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MVA, 1988
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MVAChapter IISection 28
Section28

Power of State Government to make rules

AI Assist

Summary

State government may make rules to implement this Chapter except for matters excluded. Rules can cover the appointment, jurisdiction, control and functions of licensing authorities; conduct of appeals and small fees; issue of duplicate licences and replacement of obsolete photographs; badges, medical-certificate fees, exemptions and maintenance of the State Register. Those rules govern the practical running of driving licences and related administration in the State.

Example

Priya loses her driving licence and applies at the local licensing authority for a duplicate. Under State rules made here the authority can issue a duplicate on payment of the prescribed fee and can replace an obsolete photograph. Priya receives a new licence after paying the fee.

Bare Act

Enacted text

(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for—

  • (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;

  • (b) the conduct and hearing of appeals that may be preferred under the Chapter, the fees to be paid in respect of such appeals and the refund of such fees:
    Provided that no fee so fixed shall exceed twenty-five rupees;

(c) the issue of duplicate licenses to replace licenses lost, destroyed or mutilated, the replacement of photographs which has become obsolete and the fees to be charged therefor;

(d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges;

(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8;

(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter;

(g) the communication of particulars of licenses granted by one licensing authority to other licensing authorities;

(h) the duties, functions and conduct of such persons to whom licenses to drive transport vehicles are issued;

(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder;

(j) the manner in which the State Register of Driving Licences shall be maintained under section 26;

(k) any other matter which is to be, or may be, prescribed.

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II

Chapter II

Licensing of Drivers of Motor Vehicles

In this chapter

  • 3Necessity for driving license
  • 4Age limit in connection with driving of motor vehicles
  • 5Responsibility of owners of motor vehicles for contravention of sections 3 and 4
  • 6Restrictions on the holding of driving licenses
  • 7Restrictions on the granting of learner’s licenses for certain vehicles
  • 8Grant of learner’s license
  • 9Grant of driving license
  • 10Form and contents of licenses to drive
  • 11Additions to driving license
  • 12Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
  • 13Extent of effectiveness of licenses, to drive motor vehicles
  • 14Currency of licenses to drive motor vehicles
  • 15Renewal of driving licenses
  • 16Revocation of driving license on grounds of disease or disability
  • 17Orders refusing or revoking driving licenses and appeals therefrom
  • 18Driving licenses to drive motor vehicles, belonging to the Central Government
  • 19Power of licensing authority to disqualify from holding a driving license or revoke such license
  • 20Power of Court to disqualify
  • 21Suspension of driving license in certain cases
  • 22Suspension or cancellation of driving license on conviction
  • 23Effect of disqualification order
  • 24Endorsement
  • 25Transfer of endorsement and issue of driving license free from endorsement
  • 26Maintenance of State Registers of Driving Licences
  • 27Power of Central Government to make rules
  • 28Power of State Government to make rules
Previous · Section 27Power of Central Government to make rulesNext · Section 29Necessity for conductor’s license