Page 71 - The Motor Vehicles Act, 1988

THE MOTOR VEHICLES (AMENDMENT) ACT, 2019 (lxxi)

(ii) after sub-section (2), the following provisos shall be inserted, namely:—
“PROVIDED that notwithstanding compounding under this section,
such offence shall be deemed to be a previous commission of the same
offence for the purpose of determining whether a subsequent offence
has been committed:
PROVIDED FURTHER that compounding of an offence will not
discharge the offender from proceedings under sub-section (4) of section
206 or the obligation to complete a driver refresher training course, or
the obligation to complete community service, if applicable.”.
1 87. Amendment of section 201
In section 201 of the principal Act,—
(i) in sub-section (1),—
(a) the word “disabled” shall be omitted;
(b) for the words “fifty rupees per hour”, the words “five hundred
rupees” shall be substituted;
(c) in the second proviso, for the words “a Government Agency,
towing charges”, the words “an agency authorised by the Central
Government or State Government, removal charges” shall be
substituted;
(ii) in sub-section (2), for the words “towing charges”, the words “removal
charges” shall be substituted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) sub-section (1) shall not apply where the motor vehicle has
suffered an unforeseen breakdown and is in the process of being
removed.”;
(iv) after sub-section (3), the following Explanation shall be inserted, namely:—
‘Explanation : For the purposes of this section, “removal charges” includes
any costs involved in the removal of the motor vehicle from one location
to another and also includes any costs related to storage of such motor
vehicle.’.
2 88. Amendment of section 206
In section 206 of the principal Act, after sub-section (3), the following sub-section
shall be inserted, namely:—
“(4) A police officer or other person authorised in this behalf by the State
Government shall, if he has reason to believe that the driver of a motor vehicle
has committed an offence under any of sections 183, 184, 185, 189, 190, 194C,
194D, or 194E, seize the driving licence held by such driver and forward it to
the licensing authority for disqualification or revocation proceedings under
section 19:
PROVIDED that the person seizing the licence shall give to the person
surrendering the licence a temporary acknowledgement therefor, but such

1. Enforced w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Enforced w.e.f. 1-10-2020 vide SO 3311(E), dt. 25-9-2020.