(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,—
(a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the corresponding provision of this Act;
(b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed;
(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act;
(d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued;
(e) any scheme made under section 68C of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisions of section 100 of this Act;
(f) the permits issued under sub-section (1A) of section 68F of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provision, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published.
(3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments.
(4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
Simplified Explanation
Section 217 of the Motor Vehicles Act addresses the repeal and savings of earlier laws that were in place before the implementation of the current Act. This section ensures that while previous laws may be repealed, certain actions, rules, or notifications made under those laws remain valid and are saved from being nullified. It provides a legal framework for the smooth transition from the old law to the new law, ensuring continuity where necessary.
Overview of Section 217
This section focuses on:
- The repeal of previous motor vehicle-related laws that were in force before the enactment of the current Motor Vehicles Act.
- The savings clause, which preserves actions, orders, rules, or notifications that were valid under the old law, allowing them to continue to be valid under the new Act unless they conflict with its provisions.
Key Elements of Section 217
- Repeal of Previous Laws:
- Section 217(1) repeals any previous laws related to motor vehicles that were in force before the enactment of the Motor Vehicles Act, 1988. This ensures that the current Act becomes the sole governing law on matters related to motor vehicles, and older laws are no longer applicable.
- This is a standard legislative practice when new laws replace older laws to avoid conflicts and confusion between overlapping legal provisions.
- Savings Clause:
- Section 217(2) contains a savings clause that protects actions, decisions, and legal proceedings that were taken or initiated under the previous laws. This ensures that anything legally done under the repealed law continues to remain valid unless it contradicts the provisions of the new law.
- For example, if a driving license, registration certificate, or permit was issued under the old law, it remains valid under the new Motor Vehicles Act unless explicitly revoked or replaced by new provisions.
- Preservation of Rules, Orders, and Notifications:
- Rules, orders, notifications, or other legal instruments made under the repealed laws are also preserved under the new Act. This ensures continuity and stability in the legal and administrative processes related to motor vehicles.
- Such rules or orders continue to be in effect until they are amended, repealed, or superseded by new rules under the current Motor Vehicles Act.
- Ongoing Legal Proceedings:
- Any legal proceedings or actions that were initiated under the old law continue to be valid under the new Act. This includes cases related to traffic violations, accidents, or other motor vehicle-related disputes that were being handled under the old legal framework.
- The section ensures that ongoing matters are not disrupted by the repeal of the previous law and can proceed to conclusion under the new Act.
- Ensuring Smooth Transition:
- The purpose of the repeal and savings provision is to ensure a smooth transition from the old legal framework to the new one without causing legal gaps or uncertainty. This continuity ensures that actions and decisions taken under the old law do not lose their validity with the enactment of the new law.
Practical Implications
- Legal Continuity: Section 217 ensures that the repeal of previous laws does not create a legal vacuum. Existing licenses, registrations, permits, and legal proceedings remain valid, which provides stability and certainty for individuals and authorities affected by the transition to the new law.
- Ongoing Legal Proceedings: Any court cases or legal matters that were ongoing under the previous law continue to be handled under the provisions of the current Act, ensuring that these proceedings are not disrupted or invalidated.
- Rules and Regulations: The continuation of rules, notifications, and orders under the previous laws ensures that there is no disruption in administrative functions. Authorities can continue to enforce road safety, vehicle registration, and licensing rules until new regulations are established under the new Act.
- Public Confidence: By including a savings clause, the Act ensures that the public can have confidence that their documents (like driving licenses or vehicle registrations) remain valid and enforceable even as new laws are introduced.
Conclusion
Section 217 of the Motor Vehicles Act ensures the repeal of older motor vehicle laws and provides a savings clause to maintain the validity of actions, orders, and legal proceedings initiated under those laws. This provision facilitates a smooth transition from the old legal framework to the new one, ensuring that existing licenses, permits, and rules remain valid unless amended or repealed by the new Act. It guarantees continuity in legal and administrative processes while preventing any disruptions caused by the repeal of previous legislation.
