Repeal and savings

Section 217 of the Motor Vehicles Act deals with repeal and savings. 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any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.

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any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.

(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,- (a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation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any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been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(b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed;

(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act;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marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is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 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 (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 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 1897), with regard to the effect of repeals. 1[217A. 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 or licence or permit issued or granted under the said enactments may be renewed under this Act.] Inton 1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11-8-2000). [THE FIRST SCHEDULE] (See sections 116 and 119) TRAFFIC SIGNS Part A .- Mandatory Signs NO SPEED LIMIT SPEED 2 0 SIMIT Media Code DOST PRINTED IN 25 CM GROUND Notes-(1) The figure 20 is given merely as an example. The actual figures will be as prescribed in each case where this sign is used.

(2) The general design of the post is given for guidance.

(3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicle, the class or classes will be specified on the "definition plate". Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is or is to be imposed on vehicles of a certain class or classes, the general speed limit will be specified on the disc and the special speed limit together with the class or classes of vehicle to which it applies, will be specified on the "definition plate".

(4) The paints to be used on the traffic signs should be of reflecting kind. 1. The Schedule renumbered as the First Schedule thereofby Act 54 of 1994, s. 63 (w.e.f. 14-11-1994). NO : WEIGHT LINT CLOSED TO ARIO 200011 - 60 CM DIA - T 30 CM AXLES OVER METRIC TONS DI FINITION PLATE - -. 50 CM - IndiaCode NO. 3 TOTAL PROHIBITION ĐỘ. 0 DIRECTION SIGN APPON I CLOSED NO. 5 NO PARKING RED DISS 4OCH BIN NO PARKING WARTE BAND gsa laCode Note .- Sign NO.5 as here set forth may be amplified by instructions inscribed upon a definition plate placed below it as in the general arrangement set forth in sign No. 1 of this Part. Upon the definition plate may be set forth the times during which parking is prohibited. In like manner an arrow-head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road lying to the side of the sign to which the arrow-head points. 2 [NO ? USE OF SOUND SIGNALS PROBIMITED OVERTAKING PROHIBITED KED BORDER & BAND Cross and border-Red Background - White Device-Black. MAIN ROAD AHEAD DEAD APTO BORDER SLOW -60 CM DI Code WHITE BACKGROUND 55 Con RED BORDER AND BAND MAIN ROAD AHEAD 40 CM Part B .- Cautionary Signs The signs of this Part shall be used in conjunction with a red triangular plate, the centre of which shall be either bollow or painted white, in the manner indicated in the general design reproduced below. GENERAL DESIGN' 8CM RED BORDER "ICENTRE WHITE DE HOLLOW Code EXPLANATORY DEVICE DESTE WHITE ALL DEVICES WANTED BLACK. PAINTED IN 22CM BLACK & WHITE SANDS. GROUND LEVEL NO. 2 ZIG-ZAG (RIGHT) BUIEN ROAD N NO. 2 ZIG- ZAG (LEFT) NO. 3 CROSS ROADS India LEVEL CROSSING (GUARDE D) NO. 5 LEVEL CROSSING (UNGUARDED) NO. 6 LEFT TURN NO.0 WINT TURN r - RED BORDER. NO. 8 DEAD END CROSS ROAD T NO. 9 SIDE ROAD (RIGHT) NO. 8 SIDE ROAD (LEFT) FRED BOSDUY NO. 7 SCHOOL India NO.10 SPEED NELL FERRY WED BORDER NO. 12 HAIR FIN BEND (RIGHT) NO. 12 HAIR PIN BEND (LEFT) n Indiagi n - PED BOPOLLY NO. 13 NARROW BRIDGE MED DOPPER Part C .- Informatory Signs NO. 8" FLOOD GAUGE SIDE ELEVATION RED CENTRE 100 CM) 130 cm WHITE SIDES 1000N 50 cm RED . 30 cm ww .?! 1300FF ROAD JUNCTION APPROVED ROC RADOUND NAJAFGARH NEW DELHI BOW TAX NO. 4 A 3 END OF SPEED LINY aCode YELLOW NACHGROUND 60 CM DA). 60 CM 5Qui De 1[THE SECOND SCHEDULE (See Section 163 A) SCHEDULE FOR COMPENSATION FOR THIRD PART FATAL ACCIDENT/INJURY CASES CLAIMS 1. Fatal Accidents: Annual Income Rs. Rs. 3000 4200 Rs. 5400 Rs. 6600 Rs. 7800 Rs. 9000 Rs 10200 Rs. 11400 Rs. 12000 Rs. 18000 Rs. 24000 Rs 36000 Rs. 40000 AGE OF VICTIM MULTIPLIER RUPEES IN THOUSANDS compensation in case of death Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Up to 15 yrs. Above 15 yrs. but not exdg. 20 yrs. ..... 16 Above 20 yrs. but not exdg. 25 yrs. .... 17 Above 25 yrs. but not exdg. 30 yrs. Above 30 yrs. but not exdg. 35 yrs. Above 35 yrs. but not exdg. 40 yrs. ..... 16 Above 40 yrs. but not exdg. 45 yrs. ..... 15 Above 45 yrs. but not exdg. 50 yrs. ..... 13 Above 50 yrs. but not exdg. 55 yrs. ..... 11 Above 55 yrs. but not exdg. 60 yrs. Above 60 yrs. but not exdg. 65 yrs. Above 65 yrs. NOTE: The amount of compensation so arrived at in the case of fatal accident claims shall be reduced by 1 /3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. 2. Amount of compensation shall not be less than Rs. 50,000. 3. General Damages (in case of death): The following General Damages shall be payable in addition to compensations outlined above:

(i) Funeral expenses - Rs. 2,000/- (ii) Loss of Consortium, if beneficiary is the spouse -- Rs. 5,000/- (iii) Loss of Estate -- Rs. 2,500/- (iv) Medical Expenses-Actual expenses incurred before death supported by bills/vouchers but not exceeding 4. General Damages in case of Injuries and Disabilities:

(i) Pain and Sufferings (a) Grievous injuries -- Rs. 5,000/- (b) Non-grievous injuries - Rs. 1,000/- 1. Ins. by Act 54 of 1994, s. 64 (w.e.f. 14-11-1994). -- Rs. 15, 000/- (ii) Medical Expenses-Actual expenses incurred supported by bills/vouchers but not exceeding -Rs. 15,000/- as one time payment 5. Disability in non-fatal accidents: The following compensation shall be payable in case of disability to the victim arising out of non- fatal accidents: Loss of income, if any, for actual period of disablement not exceeding fifty-two weeks. PLUS either of the following: - (a) In case of permanent total disablement the amount payable shall be arrived at by multiplying the annual loss of income by the Multiplier applicable to the age on the date of determining the compensation, or (b) In case of permanent partial disablement such percentage of compensation which would have been payable in the case of permanent total disablement as specified under item (a) above. Injuries deemed to result in Permanent Total Disablement /Permanent Partial Disablement and percentage of loss of earning capacity shall be as per Schedule I under Workmen's Compensation Act, 1923. 6. Notional income for compensation to those who had no income prior to accident :- Fatal and disability in non-fatal accidents :- (a) Non-earning persons (b) Spouse In case of other injuries only "general damage" as applicable.] IndiaCode Rs. 15,000 p.a. -Rs. 1/3rd of income of the earning/surviving spouse.

Section 217, The Motor Vehicles Act (Act 59 of 1988).