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:—

1. This Act may be called the National Capital Territory of Delhi Laws (Special

Provisions) second (Amendment) Act, 2014.

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.

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.

Short title.

20 of 2011.

Amendment

of long title.

Amendment

of Preamble.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—14

REGISTERED NO. DL—(N)04/0007/2003—14

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

izkf/kdkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lañ 42]

ubZ fnYyh] lkseokj] fnlEcj 15] 2014@ vxzgk;.k 24] 1936 ¼'kd½

No. 42] NEW DELHI, MONDAY, DECEMBER 15, 2014/AGRAHAYANA 24, 1936 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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, ––

(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.

Amendment

of section 1.

Amendment

of section 3.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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:—

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

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

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

“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

be inserted, namely:—

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

e-cart or e-rickshaw.”.

Short title.

Amendment

of section 7.

Insertion of

new section

2A.

E-cart and

e-rickshaw.

59 of 1988.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

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,—

(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;”.

Amendment

of section 9.

Amendment

of section 27.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

GMGIPMRND—3689GI(S-3)—22.12.2014.

PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.