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Central Government Notifies Enforcement of Sections 45,74,88,90 of Motor Vehicles Amendment Act 2019   Oct 01, 2020

 The Central Government has issued a Notification dated 25th September 2020 notifying 1st October 2020 as the date on which Sections 45, 74, 88 , 90 & 91(i)(b) of the Motor Vehicles Amendment Act 2019.

The said Sections are reproduced for ready reference:
 
45. After section 134 of the principal Act, the following section shall be inserted, namely:— “134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. Explanation.—For the purposes of this section, “Good Samaritan” means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.".  

 74. In section 192 of the principal Act, the following Explanation shall be inserted, namely:— “Explanation.—Use of a motor vehicle in contravention of the provisions 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 (1).”.  

 88. In section 206 of the principal Act, after subsection (3), the following sub-section  be inserted, namely:— “(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.”.  

  90. After section 211 of the principal Act, the following section shall be inserted, namely:—
 “211A. (1) Where any provision of this Act or the rules and regulations made thereunder provide for— (
a) the filing 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, approval or endorsement, by whatever name called in a particular manner; or
 (c) the receipt or payment of money in a particular manner,
 then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be. 

(2) The Central Government or the State Government shall, for the purpose of sub-section (1), prescribe— (a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and (b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).”.  

  91. In section 212 of the principal Act,— (i) in sub-section (4),— (a) after the words, brackets and figures “the proviso to sub-section (1) of section 112”, the word and figures “section 118" shall be inserted; (b) after the words, brackets, figures and letter “sub-section (4) of section 163A”, the words, figures and letter “section 164, section 177A” shall be inserted; 

Kindly refer to the Notification for details  

 

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