Motor Vehicles Act: Section 216 – Power to remove difficulties

(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.

Simplified Explanation

Section 216 of the Motor Vehicles Act grants the Central Government the authority to take necessary actions to remove difficulties that may arise during the implementation of the provisions of the Act. This section is designed to ensure that any obstacles or ambiguities encountered while enforcing the Act can be addressed efficiently, ensuring the smooth operation of the law.

Overview of Section 216

This section focuses on:

  1. Providing the Central Government with the power to issue orders to resolve difficulties that might occur in the application or interpretation of the Motor Vehicles Act.
  2. Allowing for administrative flexibility in implementing the Act without needing to amend the entire law.

Key Elements of Section 216

  1. Power to Remove Difficulties:
    • If any difficulty arises in implementing any provision of the Motor Vehicles Act, the Central Government has the power to take necessary steps to remove such difficulties by issuing appropriate orders.
    • This ensures that the law can be applied effectively, even if certain provisions or situations are not immediately clear or cause practical challenges.
  2. Scope and Limitations:
    • The power to remove difficulties is limited in scope. It cannot be used to make any fundamental changes to the Act itself. The provision can only be used to clarify ambiguities or address practical issues that arise during enforcement.
    • Orders issued under this section must align with the spirit and intent of the Act and cannot alter the basic structure or objectives of the law.
  3. Time Limit:
    • The Central Government can exercise this power only within three years from the date on which the Motor Vehicles Act or any of its amendments came into force.
    • This time restriction ensures that the power is used to address initial implementation issues and is not misused over an extended period.
  4. Publication of Orders:
    • Any order issued by the Central Government under this section must be published in the Official Gazette to ensure transparency and public knowledge of the steps taken to remove difficulties.
    • This ensures that the public and stakeholders are informed of any clarifications or adjustments made to facilitate the Act’s implementation.
  5. Administrative Flexibility:
    • Section 216 provides administrative flexibility, allowing the Central Government to address unforeseen challenges or issues without having to go through the lengthy process of legislative amendment. This flexibility is crucial for ensuring the Act is practically enforceable and adaptable to real-world scenarios.

Practical Implications

  • Efficient Implementation: Section 216 allows the Central Government to address practical challenges that arise during the enforcement of the Motor Vehicles Act without needing to amend the law. This helps in maintaining the smooth operation of the Act.
  • Addressing Ambiguities: In cases where the law is unclear or creates confusion during enforcement, this section empowers the government to issue orders to clarify provisions, ensuring that legal and administrative ambiguities are resolved swiftly.
  • Time-bound Authority: By limiting the exercise of this power to three years from the enactment or amendment of the Act, Section 216 ensures that it is used primarily for initial implementation issues and not as a long-term tool for making changes to the Act.
  • Ensuring Public Awareness: The requirement to publish orders in the Official Gazette ensures that the process of removing difficulties is transparent and publicly accessible, maintaining accountability in how the government resolves issues related to the Act’s enforcement.

Conclusion

Section 216 of the Motor Vehicles Act provides the Central Government with the authority to remove difficulties that arise during the implementation of the Act. It allows for the issuance of orders to address ambiguities or challenges in applying the law, ensuring that the Act functions smoothly without requiring immediate legislative amendments. The section offers administrative flexibility within a defined time frame and ensures that any actions taken to resolve difficulties are transparent and publicly communicated through the Official Gazette. This provision helps ensure that the Act remains adaptable and enforceable in real-world situations.

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