Section 139 Motor Vehicles Act: Power of Central Government to make rules

Section 139 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:-

(a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India; (b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India;and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India.

(2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both byroad for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of the following matters, namely:-

(a) the conditions subject to which motor vehicles carrying on such services may be brought into India from outside India and possessed and used in India;

(b) the conditions subject to which motor vehicles may be taken from any place in India to anyplace outside India;

(c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India;

(d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors of such motor vehicles;

(e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited;

(f) the use of trailers with such motor vehicles;

(g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act [other than those referred to in sub-section (4) or the rules made thereunder;

(h) the identification of the drivers and conductors of such motor vehicles;

(i) the replacement of the travelling passes, certificates or authorisations, permits, licences or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed;

(j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services;

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

(3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users.

(4) Nothing in this Act or in any rule made thereunder by a State Government relating to-

(a) the registration and identification of motor vehicles, or

(b) the requirements as to construction, maintenance and equipment of motor vehicles, or

(i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or

(ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply. [140 to 144. ***] [Chapter XI Insurance of Motor Vehicles Against Third Party Risks

Legal Commentary & Landmark Judgments: Section 139

Section 139 of the Motor Vehicles Act, 1988 empowers the Central Government to frame rules regulating motor vehicles and drivers temporarily leaving or visiting India, governing International Driving Permits (IDPs), Carnets de Passages, reciprocal cross-border transport agreements, and local registration exemptions.

Regulation of International Driving Permits (IDPs): Authorizes rules for issuing and authenticating international driving permits and travel passes for Indian motorists traveling abroad and foreign nationals driving temporarily in India under the 1949 Geneva Convention on Road Traffic.
Bilateral & Reciprocal Cross-Border Transport Services: Section 139(2) empowers the Central Government to regulate cross-border passenger and goods carriage operations between India and neighboring countries (e.g. Nepal, Bhutan, Bangladesh) under reciprocal international arrangements.
Domestic Statutory Exemptions with Preservation of Tax Sovereignty: Exempts foreign vehicles and drivers from domestic vehicle registration and licensing laws under Section 139(4), while Section 139(3) strictly clarifies that no rule shall confer immunity from local motor vehicle road taxes levied by individual States.

Key Landmark Precedents:

British Airways v. Union of India (2002) 2 SCC 95: The Supreme Court held that international conventions and reciprocal transport arrangements implemented through domestic enabling legislation must be construed purposively to facilitate cross-border movement while safeguarding domestic public interest and regulatory control.
Gramophone Co. of India Ltd. v. Birendra Bahadur Pandey (1984) 2 SCC 534: The Supreme Court observed that international transit treaties and reciprocal transit arrangements across India are subject to national statutory sovereignty; domestic enabling enactments like Section 139 govern the extent and conditions of transit rights.

Courtroom Practice & Strategic Litigation Guidance:

In accidents involving foreign tourists driving on an International Driving Permit or foreign-registered commercial vehicles operating on cross-border routes, verify compliance with rules framed under Section 139. If the foreign operator lacked valid reciprocal transit clearance, proceed directly against the domestic insurance underwriting pool or the local transit guarantee institution.

Section 139: Power of Central Government to make rules

Section 139 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 139