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1409070/2020/MVL Section

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(ii) in sub-section (3), after the words, brackets and figure “provided by
sub-section (1)”, the words, brackets, figure and letter “or sub-section (1A)” shall be
inserted.
43. In section 117 of the principal Act, the following provisos shall be inserted, namely:— Amendment
of section
“Provided that the State Government or the authorised authority shall, give 117.
primacy to the safety of road users and the free flow of traffic in determining such
places:
Provided further that for the purpose of this section the National Highways
Authority of India, constituted under the National Highways Authority of India Act,
68 of 1988. 1988 or any other agency authorised by the Central Government, may also determine
such places.”.
44. For section 129 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section
for section
129.

‘129. Every person, above four years of age, driving or riding or being carried on Wearing of
a motorcycle of any class or description shall, while in a public place, wear protective protective
headgear.
headgear conforming to such standards as may be prescribed by the Central
Government:
Provided that the provisions of this section shall not apply to a person who is a
Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a
turban:
Provided further that the Central Government may by rules provide for measures
for the safety of children below four years of age riding or being carried on a motorcycle.
Explanation.— “Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be
expected to afford to the person driving or riding on a motorcycle a degree of
protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or
other fastenings provided on the headgear.’.
45. After section 134 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
134A.

“134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for Protection of
any injury to or death of the victim of an accident involving a motor vehicle, where Good
Samaritans.
such injury or death resulted from the Good Samaritan’s negligence in acting or failing
to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan, disclosure of personal information
of the Good Samaritan and such other related matters.
Explanation.—For the purposes of this section, “Good Samaritan” means a
person, who in good faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at the
scene of an accident to the victim or transports such victim to the hospital.".
46. In section 135 of the principal Act,— Amendment
of section
(i) in sub-section (1),— 135.

(a) in clause (c), the word “and” shall be omitted;