Motor Vehicles Act, 1988 - CHAPTER XIV MISCELLANEOUS - section 216, section 217 and section 2127-A

CHAPTER XIV

MISCELLANEOUS
 section 216, section 217 and section 217-A

    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.

    217.  Repeal and savings,-  (1) The Motor Vehicle Act, 1939 ( 4 of 1939) and any law corresponding to that in force in State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactment:-

  (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments:-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any penalty or fine imposed, any forfeiture, cancellation or any other thing done  or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been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 provisions of this Act;

                (b) any certificate of fitness or registration or license or permit issued or granted under the repealed enactment shall continue to have effect after such commencement under this same conditions and for the same period as if this aAct has not been passed;

                © any document referring to any of the repealed enactments for the provisions thereof, shall be construed as referring to his Act or to the corresponding provisions of this Act;

                (d)  the assignment of distinguishing marks by  the registering authority and the manner of display on motor vehicle in accordance with the provisions of the repealed enactment shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is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 68 C of the Motor Vehicle 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 (1-A) of section 68-F 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 matter in this section shall not prejudice of affect the general application of section 6 of General Clauses Act, 1897 ( 10 of 1897) with regard to the effect of repeals.

      217-A.  Renewal of permit, license and registratrion granted under Motor Vehicle Act, 1939,-  Notwithstanding the  repeal by sub-section(1) of section 217 of the enactments referred to in sub-section, any certificate of fitness or registration or license or permit issued or granted under the said enactments may be renewed under this Act.