Section217

The Motor Vehicles Act, 1988

Repeal and savings

Q: When did Section 217 of the Motor Vehicles Act come into force?

Section 217 of the Motor Vehicles Act, cited as MV Act 217, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

In force From 01 Jul 1989 Act 59 of 1988 As on 15 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989

Section 217 of the Motor Vehicles Act, 1988 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any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed. The Act came into force on 01 Jul 1989.

(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any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,--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any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been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(b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed;
(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act;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marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is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.
Section 217, The Motor Vehicles Act, 1988 (Act 59 of 1988).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

State of Punjab vs Bhajan Kaur

Supreme Court of India 08 May 2008 Binding (Supreme Court) Reportable

Court's Decision & Legal Precedent

A statute is presumed to be prospective unless held to be retrospective, either expressly or by necessary implication. Where a right is created by an enactment, in the absence of a clear provision in the statute, it is not to be applied retrospectively. The statutory liability created under Section 92-A of the Motor Vehicles Act 1939 (providing Rs. 15,000 no-fault liability) was the right applicable when the cause of action arose for an accident occurring in 1983. The Motor Vehicles Act 1988, which came into force on 1 July 1989 and increased no-fault liability to Rs. 25,000 (and later to Rs. 50,000 in 1994), does not have retrospective effect as it contains no express or necessary implication of retrospective application. Rights and liabilities of parties are determined by the law in force when the cause of action arose, not by later legislation. Section 6 of the General Clauses Act 1897 saves existing rights under the repealed statute but does not create new rights, and therefore applies to protect the claimant's right to the Rs. 15,000 compensation under the 1939 Act rather than extending the enhanced compensation of the 1988 Act.

On this section: Repeal and saving clause; Court held it does not expressly or impliedly make relevant provisions retrospective

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 217

What have the courts held on Section 217 of the Motor Vehicles Act?

State of Punjab vs Bhajan Kaur (08 May 2008) is the leading judgment on this section among those set out below: Repeal and saving clause; Court held it does not expressly or impliedly make relevant provisions retrospective.

How do I find court cases under Section 217 of the Motor Vehicles Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 217, section 217 MV Act, section 217 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Punjab vs Bhajan Kaur (08 May 2008).

What should I read with Section 217 of the Motor Vehicles Act, and has it changed?

Its own text turns on General Clauses Act 6 (Effect of repeal), section 41 (Registration, how to be made), section 100 (Objection to the proposal), so none of them can safely be read on its own.

When did Section 217 of the Motor Vehicles Act come into force?

Section 217 of the Motor Vehicles Act, cited as MV Act 217, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.