No: 310/IX/1 95/2008 Dated: Dec, 30 2008

Uttarakhand Road Transport Accident Relief Fund Rules, 2008

    No. 310/IX/1 95/2008. - In exercise of the powers, conferred by section 8 read with clause (k) of sub-section (2) of section 28 of the Uttarakhand Motor Vehicles Taxation Reforms Act, 2003 (Uttaranchal Act No 12 of 2003), the Governor is pleased to make the following rules:-

1. Short Title and Commencement. - (i) These Rules may be called the Uttarakhand Road Transport Accident Relief Fund Rules, 2008.

(ii) They shall come into force at once.

2. Definitions. - In these rules unless there is anything repugnant in the subject and context-

(a) "Act" means the Uttarakhand Motor Vehicles Taxation Reforms Act, 2003;

(b) "Chairman" means the Chairman of the Executive Committee Of the Fund;

(c) "Member Secretary" means the Member Secretary of the Relief fund;

(d) "Year" means a period of twelve months commencing from first April of the year;

(e) "State Government" means the State Government of Uttarakhand;

(f) "Rules" means the Uttarakhand Motor Vehicles Taxation Reforms Rules, 2003;

(g) "Fund" means the Uttarakhand Road Transport Accident Relief Fund, constituted under sub-section (1) of section 8 of the Motor Vehicles Taxation Reforms Act, 2003;

(h) "Transport Commissioner" means the Transport Commissioner, Uttarakhand;

Note:- The meaning of the words and expressions, used in these rules but not defined, shall be the same as assigned to them in the Uttarakhand Motor Vehicle Taxation Reforms Act, 2003 or the Uttarakhand Motor Vehicles Taxation reforms Rules, 2003.

3. Constitution of the Fund. - The fund shall be constituted by creating an amount equivalent to twenty-oneth part of the surcharge, levied under sub-section (3) of section 6 and the additional tax levied under subsection (1) and (2) of section 6 of the Act.

4. Entitlement to Relief. - (1) The suffered passenger or any other person or heirs of such passenger or any other person, suffering in an accident involving a public service vehicle, in respect of which the payment of the additional tax under sub-section (1) and (2) of section 6 or the surcharge under sub-section (3) of the said section has been made, shall be entitled to relief.

(2) The amount of relief under sub-rule (1) in case of each accident shall be such as specified in the Schedule, substituted for the purpose of sub-rule (2) of rule 30 of the Rules.

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