Executive Summary:
The Motor Vehicles Amendment Ordinance, 2015, promulgated by the President of India on January 7, 2015, amends the Motor Vehicles Act, 1988. This ordinance addresses the regulation of ecarts and erickshaws, specifying their inclusion under the Act with certain exceptions and prescribing guidelines for their operation and licensing. The ordinance takes effect immediately.
Key Points / Main Content:
Ecarts and Erickshaws:
* A new section 2A is inserted into the Motor Vehicles Act, 1988, to include ecarts and erickshaws.
* Ecarts and erickshaws are defined as special purpose battery-powered vehicles with power not exceeding 4000 watts, having three wheels, used for carrying goods or passengers for hire or reward.
* These vehicles must be manufactured, constructed, adapted, equipped, and maintained according to prescribed specifications.
Licensing and Regulations:
* The provisions of the Act generally apply to ecarts and erickshaws, except as provided in specific sections.
* Section 7(1) is amended to specify that its provisions do not apply to ecarts or erickshaws.
* Section 9 is amended to include subsection 10, which states that driving licenses for ecarts or erickshaws will be issued in a prescribed manner and subject to specific conditions.
Rule-Making Power:
* Section 27 is amended to grant the government the power to specify:
* Specifications relating to ecarts and erickshaws under subsection 2 of section 2A.
* The manner and conditions under which driving licenses may be issued under subsection 10 of section 9.
Impact Analysis:
Manufacturers of Ecarts and Erickshaws:
* Impact: Must adhere to prescribed specifications in the manufacturing, construction, adaptation, and maintenance of ecarts and erickshaws.
* Action Required: Familiarize themselves with and implement the specifications to ensure compliance.
Ecart and Erickshaw Operators/Drivers:
* Impact: Subject to the Motor Vehicles Act, 1988, with certain exceptions and required to obtain a driving license under specific conditions.
* Action Required: Obtain the necessary driving license for operating an ecart or erickshaw according to the prescribed manner and conditions.
Government of India:
* Impact: Responsible for prescribing the specifications for ecarts and erickshaws and the manner/conditions for issuing driving licenses.
* Action Required: Formulate and publish the specifications and conditions for licensing and vehicle standards.
Key Entities Referenced
Motor Vehicles Act, 1988: The principal Act being amended by the Motor Vehicles Amendment Ordinance, 2015.
Motor Vehicles Amendment Bill, 2014: A bill passed by the House of the People (Lok Sabha) and pending in the Council of States (Rajya Sabha), which led to the promulgation of the Ordinance.
Motor Vehicles Amendment Ordinance, 2015: An ordinance promulgated by the President of India to amend the Motor Vehicles Act, 1988.
President of India: The authority who promulgated the Motor Vehicles Amendment Ordinance, 2015.
Constitution of India: The legal framework under which the President exercised powers to promulgate the ordinance, specifically clause 1 of article 123.
Ecart: A type of special purpose battery powered vehicle with three wheels for carrying goods or passengers.
Erickshaw: A type of special purpose battery powered vehicle with three wheels for carrying goods or passengers.
Pranab Mukherjee: The President of India who promulgated the Motor Vehicles Amendment Ordinance, 2015.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 7th January, 2015/Pausa 17, 1936 (Saka)
THE MOTOR VEHICLES (AMENDMENT) ORDINANCE, 2015
NO. 2 OF 2015
Promulgated by the President in the Sixty-fifth Year of the Republic of India.
An Ordinance further to amend the Motor Vehicles Act, 1988.
WHEREAS the Motor Vehicles (Amendment) Bill, 2014 has been passed by the
House of the People and is pending in the Council of States;
AND WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate action to give effect
to the provisions of the said Bill;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the
Constitution, the President is pleased to promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Motor Vehicles (Amendment) Short title and
Ordinance, 2015. commencement.
(2) It shall come into force at once.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Insertion of 2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), after 59 of 1988.
new section section 2, the following section shall be inserted, namely:—
2A.
E-card and “2A (1) Save as otherwise provided in the proviso to sub-section (1) of section 7
e-rickshaw. and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and
e-rickshaw.
(2) For the purposes of this section, “e-cart or e-rickshaw” means a special
purpose battery powered vehicle of power not exceeding 4000 watts having three
wheels for carrying goods or passengers, as the case may be, for hire or reward,
manufactured, constructed or adapted, equipped and maintained in accordance with
such specifications, as may be prescribed in this behalf.”.
Amendment 3. In the principal Act, in section 7, in sub-section (1), the following proviso shall be
of section 7. inserted, namely:—
“Provided that nothing contained in this sub-section shall apply to an e-cart or
e-rickshaw.”.
Amendment 4. In the principal Act, in section 9, after sub-section (9), the following sub-section
of section 9. shall be inserted, namely:—
“(10) Notwithstanding anything contained in this section, the driving licence to
drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions
as may be prescribed.”.
Amendment 5. In this principal Act, in section 27,—
of section 27.
(i) clause (a) shall be renumbered as clause (aa) thereof and before clause (aa)
as so renumbered, the following clause shall be inserted, namely:—
“(a) specifications relating to e-cart and e-rickshaw under sub-section (2)
of section 2A;”;
(ii) after clause (f), the following clause shall be inserted, namely:—
“(ff) the manner and the conditions subject to which the driving license
may be issued under sub-section (10) of section 9;”.
PRANAB MUKHERJEE,
President.
————
DR. SANJAY SINGH,
Secy. to the Government of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015.
GMGIPMRND—4086GI(S3)—07-01-2015.