UNITED INDIA INSURANCE CO. Vs. MAHILA RAMSHREE

JUDGEMENT

(1.) THIS matter has been placed before us pursuant to the orders passed by Hon'ble Chief Justice to consider the question: "Whether a separate Notification even after Notification No. S.0.368 (E) dated 22.5.1989, was required to be issued or a separate date for State of Madhya Pradesh was required to be notified for the applicability of the Act to the State of Madhya Pradesh in view of Section 3 of the Act". (There appears to be a typographical error. It should be Section 1(3) of the Act.) Sub-section (3) of Section 1 of Motor Vehicles Act, 1988 is relevant and is quoted below:

(2.) THE Central Government issued a notification in exercise of powers conferred under Sub-section (3) of Section 1 of the Motor Vehicles Act, 1983 and appointed 1st of July 1989 as the date on which the Act shall come into force. The relevant notification published in the Gazette of India Extra-ordinary, Part H, Section 3(ii) dated 22.5.1989, is quoted below:

(3.) IT is pertinent to note that the State of Madhya Pradesh framed the Madhya Pradesh Motor Vehicles Rules, 1994. These Rules have been published in M.P. Rajpatra (Asadharan) dated 6.8.1994 at pages 728 (163)-(376). These Rules have been framed by the State of Madhya Pradesh in exercise of the powers conferred Under Sections 28, 38, 65, 95, 96, 107, 111, 138, 159, 176, 211 and 213 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988). The same have been duly published as required under Sub-section (1) of Section 212 of the said Act.