Power of Central Government to make rules
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Summary
Central Government can make rules setting the exact forms, time limits, documents, fees and procedures for things like registration certificates, NOC, transfer of ownership, fitness certificates and related entries. These rules apply whenever the Act requires particulars, forms, fees or procedures to be prescribed. Consequence: registering authorities and applicants must follow the Government's prescribed formats, timelines and fees.
Example
Priya buys a used car and needs the registration transferred to her name. Central Government rules prescribe the exact form, documents and fee for the transfer, so Priya must submit the prescribed form, attach the listed documents and pay the specified fee for the transfer to be accepted.
Bare Act
Enacted textThe Central Government may make rules to provide for all or any of the following matters, namely—
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(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41;
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(b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41;
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(c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41;
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(d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown;
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(e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41;
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(f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged;
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(g) the form in which and the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain;
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(h) the form in which and the manner in which the application for “No Objection Certificate” shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48;
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(i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48;
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(j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application;
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(k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application;
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(l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made;
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(m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain;
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(n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective;
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(o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees.
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(p) any other matter which is to be, or may be, prescribed by the Central Government.
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