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1409070/2020/MVL Section
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39
(ii) sounds the horn in an area with a traffic sign prohibiting the use
of a horn, or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust
gases are released other than through the silencer,
shall be punishable with a fine of one thousand rupees and for a second or subsequent
offence with a fine of two thousand rupees.”.
80. Section 195 of the principal Act shall be omitted. Omission of
section 195.
81. In section 196 of the principal Act,— Amendment
of section
(i) after the words “shall be punishable”, the words “for the first offence” shall 196.
be inserted;
(ii) for the words “which may extend to one thousand rupees”, the words “of
two thousand rupees,” shall be substituted; and
(iii) after the words "with both", the words ", and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to three months, or with
fine of four thousand rupees, or with both." shall be inserted.
82. In section 197 of the principal Act,— Amendment
of section
(i) in sub-section (1), for the words “which may extend to five hundred rupees”, 197.
the words “of five thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted.
83. In section 198 of the principal Act, for the words “with fine which may extend to Amendment
of section
one hundred rupees”, the words “with fine of one thousand rupees” shall be substituted.
198.
84. After section 198 of the principal act, the following section shall be inserted, Insertion of
new section
namely:—
198A
'198A. (1) Any designated authority, contractor, consultant or concessionaire Failure to
responsible for the design or construction or maintenance of the safety standards of comply with
standards for
the road shall follow such design, construction and maintenance standards, as may be road design,
prescribed by the Central Government from time to time. construction
and
(2) Where failure on the part of the designated authority, contractor, consultant maintenance.
or concessionaire responsible under sub-section (1) to comply with standards for
road design, construction and maintenance, results in death or disability, such authority
or contractor or concessionaire shall be punishable with a fine which may extend
to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B.
(3) For the purposes of sub-section (2), the court shall in particular have regard
to the following matters, namely:—
(a) the characteristics of the road, and the nature and type of traffic which
was reasonably expected to use it as per the design of road;
(b) the standard of maintenance norms applicable for a road of that character
and use by such traffic;