Notification, 2019

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

5704 DG/2019 (1)

GOVERNMENT OF INDIA

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 303] DELHI, FRIDAY, NOVEMBER 1, 2019/KARTIKA 10, 1941 [N.C.T.D. No. 277

GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI

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TRANSPORT DEPARTMENT

NOTIFICATION

Delhi, the 1st November, 2019

No. F. 23(1549)/CAP/TPT/PCD/2019/ 1579/78617.—Whereas the National Capital Territory in Delhi has more than eleven million registered vehicles and the vehicular pollution has become a major source of air pollution in Delhi;

Whereas, Hon'ble Supreme Court of India, Hon'ble High Court of Delhi and Hon'ble National Green Tribunal have passed various directions from time to time to take immediate action to control the alarming level of vehicular pollution in Delhi and all out efforts are being made to give effect to the directions of the Hon'ble Courts.

Therefore, in exercise of the powers conferred by section 115 read with clause (41) of section 2 of the Motor Vehicles Act, 1988, (59 of 1988), the Lieutenant Governor of the National Capital Territory of Delhi, on being satisfied that further steps are required to control vehicular pollution caused by non-transport four wheeled vehicles (motor cars etc.), hereby orders in the interest of public safety, that the following prohibitory / restrictive measures shall be in force in the area of the National Capital Territory of Delhi, namely :—

(i) The plying of non-transport four wheeled vehicles (Motor Cars etc.) having registration number ending with odd digit (1, 3, 5, 7, 9) shall be prohibited on 4th, 6th, 8th, 12th and 14th November, 2019 and plying of the non-transport four wheeled Vehicles having registration number ending with even digit (0, 2, 4, 6, 8) shall be prohibited on 05 th th th th th and 15 th November, 2019.

4 DELHI GAZETTE : EXTRAORDINARY PART IV]

(ii) These restrictions shall also apply to the non-transport four wheeled vehicles bearing registration number of other states.

(iii) These restrictions shall be applicable from 8 AM to 8 PM of such dates.

(iv) These restrictions shall not be applicable on Sunday.

(v) These restrictions shall not apply to the vehicles of such categories as mentioned in the Schedule annexed to this notification.

(vi) Violation of this notification shall attract fine in accordance with the provisions of sub-section (1) of section 194 of the Motor Vehicles Act, 1988.

Further, in exercise of the powers conferred by sub-section (1) of section 200 and under sub-section (1) of section 213 of the Motor Vehicles Act, 1988 (59 of 1988), read with rule 123 of the Delhi Motors Vehicles Rules, 1993, the Lieutenant Governor of the National Capital Territory of Delhi is pleased to authorize the following officers to compound the aforementioned offence with the amount of Rs. 4,000/-, namely :—

(a) Officers of the rank of Head Constable and above of Delhi Police.

(b) Officers of the rank of Head Constable and above of the Transport Department, Government of the National Capital Territory of Delhi.

(c) All Sub Divisional Magistrates and Tehsildars of the Revenue Department, Government of the National Capital Territory of Delhi.

(d) Assistant Traffic Inspector (ATI) and above of the Delhi Transport Corporation. The aforementioned officers at point (c) and (d) above, are also authorised to exercise the powers under clause (e) of sub-section 5 of section 213 of the said Act, to launch prosecution under section 194 of the said Act, 1988 for the offences committed in violation of this notification and they will be deemed to be officers of Transport Department, GNCTD under sub-section (1) of section 213 of the said Act, read with rule 123 of the Delhi Motor Vehicles Rules, 1993 for these purposes.

The amount compounded by the authorised officers/authorities shall be deposited in the "Major Head 0041, taxes on vehicles, 101-MV (Fee & Fine)", of the Transport Department, Government of the National Capital Territory of Delhi.

The above notification shall come into force with effect from 4 th November, 2019 and will remain in force till 15 th November, 2019.

SCHEDULE

(i) Vehicles of the President of India;

(ii) Vehicles of the Vice President of India;

(iii) Vehicles of the Prime Minister of India;

(iv) Vehicles of Governors of States;

(v) Vehicles of Chief Justice of India;

(vi) Vehicle of the Speaker of Lok Sabha;

(vii) Vehicles of the Ministers of the Union;

(viii) Vehicles of the Leaders of Opposition in the Rajya Sabha and Lok Sabha;

(ix) Vehicles of the Judges of Supreme Court of India;

(x) Vehicle of Lieutenant Governor of National Capital Territory of Delhi;

(xi) Vehicles of Chief Ministers of States / Union Territories/ Lieutenant Governor of other Union Territories except Chief Minister, Government of National Capital Territory of Delhi;

(xii) Vehicles of the Chairperson and Members of Lokpal;

(xiii) Vehicle of Chairperson, Union Public Service Commission, Vehicles of Chief Election Commissioner / Election Commissioners and Vehicle of Comptroller and Auditor General of India;

(xiv) Vehicle of the Deputy Chairman of Rajya Sabha ;

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(xv) Vehicle of the Deputy Speaker of Lok Sabha;

(xvi) Vehicles of the Chief Justice and Judges of Delhi High Court;

(xvii) Vehicles of the Chairperson and Members of National Green Tribunal;

(xviii) Vehicle of the Lokayukta;

(xix) Emergency Vehicles i.e. Ambulance, Fire Brigade, Hospital, Prison, Hearse vehicles;

(xx) Enforcement vehicles i.e. vehicles of Police, vehicles of Transport Department of GNCTD, vehicles of para military forces etc. and vehicles authorised by the Divisional Commissioner of GNCTD;

(xxi) Vehicles bearing Ministry of Defence number plates;

(xxii) Vehicles which are having a pilot / escort;

(xxiii) Vehicles of SPG protectees;

(xxiv) Diplomatic vehicles bearing CD numbers and UN numbers and vehicles of the diplomatic entity TAIPEI Economic and Cultural Centre (TECC);

(xxv) Vehicles being used for medical emergencies – (will be trust based);

(xxvi) Women only vehicles - including children of age upto 12 years travelling with them;

(xxvii) Vehicles driven/occupied by handicapped persons;

(xxviii) Vehicle of State Election Commissioner, Delhi & Chandigarh.

(xxix) Vehicles exclusively carrying child / children in school uniform in addition to driver. By Order and in the Name of the Lieutenant Governor of the National Capital Territory of Delhi, RAJEEV VERMA, Principal Secy.-cum-Commissioner (Transport) and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Motor Vehicles Act, 1988