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No.380-Pub.- The following Ordinance made by the President of the People's
Republic
of Bangladesh, on the 28th July, 1987, is hereby published for general
information:-
THE MOTOR
VEHICLES (AMEND-
MENT) ORDINANCE, 1987
Ordinance No. XII of 1987
An Ordinance made further to amend the Motor Vehicles Ordinance, 1983
Whereas it is expedient further to amend the Motor Vehicles Ordinance,
1983 (LV of 1983), for
carrying out the purposes hereinafter appearing;
And whereas Parliament is not in session and the President is satisfied
that circumstances exist
which render immediate action necessary;
Now, therefore, in exercise of the powers conferred by clause (1) of
article 93 of the Constitution
of the People's Republic of Bangladesh, the President is pleased to
make and promulgate the
following Ordinance:-
1. Short title.- This Ordinance may be called the Motor Vehicles (Amendment)
Ordinance,
1987.
2. Amendment of Ord. LV of 1983.- Unless otherwise provided for in this
Ordinance,
everywhere in the Motor Vehicles Ordinance, 1983 (LV of 1983), heretoafter
referred to as the
said Ordinance,-
(a) for the words "Transport Authority" and
"Transport Authorities" the words
"Transport Committee" and "Transport Committees",
respectively, shall be
substituted; and
(b) for the words "Regional Transport Authority"
the words "Transport Committee"
shall be substituted.
3. Amendment of section 2 of Ord. LV of 1983.- In section 2 of the said Ordinance,-
(a) after clause (a) the following new clause
(1a) shall be inserted, namely:-
"(1a) "Authority" means the Bangladesh Road
Transport Authority established under
section 2A;";
(b) for clause (18) the following clause shall
be substituted, namely:-
"(18) "Licensing Authority" means an officer
or authority prescribed by regulations
to grant licenses under this Ordinance.";
(c) in clause 37, for the word "rules" the
word "regulations" shall be substituted;
(d) for clause (47) the following clause shall
be substituted, namely:-
"(47) "registering authority" means an officer
or authority prescribed by regulations
to register motor vehicles under Chapter IV;".
4. Insertion of the Chapter IA of Ord. LV of 1983.- After Chapter I
of the said Ordinance
the following new ChapterIA shall be inserted, namely:-
CHAPTER IA
BANGLADESH ROAD
TRANSPORT
AUTHORITY
2A. Bangladesh Road Transport Authority.- (1) There shall be established
an authority to be
called the Bangladesh Road Transport Authority for carrying out the
purposes of this Ordinance.
(2) The Authority shall consist of a Chairman and such number of other
members, not exceeding
eight, as may be appointed by the Government from time to time.
(3) The Chairman shall be appointed by the Government from among persons
in the service of the
Republic not below the rank of Additional Secretary to the Government.
(4) The Chairman and other members shall hold office on such terms
and conditions as the
Government may determine.
(5) The Chairman shall be the Chief Executive Officer of the Authority.
(6) The Chairman shall be wholetime officer of the Authority and shall
exercise such powers and
perform such functions as may be prescribed by rules or as may be assigned
to him by the
Government.
(7) If a vacancy occurs in the office of the Chairman or if the Chairman
is unable to discharge the
functions of his office on account of absence, illness or any other
cause, the Government shall
make such arrangement for discharging the functions of the office of
the Chairman as it may
consider necessary.
2B. Meetings of the Authority.- (1) The meetings of the Authority shall
be held at such times
and places as may be prescribed by rules:
Provided that, until so prescribed, such meetings shall be held at
such times and places as may be
determined by the Chairman.
(2) To constitute a quorum at a meeting of the Authority, the number
of members present shall be
two, if the Authority consists of not more than three members, and
three, if the Authority consists
of more than three members.
(3) All meetings of the Authority shall be presided over by the Chairman
and, in his absence, by a
member authorised in writing by the Chairman in this behalf.
(4) At a meeting of the Authority, each member shall have one vote
and, in the event of equality
of votes, the person presiding shall have a second or casting vote.
(5) No act or proceeding of the Authority shall be invalid or be called
in question on the ground
of any vacancy in, or any defect in the constitution of the Authority.
2C. Appointment of officers.- (1) The Authority may, for the efficient
performance of its
functions, appoint such officers, including inspectors of Motor Vehicles
and other employees as it
considers necessary.
(2) The officers and other employees of the Authority shall be persons
in the service of the
Republic.
2D. Power to make rules.- The Government may make rules for the purposes
of carrying into
effect the provisions of this Chapter.
5. Amendment of section 3 of Ord. LV of 1983.- In section 3 (2) of the
said Ordinance, for
the word "Government" the word "Authority" shall be substituted.
6. Amendment of section 8 of Ord. LV of 1983.- In section 8 (2) of the
said Ordinance, for
the words "Government may by rules" the words "Authority may by regulations"
shall be
substituted.
7. Amendment of section 10 of Ord. LV of 1983.- In section 10 of the said Ordinance,-
(a) in sub-section (1), for the words "rules
made by the Government" the words
"regulations made by the Authority" shall
be substituted.
(b) in sub-section (3)-
(i) for the words
"Government may by rules" the words "Authority may
by regulations"
shall be substituted.
(ii) for the
words "said authority" the words "said Committee" shall be
substituted.
8. Amendment of section 22 of Ord. LV of 1983.- In section 22 of the said Ordinance,-
(a) in the sub-title, for the word "rule" the
word "regulation" shall be substituted.
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations" shall be
substituted.
(c) in sub-section (2),-
(i) for the words
"such rules" the words "such regulations" shall be
substituted.
(ii) in clause
(1), for the word "rule" the word "regulation" shall be
substituted.
9. Amendment of section 23 of Ord. LV of 1983.- In section 23 (2) of
the said Ordinance, for
the word "Government" the word "Authority" shall be substituted.
10. Amendment of section 25 of Ord. LV of 1983.- In section 25 (2) of
the said Ordinance,
for the word "rules" the word "regulations" shall be substituted.
11. Amendment of section 31 of Ord. LV of 1983.- In section 31 of the said Ordinance,-
(a) in the sub-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations";
(c) in sub-section (2), for the word "rules"
the word "regulations" shall be
substituted.
12. Amendment of section 37 of Ord. LV of 1983.- In section 37 of the said Ordinance,-
(a) after the words "Inspector of Motor Vehicles"
the words "or such other person
as the Authority may specify in this behalf;
and
(b) for the word "rules" the word "regulations"
shall be substituted,
13. Amendment of section 38 of Ord. LV of 1983.- In section 38 of the
said Ordinance, for
the word "rules" the word "regulations" shall be substituted.
14. Amendment of section 42 of Ord. LV of 1983.- In section 42 of the
said Ordinance, in
sub-section (5), for the word "Government" the word "Authority" shall
be substituted.
15. Amendment of section 43 of Ord. LV of 1983.- In section 43 of the
said Ordinance, in
sub-section (1) (a), for the word "rules" the word "regulations" shall
be substituted.
16. Amendment of section 44 of Ord. LV of 1983.- In section 44(3) of
the said Ordinance,
for the word "Government" the word "Authority" shall be substituted.
17. Amendment of section 46 of Ord. LV of 1983.- In section 46 of the
said Ordinance, in
sub-section (1) and (3), for the word "Government", three times mentioned,
the word "Authority"
shall be substituted.
18. Amendment of section 47 of Ord. LV of 1983.- In section 47 of the said Ordinance,-
(a) in sub-section (2),-
(i) for the word
"Government", twice mentioned, the word "Authority"
shall be substituted;
and
(ii) for the
word "rules" the word "regulations" shall be substituted; and
(b) in sub-section (4), for the word "rules"
the words "rules or regulations" shall be
substituted.
19. Amendment of section 50 of Ord. LV of 1983.- In section 50 of the said Ordinance,-
(a) in the sub-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations" shall be
substituted;
(c) in sub-section (2),-
(i) for the words
"such rules" the words "such regulations" shall be
substituted;
and
(ii) in clause
(m), for the word "rules" the word "regulations" shall be
substituted.
20. Amendment of section 51 of Ord. LV of 1983.- In section 51 of the said Ordinance,
(a) in sub-section (3), in clause (g) and (1),
for the word "Government" the word
"Authority" shall be substituted; and
(b) in sub-section (4), for the words "Government
by rule" the words "Authority by
regulations" shall be substituted.
21. Amendment of section 52 of Ord. LV of 1983.- In section 52 of the said Ordinance,-
(a) in sub-section (1), for the words "Transport
Authority concerned" the word
"Authority" shall be substituted; and
(b) in sub-section (3), for the words "Bangladesh
and Regional Transport Authority"
the word "Authority" shall be substituted.
22. Substitution of section 53 and 54 of Ord. LV of 1983.- For section
53 and 54 of the said
Ordinance the following two sections shall be substituted, namely:-
"53. Power of the Government to issue orders
and directions.- The
Government may issue such orders and directions
as it may consider necessary in
respect of any matter relating to road transport
or on any matter not provided in this
Ordinance to the Authority and the Authority
shall give effect to all such orders and
directions.
54. Transport Committee.- (1) The Authority
shall by notification in the official
Gazette, constitute Transport Committees to
exercise and discharge throughout such
areas, in this Chapter referred to as regions,
as may be specified in the notification,
in respect of each Transport Committee, the
powers and functions conferred by or
under this Chapter on such Committee:
Provided that the area specified as the region
of a Transport Committee shall in no
case be less than an entire district or the
whole of a metropolitain area.
(2) A Transport Committee shall consist of
such number of officials and non-officials
as the Authority may think fit to appoint,
but no person who has any financial
interest, whether as proprietor, employee
or otherwise, in any transport undertaking
shall be appointed as or continue as a member
of the Transport Committee, and if
any person being a member of any such committee
acquires a financial interest in
any transport undertaking, he shall, within
four weeks of acquisition of such interest,
give notice in writing to the Authority of
such acquisition and shall vacate office.
(3) A Transport Committee, if authorised in
this behalf by regulations made under
section 81, may delegate such of its powers
and functions to such authority or
person and subject to such restriction, limitations
and conditions as may be
prescribed by the said regulations.".
23. Amendment of section 55 of Ord. LV of 1983.- In section 545 (2)
of the said Ordinance,
the words "Bangladesh Transport" shall be omitted.
24. Amendment of section 57 of Ord. LV of 1983.- In section 57 (2) of the said Ordinance,-
(a) for the word "Government" the word "Authority"
shall be substituted; and
(b) for the words "made to Bangladesh Transport
Authority" the words "made to it"
shall be substituted.
25. Amendment of section 60 of Ord. LV of 1983.- In section 60 (3) of the said Ordinance,-
(a) for the word "rules" the word "regulations"
shall be substituted; and
(b) in clause (xx), for the word "Government"
the word "Authority" shall be
substituted.
26. Amendment of section 75 of Ord. LV of 1983.- In section 75 of the said Ordinance,-
(a) in sub-section (2), the words "Bangladesh
Transport" shall be omitted;
(b) in sub-section (6),-
(i) for the word
"rules" the word "regulations" shall be substituted; and
(ii) the words
"Bangladesh Transport" shall be omitted.
27. Amendment of section 76 of Ord. LV of 1983.- In section 76 of the said Ordinance,-
(a) in sub-section (1), for clause (j) the
following clause shall be substituted,
namely:-
"(j) aggrieved by any other order which may
be prescribed may appeal to such
authority within such time and in such manner
as may be prescribed by rules made
by the Government, and such authority shall,
before disposing of such appeal, give
such person and the original authority an
opportunity of being heard.". and
(b) for sub-section (2) the following sub-section
shall be substituted, namely:-
"(2) The authority prescribed under sub-section
(1) for the purpose of hearing
appeals may, either on its own motion or on
application made to it call for the
record of any case in which an order has been
made by the Authority or a
Committee, as the case may be, and may pass
such order in relation to the case as it
deems fit:
Provided that the authority prescribed under
sub-section (1) shall not pass an order
under this section prejudicial to any person
without giving him a reasonable
opportunity of being heard.".
28. Omission of section 77 of Ord. LV of 1983.- Section 77 of the said
Ordinance shall be
omitted.
29. Amendment of section 79 of Ord. LV of 1983.- In section 79 of the
said Ordinance, the
words "by the Government", twice mentioned, shall be omitted.
30. Amendment of section 80 of Ord. LV of 1983.- In section 80 of the said Ordinance,-
(a) in the sub-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations" shall be
substituted; and
(c) in sub-section (2), for the word "rules"
the word "regulations" shall be
substituted.
31. Amendment of section 81 of Ord. LV of 1983.- In section 81 of the said Ordinance,-
(a) in the short-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations" shall be
substituted;
(c) in sub-section (2),-
(i) for the word
"rules" the word "regulations" shall be substituted;
(ii) in clause
(a), for the words "Regional and Bangladesh Transport
Authorities"
the words "Transport Committees" shall be substituted;
(iii) in clause
(b), for the word "Authority" the word "Committee" shall
be substituted.
32. Amendment of section 84 of Ord. LV of 1983.- In section 84 (2) of
the said Ordinance, in
clause (r), for the word "prescribed" the words "prescribed by rules"
shall be substituted.
33. Amendment of section 86 of Ord. LV of 1983.- In section 86 of the
said Ordinance, for
the words "Bangladesh or Regional Transport Authorities" the words
"Transport Committees"
shall be substituted.
34. Amendment of section 106 of Ord. LV of 1983.- In section 106 (2)
of the said
Ordinance, in clause (k), for the word "prescribed" the words "prescribed
by rules" shall be
substituted.
35. Amendment of section 107 of Ord. LV of 1983.- In section 107 of
the said Ordinance, in
sub-section (3), for the words "rule made thereunder by the Government"
the words "rules or
regulations made thereunder" shall be substituted.
36. Amendment of section 110 of Ord. LV of 1983.- In section 110 of
the said Ordinance, in
sub-section (3), for the word "Government" the word "Authority" shall
be substituted.
37. Amendment of section 122 of Ord. LV of 1983.- In section 122 of
the said Ordinance, for
the words "as the Government may prescribe" the words "as may be prescribed"
shall be
substituted.
38. Amendment of section 123 of Ord. LV of 1983.- In section 123 of
the said Ordinance, in
sub-section (1) and (4), for the word "Government" the word "Authority"
shall be substituted.
39. Amendment of section 124 of Ord. LV of 1983.- In section 124 of
the said Ordinance, for
the words "Government may make rules" the words "Authority may make
regulations" shall be
substituted.
40. Amendment of section 125 of Ord. LV of 1983.- In section 125 of
the said Ordinance, in
sub-section (1),-
(a) for the word "Government", at its first
occurrence, the word "Authority" shall be
substituted;
(b) for the words, comma, numbers and brackets
"Co-operative Societies Act,
1940 (Bengal Act XXI of 1940)" the words,
comma, numbers and brackets
"Co-operative Societies Ordinance, 1985 (I
of 1985)" shall be substituted;
(c) in clause (a), for the word "prescribe"
the words "prescribe by rules" shall be
substituted.
41. Amendment of section 131 of Ord. LV of 1983.- In section 131 of
the said Ordinance, in
sub-section (1) and (4), for the word "rules" the word "regulations"
shall be substituted.
42. Amendment of section 136 of Ord. LV of 1983.- In section 136 of the said Ordinance,-
(a) in the short-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1), for the words "Government
may make rules" the words
"Authority may make regulations" shall be
substituted;
(c) in sub-section (2),-
(i) for the word
"rules" the word "regulations" shall be substituted; and
(ii) clause
(h) shall be omitted.
43. Amendment of section 137, 139 and 141 of Ord. LV of 1983.- In the
sections 137, 139
and 141 of the said Ordinance, for the word "rules", wherever it occurs,
the words "rules or
regulations" shall be substituted.
44. Amendment of section 150 of Ord. LV of 1983.- In section 150 (2)
of the said
Ordinance, for the words and comma "Government or the Director, Road
Transport
Maintenance or any Inspector of Motor Vehicles or other persons authorised
in this behalf by the
Government" the words "Authority or any Inspector of Motor Vehicles
or other persons
authorised in this behalf by the Authority" shall be substituted.
45. Amendment of section 153 of Ord. LV of 1983.- In section 153 of
the said Ordinance, for
the word "rule" the word "regulations" shall be substituted.
46. Amendment of section 159, 161, 162, 163 and 164 of Ord. LV of 1983.-
In the sections
159, 161, 162, 163 and 164 of the said Ordinance, for the word "Government",
wherever it
occurs, the word "Authority" shall be substituted.
47. Amendment of section 166 of Ord. LV of 1983.- In section 166 of
the said Ordinance,
the words "Bangladesh Transport", twice occurring, shall be omitted.
48. Amendment of section 169 of Ord. LV of 1983.- In section 169 of
the said Ordinance, for
the word "rule" the words "rules or regulations" shall be substituted.
49. Amendment of section 171 of Ord. LV of 1983.- In section 171 of the said Ordinance,-
(a) for the words "rule which the Government"
the words "regulation which the
Authority" shall be substituted;
(b) for the word "rule" the word "regulation"
shall be substituted.
50. Amendment of section 172 of Ord. LV of 1983.- In section 172 of the said Ordinance,-
(a) in the short-title, for the word "rule"
the word "regulation" shall be substituted;
(b) for the words "Government may make rules"
the words "Authority may make
regulations" shall be substituted.
51. Amendment of section 173 of Ord. LV of 1983.- In section 173 of the said Ordinance,-
(a) in the short-title, for the word "rules"
the word "regulations" shall be substituted;
(b) in sub-section (1) and (2), for the word
"rules", wherever it occurs, the words
"rules or regulations" shall be substituted;
and
(c) after sub-section (2) the following new
sub-section shall be inserted, namely:-
"(3) All regulations under this Ordinance
shall be made with the previous approval of
the Government."
52. Substitution of section 174 of Ord. LV of 1983.- For section 174
of the said Ordinance
the following section shall be substituted, namely:-
"174. Officers to exercise powers of police
officers.- The Government may, by
rules,-
(a) authorise
any officer of the Authority to exercise the powers
exercisable
by a police officer under this Ordinance;
(b) prescribe
conditions under which such powers shall be exercised;
(c) prescribe
the uniform to be worn by such officers while exercising
such powers."
53. Abolishment of the Directorate of Road Transport Maintenance.- Immediately
after
the establishment of the Authority,-
(a) the Directorate of Road Transport Maintenance,
heretoafter referred to as the
said Directorate, shall be abolished;
(b) all officers and employees of the said
Directorate shall be transferred to the
Authority and shall be employed with the Authority
under the same terms and
conditions as they had been employed under
immediately before so being
transferred;
(c) all assets and liabilities of the Directorate,
including movable/immovable
property, shall be assets and liabilities
of the Authority.
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