Home India Ministry of Road Transport and Highways In pursuance of the powers conferred by subrule 4 of rule 10...
Date: 2021-03-30 Category: Extra Ordinary State: Union Government Country: India

In pursuance of the powers conferred by subrule 4 of rule 100 of Central Motor Vehicles Rules,

Issued by Ministry of Road Transport and Highways · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Amendment to Central Motor Vehicles Rules, 1989 **1. Executive Summary:** This report analyzes an amendment to the Central Motor Vehicles Rules, 1989, as published in the Gazette of India on March 30, 2021. The amendment, specifically addresses rule 100 related to manufacturer compliance. It provides an extension for manufacturers who were compliant with the existing rules until March 31, 2021, allowing them to continue under those rules until March 31, 2022. Conversely, manufacturers complying with rules from April 1, 2021, must continue to do so. This report details the specific changes, affected parties, and potential impact of this amendment. **2. Introduction:** The purpose of this report is to provide an analysis of the amendment to the Central Motor Vehicles Rules, 1989, published on March 30, 2021. This analysis is based solely on the information provided within the official gazette notification. **3. Policy Overview:** * **Original Policy:** Central Motor Vehicles Rules, 1989 * **Core Objective(s):** While the overall objectives of the Central Motor Vehicles Rules, 1989 are not fully available in the provided text, it can be inferred that Rule 100 deals with regulations related to vehicle manufacturing and compliance. The amendment suggests a focus on adapting to new requirements over a specific period. **4. Background and Rationale:** This amendment appears to address the transition period related to changes introduced by the Central Motor Vehicles Seventh Amendment Rules, 2020, specifically clause (b) of rule 2. The amendment seems designed to provide a grace period or transition plan for manufacturers who had already complied with the rules before the changes from the Seventh Amendment Rules came into full effect. This likely aims to mitigate disruption and provide manufacturers with a phased approach to compliance. **5. Key Provisions / Changes:** This is an amendment to Rule 100 of the Central Motor Vehicles Rules, 1989. The key change is the addition of subrule 3C. * **Specific Part Changed:** Rule 100 of the Central Motor Vehicles Rules, 1989. After subrule 3B, a new subrule 3C is inserted. * **New Rule/Provision:** * Subrule 3C allows manufacturers who complied with the existing rules as of March 31, 2021, to continue doing so until March 31, 2022. During this period, it will be considered as if the provisions of clause (b) of rule 2 of the Central Motor Vehicles Seventh Amendment Rules, 2020, came into force on April 1, 2022. * A proviso states that manufacturers who comply with the provisions of this rule as they exist on April 1, 2021, must continue to do so. * **Difference/Effect:** This amendment provides a transition period. Manufacturers compliant with the older rules are given an extra year to adapt to the changes introduced by the Central Motor Vehicles Seventh Amendment Rules, 2020. It essentially defers the full implementation of certain aspects of the 2020 amendment for those manufacturers who were already compliant with older standards. It also clarifies the situation for manufacturers who adopt the new rules immediately on April 1, 2021, requiring them to continue under those rules. **6. Target Audience and Stakeholders:** The primary target audience is **vehicle manufacturers** operating within India, specifically those affected by changes to the Central Motor Vehicles Rules introduced by the Seventh Amendment Rules, 2020. The amendment affects the timeline for compliance with those new changes. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Road Transport and Highways is the responsible agency, as indicated by the order issued by Jt. Secy. Amit Varadan. * **Timelines:** The amendment specifies two key dates: * March 31, 2021: The cutoff for manufacturers who can opt for the extension. * March 31, 2022: The end of the extension period for manufacturers who were compliant with the old rules. * April 1, 2021: The date after which manufacturers complying with the new rules must continue to do so. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is a smoother transition for vehicle manufacturers adapting to the changes introduced by the Central Motor Vehicles Seventh Amendment Rules, 2020. By providing a one-year extension for those already compliant with the previous rules, the amendment likely seeks to: * Reduce disruption to manufacturing processes. * Provide manufacturers with sufficient time to implement the changes required by the 2020 amendment. * Avoid penalizing manufacturers who were already in compliance with the existing regulations. The impact will likely be a more gradual adoption of the new rules, with some manufacturers adhering to the previous standards for an additional year. **9. Conclusion:** The amendment to Rule 100 of the Central Motor Vehicles Rules, 1989, provides a crucial transition period for vehicle manufacturers adapting to changes introduced by the Central Motor Vehicles Seventh Amendment Rules, 2020. This amendment demonstrates a phased approach to implementation, aimed at mitigating disruption and facilitating a smoother transition for the industry. The amendment is significant as it clarifies the compliance requirements for manufacturers during this period of regulatory change.

Key Entities Referenced

NEW DELHI: Location of publication in India. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS: The Indian government ministry that issued the order. Central Motor Vehicles Rules, 1989: A set of rules related to motor vehicles in India, being amended by this notification. Central Government: The government of India. Central Motor Vehicles Seventh Amendment Rules, 2020: Amendment rules to the Central Motor Vehicles Rules. AMIT VARADAN: Jt. Secy. - Joint Secretary in the government, signing the order. Government of India Press, Ring Road, Mayapuri, New Delhi: Location of the printing press that uploaded the document.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-30032021-226239 xxxGIDHxxx CG-DL-E-30032021-226239 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1302] नई ददल्ली मगं लवार, मार् ग30, 2021/र्त्रै 9, 1943 No. 1302] NEW DELHI, TUESDAY, MARCH 30, 2021/CHAITRA 9, 1943 सड़क पररवहन एव ंरािमाग गमत्रं ालय आदेि नई ददल् ली, 30 मार्,ग 2021 का.आ. 1407(अ).—केन्द्रीय सरकार, केन्द्रीय मोटर यान जनयम 1989 (जिसे इसमें इसके पश्चात ् उक्त जनयम कहा गया ह)ै के जनयम 100 के उप-जनयम (4) द्वारा प्रदत्त िजक्तयों के अनुसरण म,ें जनम्नजलजखत आदिे करती ह,ै अर्ागत ् :- 1. उक्त जनयम के जनयम 100 म ें उप-जनयम (3ख) के पश्चात् जनम्नजलजखत उप-जनयम अंत:स्ट्र्ाजपत दकया िाएगा, अर्ागत ् :- “(3ग)” िहां दकसी जवजनमागता की दिा म ें इन जनयम के उपबंधों का अनुपालन ऐसे दकया गया ह ै िैस े वे 31 मार्,ग 2021 को जवद्यमान र्,े वहां ऐसा जवजनमागता 31 मार्,ग 2022 तक सतत ् ऐसा कर सकेगा और ऐसी पररजस्ट्र्जत म ें यह उपधाररत दकया िाएगा मानो केन्द्रीय मोटर यान (सातवां संिोधन) जनयम 2020 के जनयम 2 के खंड (ख) के उपबंध 1 अप्रैल, 2022 को प्रवृत्त हुए हो; परन्द्त ु जवजनमागता िो इस जनयम के उपबंधों का अनुपालन ऐसे करते ह ैं िैसे वे 1 अप्रलै , 2021 को जवद्यमान हो तो वे सतत ् ऐसा कर सकेंग”े । [स.ं आरटी-11028/03/2019-एमवीएल] अजमत वरदान, संयुक्त सजर्व रटप्पण : मूल जनयम अजधसूर्ना संख्या सा.का.जन. 590(अ), तारीख, 2 िुन, 1989 द्वारा भारत के रािपत्र, असाधारण, भाग 2, खंड 3, उपखंड (i) में प्रकाजित दकए गए र् े और अजं तम बार अजधसूर्ना संख्या सा.का.जन. 173 (अ), तारीख, 11 मार्ग, 2021 द्वारा संिोजधत दकए गए र् े । 1918 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF ROAD TRANSPORT AND HIGHWAYS ORDER New Delhi, the 30th March, 2021 S.O. 1407(E).—In pursuance of the powers conferred by sub-rule (4) of rule 100 of Central Motor Vehicles Rules, 1989 (hereafter referred to as the said rules), the Central Government hereby makes the following order, namely:- 1. In the said rules, in rule 100, after sub-rule (3B), the following sub-rule shall be inserted, namely:- “(3c) in cases where any manufacturer has complied with the provisions of this rule as they exist till the 31st March, 2021, such manufacturer may continue to do so till the 31st March, 2022, and in that situation it shall be presumed as if the provisions of clause(b) of rule 2 of the Central Motor Vehicles (Seventh Amendment) Rules, 2020, come into force, on the 01st April, 2022: Provided that the manufacturers who comply with the provisions of this rule as they exist on the 1st April, 2021, they shall continue to do so.” [No. RT-11028/03/2019-MVL] AMIT VARADAN, Jt. Secy. Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) vide notification number G.S.R. 590(E), dated the 2nd June, 1989 and last amended vide notification number G.S.R. 173(E), dated 11th March, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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