(1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall, unless some later date is appointed, come into force on the date of such publication.
(3) Every rule made by any State Government shall be laid, as soon as may be after it is made, before the State Legislature.
(4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163, and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, sub-section (4) of section 163A, and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme, or notification.
Simplified Explanation
Section 212 of the Motor Vehicles Act outlines the procedures for the publication, commencement, and laying of rules and notifications issued under the Act. This section ensures that any rules or notifications made by the government, either at the Central or State level, are properly communicated, take effect at the appropriate time, and are made available for public scrutiny. It provides a transparent framework for implementing rules related to motor vehicles and road traffic regulations.
Overview of Section 212
This section focuses on:
- Publishing rules and notifications related to the Motor Vehicles Act.
- Ensuring that the rules and notifications have a clearly defined commencement date.
- Requiring that these rules be laid before the legislature for review and approval.
Key Elements of Section 212
- Publication of Rules and Notifications:
- Any rules or notifications issued under the Motor Vehicles Act must be published in the Official Gazette to ensure they are formally communicated to the public and stakeholders.
- This ensures that the public is aware of the new or amended regulations and can comply with them accordingly.
- Commencement of Rules:
- The section specifies that the commencement date for any rule or notification must be clearly stated. The rules or notifications typically come into effect on the date of their publication or on a specified future date.
- This allows for a smooth transition and gives affected individuals and businesses sufficient time to comply with the new regulations.
- Laying Before Legislature:
- After the rules or notifications are issued, they must be laid before the legislature (Parliament or State Legislature) within a specific period. This is done to allow the legislative body to review, approve, or make any necessary modifications to the rules.
- If any objections or changes are made by the legislature, the rules may be amended accordingly. This process ensures legislative oversight and accountability.
- Transparency and Accountability:
- Section 212 promotes transparency by ensuring that all rules and notifications are made available to the public through proper channels and that they are subject to legislative review.
- This process ensures that regulations are not imposed arbitrarily and that there is a legal and democratic process for their creation and implementation.
- Rule-Making Authority:
- Both the Central Government and State Governments have the authority to issue rules under the Motor Vehicles Act for matters within their jurisdiction. The rules may cover areas such as vehicle registration, permits, road safety standards, and traffic regulations.
Practical Implications
- Public Awareness and Compliance: By requiring rules and notifications to be published in the Official Gazette, Section 212 ensures that the public is made aware of new regulations in a timely manner. This helps individuals and businesses comply with the law effectively.
- Ensuring Legal Clarity: The provision that the commencement date be clearly stated ensures that there is no ambiguity about when new or amended rules take effect. This promotes legal clarity and smooth implementation.
- Legislative Oversight: The requirement to lay the rules before the legislature allows for democratic review of the rules, ensuring that they are in line with public interest and not arbitrary. This adds a layer of accountability and prevents misuse of rule-making power.
- Streamlining Rule Implementation: By following the procedures laid out in Section 212, the Central and State Governments can ensure that rules related to motor vehicles are implemented smoothly and with proper oversight. This contributes to better governance in the management of road traffic and vehicle safety.
Conclusion
Section 212 of the Motor Vehicles Act provides a framework for the publication, commencement, and laying of rules and notifications issued under the Act. It ensures that new regulations are made available to the public through the Official Gazette, have a clear commencement date, and are subject to legislative review. This section promotes transparency, legal clarity, and accountability in the rule-making process, ensuring that rules related to motor vehicles and road traffic regulations are implemented in a fair and democratic manner.
