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Section 107: Power of State Government to make rules

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 106 All 217 Sections of Motor Vehicles Act Section 108

Legal Commentary & Landmark Judgments: Section 107

Section 107 of the Motor Vehicles Act, 1988 delegates comprehensive subordinate legislative power to the State Government to frame rules carrying into effect the provisions of Chapter VI, specifically governing scheme proposals, objection procedures, permit applications, and service of orders.

  • Plenary Rulemaking Authority under Chapter VI: Vests general and specific delegated legislative powers in the State Government to frame binding procedural rules for implementing the nationalization framework established in Chapter VI.
  • Procedural Architecture for Schemes and Objections: Specifically empowers rules regulating the form and publication of scheme proposals under Section 99, the filing and hearing of objections under Section 100, and the publication of approved schemes under Section 100(3).
  • Administrative Execution Regulations: Encompasses rules for STU permit application formats under Section 103(1), lost property retention timelines and auction rules under Section 106, and the formal manner of serving administrative orders under Chapter VI.
Key Landmark Precedents:
  • H.C. Narayanappa v. State of Mysore AIR 1960 SC 1073: A Constitution Bench of the Supreme Court held that the rulemaking power under Chapter VI is intended to provide an efficacious administrative mechanism for nationalization schemes; procedural rules framed by the State Government must ensure genuine natural justice during objection hearings under Section 100.
  • U.P. State Road Transport Corp. v. Anwar Ahmed (1997) 3 SCC 191: The Supreme Court affirmed that rules framed under Section 107 regulate the procedural interface between the STU, private operators, and the Transport Authorities, ruling that any administrative order passed in contravention of prescribed Chapter VI rules is ultra vires and invalid.
Courtroom Practice & Strategic Litigation Guidance:

In writ challenges against nationalization notifications, examine whether the State Government complied strictly with its own Chapter VI rules framed under Section 107. Pay particular attention to the prescribed manner of serving hearing notices under Section 100(2); failure to follow the statutory service mechanism vitiates the approved scheme.

Section 106 All 217 Sections of Motor Vehicles Act Section 108