Section 28 Motor Vehicles Act: Power of State Government to make rules

Section 28 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) 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 this 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 licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have 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 licences granted by one licensing authority to other licensing authorities;

(h) the duties, functions and conduct of such persons to whom licences 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; [***]

(k) any other matter which is to be, or may be, prescribed. Chapter III Licensing Of Conductors Of Stage Carriages

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Motor Vehicles Act, 1988 confers delegated rule-making authority on State Governments to regulate local administrative apparatuses, licensing authorities, fee collections, conduct of driving examiners, and appellate tribunals.

State Administrative Delineation: Authorizes State Governments to appoint licensing authorities, define their territorial jurisdictions, establish Appellate Authorities under Section 17, and constitute State Medical Boards.
Local Procedural and Examination Rules: Empowers States to enact rules governing fees for driving licence tests, duplicate licences, conduct and duties of driving examiners, and internal RTO administration.
Constitutional Hierarchy and Subordination: State rules framed under Section 28 are strictly subordinate to the primary provisions of the Act and the Central Motor Vehicles Rules framed under Section 27; any inconsistency is rendered void under Article 254.

Key Landmark Precedents:

State of Tamil Nadu v. M.P. Thirunavukkarasu 1989 Supp (1) SCC 704: The Supreme Court held that State rule-making powers under the Motor Vehicles Act are regulatory in nature and cannot be utilized to impose extraneous conditions that impede pan-Indian interstate commerce or vehicle movement.
Subhash Chandra v. State of U.P. (1980) 2 SCC 324: Reaffirmed that delegated powers of the State Government must strictly conform to the parent legislative policy of public safety and vehicle efficiency.

Courtroom Practice & Strategic Litigation Guidance:

In administrative challenges to arbitrary State transport circulars (e.g. imposing localized driving tests on holders of valid out-of-state licences), invoke Section 13 and Section 27 to demonstrate that the State rule violates the Central statutory scheme and exceeds the delegated authority granted under Section 28.

Section 28: Power of State Government to make rules

Section 28 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 28