Motor Vehicles Act Section 164C — Power of Central Government to make rules

CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA

Civil

Summary

Sub-section (1) gives the Central Government the power to make rules to carry out the purposes of this Chapter.

Sub-section (2) lists the specific matters that such rules may cover, without limiting the general power in sub-section (1). Under clause (a), the rules may prescribe the forms to be used for this Chapter, including the form of the insurance policy and its particulars, the form for recording a transfer in the certificate of insurance, the form for the accident information report and how and when it must be submitted, the form for furnishing information, and the form for the annual statement of accounts for the Motor Vehicle Accident Fund.

Under clause (b), the rules may cover how applications for certificates of insurance are made and how these certificates are issued. Under clause (c), they may cover issuing duplicate certificates when the original is lost, destroyed, or mutilated. Under clause (d), they may cover the custody, production, cancellation, and surrender of certificates of insurance. Under clause (e), they may cover the records insurers must keep of policies issued under this Chapter.

Under clause (f), the rules may provide for identifying, by certificates or otherwise, persons or vehicles exempted from this Chapter. Under clause (g), they may require insurers to furnish information about insurance policies. Under clause (h), they may adapt this Chapter to vehicles brought into India by temporary visitors or to vehicles registered in a reciprocating country operating in India, with prescribed modifications.

Under clause (i), the rules may specify the requirements a certificate of insurance must comply with. Under clause (j), they may cover the administration of the Fund established under this Chapter. Under clause (k), they may set the minimum premium and the maximum liability of an insurer. Under clause (l), they may set the conditions for issuing an insurance policy and related matters.

Under clause (m), the rules may cover the details of settlement, the time limit for settlement, and the procedure for it. Under clause (n), they may cover the extent of exemptions and modifications under a specific proviso. Under clause (o), they may cover other evidence that may be required. Under clause (p), they may designate another agency to which the accident information report may be submitted.

Under clause (q), the rules may set the time limit and fee for furnishing information. Under clause (r), they may set a higher amount of compensation for death. Under clause (s), they may set the amount to be paid as interim relief. Under clause (t), they may cover the procedure for payment of compensation.

Under clause (u), the rules may specify other sources from which funds may be recovered for the scheme. Under clause (v), they may specify any other source of income for the Motor Vehicle Accident Fund. Under clause (w), they may specify the persons to whom compensation may be paid. Under clause (x), they may set the maximum liability amount. Under clause (y), they may specify other criteria for a particular purpose. Under clause (z), they may cover any other matter that is to be prescribed or for which rules are to be made.

Official Text

(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 forms to be used for the purposes of this Chapter including,—

(i) the form of the insurance policy and the particulars it shall contain as referred to in sub-section (3) of section 147;

(ii) the form for making changes in regard to the fact of transfer in the certificate of insurance under sub-section (2) of section 157;

(iii) the form in which the accident information report may be prepared, the particulars it shall contain, the manner and the time for submitting the report to the Claims Tribunal and the other agency under section 159;

(iv) the form for furnishing information under section 160; and

(v) the form of the annual statement of accounts for the Motor Vehicle Accident Fund under sub-section (7) of section 164B;

(b) the making of applications for and the issue of certificates of insurance;

(c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated;

(d) the custody, production, cancellation and surrender of certificates of insurance;

(e) the records to be maintained by insurers of policies of insurance issued under this Chapter;

(f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter;

(g) the furnishing of information respecting policies of insurance by insurers;

(h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications;

(i) the requirements which a certificate of insurance is required to comply with as referred to in clause (b) of section 145;

(j) administration of the Fund established under sub-section (3) of section 146;

(k) the minimum premium and the maximum liability of an insurer under sub-section (2) of section 147;

(l) the conditions subject to which an insurance policy shall be issued and other matters related thereto as referred to in sub-section (3) of section 147;

(m) the details of settlement, the time limit for such settlement and the procedure thereof under sub-section (2) of section 149;

(n) the extent of exemptions and the modifications under the proviso to sub-section (3) of section 158;

(o) the other evidence under sub-section (5) of section 158;

(p) such other agency to which the accident information report as referred to in section 159 may be submitted;

(q) the time limit and fee for furnishing information under section 160;

(r) the higher amount of compensation in respect of death under clause (a) of sub-section (2) of section 161;

(s) a sum to be paid as interim relief as referred to in clause (a) of sub-section (4) of section 161;

(t) the procedure for payment of compensation under sub-section (1) of section 164;

(u) such other sources from which funds may be recovered for the scheme as referred to in sub-section (2) of section 164A;

(v) any other source of income that may be credited into the Motor Vehicle Accident Fund under sub-section (1) of section 164B;

(w) the persons to whom compensation may be paid under clause (d) of sub-section (3) of section 164B;

(x) the maximum liability amount under sub-section (4) of section 164B;

(y) the other criteria under clause (c) of sub-section (6) of section 164B;

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