Bills were introduced in Lok Sabha on 15th December, 2014, The National Capital Territory of Delhi Laws (Special Provisions) second (Amendment) Act, 2014, The Motor Vehicles (Amendment) Act, 2014.

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EXTRAORDINARY भाग II — खण्ड 2 PART II — Section 2 प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं॰ 42] नई दिल्ली, सोमवार, दिसम्बर 15, 2014/ अग्रहायण 24, 1936 (शक) No. 42] NEW DELHI, MONDAY, DECEMBER 15, 2014/AGRAHAYANA 24, 1936 (SAKA)

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOK SABHA

————

The following Bills were introduced in Lok Sabha on 15th December, 2014:—

BILL NO. 187 OF 2014

A Bill to amend the National Capital Territory of Delhi Laws (Special Provisions)

Second Act, 2011.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

Short title.

1. This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) second (Amendment) Act, 2014.

Amendment of long title.

20 of 2011.

2. In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters "for a further period up to the 31st day of December, 2014", the words, figures and letters "for a further period up to the 31st day of December, 2017" shall be substituted.

Amendment of Preamble.

3. In the principal Act, in the last paragraph of the Preamble, for the words, figures and letters "for a period up to the 31st day of December, 2014", the words, figures and letters "for a period up to the 31st day of December, 2017" shall be substituted.

Amendment of section 1.

4. In the principal Act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "It shall cease to have effect on the 31st day of December, 2014", the words, figures and letters "It shall cease to have effect on the 31st day of December, 2017" shall be substituted.

5. In the principal Act, in section 3, ––

Amendment of section 3.

(a) in sub-section (3), for the words, figures and letters "till the 31st day of December, 2014", the words, figures and letters "till the 31st day of December, 2017" shall be substituted;

(b) in sub-section (4), for the words, figures and letters "at any time before the 31st day of December, 2014", the words, figures and letters "at any time before the 31st day of December, 2017" shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The phenomenal growth of Delhi had its inevitable implications and impact in terms of shelter, including squatter settlements, and other infrastructure facilities. This has led to problems of encroachment on public land, growth of slums, unauthorised constructions, large scale commercialisation of residential areas and inadequacy of housing.

2. Further when Master Plan for Delhi-2021(MPD-2021) was being prepared, in order to protect certain forms of unauthorised developments from punitive action, the Delhi Laws (Special Provisions) Act, 2006 was enacted on 19th May, 2006 which was effective for a period of one year. This was followed by similar Acts which were also effective for one year each. However, the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 was effective for a period of three years and is expiring on the 31st December, 2014.

3. As per the provisions of the said Act of 2011, orderly arrangements had to be made for relocation or rehabilitation of slum dwellers and Jhuggi-Jhompri clusters; regulation of street vendors; regularisation of unauthorised colonies, village abadi areas and their extensions and existing farm houses; regularisation of schools, dispensaries, religious and cultural institutions, storages, warehouses and godowns built on agricultural land; redevelopment of existing godown clusters and building regulations for Special Areas.

4. While progress has been made in evolving the policies, norms and strategies towards implementation of the Act, more time is needed to bring in orderly arrangements keeping in view the current ground realities in the National Capital Territory of Delhi. Further the norms, policies and guidelines for unauthorised developments, including complexities in regularising unauthorised colonies, may also need to be appropriately modified to bring them in conformity with revised MPD-2021. The review of MPD-2021 is likely to be completed in early 2015.

5. The objective of the extension of time is not only to protect certain forms of unauthorised developments from punitive action in the National Capital Territory of Delhi but also to provide for opportunity to the Government agencies to finalise the norms, policy guidelines and feasible strategies as well as the orderly implementation of the plan in this regard.

6. In view of above, it is necessary to extend the provisions of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) for a period of three years from 1st January, 2015 to 31st December, 2017.

M. VENKAIAH NAIDU.

NEW DELHI;

The 12th December, 2014.

BILL NO. 189 OF 2014

A Bill further to amend the Motor Vehicles Act, 1988.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as

follows:—

Short title.

1. This Act may be called the Motor Vehicles (Amendment) Act, 2014.

59 of 1988.

2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act),

after section 2, the following section shall be inserted, namely:—

Insertion of new section 2A.

E-cart and e-rickshaw.

"2A. (1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw.

(2) For the purposes of this section, "e-cart or e-rickshaw" means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.".

3. In the principal Act, in section 7, in sub-section (1), the following proviso shall

Amendment of section 7.

be inserted, namely:—

"Provided that nothing contained in this sub-section shall apply to an

e-cart or e-rickshaw.".

4. In the principal Act, in section 9, after sub-section (9), the following sub-section Amendment of section 9.

shall be inserted, namely:—

"(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.".

5. In the principal Act, in section 27,—

Amendment of section 27.

(i) clause (a) shall be renumbered as clause (aa) thereof and before clause (aa)

as so renumbered, the following clause shall be inserted, namely:—

"(a) specifications relating to e-cart and e-rickshaw under sub-section (2)

of section 2A;".

(ii) after clause (f), the following clause shall be inserted, namely:—

"(ff) the manner and the conditions subject to which the driving licence

may be issued under sub-section (10) of section 9;".

STATEMENT OF OBJECTS AND REASONS

Under the Motor Vehicles Act, 1988 (the MV Act), no person can be granted a learner's licence to drive a transport vehicle unless he has held the driving licence for a period of at least one year. E-rickshaws and E-carts are being defined to have three wheels and limited power up to 4000 watts. Further, the specification for speed and dimension can be regulated through the rules which can be made under the MV Act. These vehicles may be allowed to be driven by drivers who have been found eligible to drive E-rickshaws and E-carts through tests.

2. As most of the E-rickshaws and E-carts drivers do not have any licence, the extant provision will debar them from operating E-rickshaws or E-carts for a year. In order to remove this difficulty and facilitate plying of E-rickshaws and E-carts, the Central Government proposes to amend sub-section (1) of section 7 of the Motor Vehicles Act, 1988 which will give relaxation to E-rickshaw and E-cart drivers only. In addition, the definition of E-rickshaw and E-cart is also proposed to be included under the said Act.

3. Accordingly, a proviso is proposed to be included in sub-section (1) of section 7 for relaxation for granting learner's licenses for E-carts and E-rickshaws. The proposal will relax the conditions for issue of learner's licence for driving transport vehicle with three wheels and with net power not more than 4000 watts.

4. Sub-section (1) of section 2A is proposed to be inserted after section 2 of the MV Act. This aims to bring the E-cart and E-rickshaw under the ambit of the MV Act. It will provide employment to innumerable people who have upgraded from the manually pulled rickshaws to the electric powered three-wheeled vehicles.

5. It is also proposed to insert sub-section (10) in section 9 of MV Act, prescribing the manner in which, and conditions subject to which, driving licences to drive E-rickshaws or E-cart shall be issued.

6. The Bill seeks to achieve the above objects.

NEW DELHI; NITIN JAIRAM GADKARI.

The 12th December, 2014.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill empowers the Central Government to make rules in respect of specifications relating to the manufacture, construction, adaptation, equipment and maintenance of the E-carts and E-rickshaws.

2. Clause 4 of the Bill empowers the Central Government to make rules providing for the manner in which, and conditions subject to which, driving licence to drive-carts and e-rickshaws to be issued.

3. The matters in respect of which the rules may be made pertain to matters of procedure and administrative details for which it is not practicable to make any provision in the Bill itself. The delegation of legislative power is, therefore, of a normal character.

————

ANOOP MISHRA,

Secretary-General.

PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.

GMGIPMRND—3689GI(S-3)—22.12.2014.