AS INTRODUCED IN LOK SABHA
Bill No. 214 of 2016
THE MOTOR VEHICLES (AMENDMENT) BILL, 2016
ARRANGEMENT OF CLAUSES
CLAUSES
1. Short title and commencement.
2. Amendment of section 2.
3. Insertion of new section 2B.
4. Amendment of section 8.
5. Amendment of section 9
6. Amendment of section 10.
7. Amendment of section 11.
8. Amendment of section 12.
9. Amendment of section 14.
10. Amendment of section 15.
11. Amendment of section 19.
12. Insertion of new section 25A.
13. Amendment of section 26.
14. Amendment of section 27.
15. Amendment of section 40.
16. Amendment of section 41.
17. Amendment of section 43.
18. Amendment of section 44.
19. Amendment of section 49.
20. Amendment of section 52.
21. Amendment of section 55.
22. Amendment of section 56.
23. Amendment of section 59.
24. Insertion of new sections 62A and 62B.
25. Amendment of section 62.
26. Amendment of section 64.
27. Amendment of section 66.
28. Insertion of new sections 66A and 66B.
29. Amendment of section 67.
30. Amendment of section 72.
31. Amendment of section 74.
32. Insertion of new section 88A.
33. Amendment of section 92.
34. Amendment of section 93.
35. Amendment of section 94.
36. Amendment of section 96.
37. Amendment of section 110.
38. Insertion of new sections 110A and 110B.
39. Amendment of section 114.
40. Amendment of section 116.
41. Amendment of section 117.
42. Amendment of section 129.
43. Insertion of new section 134A.
44. Amendment of section 135.
45. Amendment of section 136A.
46. Amendment of section 137.
47. Amendment of section 138.
48. Omission of Chapter X.
49. Substitution of new Chapter for Chapter XI.
50. Amendment of section 165.
51. Amendment of section 166.
52. Amendment of section 168.
53. Amendment of section 169.
54. Amendment of section 170.
55. Amendment of section 173.
56. Amendment of section 177.
57. Insertion of section 177A.
58. Amendment of section 178.
59. Amendment of section 179.
60. Amendment of section 180.
61. Amendment of section 181.
62. Amendment of section 182.
63. Substitution of new sections for section 182A.
64. Amendment of section 183.
65. Amendment of section 184.
66. Amendment of section 185.
67. Amendment of section 186.
68. Amendment of section 187.
69. Amendment of section 189.
70. Amendment of section 190.
71. Amendment of section 191.
72. Amendment of section 192.
73. Amendment of section 192A.
74. Insertion of new section 192D.
75. Amendment of section 193.
76. Amendment of section 194.
77. Insertion of new sections 194A, 194B, 194C, 194D, 194E and 194F.
78. Omission of section 195.
79. Amendment of section 196.
80. Amendment of section 197.
81. Amendment of section 198.
82. Insertion of new section 199A.
83. Amendment of section 200.
84. Amendment of section 201.
85. Amendment of section 206.
86. Insertion of new sections 210A and 210B.
87. Insertion of new section 211A.
88. Amendment of section 212.
Most important not shown above
Clause 89. Insertion of new sections 215A (1) Notwithstanding anything else contained in this Act the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any person or groups of persons and authorise such person or group of persons to discharge any of its powers, functions and duties under this Act.
FINANCIAL MEMORANDUM
4. The Bill does not involve any other expenditure of recurring or non-recurring nature
from the Consolidated Fund of India. This mean the Union of India will not create any of its own machinery for discharging constitutional duty under article …….
The Govt. will not incur any expenditure for public safety from motor vehicles though Central Govt. is collecting some Rs.75,000 Crores from motor vehicles in various taxes, excise etc.
The loss to public from Motor Vehicle Accidents is Rs. 1.7 Lakh Crores annually as stated by member of National Road Safety Council at Kolkatta.
This is going to add corruption from Street Constable to Ministry.
Through this Bill the Central Govt. is acquiring power and then going to give the same to private persons without any accountability.
This Bill has increased penalty on drivers by 10 times on assumption that accidents are caused by fault of drivers which is wrong. Accidents are caused by transfer of energy in such ways and amounts and at such rapid rates, that inanimate and structures are damaged.. These accidents are caused by High Speed vehicle ( Sporty Vehicles) and heavy DUMPERs manufactured and sold in violation of Law.
Therefore section 109 of Motor Vehicle Act ( Since year 1939) reads ” Every Vehicle will be so constructed and so maintained so as to be at all times under the effective control of the person driving the vehicle.
To control manufacturing of unsafe motor vehicles in violation of Law the Central Govt. has not created any of its own machinery under section 110 B but has delegated powers to private body of manufacturers like ARAI Pune.
There is no penalty proposed on manufacturers for violation of Safety Rules under section 109 and 110 and vehicle certifying testing agencies. The only punishment for such testing agencies is cancellation of their accreditation for testing.
There is requirement of National Driving Standards and Vehicle Standards Agency of United Kingdom or National Highway Traffic Safety Administration of USA for certifying Prototype Vehicles and recalling vehicles.
Though section 110 A is proposed for recall of vehicles but there is no financial memorandum that is no financial arrangement for creating such technical machinery. In Ministry of Road Transport and Highways in Transport Wing there is not even a single technically qualified person for dealing with safety of motor vehicles. All technical Automotive Industry Standards made for safeguarding interest of Industry are only adopted and notified by Govt.
There is need for public debate by subject experts on this Bill and subject matter to reduce accidents.
I am available for debate.