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Motor Vehicle Act, 1988 |
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15-03-2019
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Motor Vehicle Act, 1988
The Motor Vehicles Act, 1988 The Act came into force from 1 July 1989. It replaced Motor Vehicles Act, 1939 which earlier replaced the first such enactment Motor Vehicles Act, 1914.
[1] The act is amended by The Motor Vehicles (Amendment) act, 2019. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.
Definitions
Some of the definitions from the act are given below:
motor vehicle: Any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted from an external or internal source of power.
Accident claims
There is a provision to provide ₹500,000 (US$7,200) with no upper limit, as interim relief to the family of a victim of fatal accidents. The cases of road accident compensation claims are decided in the Motor Accident Claims Tribunal.[3]
Previous laws
The "Indian Motor Vehicles Act, 1914"[4] was a central legislation passed and applicable in British India. Some princely states followed suit, with local modifications.[5] Motor vehicles were first introduced in India towards the end of the 19th century, and the 1914 Act was the first legislation to regulate their use.[6] It had 18 sections, and gave local governments the responsibility of registering and licensing vehicles and motorists, and enforcing regulations.[5] It was replaced by the Motor Vehicles Act, 1939, which came into force in 1940.
Amendments
Indian Motor Vehicles Acts, from 1914-2016
The "Indian Motor Vehicles Act, 1914" was amended by the "Indian Motor Vehicles (Amendment) Act, 1920" (Act No. XXVII of 1920) passed by the Imperial Legislative Council. It received assent from the Governor General of India on 2 September 1920. The Act amended sections 11 and 18 of the 1914 Act.
The Act was amended again by the "Indian Motor Vehicles (Amendment) Act, 1924" (Act No. XV of 1924). The Act received assent from the Governor General on 18 September 1924. It had the title, "An Act further to amend the Indian Motor Vehicles Act, 1914, for certain purposes" and amended section 11 of the 1914 Act by inserting the words "and the duration for which" after the words "area in which" in clause (a) of subsection (2) of section 11.[8] The motor vehicle act has again been amended in 2016.
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