Section 212, 215A, 215B, 215C and 215D of the Motor Vehicles Amendment Act 2019

 

Insertion of new sections 215A, 215B, 215C and 215D. Power of Central Government and State Government to delegate

92. After section 215 of the principal Act, the following sections shall be inserted, namely:-

"215A. Notwithstanding anything contained in this Act,- (a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act;

(b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act.

 

Section 215B National Road Safety Board

215B. (1) The Central Government shall, by notification in the Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Central Government. (2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,-

(a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment;

(b) the registration and licensing of motor vehicles;

(c) the formulation of standards for road safety, road infrastructure and control of traffic;

(d) the facilitation of safe and sustainable utilisation of road transport ecosystem;

(e) the promotion of new vehicle technology;

(f) the safety of vulnerable road users;

(g) programmes for educating and sensitising drivers and other road users; and

(h) such other functions as may be prescribed by the Central Government from time to time.

 

Section 215C Power of Central Government to make rule

215C. (1) The Central Government may make rules for the purposes of carrying into effect the provisions of this Chapter.

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

(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;

(b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213;

(c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B;

(d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; and

(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government.

 

Section 215D Power of State Government to make rules

215D. (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter, other than the matters specified in section 215C.

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

(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;

(b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powers exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub-section (3) of section 213;

(c) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause (f) of sub-section (5) of section 213; and (d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the State Government."

 

Omission of Second Schedule

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