Motor Vehicles Act Section 217 — Repeal and savings
CHAPTER XIV MISCELLANEOUS
Civil
Summary
Sub-section (1) repeals the old Motor Vehicles Act of 1939, along with any similar state-level laws that were in force just before this Act came into effect in that state. These old laws are collectively referred to as the repealed enactments.
Sub-section (2) lists several things that continue to be valid despite the repeal. Under clause (a), any notification, rule, regulation, order, notice, appointment, declaration, exemption, confiscation, penalty, fine, forfeiture, cancellation, or other action taken under the old laws, and still in force when this Act begins, is treated as if it were done under the corresponding provision of this new Act, as long as it does not conflict with this Act. Under clause (b), any certificate of fitness, registration, licence, or permit issued under the old laws continues to work after this Act begins, under the same conditions and for the same period, as if this Act had never been passed. Under clause (c), any document that refers to the old laws or their provisions is now read as referring to this Act or its corresponding provision. Under clause (d), the assignment of distinguishing marks by the registering authority and how they are displayed on vehicles, done under the old laws, stays in force until a notification is issued under sub-section (6) of section 41 of this Act. Under clause (e), any scheme made under section 68C of the old 1939 Act, or under a similar state law, that was pending when this Act begins, is handled according to section 100 of this Act. Under clause (f), permits issued under sub-section (1A) of section 68F of the old 1939 Act, or under a similar state provision, remain in force until the approved scheme under Chapter VI of this Act is published.
Sub-section (3) states that any penalty owed under the old laws can still be recovered using the methods provided by this Act, but this does not affect any action already taken to recover such a penalty under the old laws.
Sub-section (4) clarifies that the specific items mentioned in this section do not limit or override the general application of section 6 of the General Clauses Act, 1897, which deals with the effects of repeals.
Official Text
(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,—
(a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the corresponding provision of this Act;
(b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed;
(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act;
(d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued;
(e) any scheme made under section 68C of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisions of section 100 of this Act;
(f) the permits issued under sub-section (1A) of section 68F of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provision, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published.
(3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments.
(4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.