Power of State Government to make rules
AI Assist
Summary
State Government may make rules to implement this Chapter, except where another provision deals with the matter. Rules can set procedures and fees for appeals, appoint and define the powers of registering authorities, regulate registration and fitness certificates (including temporary and duplicates), allow specified exemptions (for construction vehicles, dealers), prescribe forms, fees and the State Register. These rules cover procedural and technical details needed to operate the Chapter.
Example
Ravi buys a grader used only for road maintenance. Under State rules, such construction vehicles can be exempted from some registration requirements and specific conditions are imposed for that exemption, so Ravi need not meet certain certificate or fee requirements while he follows the stated conditions.
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 64.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
-
(a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeals and the refund of such fees);
-
(b) the appointment, functions and jurisdiction of registering and other prescribed authorities;
-
(c) the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the conditions governing such exemption;
-
(d) the issue or renewal of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mutilated;
-
(e) the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight;
-
(f) the temporary registration of motor vehicles and the issue of temporary certificate of registration and marks;
-
(g) the manner in which the particulars referred to in sub-section (2) of section 58 and other prescribed particulars shall be exhibited;
-
(h) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter;
-
(i) the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter;
-
(j) the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and of their registration;
-
(k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50;
-
(l) the extension of the validity of certificates of fitness pending consideration of applications for their renewal;
-
(m) the exemption from the provisions of this Chapter and the conditions and fees for exemption, of motor vehicles in the possession of dealers;
-
(n) the form in which and the period within which the return under section 62 shall be sent;
-
(o) the manner in which the State Register of Motor Vehicles shall be maintained under section 63;
-
(p) any other matter which is to be or may be prescribed.
Previous year papers
Pick your exam. we'll email the most recent paper.