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MVA, 1988
Start Practicing
MVAChapter XIVSection 216
Section216

Power to remove difficulties

AI Assist

Summary

Central Government can make temporary orders to remove difficulties in implementing the Act, provided those orders do not conflict with the Act. Orders must be published in the Official Gazette and laid before both Houses of Parliament. No such order can be made after three years from the Act's commencement.

Example

Priya runs a small garage and a new clause leaves doubt whether certain battery-powered scooters need the usual permit. The Central Government issues an order in the Official Gazette saying low-power scooters are temporarily exempt until detailed rules are made. Priya can rely on that order because it does not conflict with the Act and was made within three years; the order is laid before Parliament.

Bare Act

Enacted text

(1) If any difficulty arises in, giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

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XIV

Chapter XIV

Miscellaneous

In this chapter

  • 211Power to levy fee
  • 212Publication, commencement and laying of rules and notifications
  • 213Appointment of motor vehicles officers
  • 214Effect of appeal and revision on orders passed by original authority
  • 215Road Safety Councils and Committees
  • 216Power to remove difficulties
  • 217Repeal and savings
  • 217ARenewal of permits, driving licenses and registration granted under the Motor Vehicles Act, 1939
Previous · Section 215Road Safety Councils and CommitteesNext · Section 217Repeal and savings