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Motor Vehicles Act, 1988

Section 198A — Liability of authorities and contractors for failure to comply with road design, construction and maintenance standards

Written and checked byManju Shekhar· Motor Law & Compliance· Updated 10 October 2026

Motor Vehicles Act, 1988 (Act 59 of 1988) · inserted by the Motor Vehicles (Amendment) Act, 2019

Text as inserted in 2019

(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time. (2) Where failure on the part of the designated authority, contractor, consultant 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

Amended by the Jan Vishwas Act, 2026 — in force from 15 August 2026

(ZN) In section 198A,— (a) in sub-section (1), after the words “the Central Government”, the words, figures and letters “under section 210C for National Highways or by the State Government under section 210D for roads other than National Highways, as the case may be” shall be inserted; (b) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) Where the failure on the part of the designated authority, contractor, consultant 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 liable to penalty which may extend to fifty lakh rupees and the same,— (i) for national highways, shall be paid to the Fund constituted under section 164B; and (ii) for roads other than national highways, shall be paid to the State Government in such manner as may be prescribed by such Government.”; (c) In sub-section (3), in clause (g), after the words “the Central Government”, the words “or the State Government, as the case may be” shall be inserted.

Amending instruction from the Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026), Schedule entry 51, quoted verbatim. It took effect for the Motor Vehicles Act on 15 August 2026 under S.O. 4100(E), 24 July 2026. Where it conflicts with the text above, this later change prevails.

Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; 2019 and 2026 changes are shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.

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