online learning licence;
(b) to replace the
existing provisions of insurance with simplified provisions in order to provide
expeditious help to accident victims and their families;
(c) to increase the time
limit for renewal of driving licence from one month to one year before and
after the expiry date;
(d) to increase the
period for renewal of transport licence from three years to five years;
(e) to enable the
licensing authority to grant licence even to the differently abled persons;
(f) to enable the States
to promote public transport, rural transport and last mile connectivity by
relaxing any of the provisions of the Act pertaining to permits;
(g) to increase the fines
and penalties for violation of provisions of the Act; and
(h) to make a provision
for protection of Good Samaritans.
(6) The Notes on clauses
explain in detail the various provisions contained in the Bill.
(7) The Bill seeks to
achieve the above objectives.
[1]
W.e.f. 01.09.2019,
vide Notification
No. SO3147(E), dated 30.08.2019, except in the States of Madhya Pradesh
and West Bengal.