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MVA 1988 (Amended 2019)ORIGINALChapter X

Section 212-217

Restriction on Use of Vehicles at Accidents; Power of Central Government; Protection of Action Taken in Good Faith; Application of Act to Government Vehicles; Repeal and Saving

Miscellaneous
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION

Legal Text

Section 212: No State Government shall permit or cause or allow to be used any motor vehicle which does not comply with the requirements of this Act in an accident area. Section 213: The Central Government may, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Act. Section 215: No suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Government for anything which is in good faith done or intended to be done in pursuance of this Act. Section 216: The provisions of this Act shall apply also to vehicles belonging to or in the possession of the Central Government or a State Government. Section 217: The Motor Vehicles Act, 1939, is hereby repealed.

Simplified Explanation

Sections 212–217 are the concluding miscellaneous provisions of the MVA. Section 212 prevents government agencies from using non-compliant vehicles in accident-affected areas — ensuring that emergency and disaster response vehicles also meet safety standards. Section 213 consolidates the Central Government's rule-making power for implementing the entire Act. Section 215 provides the standard good-faith protection for government officers acting under the Act — protecting individual officers from personal liability for bona fide enforcement actions while preserving judicial review of authority. Section 216 is particularly important: the MVA applies to government vehicles — police vehicles, army trucks, state road transport corporation buses, and all government fleet vehicles must comply with registration, insurance, fitness, and permit requirements. This prevents a two-tier system where government vehicles escape the safety and accountability framework. Section 217 formally repealed the Motor Vehicles Act 1939 — the legislation that governed Indian road transport for 49 years from independence until the 1988 Act came into force. The saving provisions preserve the validity of licences, registrations, and permits issued under the 1939 Act.

Historical Context

Section 216's application of the MVA to government vehicles was a significant policy statement — it prevents the culture of government vehicles flouting traffic rules that is visible in many countries where sovereign immunity shields state-owned vehicles from normal regulatory requirements.

Critical Changes

Government vehicles fully subject to MVA requirements — including police vehicles, army vehicles, government buses.

2019 Amendment extended good faith protection to new enforcement categories.

Practical Scenarios

"A government bus (KSRTC) involved in an accident — fully subject to insurance and MACT compensation requirements under Section 216."
"A police vehicle operating without valid insurance — Section 216 makes this an MVA violation."

Common Queries

Yes — Section 216 explicitly applies the MVA to all vehicles belonging to or in possession of the Central Government or State Governments, including police vehicles, army vehicles, and government department fleets.
Section 215 protects officers acting in good faith. However, it is not an absolute immunity — officers acting maliciously, corruptly, or completely outside their authority do not have good faith protection. Judicial review of administrative decisions remains available.