Section 190, 192, 192A, 192B and 193 of the Motor Vehicles Amendment Act 2019

Amendment of section 190 of Motor Vehicles Act

72. In section 190 of the principal Act,-

(i) in sub-section (1),-

(a) for the words "which may extend to two hundred and fifty rupees", the words "of one thousand five hundred rupees" shall be substituted;

(b) for the words "which may extend to one thousand rupees", the words "of five thousand rupees" shall be substituted; and

(c) after the words "with both", the words "and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property" shall be inserted.

(ii) in sub-section (2),-

(a) for the words "a fine of one thousand rupees", the words "imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months" shall be substituted; and

(b) for the words "a fine of two thousand rupees", the words "imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both" shall be substituted;

(iii) in sub-section (3),-
(a) for the words "which may extend to three thousand rupees", the words "with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months" shall be substituted; and

(b) for the words "which may extend to five thousand rupees", the words "of twenty thousand rupees" shall be substituted.

Omission of section 191 of Motor Vehicles Act

73. Section 191of the principal Act shall be omitted.

Amendment of section 192 of Motor Vehicles Act

74. In section 192 of the principal Act, the following Explanation shall be inserted, namely:- "Explanation.-Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).".

Amendment of section 192A of Motor Vehicles Act

75. In section 192A of the principal Act, in sub-section (1),- (i) after the words "for the first offence with", the words "imprisonment for a term which may extend to six months and" shall be inserted; (ii) for the words "which may extend to five thousand rupees but shall not be less than two thousand rupees", the words "of ten thousand rupees" shall be substituted; (iii) for the words "three months", the words "six months" shall be substituted; (iv) for the words "which may extend to ten thousand rupees but shall not be less than five thousand rupees", the words "of ten thousand rupees" shall be substituted.

Insertion of new section 192B. Offences relating to registration of Motor Vehicles Act

76. After section 192A of the principal Act, the following section shall be inserted, namely:- "192B. (1) Whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub-section (1) of section 41 shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher. (2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher. (3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher.

(4) Whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher.".

Amendment of section 193 of Motor Vehicles Act

77. In the principal Act,-

(A) in section 193, in the marginal heading, for the words "agents and canvassers", the words "agents, canvassers and aggregators" shall be substituted;

(B) section 193 shall be numbered as sub-section (1) thereof, and- (i) in sub-section (1) as so numbered,--

(a) for the words "which may extend to one thousand rupees", the words "of one thousand rupees" shall be substituted;

(b) for the words "which may extend to two thousand rupees", the words "of two thousand rupees" shall be substituted;

(ii) after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:-

"(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees.

(3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under sub-section (1) of section 93, not designated by the State Government as a material condition, shall be punishable with fine of five thousand rupees.".