Section 64: Power of the Central Government to make rules
Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Motor Vehicles Act • Official Statutory Text & Practice Guide
The Central Government may make rules to provide for all or any of the following matters, namely:
(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;
(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;
(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;
(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; [(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;]
(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; [(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;]
(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; [(fa) the issue of temporary certificate of registration and temporary registration mark under section 43;
(fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;]
(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;
(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;
(i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48;
(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 alongwith the application; [(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;]
(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 alongwith the application;
(l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; [(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52;
(lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under sub-section (2) of section 52;]
(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;
(n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; [(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56;
(nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56;
(nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;]
(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; [(oa) all or any of the matters under sub-section (1) of section 62B;
(ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;]
(p) any other matter which is to be, or may be, prescribed by the Central Government.
Legal Commentary & Landmark Judgments: Section 64
Section 64 of the Motor Vehicles Act, 1988 confers expansive delegated legislative power upon the Central Government to frame rules regulating vehicle registration, technical specifications, prototype testing, unique identification markings, and the operation of the National Register.
When challenging an RTO notification imposing unapproved vehicle fitments or arbitrary local documentation rules, examine whether the rule conflicts with the Central Motor Vehicles Rules (CMVR) framed under Section 64. Central rules prevail over state administrative orders under the doctrine of occupied field and Article 254.