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UTTAR PRADESH SARI<AR

VIDHAYIANUBHAG-1
-NO. 555/XVII-V-1-1

(KA) 3-1993

Dated Lucknow, April 3, 1993

NOTIFICATION
MISCELLANEOUS
The following President's Act enacted
published for general information :

on April 3, 1993 is

THE MOTOR VEHICLES (UTTAR PRADESH AMENDMENT)

ACT, 199?
(PRESIDENT'SACT NO. 5

OF

1993)

Enacted by the President in the Forty-fourth Year of the Republic of

India

AN
ACT
jtrs-fha. to c!rnesld t7w Motor Vehicl~sAcf, 1988 in its applicntiorz to
Uttar Pradesh,

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ST^ XTflT817.9 T~riz,3

&K,

199 3

----- 7
In exercise of the powers conferred by section 3 of the Uttar
Pradesh State Legislature (Delegation of Powers) Act, 1993, the
President is pleased to enact as follows :-

1 . (1) This Act may be called the Motor Vehicles (Uttar Pradesh
shon title, extent
and omm men cement. Amendment) Act, 1993.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall be deemed to have come into1 foPce on the 16th day oE
January, 1993.
Amendment

of
section 103 of Act
59 of 1988

2. In section 103 of the Motor Vehicles Act, 1988 (hereinafter

'eferred to as the principal Act), ajter sub-section (1) the following
sub-section shall be insertad, namely :-

" (I-A) It shall be lawful for a State transport undertaking t o

operate on any route as stage carriage, under any permit issued
therefor to such undertaking under sub-section (1) any vehicle
placed a t the disposal and under the control of such undertaking
by the owner of such vehicle under any arrangement entered into
between such owner and the undertaking for the use of the said
vehicle by the undertaking.".
Repeal and
saving

3.

(1) The Motor Vehicles (Uttar Pradesh

nance, 1993 is hereby repealed.

Amendment) Ordi- atdin

14 of

(2) Notwithstanding such repeal, anything done or any action taken

undey the provisions of the principal Act, as amended by the said
Ordinance shaIl be deemed to have been done or taken under the corres.
ponding provisioas of the principal Act, as amended by this Act.

SHANKER DAYAL SKARMA,

President.
33.

R. ATRE,

Joint Secretary to the Gout. of I d i a .

- ------

II

REASONS FOR THE ENACTMENT

The Motor Vehicles (Uttar Pradesh Amendment) Act, 1989 (Act 8

of 1989) was enacted to amend the Motor Vehicles Act, 1939 in its
application to Uttar Pradesh , to authorise the Uttar Pradesh State
Transport Undertaking to operate on any route as stage carriage, any
vehicle placed a t the disposal and under the domain and control of the
said Undertaking by the owner of suc1.1 vehicle under an agreement
entered into between such owner and the said Undertaking for the use
of such vehicle by the said Undertaking under a permit issued undzr
the 1939 Act. Consequent upon the repeal of the 1939 Act, by the Motor
1988) the aforesaid provisions under the 1939
Vehicles Act, 1988 (59
Act ceased to operate on and from July, 1989. The Undertaking has
been facing great: difficulties in providing adequate road transport services
because of the acute paucity of buses in its fleet.

1I
3

a
l
f

2 . In order to remove the said difficulties and to provide a d e y c ~ t e

road transport services on such routes the motor Vehicles Act, 198.5via5
amended for loell a-ppljcation in the State QI: Uttar Pradesh, throl-i~la_
the Motor Vehicles (TStSar Pradesh Amerldwezt l Or";:?sr ce. 1993 ( C ~ d f nance 24 of" !,993\ i57he~ithe Par3lamm"s.;f~~:mt in c;53~:03.

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---- - - -- ----3 . Parliament has, under article 357 (1) (a) of the Constitution,
confel.red on the President the power of the Legislature of the State of
Uttar Pradesh to make laws vide the Uttar Pradesh State Legislature
(Delegation of Powersy Act, 1993.
--------

--

It has, therefore, been decided that the

yeplaced by the Presidential enactment.

said Ordinance shall be

4. Under the proviso to sub-section (2) of section 3 of the Uttar

pridesh State Legislature (Delegation of Powers) Act, 1993, the
Pr5sident shall, before enacting any President's Act, co~nsralta Committee
constituted for the purpose consisting of the members of both the
Houses of Parliament. As the provisions of the afar-esaid Ordinance
will be expiring on 4th April, 1993, and it is necessary to mplace that
Ordinance by the President's Act before that date. The said Committee has not so for been constituted. It is not practicable to consult
the said Committee prior to the enactment of this Rill. The measure
i 3 accordingly, being enacted without reference to the said Committee.

S. P. BAGLA,
Secy. t o the Govt. of India,
Ministry of Surface Transport.
By olrder,
.N.K . NARANG,
Sachiv.