Section 217 Motor Vehicles Act: Repeal and savings

Section 217 of Motor Vehicles Act: Repeal and savings

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.

(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,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any penalty or fine imposed, any forfeiture, cancellation or any other thing done or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been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(b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed;

(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act;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marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is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 68-C 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 (1-A) of section 68-F of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provisions, 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 1987) with regard to the effect repeals. [217-A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. - Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in that sub-section, any certificate of fitness or registration licence or permit issued or granted under the said enactments may be renewed under this Act.] [[Schedule I]

Legal Commentary & Landmark Judgments: Section 217

Section 217 of the Motor Vehicles Act, 1988 codifies the formal repeal of the Motor Vehicles Act, 1939 and corresponding provincial laws, enacting an exhaustive savings framework under Section 6 of the General Clauses Act, 1897 to protect accrued rights, existing licences, permits, pending litigation, and third-party insurance liabilities.

Express Repeal of 1939 Act and Corresponding Laws: Section 217(1) expressly repeals the Motor Vehicles Act, 1939 (4 of 1939) and any corresponding provincial or state enactment in force across India, completing statutory unification under the modern parliamentary code.
Comprehensive Savings of Accrued Rights and Instruments: Section 217(2) enacts comprehensive savings preserving any notification, rule, regulation, licence, certificate, permit, registration, appointment, or fee issued or granted under the repealed Act, deeming them to have been issued under corresponding provisions of the 1988 Act.
Preservation of General Clauses Act Principles and Pending Claims: Section 217(4) explicitly clarifies that the mention of particular savings shall not prejudice the general operation of Section 6 of the General Clauses Act, 1897, preserving accrued tortious compensation claims and pending MACT proceedings without abatement or forfeiture.
Seamless Continuity of Third-Party Insurance Mandates: Ensures that statutory third-party insurance policies and rights acquired prior to statutory repeal remain completely enforceable against insurers, preserving the jurisprudence settled under the earlier enactment.

Key Landmark Precedents:

G. Govindan v. New India Assurance Co. Ltd. (1999) 3 SCC 754: A three-Judge Bench of the Supreme Court held that the fundamental social welfare principles governing compulsory third-party insurance under the 1939 Act continued seamlessly under the 1988 Act via Section 217 savings; transfer of vehicular ownership automatically transfers the third-party insurance policy to safeguard victims.
State of Punjab v. Mohar Singh Pratap Singh, AIR 1955 SC 84: The Supreme Court held that the repeal of an enactment followed by a fresh statute preserves all accrued rights, liabilities incurred, and legal proceedings initiated under the repealed law by virtue of Section 6 of the General Clauses Act, unless a different legislative intention clearly appears.

Courtroom Practice & Strategic Litigation Guidance:

In transitional claims or long-pending appeals originating under the 1939 Act, cite Section 217(4) r/w Section 6 of the General Clauses Act and G. Govindan to prevent insurers from asserting that statutory repeal extinguished their indemnity covenants. Accrued statutory remedies and substantive liabilities survive the repeal unconditionally.

Section 217: Repeal and savings

Section 217 of Motor Vehicles Act: Repeal and savings

Legal Commentary & Landmark Judgments: Section 217