Gujarat act 032 of 2019 : The Motor Vehicles (Amendment) Act, 2019

- 59 of 1988 Extra No. 43 ©

~ 'f1lit

tEbt ~ujarat ~obtmmtnt ~a~tttt

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. LX I WEDNESDA Y, NOVEMBER 20, 2019/ KARTIKA 29, 1941 Separate paging is g iven to this Part in o rder that it may be filed as a Separate Compilation. PART - VI

Acts of Parliament and Ordinances promulgated by the President

Legislative and Parliamentary Affairs Department

Sachivalaya, Gandhinagar, 20 th November, 2019.

No. RPB/Act-3212019/E: - The following Act of Parliament is republished for general informat ion

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the 9'" August, 20 I 9/Shraawan 18, 1941 (Sake) The fo llowing Act of Parliament has received the assent of the President on the 9^thAugust, 20 19 is hereby published for general information :.

THE MOTOR VEH ICLES (AMENDMENT) ACT, 20 19

132 0[20191 An 19'" August, 20191 Act

further [0 amend the Motor Vehicles Act, 1988, BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows :_

CHAPTER I

PRELIMINARY

(I) This Act may be called the Motor Vehicles (Amendment) Act , 2019

(2) it sha ll come into force on such date as the Centra l Government may. by notification in the Offi cial Gazette, appoin t and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision .

2. In the Motor Vehic les ACI, 1988 (hereinafter referred to as the principal Act) , in seclion 2,.

(i) for clause (J) ,- the following clauses shall be substituted, namely:-

VI-Ex.-43

(J) "adapted vehicle" means a motor vehicle either spec ially des igned and constructed, or to which alternat ions have been made under sub-sec tion (2) 43-\

Short trtle and

commencement

Amendment

of section 2

43-2 il1scr\100 of new section

Promotion of innovation . Amendm ent o f SCLiI Qn 8 GUJARA T GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI of section 52, for the use of a person suffering from any physical defect or d isability, and used solely by or for such person:

(fA) "aggrcgator"' means a digital intcnncdiary or market place for a passenger to connect with a driver for the purpose of transportation; ( I B) "area"", in relation to any provision ofthisAcL means such area as the State Government may. having regard to the rC9uiremems of that prov ision, specify b) notification in the Official Gazette; ';

• - (ii) aftcr clause (~) , the following clause shall be insened. namely:-

.( -IA) "community service" means an unpaid work which a person is required to perform as a pun ishment for an olTence committed under this Act;' ;

(iii) after clausc (9). the following c lause shall be inserted. namely: - '(9.4) " driver re fTesher training course" mealls the course referred to in sub-sec tion (2A) ofsectioll 19: ' :

(h ') after clause ( /2), the following clause shall be insel1ed . nam ely:-

' (1 2A) "go lden hour" means the time period lasting one hour fo llowing a traumatic injury during which therc is highest likel ihood of preventing death by [?roviding prompt medical care;' ;

(v) clause (/8) shal l be omitted:

(vi) in clause (N), fo r the words "inval id carriage". the words "adapted veh icle"

shall be substi tuted ;

(v;;) in clause (26), for the words "invalid carriage", the words "adapted veh icle"

shall he substituted:

(viii) after clause (38) , the following clause shall be insened, name ly:-

' (3804) "scheme" means a scheme framed under this Act ';

(ix) after clause (42), the following clause shall be inserted, namely:-

' ( ,,/2.4 ) "testing agency" means any ent ity designated as a testing agency under section I lOB:':

(x) in clause (~9), after the word "rests". the words "or moves" shall be insencd .

3. After section 2A of the principal Act. the follow ing section shall be inscltcd , namely:-

"28. ;\"otwithstanding anything conr3mcd in this Act and subject to such conditions as may be prescribed by the Centra! GQ\(ernment. in order to promote innovation, research and devel opmenl in the fields of vehicular engineering, mechanically propelled vehicles and transpol1ation in general , the Central Government may exempt cenain types of mechan ically propelled vehicles ITom the application of the provisions of this Act.".

4. In sect ion 8 of the principal Act,-

(i) in sub-sec tion (I) , for the words "the licensing authority hav ingjurisdicr^ion in the area" . the words "any of the I icens ing authority in the State'" shall be subst ituted ;

(ii) in sub-section (2), for the words "and with such fee ", the words "with such fee and submit in such manner, includlllg elec tron ic means" shall be substituted:

(iii) in sub-section (3). -

(a) after the word "application" , the words "to dr ive a transport veh icle made" shal l be inserted;

- - - - - - - --- - - - PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-11 -2019 43-3

(b) the proviso shall be omitted:

(iv) in sub· section (.f), in the proviso. forthe words "invalid carriage ", the \\ords

"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 leamer'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.".

5. In section 9 of the principal Act,-

(i) in sub-sect ion (I), for the words "the licensing authority hav ing jurisdiction

in the area" , the words "any licensing authority in the State" shall be substituted ;

(il) in sub-section (3), for the second proviso, the follow ing proviso shall be substituted, namely:-

"Provided funher that a driv ing licence for driving an adapted veh icle 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 om itted;

(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 fi-om any school or establishment under section I?" shall be inserted . Ame ndmen t

of sec tion Q.

6. In section 10 of the principal Act, in sub-section (2), in clause (c), for the words Amendment

"invalid carriage", the words "adapted vehicle" shall be substituted. of scction 10.

7. In section II of the principal AC1,- Amendment of sectIOn 1 1

(i) in sub-section (I). fo r the words "the licensing authority having jurisdiction

in the area", the words "any licensing authority in the State" shall be subst ituted:

(ii) in sub-section (2). the following proviso shall be insel1ed . namely:-

"Provided that the liccnsing authority may. before issuing the license

verify the identity of the applicant in such manner as may be prescribed by the

Central Government.".

8. In section 12 of the principal Act. after sub-section (./), the fol1owing sub-sections Amendment shall be inserted, namely:- or section 12

"(5) ~otwithstanding an) thing contained in any other provision. where any

sc hool or establishment has been accredited by a body not ified by the Centra l

Government under an} other law for the time be ing in force, an} person who has successfully comp leted a training modu le 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 veh iclc.

(6) The curricu lum 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 ma'· make rules for the regulation of such schoo ls or establishments.·'. ,

43-4

Amendment of sec t1 0n 14 . Amendment

of section [5. Amendment

of section 19.

GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

9. 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;

(8) in the proviso, for the pOl1ion 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 Centra l Government may prescribe:

and", shall be substituted;

(ii) for clause (b), the following clause shall be substituted, namely:-

neb) 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 atta ined 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

(il) 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. I O. In section 15 of the principal Act,-

(I) in sub-section (I), 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

subst ituted ;

(ii) in sub-section (3), for the words "thirty days" , the words "one year" shall be substituted; and

(iii) in sub-section (-1) ,-

(a) for the words "thirty days", the words "one year" shall be substituted; and

(b) in the second proviso for the words "five years afterthe 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 licensi ng authority shall"

shall be substituted.

II. In section 19 of the principal Act,-

(i) after sub-section (I), the following sub-section shall be inserted. namely:-

"(1 A) Where a licence has been forwarded to the licensing authority under sub-section (-I) 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 ofa driving licence or. it may for detailed reasons recorded in writ ing. make an order disqualifying such person from holding or obtaining any licence

to drive all or any class or description of veh icles specified in the licence-

•

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-1 1-20 19

(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:

Providt:d 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 Cenrral Govcll1lTIcn t.":

(ii) in sub-section (2).-

(a) after the word . brackets and figure "sub-section (I)", the words. brackets fioure and letter "or sub-section (IA)" shall be inselted ; . . ~

(b) for the proviso. rhe foll owing proviso shall be substituted. namely: -

"Provided that the driving licence shall be returned to rhe holder at the end of the per iod of disqualification only if he success full y completes

the driver refTcsher 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, a~ may be notified by the Central Government.

(28) The nature, syllabus and duration of the driver reftesher tra ining course shall be such as may be prescribed by the Central Government.";

(iv) in sub-sect ion (3). after the word, brackets and figure "sub-sect ion (J)". the words, brackets, figure and letter "or sub-section (I A)" shall be inserted.

12. After section 25 of the principal Act, the fo llowing sect ion·shall be inserted, namely:-

"25A. (J) 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 Nat ional Register of Driving Licences by a date to be not ifi ed by the Central Government.

(3) No driving licence issued, or renewed, under this Act shall be va lid unless it

has been issued a unique driving licence number under the National Register of Driving

Licences.

(4) A II State Governments and licensing authorities under this Act shall transm it

all in formation including contained data in the State Register of Driving Licences in

such form and manner as may be prescribed by the Centra l Government.

(5) The State Governments shall be ent itled to access the National Register and

update their records in such manner as may be prescribed by the Central Government.'·.

13. For section 26 of the principal Act. the foll owing section shall be substituted, namely:-

"26. 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; 43 -5

Insenion of new section

25A.

N ational Register of Dr iving Licences Subslltullon o f ne\, sect Ion for sec ti on 26 'v1aintenancc o f Slale Registers 0.( Driving

Llcencl"s

43-6 GUJARA T GOVERNMENT GAZETTE, EX. 20- 11-2019

Amendment of sec Iron 27. Amendment

of section 28 Ame ndment of sec ti on 40 Amendmen t

of sec ti on 41

[ PART-VI

(c) dates of issue or renewal of licences:

(d) dates of expiry of licences;

(e) classes and types of vehic les authorised to be dr iven; and

(f) such other particulars as the Central Government may prescribe:'.

14. In se~tion 27 of the principal Act.-

(i) after clause (d) , the followi~i clauses shall be inserted. namely:-

"(do) the form and manner in which a licensing authority may issue a

leamer's licence under sub·section (6) ofsection'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 trai ning modu les and the regulat ion of schools and establishments under sub-secti on (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 thi rd proviso to sub-section (2) of section I I ;"; (i ii) after clause (n). the following clauses shall be inserted, namely:-

"(no) the manner of placing in the publ ic domain of the name of the licence -holder as referred to in sub-section (IA) of section 19; (nb) pro viding for the nature. syllabus and duration of the driver refresher training course as referred to in sub·sect ion (2B),ofsect ion 19;" ;

(iv) after clause (0), the foll owi ng clause shall be inserted, name ly:-

" (00) all or any of the matters referred to in section 25A:":

(v) in clause (P) , the words. brackets and fi gure "sub-sect ion (I) of' shall be

omitted.

IS. In sect ion 28 of the principal Act, in sub·section (2), clause (j) sha ll be omitted.

16. I'n section 40 of the princ ipal Act, for the words "a registering aut~ority", the words

"any registering authority in the State" shall be substi tuted.

17. In secti on 4 1 of the principal Act,-

(i) in sub-section (I). after the proviso, the following proviso shall be inserted. namely:-

"Provided further that in the case ofa new motor vehicle. the app lication

for registration in the State shall be made by the dealer of such motor vehic le, if

the new motor vehicle is be ing regi stered 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;

------------ - - - - - -------- ----

PART-VI 1 GUJARATGOVERNMENT GAZETTE, EX. 20-11 -2019

(iii) in sub-section (6). the following proviso shall be insened. namely:-

"Provided that in case of a new motor vehicle, the appl ication for the registration of which is made under the second proviso to sub-section (I), such motor vehicle shall not be delivered to the owner until suc~ registrat ion mark is displayed on the motor vehicle in such fann 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 '·o ther than a transport vehicle> shall be omitted;

(VI) in sub-section (10),-

(a) for the words "for a period of fi ve years", the words ·'for such period, as may be prescribed by the Centra l 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 afmotor vehicles.";

(vii) sub-sections (II), (12) and (13) shall be om itted.

18. For section 43 of the principal Act , the following sect ion shall be substituted, namely:-

"43 . 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 lTIay be prescribed by the State Government.··.

19. For section 44 of the principal Act. the following section shall be substituted, namely:-

·'44. (I) Subject to such terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an author ised dealer shall

not require production before a registering authority fo r the purposes of registration

for the first time.

(2) Subject to such tenns 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.··.

20. In section 49 of the principal Act,-

(I) in sub-section (I), for the words "registering authority, to that other registering authority", the \\'ords "State, to any registering authority in that State" shall be substituted;

(ii) aftcr sub-section (I). the following sub-section shall be inserted, namely:-

.. '(1 A) The intimation under sub-section (I) may be sent to the appropriate

registering authority in electronic form along with the electronic fonn of such

43-7

Substitution of new section for section 43 . Temporary

Registration , SubstItution of ncv. section for section 44 . Production of vehic le at thc time of

re gistration Amendment of section 49

· Amendment of section 52 Amendment of section 55 Amendment of secti on 56

43-8 GUJARA T GOVERNMENT GAZETTE, EX. 20-1 1-20 19 [ PART-V I

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 \\'ords "five hundred rupees" shall be substituted.

21. In section 52 of the principal Act,-

U) in sub-section (I) , for the second proviso, the rollowing proviso sha ll be '

subst ituted, name1y:-

"Provided further th at the Central Government ma y 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 (I). the following sub-section shall be inserted, namely:-

"(IA) 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 (I), 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 o,,!ined.

22. 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 ~as 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 certi ficate or registration

of the vehicle for a period of one year:

Provided that the owner of the motor vehicle may apply ror fresh registration in accordance with the provisions of section 40 and section 41.".

23. In section 56 of the principal Act,-

(i) in sub-section (I). after the proviso, the following proviso shall be inserted. namely:-

"Provided furtherthat 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 subst ituted. namely:-

"(2) The "authorised testing station" referred to in sub-section (I) means any facility. including automated testing facilities. authorised by '\" "tate Govemment, where fitness testing may be conducted in accordance with the rules made by the Central Government for recogn ition, regulation and control of such stations." ;

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-11-20\9

(iii) in sub-section (4). for the proviso, the ronawing provisos shall be substituted,

namely:-

"Provided that no such cancellation shall be made by the prescribed

authority unless,-

(a) such prescribed authority holds such techn ical 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 ~aving such qualification; and

(b) the reasons recorded in writing cancelling a certificate of fitness

are con finned by an authorised testing station chosen by the owner of the

vehic le whose certificate of fitness is sowght to be cancelled:

Provided further that if the cancellation i, confirm@d by the ~uthori~~d testing station, the cost of undertaking the test shall be borne by the owner of the vehic le being tested ' and in the alternative by the prescribed authority.";

(iv) after sub-sect ion (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.",

24. In section 59 of the principal Act, after sub-sect ion (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.".

25. After sect ion 62 in the principal Act, the following sections shall be inserted, namely:-

"62A. (I) No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (I) of section 110.

(2) No prescribed authority or authorised testing station shall issue a certificate of fi tness under section 56 to any motor vehicle that contravenes any rule made under

section I 10. 62B. (I) 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 not ified in the Official Gazene 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 th is 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. 43 -9

Amendment of section 59 . Insertion of new sectIonS 62A and 62B. Proh ibi tion of registration and issuance of certificate of fitness to oversized vehicles . Kational Register of Motor

Vehicles

43- 10 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI Substitution of

new section

for section 63 .

Maintenance

of Slate

Regi sters of

motor

vehicles .

Amendment

of section 64.

(4) State Governments shall be able 10 access the National Register of MOlOr Vehicles and update records in accordance with the provisions of this Act and the rules made by the Central Government thereunder.".

26. For section 63 of the principal Act. the following section shall be substituted, namely:-

·'63. Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State RegisterofMotor 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.'·.

27. In section 64 of the principal Act,-

(i) after clause (d), the following c lause shall be inserted, namely:-

"(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 4 1 ;";

(ii) after clause (e), the following c lause shall be inserted, nameIy:-

"(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:-

"I/a) the issue of temporary certificate of registration and temporary

registration mark under section 43 ;

(jb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering author ity under sub-section (I) of section 44;";

(iv) after clause (j), the following clause shall be inserted, namely:-

"(ja) the fonn 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 (I A) of section 49;";

(v) after clause (£), the following clauses shall be inserted, namely:-

"(fa) specifications, conditions for approval, retrofitrnent and other related maUers fo rthe a lteration of motor vehicles under sub-section (I) of section 52; (fb) the conditions for the alteration of any motor vehicle into an adapted veh icle 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 appl icat ion of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (ne) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;";

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43-11

(vii) after clause (0), the following clauses shall be inserted, namely:-

"(00) all or any of the matters under sub-section (I) of section 628; (ob) all or any of the matters under sub-section (I) and sub-section (2) of

section 63;",

28. In section 65 of the principal Act, in sub-section (2),-

(I) io-clause (j), afterthe word "marks", the words and figures "under the proviso to section 43" shall be inserted;

(ii) clause (0) shall be omitted.

29. In section 66 of the principal Act,-

(i) in sub-section (I), after the third proviso, the following proviso shall be inserted, namely:-

"Provided also that where a transport vehicle has been issued any pennit or pennits, as well as a licence under this Act, such vehicle may be used either

under the penn it, or permits, so issued to it, or under sych 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 (I) of section 88A, or plying under such orders as may be issued by the Central Government or by the State

Government,",

30. After section 66 of the principal Act, the following sections shall be inserted, naniely:-

"66A. 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;

(il) establish a medium and long tenn planning framework for all fonns 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 penn its 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 forthe transport system

that address current and future challenges;

(vi) provide medium to long tenn strategic directions, priorities and actions;

(vii) promote competition, innovation, increase in capacity, seamle?s 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;

Amendment of section 65 Amendment of section 66 . Insertion of new sections

66A and 668.

National Transportation Policy.

:':0 bar against permit holders to apply and hold liccm:cs ulldl'r

schemes . /\lllc nO mcn L

\~f see lion 67 .

43-12 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

(ix) demonstrate an integrated approach to transport and land use planning:

(x) identify the challenges that the "ational Transportat ion Pol icy seeks

to address: and (x i) address any other matter deemed re levant by the Central Govcl1lment.

66B. "0 person who holds the penn it issued under this Act shall--

(a) bc disquali fi ed ITom applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (I) of secti on 8SA by reason

of holding such perm it; and

(b) be requ ired to get such pennit cancelled on being issued a licence under any scheme made under this Act.".

3!. In section 67 of tile principal Act,-

(i) for sub-section (I) , the following sub-section shal l be substituted, namely:-

"(I) 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 ofco-ordinating road and rail transport,

(e) the desirability of preventing the deterioration of the road system, and

(d) promoting effective competition among the transport service providers.

may, ITom 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 subjec t to such conditions as

it may deem fit , and with a view to achieving the objectives specified in

clause (d) of sub-section (/), 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 not ification in the Official Gazette, modify any pemnit 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

transportat i on~

(a) last mile connectivity;

(b) rural transport;

(c) reducing traffic congestion:

(d) improving urban transport;

(el safety of road users;

(j) better utilisation of transportation assets ;

(g ) the enhancement of economic vita lity of the area, through

competitiveness, productivity and efficiency;

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-11 -20 19 43-13

(h) the increase in the accessibility and mobility of people; ~i) the protection and enhancement of the environment;

(j) the promotion of energy conservation;

Ck) improvement of the quality of life:

(I) enhance integration and connect ivity of the transpo rtation system, across and between modes of transport; and . -

(m) such other matters as the Centra! Govemment may deem fit.

(4) The scheme framed under sub-section (3). shall specify the fees to be

charged, ronn of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence.' ".

32. 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 pennit operating in a rural area, as it deems fit.".

33. In section 74 of the principal Act,- CO 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, con\fition in respect of any such types of vehicles as may be specified by the Central Government."; Cii) 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.".

34. After section 88 of the principal Act, the following section . shall be inserted, namely:- .

"88A. (I) Notwith standing anything contained in thi s Act, the Central Government may, by notification in the Official Gazette, modify any permit issued

under this Act or make schemes for national, multi modal and inter-State transportat ion

of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:-

Ca) last mile connectivity;

(b) rural transport;

(c) improving the movement of freight, and logistics;

Cd) better utilisation of transportation assets; Ce) the enhancement to the economic vitality of the area, especially by

enabling competitiveness, productivity and efficiency;

(j) the increase in the accessibility and mobi li ty 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 transp0:t; and

(k) such other matters as the Central Government may deem fit:

Amendment of sect10n 72. Amendment

of sect ion 74. Insertion of new section

88A.

Power of Central Govern ment to make

schemes for national. multimodal and inter-S tate transport of passengers and goods .

43- 14 GUJARA T GOVERNMENT GAZETTE, EX. 20-1 1-2019 [ PART-VI

Provided that the Centra! Government may, before taking any act ion under this sub-section seek concurrence of the State Governments.

(2) I\otwithstanding anything contained in sub-section (J), t\.vo or more States may make schemes for the operation within such States for the inter-State transp0l1ation of goods or passengers:

Provided that in the event of allY repugnancy between the schemes made by the Central Government under su b-sect ion (J) and schemes made by two or more States

under this sub-section, the schemes made under sub-section (I) shall prevail."

Amendment 35. In section 92 of the principal Act. for the words "stage calTiage or contract carriage, of section 92. in respect of which a pcnnit'". the words "transport vehicle, in respect of which a permit or licence" shall be substituted .

Amendment 36. In section 93 of the principal Aet,-

of section 93

Amendment

of section 94.

Amendment

of section 96 .

Amendment

of sec tion

110.

(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),- Ca) after clause (ii), the follow ing 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 and the rules and 21 of 2000.

regulations made thereunder.".

37. In section 94 of the principal Act, after the word "perm it" occurring at both the

places the words "or licence issued under any scheme" shall be inserted.

38. In section 96 of the principal Act, in sub-section (2), after clause (x=ii), the fo llowing 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;".

39. In section 110 of the principal Act,-

(i) in sub -section (I ), 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 thereunder" 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 in respect of the following 5 of 1908

matters, namely:-·

•

5 of 1908. PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-20 19

(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.'".

40. After section 110 of the principal,A,:t, the following sections shall be insened, namely:-

" II OA. (I ) 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 panicular type of motor vehicle may cause hann to the

environment or to the driver or occupants of such motor vehicle or other road users; and

(b) a defect in that panicular type of motor vehicle has been reponed to the Central Government by-

(I) such percentage of owners, as the Central Government, may by

notification in the Official Gazette, specity; or

(il) a testing agency; or

(iii) any other source .

(2) Where the defect referred to in sub-section (I) 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 (I) or sub-section (2), shall-

(a) reimburse the buyers for the full cost of the motor vehicle, subject to

any hire:pUfchase Of lease-hypothecation agreement; or

(b) replace the defective motor vehicle with another motor vehicle of similar <

or bener specifications which complies with the standards specified under this

Act or repair it; and

(4) Where a manufacturer notices a defect in a motor vehicle manufactured by

him, he shall infonn 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 coun, wh ile trying a suit under the Code of Civi l Procedure, 1908 in respect of the following maners, namely:-

(a) summoning and enforcing the anendance of any person and examining

him on oath;

(b) requiring the discovery and production of any document;

(d) aoy other maner as may be prescribed.

(6) The Central Government may make rules for regulating the recall of motor vehicles, of a panicular typeor its variants, for any defect which in the opinion of the 43-15

In se rt ion of new secti ons II OA and

II OB.

RecalJ of motor

vehicles

43-16 GUJARA T GOVERNMENT GAZETTE EX 20-11 -2019 [ PART-VI Type-

approval

certificate and

testing

agencies

Amendment

of section

114

Amendment of section

11 6

, .

Central Government, may cause hann to the environme_nt or to the driver or occupants of such motor vehicle or to other road users.

II DB. (I) No motor vehicle, including a trailer or semi-h'ailer 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:

are-

Provided further that such certificate shal1 not be required for vehicles which

(a) intended for export or display or demOnSIIilliGn Q[ ,lIhi~i\!Qni 9,

(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 p[ace ~ or

(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 shal1 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 ofthe manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder.

(5) Where the motor vehicle having a type-approval certificate is recal1ed under section IIOA, the testing agency which granted the certificate to such motor vehicle ' shall be liable for its accreditation and registration to be cancel1ed,",

41. In section I I 4 of the principal Act, in sub-section (I), forthe words "authorised in this behalf by the State Government", the words "or any other person authorised in this behalf by the State Government" shal1 be substituted.

42. In section 116 of the principal Act,-

(i) after sub-section (I) , the following sub-section sha l1 be inserted, namely:-

"(lA) Notwithstanding anything contained in sub-section (I), the National Highways Authority ofindia constituted under the National Highways Authority of India Act, 1988 or any other agency authorised by the Central Government, 68 of 1988 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 ITom 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 Nation", 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.";

InsertIOn of I1C\\ sect lOll

13 6A

Elec tronic mOl1ltorlng and

..:nforcemcnt of road safety Amendment

of sect ion

137

Amend ment of section

138

Omi~s!On of Chap ler X Substitution of nc" Chapter XI for

Chapter XI

43-18 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

(b) in clause (d). fo r the wo rd "'h igh ways". the words "highways : and"

shall be substituted: and

(it') after clause (d) . the following clause shall be inserted. nal11cly: - -

" (e) any other amenities in the inh.'rests of the safety and the cOllvenience Dfthe public." :

(iii) after sub-section (2), the follo\ving 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 o f road accidents ." .

47. After section! 36 of the principal ACt. the following section shall be inscncd . namcly:- -

' 136A. (I) The State Go ver'nment shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (J) on national highways, state highways, roads or in any urban city \vithin a State which has a population up to such limits as may be prescribed by the Central Government.

(2) The Ce!1lral Government sha ll make rules for the elec tronic monitoring and enforcement of road safety inc luding speed cameras, closed-circuit television cameras, speed guns. body wearable cameras and such other techno logy. 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 unifann of a person authorised by the State Govcmment.'.

48. 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 offour years riding under section 129;":

(ii ) after clause (h), the following clause shall be inserted, namely:-

" (c) providing for limits of urban city by the State Governments under sub· section (I) of section 136A; and

(d) providing for elect ronic monitoring and enforcement under sub-section (2) of section 136A.·· .

49, In section 138 of the principal Act, after sub-section (I), the fo llowing sub-section shall be inserted, namely:-

"(J A) The State Government may. in the interest of road safety. make rules for the purposes of regulating the act ivities and access of non-mechanically propelled vehicles and pedestrians to public p laces and national highways:

Provided that in the case of national highways. such rules shall be fi'amcd in consultation with the ~ational Highways Authority of India .",

50. Chapter X in the principal Act shall be ol11itted

51. For Chapter X I of the principal Act. Ihe fo llowing Chapter shall be s" bst ituted . namely:-

68 0t 1988

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43- 17 (i t) in sub-section (3), after the words, brackets and tlgure "provided by sub-scction (I)" , the words. brackets. figu re and lener "or , ub-section (I A)" shall be

in serted,

43. In section 117 of the princ ipal Act, the fo llowing provisos shall be insetted, namely:- Amendment of st:ction

"Provided that the State Government or the au thorised authority shall , give 117 primacy to the safety of road users and the free fl ow of tramc in detenn ining such

places:

Provided further that for the purpose of this sectio-n the 0:ational Highways

Authority of India, consti tuted cnder the 1\ational Highways Authori ty of India Act,

1988 or any other agency authorised by the Central Government. may also detennine such places ,",

4~. For section 129 of the principal Act, the follow ing section shall be substituted, Substitution of new sect ion namely:-

' 129. Every person, above fo ur years of age, driv ing or riding or being carried on a motorcycle of any class or description shall , wh ile in a public place, wear protective head gear conformin g 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 wh ich,-

(a) by virtue of its shape, material and construction, could reasonably be

expected to afford to the person dri ving or riding on a motorcycle a degree of protection ITom injury in the event of an accident; and

(b) is securely fastened to the head of the weartr by means of straps or

other fastenings provided on the headgear. ',

45. After section 134 of the principal Act. the fol lowing section shall be inserted,

namely:-

"134A. (J ) A Good Samaritan shall not be liable for any civi l or criminal action for

any injury to or death of the victim of an accident involving a motor veh icle, where such injury or death resulted from the Good Samaritan's negligence in act ing or failing to act while rendering emergency medical or non-medical care or assistance,

(2) The Central Government may by rules provide for th e procedure for

questioning or exa'mination of the Good Samaritan. disclosure of personal information

of the Good Samari tan and such other related matters. Explamll;OI1 - For the purposes of rhis section. "Good Samarita n" means a person, who in good faith , voluntari ly and without expectation of any reward or compensation renders emergency medical or non-medical care or ass istance at the scene of an accident to the victim or transpOl1s such victim to the hospitaL",

46. In section 135 of the principal Act.- (I ) in sub-section (1 ).-

(a) in clause (c). the word "and" shall be omitted:

for sec ti on

129.

Wearing of protectIve headgear. Inse rt ion of new sec tion

134A.

Protec tion or Good

Samari tans. Ame ndme nt o f sec tion

135 ,

43-20

Requirement of policies and limits of

fiability.

GUJARAT GOVERNMENT GAZETTE, EX. 20- 11 -20 \9, [ PART-VI

(0) the Central Govemment or a State Government, if the vehicle is used for purposes connected wi th any commercial enterpri se:

(b) any local authori ty;

(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 Govcmment.

Explal1alion.--For the purposes of this sub -section, "appropriate

Government" means the Central Government or a State Government, as the case

may be. and-

(i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Governrnent;

(ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, rneans the Central Government;

(iii) in relation to any other State Transport Undertaking or any

local authority, means that Government which has control over that undertaking or authority.

147. (I) In order to comply with the requirements of this Chapter, a policy of

insurance rnust 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 vehic le 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 ofa 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 ofa 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 ornission which led to the accident occuned in a pub lic

place.

(2) \'otwithstanding 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 Governrnent sha ll prescribe a base premium and the liabi lity of an insurer in relation to such premium for an insurance pol icy under sub-section (1) in consultation with the Insurance Regulatory and Deve lopment

Authority.

(3) A pol icy shall be of no effec t 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 fonn and containing the prescribed particulars

of any cond ition subject to which the policy is issued and of any other prescribed

-PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43- 19 41 of 1999

;7 of 1972

45 of t860

41 of 1999

6 of 199 1

'CHAPTERXI

I:-.: SCRA\CE OF \10TOR V EHICL.ES AGAJ?\ST THIRD PARTY RISKS

145. 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 ofthc Insurance Regulatot)1 and Development Authority Act, 1999 and any Government insurance fund authorised to do general insurance business under the General Insurance Bus iness C\ational isation) Act. 1972:

(b) "certificate of insurance" means a cenificate 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 ofa ccnificate has been issued, all those certificates or that copy, as the case may be:

(d) "hit and run motor accident" means an accident arising out of the use ofa 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;

(j) "policy of insurance" ineiudes 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 reciproc ity be notified by the Central Government in the Official Gazene 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. (l) :\0 person shall use, except as a passenger, or cause or allow any other person to use. a motor vehic le in a public place, unless there is in force . in re lation 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.

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 ofrhe vehicle no such pol icy in force as is requi red by this sub-section, shall not be deemed to act in contravention orthe sub-section un less he knows or has reason to believe that there is no such policy in force .

(2) The provisions of sub-section (I) 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 fro m the operation of sub-section (f ), any vehicle owned by any of the following authorities. name ly:-

Definitions

:\CCCSS lty for

Insurance

against third

part> rISks

PART-V I 1 qUJARAT GOVERNMENT GAZETTE, EX. 20-11 -20 19 43-2 1

m.atters: and different fonlls. pm1iculars and matters may be prescribed in di fferent cases.

(../) ~ot\\'ithstand i ng anyth iog contained in this Act , a pol icy of Insurance issued before the commencement o f the Vlotor Vehicles (Amendment) Act. 2019 shall be continued on the existing tcnns under the contract and the provisions of this Act sha ll

apply as if this Act had not been amcnded by the said Act.

(5) Where a cover note issued by the insurer under the provis ions of this Chapter or the rules or reaulations made thereunder is not foll owed by a policy of insurance within the specifi:d time, the insurer shall , within seven days of the expil)' of the period orthe validity of the cover note, notify the fac t 10 the registering authori ty or to such other authority as the State Govemment may prescribe.

(6) ;\Oiwithstanding anything contained in any other law for the time being in force, an ·insurer issuing a policy of insurance under th is section sha ll be liable to

indemnify the person or classes of persons spec ified in the po licy in respect of any liabili ty wh ich the policy purports to cover in thc case of that person or those classes of persons.

148. Where, in pursuance of an arrangement between India and any reciprocati ng 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 164 8 such po licy of insurance shall be effective

throughout the route or area in respect of wh ich the arrangement has been made, as if

the policy of insurance had complied with the requirements of this Chapter.

149. (I) The insurance company shall . upon receiving information of the accident,

either from claimant or through accident infonnation report or otherwise, deSignate an officer to settle the claims relating to such accident.

(2) An officer designated by the insurance company for process ing the sett lement of claim of compensation may make an offer to the claimant for settlement before the

Claims Tribunal giving such details, within thi rty days and after fo llowing 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,-

(i) the Claims Tribunal shall make a record of such settlement. and such claim shall be deemed to be settled by consent; and

(ii) the payment shall be made by the insurance company with in a maximum period of thi rty 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 adjud icate such claim on merits.

150. (I) If, afte r a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a pol icy has been effected. judgment or award in respect of any such liability as is required to be covered by a P01iC), under

clause (b) of sub-section (I) of section 147 (be ing a liabi lity covered by the temlS of the

policy) or under the provisions of section! 64 is obtained agai nst any person 1tlsured by the po licy, then, notwithstandi ng that the insurer may be entitled to avoid or cance l

or may· have avoided or cancclled the pol icy, the insurer shall , subject to the prov isions of this section. pay to the person entit led to thc benefi t of the award any sum not

Vali di ty of policies of insurance issued in reciprocating co untries Sett lement by insuran ce company and procedure therefor.

Dut~ of Insurers to satIsfy

Judgmcllts and awards against persons

Insured In respec i of llmd pari) risks

43-22 GUJARAT GOVERNMENT GAZETTE, EX. 20- 11-2019 [ PART-VI

exceeding the sum assured payable thereunder, 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) ~o sum shall be payable by an insurer under sub-section ( I) in respect of any judgment or award unless, before the commencement oflhc 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 or 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 pa!1y thereto. and to defend (he action on any of the following grounds.

namely:~

(0) that there has been a breach of a specified condition of the policy,

being one of the following conditions. name ly:-

(i) a condition exc lud ing the use of the vehiclc-

(A) for hire or reward, where the vehicle is on the date of the

contract of insurance a vehicle not covered by a penn it to ply for hire or reward; or

(8) for organised racing and speed testing; or

vehicle is used, where the vehic le is a transport vehicle; or

(D) without side-car being attached where the vehicle is a

two-wheeled vehicle: or

(ii) 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 ho lding or obtaining a driving licence during the per iod of disqualification or driving under the influence of alcohol or drugs as laid down in section 185: or

(iii) 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

nondisc losure of any material fact or by representation of any fact wh ich was false in some material particular; or

(e) that there is non-receipt of prem ium as required under section 64 VB of the Insurance Act, 1938. 4 of 1938

(3) Where any such judgment or award as is referred to in sub·section (/) 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 ; uf 1908

conc lusive as to any matter adjudicated upon by it. the insurer (being an insurer registered under the Insurance Act. 1938 and whether or not that person is registered 4 of 1938 under the correspond ing 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 (I) . as if the judgment or award were given by a court in Ind ia:

Provided that no sum sha ll be payable by the insurer in respect of any suc h

judgmcnt or award unless. before the commencement of the proceedings in which the judgment or award is given, the insurer had notice through the COUlt concelllcd of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the cOITcsponding 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):

. - 43-24 DUlY to gIve lIl rormatron as to Insurance GUJARA T GOVERNMENT GAZETTE, EX. 20-1 1-2019 [ PART-VI notwithstanding anything to the contrary in any provision of law, be trans felTed to and vest in the person to whom the debt is owing.

(3) Any condition in a policy issucd for the purposes of this Chapter purporting. either di rectly or ind irectly, to avoid the policy or to alter the rights of the p3!1ics thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (/) 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.

U) Cpon a transfer under sub-section (/) 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 liabilit), of the insurer to the insured person exceeds the liability of the insured person to the th ird 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 liab ility of the insurer to the insured person is less than the liability of the insured person to the third party. noth ing in this Chapter shall affect the rights of the thi rd party against the insured person in respect of the balance amount.

152. (I) \:0 person against whom a ,claim is made in respect of any liabil ity referred to in clause (b) of sub-section (I) of section 1-17 shall, on demand by or on behalf of the person making the claim, refuse [Q state whether or not he was insured in respect of that liabili ty by any policy issued under the provisions of this Chapter. or wou ld have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or wou ld have been so insured, 10 give such particu lars with respect to that pol icy 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 fo r the administrat ion of the estate of a deceased person according to the law of inso lvency, or in the event of a winding-up order being made or a reso lut ion 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 noating 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 fo r the purpose of ascertaining whether any rights have been transferred to and vested in him by section 151 and forthe purpose of enforcing such rights, ifany. and any such contract of insurance as purpons whether directly or indi rectly to avoid the contract or to alter the rights of the panies thereunder upon the giving of such infonnation in the events aforesaid. or otherwise lO prohibit or prevent the giving thereof in the said events. shall be of no effect.

(3) If, from the infomlation given to any person in pursuance ofsub-sectioll (1) or otherwise. he has reasonable ground fo r support ing thal 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 b} the said sub-section on the persons therein mentioned.

PART-VI ] GUJARAT GOVERNMENT GAZETTE, EX. 20- 11-2019 43-23 (~) Where a ce11ificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been e!Tected, so much of the policy

as purp0l1s to restrict the insurance of the persons insured thereby, by reference to any condition other than those in sub-section (1) shall , as respects such liabi lities

as are required to be covered by a policy under clause (6) of sub-section (J) of section 147. be of no effect. .

(5) \0 insurer to whom the notice rcfcm:-d to in sub-section (2) or sub-section U) has been given shall be entitled lO avoid his liability to any person entitled to the benefit of any such judgment or award as is refelTed to in sub-section (/) or in such judgment as is rerclTed 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

maybe.

(6) If on the date offiling of an)' claim, the claimanl is not aware of the insurance

company with which the ,chicle had been insured, it shall be the duty of the owner of

the vehicle to fum ish to the tribunal or cOUI1 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 wh ich it is insured.

Explanation .- For the purposes of this section,-

(a) "'award" means an award made by the Claims Tribunal under section 168;

(6) "Claims Tribunal" means a Claims Tribuna l constituted under section 165;

(c) "'liability covered by the tenTIS of the policy" means the liab ility 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 cance lled the policy; and (eI) "material fact" and "material panicular" mean, respectively, a fact or pal1icular 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.

lSI. (I) 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 maki ng a composition or

~rrangement with his creditors; or

(b) where the insured person is a company, in the event ofa 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 liabili ty shall. notwithstanding anything to the contrary in any provision of law, be transferred to and vest "in the third patty 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 10 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 , Rights of third

party against

insurers on

insolvency of

Insured.

PART-VI J GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43-25 39 of 1925

(J) The duty to give the infonnation 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. (/) \'0 settlement made by an insurer In respect of any claim .. vh ich might be made by a.third party in respect of any liobility of the nature ref CiTed to in clause (b) of sub-section (I) of section 147 shall be val id unless such third party is a party to the senlement.

, (2) The Claims Tribunal shall ensure that the senlement is bonafide and was not made under undue influence and the compensation is made in accordance with the payment schedule referred to in sub-sect ion (I) of section 164 .

(3) Where a person who is insured under a pol icy 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 liabi lity 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 dispos ition 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 righl5 shall be the same as ifno such agreoment, waiver, assignment or disposition or payment has been made.

154. (I) F orthe purposes of sections 151 , 152 and 153, a reference to "liabilities to third parties" in relat ion 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. .

(2) The provisions of sections 15 1, 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. Notwithstanding anything contained in section 306 of the Indian Succession Act, 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 lhas given rise to a claim underthe provisions of this Chapter, shall not be a barto the surv ival of any cause of action arising out of such event against his estate or against the insurer.

156. When an insurer has issued a certi ficate of insurance in respect ofa contract of insurance between the insurer and the insured person, then-

(a) 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 illfurance confonning in all r.especls with the description and particulars slated in such certificate; and

(b) if the insurer has issued to the insured the policy described in the certificate, but the actual tenns of the po licy 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 ben-veen the insurer and any other person except the insured, be deemed to be in te rms confonning in all respects with the particulars state·d in the said certificate.

157. (I) 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 Settleme nt

between

ins urers and

Insured

persons

Saving in

respect of

section s IS I ,

152 and 153 .

Effect o f

dea th on

certain causes

of act io n.

Effect of

certifi cate of

in su ra nce.

Transfe r of

certi ficate of

msurance

43-26 , -

Proo uctlon o f certam

certi ficates. li ce nce and permit in

certain cases . GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI together with the po! icy of insurance relating thereto , the ccrti ficate of insurance and the policy described in the certificate shall be deemed to have been trans fe lTed in favour of the person to whom the motor vehicle is transfen"ed with effect from the date of its transfer.

Explanation.-For the removal of doubts. it is hereby c larified that such deemed transfer shall include transfer of rights and liabilities oftlle said certificate of insurance and policy of insurance.

(2) The transferee shat! apply within founeen days from the date of transfer in the prescribed fonn to the insurer for making necessary changes in regard to the fact of transfer in the cel1ificate 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 . (I) Any person driv ing a motor vehicle in any public place ,hall, on b@in~ so required by a police officer in uni form authorised in this behalf by the State Government, produce-

(a) Ihe certificate of insurance;

(b) the certificate of registration ;

(e) the pollution under control certificate;

(d) the driving licence ; ee) in the case ofa transport vehic le. a lso the certificate of fitnes s referred to in section 56, and the permit; and

(j) any certificate or authorisation of exemption that has been granted under this Act,

relating to the use of the vehic le.

(2) Where, owing to the presence ofa motor vehic le in a public place, an accident OCcurs involving death or bodily injury to another person, if the driver of the vehic le does not at that time produce t~e requ ired certificate, driving licence and penn it referred to in sub-section (I) to a po lice 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 sec tion 134 .

(3) No person shall be liab le to conviction for offences under sub-section (I) or sub-section (2) by reason of the fa ilure to produce the required certificate if, within seven days fyom the date on which its production was required under sub-sect ion (1), or as the case may be, from the date of occun'ence of the .accident, he produces the certificate at such police station as may have been spec ified by him to the po lice 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 reponed the accident:

Provided that except to such extent and with such modificat ions as may be prescribed, the provisions of this su b-section sha ll not apply to the driver of a transport vehicle.

(-I) The owner of a motor veh icle 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 whethe r the vehicle was or was not being driven in contravention of section 146 and on any occasion when the dr iver was requi~ed under this sect ion to produce the cert ificate of insurance .

(5) In this section, the expression "produce the ce l1 ificate of insurance" means production for examination the relevant certi ficate of insurance or such other evidence

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-1 1-2019 43-25 39 of 1925 .

(-') The dury to give the in fo nnation imposed by thi s section shall include a duty

to allow all conrracts of insurance, receipts for premiums. and ather 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. (/) ~o settlement made by an insurer In respect orany claim \vhich might be

made by a.third party in respect of any li2bil ity of the nature refelTed to in clause (b) of sub-section (I) of section 147 shall be valid unless such third party is a party to the

settlement.

. (2) The Claims Tribunal shall ensure that the senlement is bonafide and was not made under undue influence and the compensation is made in accordance with the payment schedule re ferred to in sub-section (I) of section 164 .

(3) Where a person who is insured under a pol icy 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 shal l be the same as ifno such agreoment,

waiver, assignment or disposition or payment has been made.

154. (I) Forthe 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. .

(2) The provisi,ons 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. Notwithstanding anything contained in section 306 of the Indian Succession Act, 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 surv ival of any cause of

action arising out of such event against his estate or against the insurer.

156. When an insurer has issued a certificate of insurance in respect ofa contract of insurance between the insurer and the insured person, then-

(a) ifand so long as the policy de;cr ibed in the certificate has not been

issued by the insurer to the insured, the insurer shall , as benveen himself and any other person except the insured, be deemed to have issued to the insured person a policy ofinrurance confomling in all r.espects with the description and particulars stated in such certificate; and

(b) if the insurer has issued to the insured the policy described in the

certificate, but the actual tenns 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 con fonning in all respects with the particulars stated in the said certificate.

157. (I) Where a person, in whose fa""ur the certificate of insurance has been

issued in accordance with the provis ions of this Chapter, transfers to another persoll the ov,.:nership of the motor vehicle in respect of which such insurance was taken Settlement

between

insurers and

In sured

persons

Saving in

respect of

sect ions 15 1.

152 and 153 .

Effect of

death On

certain causes

of action.

Effect of

certificate of

insurance.

Transfer o f

certifi cate of

Insurance

43-28

Refund in ccna in cases

.) f compensatIOn paid under

sect ion ! 61 Pay ment of compensation in case of death or grevious hurt. etc .

Scheme for interim relief for cla!mants.

GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

insurance bus iness in Ind ia shall provide in accordance with the provi sions of this Act and the schemes made under this Act for treatment of road accident victims, includ ing during the golden hour.

(2) The Central Government shall make a scheme for the cashless treatment of vict ims of the accident during the gl?lden hour and such scheme may contain provisions for creation of a fund for such treatment.

p _ 163. (I) The payment of compensation in respect of the death. ~f, or gri~vous hurt to , any person under section 161 sha11 bc subjcct to the conditIOn that If any compensation (hereafter in this sub-section refcrred to as the other compensation) or

other amount in lieu of or by way of satisfaction ofa 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

comp~nsation or other amount aforesaid as is equal to the compensation paid under

section 16 1, 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 ofa 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 app lication for payment of compensation is pending

under that sect ion, and such Tribunal, court or other authority shall-

(a) if compensat ion has already been paid under section 161 , direct the

person I iable 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 (J) ;

(b) if an app lication for payment of compensation is pending under section 16 1 fo,",,:ard the particulars as to the compensation awarded by it to the insurer.

Explanation.- For the purpose of thi s sub-section, an appl ication for

compensation under section 161 sha11 be deemed to be pending-

(i) if such application has been rejected, till the date of the rejection of the applicat ion; and

(ii) in any other case, till the date of payment of compensation in pursuance of the application.

164. (J) Notwithstand ing anything contained in th is 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 sha11 be liable to pay in the case of death or grievous

hurt due to any accident arising out of the use af motor vehicle, a compensation, ora

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 vict im, as the case may be.

(2) In any cla im for compensat ion under sub-seclion (f) , 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) \\fhere. in respect of death or grievous hurt due to an accident arising out of the use ormotor 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. (f) The Centra l Government, may make schemes for the provision of

interim relief to claimants praying for compensation under this Chapter.

PART-V I 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-1 1-20 19 43-27 57 of 1972

as may be prescri bed to prove that the vehicle \Vas not being dri ven in contravention o f section 146 .

159. The po lice offi cer sha ll. during the investigation. prepare an accident infollnation re pO!1 to facilitate the settlement afclaim in such fann and manner. within three months and containing slich pal1iculars and submit the same to the Claims Tribunal and such other agency as may be prescribed .

J 60. A registering authority or the officer-in-charge ofa po lice station shall , if so required by a person who al leges that he is entitled to claim compensation in respect of .an accident arising out of the use of a motor veh icle. or if so required by an insurer against whom a claim has been made in respect of any motor vehicle. fum ish to that person or to that insurer. as the case may be, on payment of the prescribed fee, any i nfon11ation at the d isposa! of the said authority or the said po! ice officer relating to the identification marks and other pal1iculars of the vehicle and the name and :ldd ress 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 \,vithin such time as the Central Government rna) prescribe.

161. ( I) Notwithstanding anything contained ill any other law for the time be ing in force or any instrument having the f01'ce of law, the Centra l Government shaH provide Inform at ion

to be given

regarding

accldl:nt

DUI~ 10

. furnl sh parti culars of vehicle

lnvohcd !n

accident

prOVISions as for paying in accordance with the prov isions of this Act and the scheme made under to com pensation

sub-section (3), compensation in respect of the death of, or grievous hun to, persons in case of hit result ing from hit and run motor accidents.

(2) Subject to the prov is ions of thi s Act and the sc heme 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 resu lting 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 Govern:nent may, by notification in the Official Gazene, make a scheme specifYing the manner in which the scheme shall be administered by the Central Government or General Insurance Council , the fonn. 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 suc h officers or authorities for consideri ng 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 :

(e) 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. and run motor

accident

162. (I ) Notwithstanding anything contained in the General Insurance Companies Scheme for (Nationalisation) Act, 1972 or any other law for the time being in force or any instrument golden hour hav ing the fo rce of law, the insurance companies for the time being carrying on gen'eral

43-30

Po\\cr of Ce ntra! Government to make rules

GUJARAT GOVERNMENT GAZETTE, EX. 20-11 -2019 [ PART-VI

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 cert ified by the Comptroller and Auditor-

General of Ind ia or any mhcr person appointed by him in this behalf, together with the audit rep0l1 thereon, shall be forwarded annually to the Central Government and the Cenrral Govemment shall cause the same to be laid before each House of the Parliament. (1/) Any scheme framed under sub-section (3) of section 161. as it stood immediately before the commencement orthe \t1otor Vehicles (Amendment) Act. 10 19,

shall be discontinued and all rights and liabilities accruing thereunder shall be met out of the Fund with effect from the date of commencement of this Act.

164C. (I) The Central Government may make rules for the purposes of cany ing into effect, the provisions of this Chapter.

(2) Without prejudice to the genera lity of the foregoing power. such rules may

provide for-

(a) the fonns 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;

(if) 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 subm ining the report to the Claims Tribunal and the other agency under

section 159;

(iv) the form for furnishing infonnation under section 160; and

(v) the fonn of the annual statement of accounts for the Motor Vehic le Accident Fund urider sub-section (7) of section 164B;

(b) the making of applications for and the issue of certificates of insurance;

or mutilated;

(d) the custody. production. cancellat ion and surrender of certiticates of

insurance;

(e) the records to be mainta ined by insurers of pol icies of insurance issued

under this Chapter;

(j) the identi fication by certificates or otherwise of persons or vehicles

exempted from the provisions of this Chapter;

(g) the furn ishing 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 Ind ia by app lying those provisions with prescribed modifications:

(i) the requirements which a certificate of insurance is required to comply

with as referred to in clause (6) of section 145;

(j) adm inistration of the Fund established under sub-section (3) of section

146:

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43-29

(2) A scheme made under sub-section (I) 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.

1646. (I) The Central GovemmeJ1l shall constitute a Fund to be called the Vlotor Vehicle Accident Fund and thereto shall be credi ted-

(0) payment ofa nature notified and approved by the Central Government:

(6) any grant or loan made to the Fund by the Central Government:

(e) the balance of the Fund created under sche me framed under

section 163. as it stood immediately before the commencement of the \1 otor

Vehic les (Amendment) Act, 2019: and

(d) any other source of income as may be prescribed by the Central

Government.

(2) The Fund shall be const ituted for the purpose of providing compulsory

insurance cover to all road users in the territory ofIndia.

(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) compensat ion 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 16 1; 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 deductib le 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 spec ify having regard to the following:-

(a) knowledge of insurance business of the agency:

(b) capability of the agency to manage funds: and

(7) The Central Government shall mainta in 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 consultat ion with the Comptroller and Auditor-General of India.

(8) The accounts of the Fund shall be aud ited by the Comptroller and Auditor-General of India at stich 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 audi t of the accounts of the Fund under this Act shall have

the same rights, privileges and authority in connecti on with such aud it of the Government accounts and, in part icular, shall have the right to demand the production :'v1Qtor Vehicle

Acciden t

Fund

PART-VI 1 GUJARA T GOVERNMENT GAZETTE, EX. 20-11 -201 9 43-3 1

(k) the minimum premium and the ma,ximum liabi li ty oran insurer under

sub-section (2) of section 147;

(I) the conditions subject to which an insurance policy shall be issued and other matters related thereto as refen'ed 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:

(11 ) the extent of exemptions and the modifications under the proviso to

sub-section (3) of section 158:

(0) the other evidence under sub-section (5) of section 158:

(p ) such other agency to which the accident infonnation report as referred to in section 159 may be submitted:

(q) the time limit and fee for fUlllishing infonnation 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 ;

(I) the procedure for payment of compensation under sub-sect ion (I) of section 164;

(u) such other sources ITom which funds may be recovered for the scheme as referred to in sub-sect ion (2) of section 164A;

(v) any other source of income that may be credited into the Motor Vehicle Accident Fund under sub-section (I) ofsectiQn I64B;

(w) the persons to whom compensat ion may be paid under clause (d) of sub-section (3) of section 164B;

(x) the maximum liability amount under sub-section (4) of section I64B;

(y) the other criter ia under c lause (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. (I) The State Government may make rules for the purposes of carrying into effect , the provisions of this Chapter other than the matters spec ified in section 164C.

(2) Without prej ud ice 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:',

52. In section 16 5 of the principal Act, in the Explanation, for the words, figures and

letter "section I 40 and section 163A", the word and figures ··section 164·· shall be substituted.

53. In section 166 of the princ ipal Act.-

(I) in sub-section (I), after the proviso, the following proviso shall be inserted,

name1y:~

-'Provided further that where a person accepts compensation under

sec tion 1·64 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.".

Power of Slate Government to make rules. , Amendm ent

of sec tio n

165

Am endment o f SCCllon

166

43-32 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

Amendment of section

168

Amendment of section

169

Amendment of sec tion

170

Amendment of sec tion

17)

Amendment of sec tion

177

insertion of sec tion 177 A. Penalty for cont ra vention of rcgulatlons under section

118

Amendmcnt of sect ion

178

Amendment of sec lion

179

(if) in sub-section (2). the provi so shall be omitted:

(iii) after sub-section (2). the following sub-section shall be inserted. namely:-

"(3) :\0 application for compensation shall be entertained unless it is

made with in six months of the OCCUITcnce of the accident ." .

(iv) in sub-section (~). 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 (-I), the roTlowi ng sub-section shall be inserted. nOll11cly:-

"(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 injUly in an accident shall, upon the death of the person injured, survive to his legal representatives, ilTcspective of whether the cause of death is relatable to or had any nexus with the injury or nol.".

54. In section 168 of the principal Act, in sub-section (J),-

(i) for the word and figures "section 162". the word and figures "section 163"

shall be substituted;

(ii) the proviso shall be omitted.

55. 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 a ll the powers ofa Civil Court in the execution ofa decree underthe Code of Civil Procedure, 1908, as if the award were a decree for [he payment of money passed by

such court in a civil suit.".

56. In section 170 of the principal Act, forthe word and figures "section 149" the word and figures "section 150" shall be substi tuted.

57. In section 173 of the principal Act, in sub-section (2), for the words "ten thousand", the words "one lakh" shall be substituted.

58. [n 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 .

59. After section 177 of the principal Act. the following section shall be inserted, name1y:-

" 177 A, Whoever contravenes the regulat ions made under section I 18, shall be

punishable with fine which shall not be less than five hundred rupees. but may extend

to one thousand rupees." .

60. In section 178 of the principal Act. in sub-section (3). in clause (b) , for [he words

"two hundred rupees". the words "five hundred rupees" shall be substituted .

61. In section 179 of the principal Act,-

(i) in sub-section (f), for the words "five hundred rupees". the words .. two thousand rupees" shall be substituted ;

(iT) in sub-section (2), for the words "five hundred rupees", the words "two thousand rupees" shall be substi tuted.

5 of 1908.

/\mcndmCni .,;, f st:~ lio n

IS4

A mCl lumellt n r <;n:{ lon

l1'iS

43-34 GUJARA T GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

COO\ icted of an offence under this sub-section. wi th fine which may extend 10 one thousand rupees". the foll owing shall be~ substituted. namely:-

"in the following manner. narnely:-

() where such motor vehicle is a light motor vehicle with fi ne which shall not be less than on~ thousand rupees but may extend 10 two thousand rupees:

(I i) where such motor vchic lt! i~ a medium goods vehic le 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 rna) extend to four thousand rupees; and

(iii) for the second or any subsequent offence under this

sub-section the driving licence of such drive r shall be impounded as per Ihe provis ions of the sub-sect ion (-I) of section 206." .

iii) sub-section (2) shall be omitted.

(iii) in sub-section (3). after the word "mechanica l", the words "or electronic"

~~-11!: be inserted.

(iv) in sub-section (-I), for the word, brackets and figure "sub-section (2)", the word, brackets and figure "sub-section (/)" shall be substituted.

67. In sect ion 184 of the principal Act,-

(i) after the words "dangerous to the public" , the words "or which causes a

sense of alann or distress to the occupants of the veh icle, 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 subst ituted;

(iii) fo r the words "wh ich may extend to two thousand rupees", the words

"of ten thousand rupees" shall be substituted;

(iv) the following Explanalion shall be inserted, namcly:-

"Explanation. - For the purpose of this section,-

(a) j umping a red light;

(b) violating a stop sign ,

(e) use of handheld communications devices while driving;

(d) passing or ovel1aking other vehicles in a manner contraty to law:

(e) driving against the authorised flow of traffic; or

(j) driving in any manner that falls far below what would be expected of a competent and careful dr iver and where it would be obvious to a competent and careful driver that driving in that manner wou ld be dangerous ....

shall amount to driving in such manner \\ hich is dangerous to the public.

68. In section 185 orthe pnncipal Act. --

(i) in clause (0). after the words "breath analyser.". the words "or in any other test including a laboratory test:' shall be insei1ed;

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 43-33

62. In section 180 of the principal Act, for the words "which may extend to one thousand

rupees" ) the words "of five thousand rupees" sha ll be substituted.

63. 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.

64. In section 182 of the principal Act.-

(i) in sub-section (I), 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.

65. For section 182A of the principal Act. the following sections shall be substituted, namely:-

. , 182A. (/) Whoever, being a manufacturer, importer or dealer afmotor vehicles, sells or delivers or alters or otTers 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 thereunder, 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 ifhe 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 thereunder.

(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, 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 thereunder 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 regu lat ions made thereunder 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.

182 B. Whoever contravenes the provisions of section 62A, shall be punishable

Amendmcnl of section

180.

AOlendml!nf of section

181.

Amendment of sectIOn

182 .

Substitution of

new j"!lOn

for section

182A .

Punishment for offences relating to construction. maintenance . sale and

alteration of motor

vehicles and components . Punishment

with fine which shall not be less than five thousand rupees, but may extend to ten for

contravention thousand rupees.". of section

66. In section 183 of the principal Act.-

(1) 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

62A

Amendment of section

183 .

. -

61 of 1985 .

PART-VI] GUJARAT GOVERNMENT GAZETTE, EX. 20- 11 -2019 43-35

(ii) for the words "\\h ich may c:-..tend to two thou sand rupees", the wo !'ds

"of ten thousand rupees" shall be substituted:

(iii) the words" ifcommitted \ ... ithin three years ohhe commission of the previous

sim ilar offence." shall be omitted:

(iv) for the words "\\hich may extend to three thollsand rupees ·, the wurd s

"of fifteen thousand rupees" shall be substituted:

(\,) for the £rplnna(ion. the following Explanation shall be substituted , namel~:

'Explana/iol1. - For the purposes of this section. the expression "drug"

means any intoxicant other than alcohol, natural or synthet ic, or any natural material or any salt. or preparation of such substance or material as may be notified by the Centra! Government under this Act and includes a narcotic drug

and psychotropic substance as defined in clause (xi!') and clause (.uiii) of section 2 of the :\arcotic Drugs and Psychotropic Substances Act. [985.' .

69, 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

respective ly be substituted.

70. In section [8 7 of the principal Act,-

(i) for the brackets and letter " (e)" 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" shal l be substituted; and

(v) for the words "which may extend to one thousand rupees", the words ;'oft(,"11

thousanti rupees" shall be substituted.

Ame ndme nt or sec tion

186

Anl endment of sI.;>.: lion

187

71. In section 189 of the principal Act,-~ Amendment of SI.;ctlon

(i) for the words "one month". the words "three months" shall be substituted: 1 g9

(ii) for the words "which may extend to fi ve hundred rupees" , the words "of five thousand rupees" shall be substituted:

(ih) after the words "with both", the words, "and for a subsequent offence shan be pun ishable with imprisonment for a term which may extend to one year. or with fine of ten thousand rupees: or with both:' shall be insertcd ,

72. [n section 190 of the principal Acl. --

(i) in sub-section (1).--

(a) for the words "which may extend to two hundred and fift) rupees" the

words "of one thousand fi ve hundred rupees" shall be substituted:

(b) for the words "which may extend to one thou sand 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 \I,. ith imprisonment for a reml which may extend to si:-.. months, or with a fine of ten thousand rupees for bodily injury or damage to propeny"

shall be inserted.

(ii) in sub-section (2).-

(a) for the words "a fine of one thousand rupees", the words "imprisonment for a tenn which may extend to three months, or with fine which may extend to ;\mem!1l1cn \

l)f , 1.;(.\1011

1,0

43-36 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

OmIssion or sect ion t 91. Amendment

of section

192.

Amendmenl of section

InA.

In sertion of new section

192B.

Orfences -relating 10 registration. ten thousand rupees or with both and he shall be disqualiticd for holding licence

for a period of three months" shall be subslituled: and

(b) forthe words"a fine of two thousand rupees" the words "imprisonment for a tenn 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 rupocs-". the wo:ds

"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 subst ituted.

73. Section 191 of the principal Act shall be omitted.

74. In sect ion 192 of the principal Act. the following £rplanalion shall be inserted. namel}:--

"£xplanation. - Use of a motor vehicle in contravention of the provi sions 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 (f).".

75. In section 192A of the principal Act, in sub-section (f) ,--

(i) after the words "for the tirst 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 "o f ten thousand rupees' shall be substituted.

76. After section 192A in the principal Act, the following section sha ll be inserted, namely:-

"1928. (f) Whoever, being the owner of a motor vehicle, fails to make an application forregistration of such motor vehicle under sub-section (f) ofsectiol141 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 ofa new motor vehic le under the second proviso to sub-sect ion (I) of section 41 shall be

punishable with fine aftiftcen 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 pun ishable 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 lax of the motor vehicle. whichever is higher.

. -

61 of 1985.

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX, 20-11 -2019 43-35

(ii) for the words "\\hich may ('.\tend to t\\O thousand rupees"', the \\ord~

"of ten thousand rupees' shall be subst ituted:

(iii) the words ,. if committed within three years of the commission of the pre\ iOll S similar offence," shall be omitted:

(iv) for the words "which may extend to three thousand rupees". the wurd s

"of fifteen thousand rupees" shall b< substituted:

(v) for thc £xplanorio11. the following E\planaliol1 shall be substituted, nal1lcb.:

'Explal1vlinll. - For the purposes of this sect ion, lhe 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 :\arcotic Drugs and Psychotropic Substances Act. 1985.', 69, In sect ion 186 in the principal Act, fo r the words "two hundred rupees' and "five

hundred rupees", the words "one thousand rupees" and "two thousand rupees" shall respective ly be subst ituted.

70, [n section 187 of the princ ipal Act,--

(i) fo r the brackets and letter "(c)" the brackets and letter "(0)" shall be subst ituted ;

(ii) for the words "three months" , the words "six months" shall be substi tuted:

(iii) for the words "whi ch 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" sha ll be substi tuted; and

(v) for the words "which may extend to one thousand rupees", the words "of len thousand rupees" shall be substituted,

71. In section 189 of the principal Act,-

(i) for the words "one month", the words "three months" sha ll be substituted:

(ii) forthe words "which may extend to five hundred rupees", the words "offivc thousand rupees" shall be subst ituted:

(iii) after the words "with both", the words, "and for a subsequent offence shan be pun ishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both." shall be insened .

72, In section 190 of the principal Act.--

(i) in sub-section (1),--

(a) for the words "which may extend to two hundred and fift ) rupees" the

words "of one thousand five hundred rupees" shall be substituted:

(b) for the words "which may extend to one thousand rupees" tht: words

"of five thousand rupees" shall be substituted: and

(e) after the words "with both" , the words. "and for a subsequent offence shall be punishable \v ith imprisonment for a renn which may extend to si~ month~,

or with a fine of ten thousand rupees for bodily injury or damage to propclty"

shall be inserted.

(ii) in sub-section (1),-

(0) for the words "a fine of one thousand rupees", the words "imprisonment for a tenn which may extend to three months. or wi th fine which may extend w Amendment

01 section

186

AmcndmetH of sc!; tion

187 ,

Amendment or scction

189

All,,:ndmClll nf ,c(,. l!nn

1,0

43-38 GUJARA T GOVERNMENT GAZETTE, EX. 20-1^1-2019 [ PART-Vl Ins~rt lon of

new sections

194A. 1949.

194C. 194D.

IQ4E ~lld 1941'.

Carriage of excess

passengers Cse of safety belts and lhe scatl!1g of children . Penalty fo r VIolatIon of safety

measures for motor eycle drivers and pillion riders . PeJ1all~ for not wearlllg. protec tl vl' headgear.

Failure to

alJow frl.!e passage III

emergen..:~

Veillclcs

t..:sc of horn~ an d silence zones

laterally beyond the s ide of the body or to the front or to the rca.r or in height beyond the pennissible limit:

Provided fU!1her that nothing in th is sub-sec tion shall apply when such molor vehicle has been given an exemption by the competent authority authorised in this behalf. by the State Government or the Central Go"vcrnl11cnt. allowing the calTiagc ofa pa11icular load.";

(iii) in sub-sect ion (1). for the words , "which may extend to three thousand rupees" the words "of fOl1y thousand rupees" shall be substituted ....

79. After sect ion 194 in the principal Act , the following sect ions shall be insened, namely:-

"194A. Whoever drives a transport vehicle o r causes or allows a transport vehicle to be driven while canying more passengers than is authorised in the registrat ion certificate of such transport vehicle or the pennit 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. (I) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing scat belts sha ll be puni shable with a fine of one thousand rupees:

Provided that the State Government, may by notification in the Omcial Gazette, exclude the application of this sub· section to transport vehicles to carry standing passengers or other specified classes of transpol1 vehicles. .

(2 ) Whoever-drives a motor vehicle or causes or allows a motor vehicle to be driven with a ch ild who, not having attained the age of founeen years, is not secured by a safety belt or a chi ld restraint system shall be punishable wi th a fine of one thousand rupees.

194C. Whoever drives a motor cyc le or causes or a llows a motor cycle to be dri ven in contravention of the provisions of section 128 o r the rules or regu lations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disq ualified for hold ing licence for a per io.d of three m<;mths. 19--lD. Whoever drives a motor cycle o r causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the ru les or regulations made thereunder 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. 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 spec ified by the State Government. shall be punishable with imprisonment for a tcnn which may extend to six months. or with a fine often thousand rupees or with both.

194F. Whoever--

(0) while driving a motor vehicle--

(i) sounds the horn needl essly or continuously or more than necessary to ensure safety. or

•

PART-Vl] GUJARAT GOVERNMENT GAZETTE, EX. 20- 11-20 19 43-37

(.1) 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 parti~u l ar , or the engine number or the chassis number embossed thereon are different from such number entered in the cCl1ificate of registration shall be pun ishable with imprisonment for a tern1 which shall not be less than six months but may extend to one year and with fine equal to tcn times the amount of annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher.'",

77. In the principal Act,- .. (~) in section 193, in tbe marginal heading, for the words "agents and canvassers", the words "agents, canvassers and aggregators" shall be substituted;

(8) section 193 shall be numbered as sub-section (I ) thereof, and- (/) in sub-sect ion (I) 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 lIof two thousand rupees" shall be subst ituted:

(ii) after sub-section (I) as so numbered, the follow ing sub·sections sha ll be insened, namely:-

"(2) Whoever engages himse lfas an aggregator in contravention of the provisions· of section 93 or of any rules made thereunder 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

condi tion of the licence granted under sub-section (I) of section 93, not designated by the State Government as a material condit ion, shall be punishab le 'yith fi ne of five thousand rupees ... .

78. In section 194 of the principal Act,-

(i) in sub-section (/) ,-

(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 "oftwenty thousand rupees and an additional amount of two thousand rupees per tonne of excess

load" shall be suhstituted:

"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.".

(i/) after sub·section (I), the following sub-section shall be insened. namely:-

"( /..-J) Whoever drives a motor veh icle 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 pan thereof or anything extends laterally beyond the side of the body or to

. the fTont or to the rear or in height beyond the penniss ible limit sha ll be punishable

with a fi ne of twenty thousand rupees, together with the liability to pay charges

for off-load ing of such load:

Provided that such motor veh icle shall not be allowed to move before

such load is alTanged in a manner such that there is no extension of the load Amendmen l

of sec ti o n

193

Amendmenl of secti on

194

43-38 GUJARA T GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI insert IO n of

new sections

[ 941\ . [94 B.

[94C. [9m.

1941: and

IQ.tF

Carriage of

cxcess

passengers .

Csc of safely

bclts and the

seat1l1g of

children.

Pen ally for

vlolall on of

safety

measures fo r

motor cycle

drivers and

pillion riders.

Pena1t~ for

not wearing

pnHcclivl..'

headgear

Failure to

allow free

passage III

emergcnc~

"clucks Lise uf horn:. and silence zo nes

laterally beyond the side of the body or to the front or to the rear or in height beyond the pennissible limit:

Provided fUI1her that nothing in this sub-section shall apply when such motor veh icle has been given an exemption by the competent authority authorised in this behalf. by the State Governmcl1l o r the Centr.al Go"vcn1mcnt. allowing the carriage ofa pa!ticular load." ;

(ii i) in sub-section (1), for the words. "\\hich may extcnd to th ree thousand rupees" the words "of forty thousand rupees" shall be substituted ....

79. Aftcr section 194 in thl! principal Act , the following sections shall bc inserted, namely:-

"194A. Whoever dri ves a transport vehicle or causes or a llows a transport vehicle to be driven while carrying more passengers than is authorised in the registration ccrtificate of such transport vehic le or the penn it condi tions app licable to such transport vehicle shall be pun ishable with a fine of two hundred rupees per excess passenger:

Provided that such transport vehic le shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers .

194B. (I) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be puni shable with a fine of one thousand rupees:

Provided that the State Government. may by notificat ion in the Official Gazette , exclude the application of this sub-section to transport veh ic les to carry standing passengers or other specified classcs of transpol1 v~hic l es. .

(2) Whocver-drives a motor vehic le or causes or allows a motor vehicle to be driven with a child who, not hav ing attained the age of fourteen years, is not secured by a safety belt or a child restrai nt system shall be punishab le wi th a fine of one thousand rupees.

194C. Whoever drives a motor cyc le or causes or a llows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulat ions made thereunder shall be punishab le with a fine of one thousand rupees and he shall be disqua lified for holding licence for a pcr io.d of three ITI qnths. 1940. Whoever drives a motor cycle o r causes or allows a motor cycle to be driven in contravention of thc provisions of sect ion 129 or the ru les or regulations made thereunder shall be pun ishable with a fine of one thousand rupees and he shall be disqua lified for holding licence for a period of three months. 194E. Whoever wh ile dr iving a motor vehic le fa il s to draw to the side of the road. on the approach of a fire service vehicle or of an ambulance or othcr emergency vehicle as may be specified by thc State GovcITImcnt, shal l be punishable with imprisonment for a tenn which may extend to six months. or with a fine often thousand rupees or with both .

194F. Whoever--

(a) wh ile driving a motor vehic1e-

(i) sound s the horn need less ly or contin uously or 1110re than necessary to ensure safety. or

Insertion of new sections 199A and

1998 .

Offences by juvenil es .

43-40 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019 [ PART-VI

(c) the state ofrcpair 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 re lates was likely to cause danger to the road users:

(e) whether the designated authority responsible for the mainlenance of Ihe road could not reasonably have been expected to repair that part oCthe road

before the cause of action arose:

if) 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 th is section, the tenn "contractor" shall inc lude sub-contractors and al l such persons who are responsible for any stage In the design, construction and maintenance of a stretch of road.'.

85. After section 199 of the principal Act, the following sections shall be inserted, namely:-

"199A (I) Where an offence under this Act has been committed by ajuveni le, 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-sect ion sha ll render such guardian or owner

liable to any punishment provided in thi s 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 juven ile was wi th the consent of the guardian of such juven ile or the owner of the motor vehicle, as the case may be.

(2) In addition to the penalty under sub-sect ion (I), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and

with a fine oftwenty~five thousand rupees.

(3) The provisions of sub-section (/) and sub-section (2) shall not apply to such

guardian or owner if the juvenile committing the offence had been granted a leamer's licence under section 8 or a driving licence and was operat ing a motor veh ic le which such juvenile was licensed to operate.

U) Where an offence under th is Act has been committed by a juvenile, the

regisrration 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 juveni le, then

notwithstanding section 401' section 7. such j uvenile 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 shal l 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, }OOO.

56 or 2000.

PART-VI) GUJARATGOVERNMENT GAZETTE, EX. 20- 11-20 19

(i0 sounds the hom in an area with a traffic sign prohibiting the use oCa hom, or

(b) dri ves a motor vehicle which makes usc ora cut·out by which exhaust gases arc 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 t\\.:.o thousand rupees," .

80. Section 195 of the principal Act shal1 be omitted.

81. In section 196 of the principal ;\ct,- -'

(i) afterthc word "shal1 be pun ishable". the words "for the fi rs~rfence" shall ~~

inserted:

(ii) for the words "which may extend [Q one thousand rupees", the words "of

two thousand rupees." sha ll" be substituted; and

(iii) after the words "with both". the words ", and for a subsequent offence shall

be punishable with imprisonment for a tenn which may extend to three months, or with

fine of four thousand rupees, or with both." shall be inserted. 43-39

Omission or sect ion 195 Amendment of sec tI on

19ti .

82. In section 197 of the principal Act,- Amendment of section

(i) in sub-section ( I ), for the words " which may eXlend to five hundred rupees", \97 . the words "of five thousand rupees" sha ll be substi tuted;

(ii) in sub-section (2), for the words " which may extend to five hundred rupees"

the words "of five thousand rupees" sha l1 be substituted.

83. 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.

84. After sect ion 198 of the principal act, the following section shall be inserted. namely:-

'198A. (J) 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) Whcre failure on the part of the designated authority, contractor. consultant

or concessionaire responsible under sub-sect ion (I) 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 1648.

(3) For the purposes of sub-section (2). the court shall in particular have regard

to the following matters, namcly:-·

(0) the characterist ics of the road and the nature and type o f traffic ,\hich \\as reasonably expected to use it as per the design of road:

(h) the standard ofmaintcnance nonns applicable for a road of that character

and use by such traffic:

Amendment of sec tion

198 .

Insertion of new section

198A

Failure 10 comply with standard s for road des1gn. construction and

maintenance

43-42 GUJARA T GOVERNMENT GAZETTE, EX. 20-11-201 9 [ PART-VI

\me ndmcn l of sc ..:t!(\n

206

Inscrllon of

ne\~ sectlOll5

21 0A. 21 013.

l lOC and

1100

Po\\cr of Slate Government

10 Increasc pe!1Jltlcs Penalty for offence

commlUed by an cilforcmg authority. Power of Central Government to make rules. Po\\er of State Government

to mak~ rules lnserllon of new section

211A .

L:se of electronIC forms and docu ments

88. [n section 206 of the pri nc ipal Act. afte r sub-section (3). the follo\v ing sub-section shall be inset1ed, narnely:-

"(-1) A police officer or other person authorised in th is behalf b) the State

Government shall. ifhe has reason to beli eve that the driver ofa motor \chi cle has

committed all offellce under allY of sections 183. 184. 185. 189. 190. 194C. 19-1D. or 19-1E.

seize the driving licence he ld by such driver and forward it to the licensi ng authority fo r disqual ification or revocation proceed in g::, under secrion 19:

Provided that the person seizing the licence shall give to the person sUlTendcring the licence a temporal) acknowledgement therefor. but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him .. ·.

89. After section 21 0 of the principal Act. the following sections sha ll be inselied. namely:-

"210A . Subject to condit ions made by the Central Government. a State

Govemlnent, shall, by notification in the Official Gazette, speci fy a multipl icc 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 mu ltipliers may be applied to

different clas?es of motor veh icles as may be classified by the State Govemment fo r the purpose of this section.

21 OB. Any authority that is empowered to enforce the provisions of this Act

shall , if such authori ty comm its.an offence under this Act. shall be liable for twice the

penalty corresponding to that offence under this Act.

21 ~C. The Centra l Government may make rules for-

(a) design, consn'uction 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;

Government. 2100. The State Government may make rules for des ign. construction and ma intenance standards for roads other than nat ional high\\ ays, and for any other matter which is, or may be. prescribed by the State Government ....

90. Aftcr section 211 of the principal Act, the fo llowing section shall be insened.

namcly:-

"211 A. (I) Where any provision of this Act or the rules and regulations made

thereunder provide for-

(a) the fi li ng 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 , appro\la! or endorsement, by whatever name called in a particular manner; or

(c) the receipt or payment of money in a particu lar manner. then notwithstanding anythmg contained in such provision. such requirement shall be deemed to have been satisfied if such til ing, issue, grant. receipt or payment, as the

case may be, is effected by means of such electronic fonn as may be prescribed by the

Central Government or the State Government, as the case may be.

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-1 1-20 19 199B. fhe fines as provided in th is Act shal! be increased by such amount not exceeding ten per cent. in \'alue oftl)e ~xisting fines. on an annual basis on I st day of April of each )- C3r fro m the date of commencemcnr orthe \1olor Veh ieles (Amendment) Act. 20! 9. as ma~ be notified b) the Central Gm emmenl. '·.

86. In sect ion 200 or th ..:: principal Act.

(i) in sub-section (/).- (uJ for the words. figur..:s and brackcts "punishable under section 177 .. seclion 178. section 179. seclion 180. sect ion 181 . sec lion 182. sub-sec tion (!) or ::.lID-se..:uon ~ _ ) or sectiun i 83. section j 84. section 1 86, section 189. sub-section

(2) of sect ion 190. sec tion 191. sec tion 191, sec tion 194. section J 96. or section 198 .... the words. brad.eb. figures and IcHers "punishab le under secti on 177. section 178. section i 7Q. section 180. section 181. sect ion 182. subvsection (I) or sub-scction (3) or sub-,ection (-I) of,mion 1821\. section I ~ZB\ s ~i;>-sectio n \ ' ) or subvsection (.:) of section 183. sec tion 18-1. only ro the extent of use of handheld communication devices. sl!ction 186. sect ion 189, subvsect ion (2) of section 190. section 192, section J9JA. sec tion 194, section [9-1.A. section 1948, sec tion 194C. section 194D. section I q~E. seclion 19-1F. section 196. section 198. shall be subst ituted ;

(b) the fo llowing proviso sha ll be insel1ed, namely:-

"Provided that the State Government may, in add ition to such amount, require the offender to undertake a per iod of community service." . ( ii) after sub-sec tion (2), the following prov isos shall be inserted, namely:-

" Provided that notwithstand ing compounding under this secti on. such offence shall be deemed to be a previous commission of the same offence for the purpose of detennining whether a subsequent offence has been committed:

Provided further that compounding of an offence \vill not discharge the offender from proceedings under sub-section (./) of sec tion 206 or the obligation to complete a driver re fresher training course, or the obligat ion tq complete community service , ifapp licablc. ··.

87. In section 201 of the principal Acl.-

(i) in sub-seclion (1),-

(a) the word ··di sabled·· shall be omitted;

(b) for the "ords ··fifty rupees per hour·, the words ·' fi ve hundred rupees·. sha ll be substituted;

(c) in the second proviso. for the words "a Govemment Agency. towing charges", the words "an agency authorised by the Central Government or State Government. removal charges" shall be substituted.

(ii) in subvsec tion (2). for the words " to\'v ing charges", the words "removal charges" sha ll be substituted:

(iii) after sub-section (2). the following sub-sect ion shall be inserted. namely:-

"(3) sub-section (J) shall not apply where the motor veh icle has suffered an unforeseen breakdown and is in the process o f bring removed .".

(iv) after sub-section (3), the following ErpianatlOn shall be insel1ed. namely: - 'Explanation. - For the purposes of this section, "removal charges"

includes any costs involved in the removal of the motor veh icle from one location to another and also includes any costs related to storage of such motor vehicle.'. 43-4 1

Rc\ 1,:>\,Jn ot

fm cs

r'\l1ll'lldmCT1\

of SC!..llc'll

.:!Of!

A mendment

of sec tion

201

Power of Ce ntral Government to make rules Power of State Go vernment 10 make rules 43-44 GUJARAT GOVERNMENT GAZETTE, EX. 20- 11 -20 19 [ PART-VI

(0) the standards of design. \\eight. construcllon. manulactunng process. operat ion and maintenance ofmotar vehicles and of safety equipment;

(b) the registration and licensing of ma r or vehicles:

(d) the facilitation of safe and sustaina ble utiljs~lIion of rv.:td tron<;ro ^r1 ecosystem:

(e) lil t.' promotion ofnt'\\' vehicle techllolog):

(j) the safct, of vulnerable road users:

(g) programmes for educating and sensitising drivers and other r,)ad users; and

(11) such other functions as may be prescribed b) the Central Govemmenl from rime to lime.

2 I SC. (I) The Central Government may make rules for the purposes of canying 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 mean s fo r the filing of documents. issue or grant of licence. penn it, sanction , approval or endorsements and the receipt or payment of money as referred to in section 211 A;

(b ) the min imum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appoin tment" as such. as referred to in sub-section (-I) of section 213;

(c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (I) of section 215B:

(d) the other functi ons of the Nationa l Road Safety Board und er sub-section (1) of section 2 15B; and

(e) any other maner which is to be, or may be, prescribed. or in respect of which provision is to be made by rules by the Central Government. 2150. (I) The State Government Inay make rules for the purposes of cany ing into effect, the provisions of this Chapter, other than the maners specified in section 21SC.

(2) Without prejudice to the generality ofIhe foregoing power, such rules may provide for-

(a) the use of electronic fanns and means for the filing of documents. issue or grant of licence, pennit, sanction, approval or endorsemems and the receipt or payment of money as referred to in section 21 I A;

(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 goveming the exercise of such powers, the unifOlm to be worn by them, the authorities to wh ich they shall be subordinate as referred to in sub-section (3) of section 2 13 ;

(e) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause (j) in sub-section (5) of section 213; and

PART-VI 1 GUJARAT GOVERNMENT GAZETTE, EX. 20-11-2019

(2) The Central GO\ ernmenl or the State Government shall. for the purpose of sub-section (I) . prescribe-

(0) the manner and format in wh ich slich electronic fo rms and documents shall be ti led. created or issued; and

(b) the manner or method of payment of any fee or charges for fil ing, creation or issue of any electronic document under clause (0) .... 91 . In 5~ct jon :? 11 of the princIpal Act.--

(I) in sub-section (-1).-.

(a) afte r the words. brackets and fi gures .. the proviso to sub-section (I) of sec lion 112", the words and figures "section 118" shall be insened:

(b) after the words. bracke ts. fi gures and letter "sub-sect ion (-/) of sec tion 163A" . the words

fi gures and letter " section 164, section 17 7A ' shall be inserted:

(II) after sub-section (-I), the follo wing sub-section shall be inserted. name ly:-

"(5) Eve ry notification iss ued by th e State Government under section 21 OA sha ll be laid. as soon as may be after it is made. be fore each House of the State Legis lature where it consists of two Houses, or where such Legislature consists of one House, be fore that House, while it is in session for a total period ofthilty days which may be comprised in one sess ion or in two or more successive sessions, and if, before the expiry of the session immediately follow ing the session or the successive sess ions aforesaid , the House agrees or both Houses agree , as the case may be, in making any modificat~on 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 fonn or be of no effect as the case may be; so, however, that any such modification or annu lment shall be without prejudice to the validity of anyth ing previously done under that notification." .

92. After section 2 15 of the principal Act, the following sections shall be inserted. namely:-

"2 15A. Notwithstanding anything contained in this Act,-

(a) the Central Government shall have the power to de legate any power or functions that have been conferred upon it by the Act to any public servant or public authori ty and author ise 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 function s 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 .

2 l5B. (I ) The Central Government shall. by notification in the Official Gazette, const itute 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 necessmy and on such terms and conditions as may be prescribed by the Central Government.

(2) The National Board shall render advice to the Central Govenunent or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,-

43-43

'\ mcndmctl!

o f sectIOn

2. 11

Insert ion o f new sectIOns 2I SA. 2t S8. 21 5C and

2 t SD.

Po wer o f Central

Go vernment and State

Go ve rnment to delegate Nati onal Road Sa rct~ Baard

PART-VI J GUJARAT GOVERNMENT GAZETTE, EX. 20-1 1-2019

(d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by ru les by the State Government.·'.

93. In the principal Act. the Second Schedule shall be omitted.

. - Sci/-

DR. G. NARAYANA RAJU,

Secretary to the Government oflndia. By order and in the name of the Governor of Gujarat,

K. M . LALA,

Secretary to Government.

GOVERNMENT CENTRAL PRESS. GANDHI NAGAR.

43-45

OmISSI on of

Se cond

Sched ule