Page 183 - The Motor Vehicles Act, 1988
P. 183

SECTION 217                              THE MOTOR VEHICLES ACT, 1988  169


                          216. Power to remove difficulties
                               (1) If any difficulty arises in giving effect to the provisions or 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 saving

                               (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                          (hereafter in this section referred to as the repealed enactments) are hereby repealed.
                               (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments—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                                     done or any other action taken under the repealed enactments, and in force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 provisions 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                                     under the repealed enactments shall continue to have effect after such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 provisions
                                     of the repealed enactments shall, after the commencement of this Act,
                                     continue to remain in force until a notification under section 41(6) 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 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.
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