Motor vehicles act, 1988 bare acts law library advocatekhoj. Accident claim section 166 of the motor vehicles act, 1988. Chapter 11 of the motor vehicles act 1988 deals with the insurance of motor vehicles against third party risk. Registration of vehicles belonging to the central government. The motor vehicles act has again been amended in 1939, and replaced in 1988. These documents are provided for private study or research purposes only. Amendment act 39 of 2001statement of objects and reasons.
Motor vehicles act, 1988, section 416 motor vehicles rules, 1989, rule 50 high security registration plates order 2001 motor vehicles high security registration plates state and union territories directed to take definite decision within a period of six months as to whether there is need for giving effect to the amended rule. In the english law, any person or the legal representative of deceased person who expired on account of negligent act of other can besides. The motor vehicles act, 1988 act 59 of 1988 14 th october 1988 an act to consolidate and amend the law relating to motor vehicles be it enacted by parliament in the thirtyninth year of the republic of india as follows. Motor vehicles taxation act 1988 as at 25 february 2019. Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand. If any of the rules are violated there are serious punishments. Amendment act 39 of 2001 statement of objects and reasons. Be it enacted by parliament in the thirtyninth year of the republic of india as follows.
The motor vehicles act 1988 advocatetanmoy law library. The motor vehicle act has again been amended in 2016. The motor vehicles act, 1988 59 of 1988 is a central legislation through which the road transport is regulated in the country. By the motor vehicles amendment act, 1994, inter alia, amendments were made for make special provisions under. Rajagopalaiah was due to the rash and negligent driving of the van driver the second respondent. The motor vehicles act, passed in the year 1988 by the indian parliament, regulates almost all aspects of road transport vehicles.
Challenging is the process of prosecution by enforcement agencies for and under motor vehicle act. This act may be cited as the motor vehicles taxation act 1988. The motor vehicle act 1988 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the motor vehicle act 1988 national security, others, procedural and administration, property related, public utilities, shipping laws, tax. No name of offence section of mv act 1988rules of cmvr 1989. For the second offense, a fine of rs 4,000 andor imprisonment of up to 3 months. Revocation of driving licence on grounds of disease or disability. 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. In these rules unless the context otherwise requires. Subject to the provisions of section 47, a motor vehicle registered in accordance with this chapter in any state shall not require to be registered elsewhere in india and a certificate of registration issued or in force under this act. The motor vehicles act, 1988 the act came into force from 1 july 1989. The motor vehicles act 1988 strictly put forth procedures for permitting driving license. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. How and when to file claims with motor accidents claim tribunal.
Review of the motor vehicles act, 1988 india, south asia. In exercise of the powers conferred by section 2 of the motor vehicles act, 1988 central act no. The department is administered by the transport commissioner who is the head of department. This act ensures everyone gets treated in a fair manner and to avoid disaster accidents. Acts and rules related to the transport department have been published below as ready reference. Section 166 of the motor vehicles act, 1988 civil law. According the new motor vehicles act, you can be penalised an amount of rs 2,000 andor imprisoned for up to 3 months for the first time you are caught driving an uninsured vehicle. Some of the important sections in the motor vehicles act, 1988. This section enforces the law regarding the weight thats permitted to be carried by a vehicle. The owner of a motor vehicle who alters it by way of retrofitting of motor vehicle parts in a manner not permitted under the act shall be punished with imprisonment for. Accident claim section 166 of the motor vehicles act, 1988 mere allegation is not enough that the vehicle has no permit to ply the vehicle at the time of accident lower court wrongly not decreed the claim against insurance company mohd. The motor vehicle act 1988 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the motor vehicle act 1988 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. Short title, extent and commencement,1 these rules may be called the karnataka motor vehicles rules, 1989. Procedures and powers of claim tribunals the motor vehicles act, 1988 is an act of the parliament of india which regulates all the aspects of road transport vehicles.
In the motor vehicles act, 1988 hereinafter referred to as the principal act, in section 2, i for clause 1, the following clauses shall be substituted, namely. Every effort has been made to ensure the accuracy and. Motor vehicles act, 1988 pdf download bare act geek upd8. Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in. Pdf version printerfriendly ideal for printing entire document motor vehicle act published by quickscribe services ltd. Motor accident claims tribunal hereinafter mact found that the death of v.
Special provisions in regard to transport vehicles. The motor vehicles act is an act of the parliament of india which regulates all aspects of road. The acts passed by the governor general of india in council in the year 1920 pdf. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The motor vehicles act, 1988 is an act of the parliament of india which regulates all aspects of road transport vehicles. After the coming into force of the motor vehicles act, 1988, government received a number of representations and suggestions from the state governments, transport operators and members of public regarding the inconvenience faced by them because of the operation of some of the provisions of the 1988 act. This act replaced the previous motor vehicle act 1939 which earlier replaced the motor vehicle act 1914. Bihar finance act,2014to amend bihar motor vehicle taxation act. Motor vehicles taxation act 1988 as at 25 february 2019 act 111 of 1988 table of provisions long title part 1 preliminary 1. Transport legislation repeal and amendment act 1988 no.
Relationship with schedule 2 to road transport act 20 part 2 imposition of motor vehicle tax 4. Sep 10, 2019 the owner of a motor vehicle who alters it by way of retrofitting of motor vehicle parts in a manner not permitted under the act shall be punished with imprisonment for a term which may extend to. After the coming into force of the motor vehicles act, 1988, government received a number of representations and suggestions from the state governments, transport operators and members of public regarding the inconvenience faced by them because of the operation of. Orders refusing or revoking driving licences and appeals therefrom. It replaced motor vehicles act, 1939 which earlier replaced the first such enactment motor vehicles act, 1914. The motor vehicles act, 1988 59 of 1988 chandigarh. Motor vehicles department is regulated by the government of kerala in terms of policy formulation and its implementation. Provided that chapter viii shall take effect in the state of kerala only from such date as the central government may, by notification5in the official gazette, appoint. An act to consolidate and amend the law relating to motor vehicles. Vehicles act, 1988 59 of 1988 the government proposes to make following amendments in the jummu and kashmir. Changes that have been made appear in the content and are referenced with annotations. Replacing the 1939 act, the motor vehicles act 1988 came into force and applicable to whole of india. All you wanted to know about the new motor vehicles act the. Liability to pay compensation in certain cases on the principle of no fault.
The motor vehicle act 1988 chapter i preliminary india. Procedures and powers of claim tribunals legal service india. The department of transport has a clear vision of providing quality services in the area of transport to the citizens of. Motor vehicles act 1939 complete act citation 3917 bare. Motor vehicles act 1988 complete act citation 548 bare. Introduction with the development of civilization, act of negligence have become actionable wrong.
Every effort has been made to ensure the accuracy and completeness of the material. Nov 09, 2014 an introduction to motor vehicles act, 1988 1. Challan is a document prepared by the enforcement agency for prosecution of an offence under motor vehicle act. In this act, unless the context otherwise requires, 1 adapted vehicle means a motor vehicle either specially designed and constructed, or to which alterations have been made under subsection 2 of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person. Driving an uninsured vehicle can actually land you in jail from september 1. This section imposes the law regarding the maximum speed at which a motor vehicle can be driven. They filed a claim petition under section 166 of the motor vehicles act, 1988 claiming rs. Age limit in connection with driving of motor vehicles. Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of chapter vii of mv act, 1988 or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one. Short title, extent and commencement 1 this act may be called the motor vehicles act, 1988. The motor vehicles act, 1988 which came into force on 1st july,1988 and which is divided into xiv chapters, 217 sections and two schedules, makes it compulsory for every motor vehicle to be insured. The motor vehicles act 1939 was subjected to various amendments from time to time in order to get in compliance with the changes in the society.
Motor vehicles act,1988 3 from now on referred to as the act. Imported vehicle safety compliance act of 1988 us law. Enforcement transport department, government of jharkhand. The motor vehicle act 1988 suggests various rules and regulation for the public and it has a huge importance in the traffic regulation, so that the system goes systematically and in a proper way. It has provisions for traffic regulations, vehicle insurance, registration of motor vehicles, controlling permits and penalties. Section178 penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage etc. Full text containing the act, motor vehicles act, 1988, with all the sections, schedules, short title, enactment date, and footnotes. Extent of effectiveness of licences, to drive motor vehicles. Aug 04, 2014 the motor vehicles act 1939 was subjected to various amendments from time to time in order to get in compliance with the changes in the society. There are changes that may be brought into force at a future date.