Section 211. Power to levy fee.

Question: What does Section 211 of the Motor Vehicles Act empower?

Answer: Section 211 Motor Vehicles Act grants authority to levy fees under the Motor Vehicles Act for specified purposes. The section details:

Fee Imposition:
It allows for the imposition of fees by the Central Government for various activities related to motor vehicles, such as registration, licensing, permits, or any other services provided under the Act.

Regulations:
The section empowers the Central Government to prescribe the manner and rates at which fees are to be levied, ensuring consistency and transparency in fee structures across the country.

Utilization:
Fees collected under this section are typically utilized for the development and maintenance of infrastructure related to motor vehicles, road safety initiatives, and other administrative expenses.

What does Section 211A of the Motor Vehicles Act entail regarding the use of electronic forms and documents?

Section 211A of the Motor Vehicles Act introduces provisions for the electronic filing, issuance, and payment processes as follows:

Electronic Forms and Documents:

It allows for the submission of any required form, application, or document to offices, authorities, bodies, or agencies under the Central Government or State Government in an electronic format.

Issuance of Licences, Permits, etc.:

The section permits the issuance or granting of licences, permits, sanctions, approvals, or endorsements by electronic means, as prescribed by the Central Government or State Government.

Electronic Receipt or Payment:

It mandates that any requirement for the receipt or payment of money under the Act can be fulfilled electronically, subject to the rules prescribed.

Implementation Details:

Prescription by Government: The Central Government or State Government is empowered to specify:

• The manner and format for filing, creating, or issuing electronic forms and documents.
• The procedures for the electronic payment of fees or charges associated with these electronic transactions.

Purpose and Impact: This provision aims to streamline administrative processes, reduce paperwork, and enhance efficiency in compliance and regulatory procedures related to motor vehicles.

Legal Recognition: Electronic submissions, issuances, and payments made in accordance with Section 211A are considered valid and compliant with the Act, overriding any traditional methods specified elsewhere in the Act or its rules.

What are the key provisions of Section 212 of the Motor Vehicles Act regarding rules and notifications?

Section 212 of the Motor Vehicles Act covers the following aspects:

Publication and Commencement of Rules:

• 1. Rules made under the Act must be published in the Official Gazette.
• 2. Unless a later date is specified, rules come into force on the date of their publication.

Laying of Rules before State Legislature:

• Every rule made by a State Government under the Act must be laid before the State Legislature as soon as possible after it is made.

Central Government Rules, Schemes, and Notifications:

• 1. Rules made by the Central Government under the Act, along with schemes and notifications issued under specific sections of the Act, must be laid before each House of Parliament while it is in session.
• 2. These must be laid for a total period of thirty days, which can be in one session or spread across two or more successive sessions.
• 3. If both Houses of Parliament agree to modify or annul any rule, scheme, or notification, it will take effect only in the modified form or be of no effect, without affecting the validity of previous actions taken under it.

State Government Notifications:

• Notifications issued by State Governments under Section 210A must be laid before each House of the State Legislature (if it consists of two Houses) or before the House (if it consists of one House).
• Similar to Central Government notifications, modifications or annulments can be made if agreed upon by the House or Houses within thirty days.

Purpose and Implications:

• 1. Transparency and Legislative Oversight: This section ensures transparency in the legislative process by requiring rules and notifications to be published and laid before the respective legislatures.
• 2. Parliamentary/State Legislative Control: It provides for parliamentary or state legislative scrutiny over rules, schemes, and notifications issued by the Central Government or State Governments, respectively.
• 3. Validity and Modifications: While allowing for modifications or annulments, it safeguards the actions taken under these rules, schemes, or notifications already implemented.

What are the key provisions of Section 213 of the Motor Vehicles Act regarding the appointment and powers of motor vehicles officers?

Section 213 of the Motor Vehicles Act covers the following provisions:

Establishment and Appointment:

• The State Government has the authority to establish a Motor Vehicles Department to enforce the provisions of the Act.
• It can appoint officers as it deems fit for the functioning of this department.

Public Servant Status:

• Every officer appointed under this section is considered a public servant under the Indian Penal Code.

Regulation and Rules:

• 1. The State Government can make rules to regulate the discharge of duties by these officers.
• 2. This includes prescribing their uniforms, defining their authorities and duties, specifying the powers they can exercise (including those of police officers under the Act), and setting conditions for the exercise of these powers.

Qualifications for Appointment:

• The Central Government, through notification in the Official Gazette, can prescribe minimum qualifications required for officers or classes of officers appointed under this section.

Powers of Officers:

• Officers appointed under this section have several powers, including:
  • 1. Conducting examinations and inquiries to ensure compliance with the Act and its rules.
  • 2. Entering, inspecting, and searching premises occupied by persons suspected of committing offences under the Act or where relevant motor vehicles are kept (with certain provisions regarding warrants and conditions).
  • 3. Examining persons and requiring production of registers or documents.
  • 4. Seizing or taking copies of registers or documents relevant to offences under the Act.
  • 5. Initiating prosecutions and taking bonds to secure the attendance of offenders in court.
  • 6. Exercising other prescribed powers.

Legal Provisions:

• The Code of Criminal Procedure, 1973 applies to searches and seizures under this section, similar to those conducted under a warrant issued under Section 94 of the Code.

Purpose and Implications:

• 1. Effective Implementation: Section 213 ensures effective implementation of the Motor Vehicles Act by empowering the State to establish a dedicated department with officers vested with specific powers.
• 2. Regulation and Control: It provides a framework for regulating officers' functions, ensuring they have necessary qualifications, and defining their powers and responsibilities.
• 3. Legal Safeguards: The section incorporates legal safeguards such as adherence to the Code of Criminal Procedure for searches and seizures, and protections against self-incrimination.

What is the impact of appeal and revision on orders by the original authority under the Motor Vehicles Act?

Section 214 of the Motor Vehicles Act specifies the following effects of appeal and revision on orders passed by the original authority:

No Automatic Stay:

• If an appeal or revision is filed against an order by the original authority, such as the rejection of a permit renewal, the order remains in force until the appeal or revision is resolved.
• The appellate or revisional authority can only suspend the order if explicitly directed.

Continuation of Permit Validity:

• In cases where a permit renewal application is rejected, and an appeal or revision is lodged, the appellate or revisional authority has the discretion to extend the validity of the permit beyond its expiration date until the appeal or revision is finalized.

Grounds for Reversal:

• Errors, omissions, or irregularities in the proceedings alone are insufficient grounds for overturning an order.
• The appellate or revisional authority can alter the order only if these issues have resulted in a clear failure of justice.

What are Road Safety Councils and Committees under the Motor Vehicles Act?

Section 215 of the Motor Vehicles Act establishes the framework for Road Safety Councils and Committees:

National Road Safety Council:

• Constituted by the Central Government via notification in the Official Gazette.
• Comprises a Chairman and members as deemed necessary.
• Terms and conditions are determined by the Central Government.

State Road Safety Council:

• Established by State Governments through notification in the Official Gazette.
• Includes a Chairman and members as required.
• Terms and conditions set by the respective State Government.

District Road Safety Committees:

• Each district within a State may have a committee formed by the State Government via notification in the Official Gazette.
• Includes a Chairman and other members determined by the State Government.

Functions:

• These councils and committees are mandated to execute road safety programs specified by the Central or State Government.
• They align with the objectives of the Motor Vehicles Act to promote road safety initiatives across India.

Purpose and Implications:

• Structured Governance: Section 215 ensures structured governance at national, state, and district levels to promote coordinated road safety efforts.
• Execution of Programs: It facilitates the effective execution of road safety programs mandated by the Central and State Governments.

What is the significance of Section 215A of the Motor Vehicles Act?

Section 215A grants authority to both the Central Government and State Governments to delegate their powers and functions under the Motor Vehicles Act. Key points include:

Central Government:

• Empowered to delegate its conferred powers to any public servant or authority, enabling them to execute duties under the Act.

State Government:

• Similarly authorized to delegate its powers to public servants or authorities, empowering them to fulfill responsibilities mandated by the Act.

Purpose and Implications:

• Effective Administration: This provision facilitates effective administration and enforcement of the Motor Vehicles Act by leveraging delegated authority across governmental levels.

What is the role of the National Road Safety Board under Section 215B of the Motor Vehicles Act?

Section 215B mandates the constitution of the National Road Safety Board by the Central Government, comprising a Chairman, representatives from State Governments, and other necessary members. Key responsibilities include:

Advisory Role:

• Providing advice to the Central and State Governments on matters concerning road safety and traffic management.

Scope of Advice:

• Covering standards for vehicle design, construction, safety equipment, registration, licensing, road infrastructure, and traffic control.

Additional Functions:

• Addressing new vehicle technology, safety of vulnerable road users, driver education programs, and other functions prescribed by the Central Government.

The Board aims to enhance road safety standards and promote sustainable road transport practices across India.

Question: What powers does Section 215C of the Motor Vehicles Act confer upon the Central Government?

Answer: Section 215C empowers the Central Government to formulate rules necessary for executing the provisions detailed in this chapter of the Motor Vehicles Act. These rules include:

• Electronic Means: Rules governing the use of electronic forms and methods for filing documents, issuing licenses, permits, sanctions, approvals, endorsements, and handling monetary transactions, as specified in section 211A.
• Qualifications: Prescribing the minimum qualifications required by officers of the Motor Vehicles Department or specific classes thereof, as referenced in section 213(4).
• National Road Safety Board: Determining the terms and conditions for appointing the Chairman and Members of the National Road Safety Board under section 215B(1), and defining their functions under section 215B(2).
• Other Matters: Addressing any other matters necessitating rules by the Central Government, either prescribed or requiring provision under this Act.

What powers does Section 215C of the Motor Vehicles Act confer upon the Central Government?

Section 215C empowers the Central Government to formulate rules necessary for executing the provisions detailed in this chapter of the Motor Vehicles Act. These rules include:

• Electronic Means: Rules governing the use of electronic forms and methods for filing documents, issuing licenses, permits, sanctions, approvals, endorsements, and handling monetary transactions, as specified in section 211A.


• Qualifications: Prescribing the minimum qualifications required by officers of the Motor Vehicles Department or specific classes thereof, as referenced in section 213(4).


• National Road Safety Board: Determining the terms and conditions for appointing the Chairman and Members of the National Road Safety Board under section 215B(1), and defining their functions under section 215B(2).


• Other Matters: Addressing any other matters necessitating rules by the Central Government, either prescribed or requiring provision under this Act.

These rules are designed to ensure effective administration and implementation of road safety measures across India.

What powers does Section 215D of the Motor Vehicles Act grant to State Governments?

Section 215D empowers State Governments to establish rules essential for executing the provisions detailed in this chapter of the Motor Vehicles Act. These rules include:

• Electronic Means: Rules governing the use of electronic forms and methods for filing documents, issuing licenses, permits, sanctions, approvals, endorsements, and handling monetary transactions, as specified in section 211A.


• Motor Vehicles Department Officers: Defining the duties, functions, and powers of officers within the Motor Vehicles Department, including those equivalent to police officers under this Act. This encompasses specifying their uniforms, the authorities to which they report, and conditions for exercising their powers, as referenced in section 213(3) and (5)(f).


• Other Matters: Addressing any additional matters requiring rules by the State Government, either prescribed or necessitating provision under this Act.

These rules are instrumental in ensuring effective administration and implementation of road safety measures at the state level.

What does Section 216 of the Motor Vehicles Act empower the Central Government to do?

Section 216 grants the Central Government the authority to resolve any difficulties encountered in enforcing the Motor Vehicles Act. Specifically:

• Provision Making: The Central Government can issue orders, published in the Official Gazette, to introduce provisions deemed necessary or expedient to overcome these difficulties.


• Time Limit: This power must be exercised within three years from the commencement of the Act.


• Parliamentary Oversight: Every order issued under this section must be presented to both Houses of Parliament for review and scrutiny.

What does Section 217 of the Motor Vehicles Act specify regarding repeal and savings?

Section 217 of the Motor Vehicles Act outlines the following provisions:

• Repeal of Previous Laws: The Motor Vehicles Act, 1939, and any corresponding laws in states are repealed.


• Continuation of Legal Effects:
  • Despite the repeal, any notifications, rules, orders, appointments, penalties, fines, and other actions under the old laws continue to have effect under the new Act if they are not inconsistent.
  • Certificates of fitness, registrations, licenses, and permits issued under the old laws remain valid under the new Act.


• Interpretation of Documents: Documents referring to the old laws are construed as referring to the new Act.


• Transition Provisions: The assignment of distinguishing marks on vehicles and schemes and permits issued under the old laws are governed by specific transition provisions until new notifications or schemes are issued under the new Act.


• Recovery of Penalties: Penalties under the old laws can be recovered under the new Act’s provisions.


• Application of General Clauses Act: Section 6 of the General Clauses Act, 1897, applies to the repeal, ensuring its general application.

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Motor Vehicle Act - Preliminary | Motor Vehicle Act - Special Provisions Relating to State Transport Undertakings | Motor Vehicle Act - Registration of Motor Vehicles | Motor Vehicle Act - Liability Without Fault in Certain Cases