E-rickshaw law in India
Initially e-rickshaws were unregulated by any central law in India. However, the Delhi High Court, banned running of e-rickshaws in Delhi on 31 July 2014, over safety concerns raised through a public interest litigation. In a rally held for regularization of e rickshaws in Delhi transport minister NitinGadkari said that "municipal corporations would regularize e-rickshaws by registering them for a fee of just Rs.100. After registering the e-rickshaw, corporations will have to issue identity cards to drivers so they can earn their livelihood easily." Once the policy was in place, the corporation, along with traffic police, would have to fix the amount of fine to be imposed for violation of the policy. However, the policy was never implemented. Certain states like Tripura had regularized the e-rickshaws through municipal bylaws or through state legislation. In March 2015, the Indian Parliament passed an amendment to the Motor Vehicles (Amendment) Bill, 2015 legalizing E-Rickshaws. By July 2015 Battery Rickshaw are available for travel in many cities, now certified to ply with Registration No. plate by R.T.O. with insurance.
- 2005 - 2012
Patent granted on 28.12.2012 w.e.f. 02.05.2005 by Central Government for the technology of battery operated eco-friendly e-rickshaw
Hon'ble Calcutta High Court restrained the respondents from infringing the plaintiffs' patent in relation to the eco-friendly vehicles" after notice and or in presence of Learned Law officer of the state of west Bengal
Hon'ble Supreme Court upheld the said order of the High Court dated: 17.06.2015
- May, 2016
The Hon’ble Prime Minister of India NarendraModi launched / distributed prohibited brand of e-rickshaws in Varanasi
The writ petition moved against Prime Minister NarendraModi before the Hon'ble Tripura High Court being W.P. (C) 177/2017 titled Lipika Das Sinha & Anr. Vs Shri Narendra Modi & Ors" and on hearing Hon'ble court allowed the said writ petition ordering inter alia "the joint transport commissioner is directed by this court to create an enforcement mechanism for a particular period to supervise enforcement of the changed law in the State of Tripura, so that the illegal business and operation of the E-rickshaw and E-cart cannot be perpetrated by any unscrupulous person."
The Central Government i.e., The Secretary, Ministry of Road Transport and Highways ordered “deviation or any matter relating to the above subject has to be taken up with the state government”
The Central Government i.e., The Secretary, Ministry of Road Transport and Highways ordered "with regard to infringement of patents, you may take appropriate steps as may be deemed appropriate;"
The Government Of Punjab, Department Of Transport “issued an advisory to all The Manufacturers / Exporters / Importers / Dealers (List Enclosed) To Settle The Patent Dispute With M/S Jasper Motors Private Limited And Inform The Progress Settlement, If Any To The Government Of Punjab”
The Calcutta High Court constituted High Power Committee on e-rickshaw to restrain plying of unregistered / illegal TOTOs in the State and to formulate some policy regarding e-rickshaws
The High Power committee on e-rickshaw ordered to regulate illegal TOTOs (non-complaint of Rule 126 of CMVRs) in the state of West Bengal;
The Government of Himachal Pradesh, Department of Transport issued an advisory to the director of transport directing inter alia “however, it is advised that as and when, e-rickshaws are introduced in Himachal Pradesh, the patent no: 254875 (copy enclosed for ready reference) issued to jasper motors pvt. ltd., may be kept in mind, so that no infringement of the said patent occurs.”
The Government of Bihar, Department Of Transport issued an advisory “Directing All The Manufacturers / Exporters / Importers / Dealers (List Enclosed) To Settle The Patent Dispute With M/S Jasper Motors Private Limited”
The Government of Tripura, Department of Transport, ordered “in the event of his feeling aggrieved on violation of his patent by any manufacturer etc., he is at liberty to take appropriate legal action against them”
The West Bengal Government announced to convert existing illegal TOTOs (Non ICAT) To E-Rickshaws (ICAT Certified) by giving proper License/ Registration and insurance against Rs 1.35 - 1.50 Lac By deducting Rs 18k To 20k as an exchange value
The Hon’ble Calcutta High Court declared all licenses/registrations of defendants of C. S. No: 388 of 2014 as void ab initio and also directed the high power committee on e-rickshaw to not to take any steps affecting the rights of the patent holder
The Hon’ble Supreme Court again dismissed The Special Leave to appeal against the Calcutta High Court order dated: 21.04.2017 thereby upholding the said order
The Transport Department, Government of West Bengal by its said letter / communication ordered that, "this department does not issue any license / registration to the manufacturer of e-rickshaw / defendants of C.S. No: 388 of 2014"
The Hon’ble Odisha High Court observed That, “plying of E-Rickshaws and E Carts without license and or specific brand of Jasper Motors will be deemed to be construed as an infringement of patent right of the patentee”
Hon'ble Kolkata Court granted liberty to all states and UTs of India that all registrations shall be granted in the name of assignees through their respective software
The Hon'ble Supreme Court dismissed the special leave petition filed against the injunction order