Section 65 Motor Vehicles Act: Power of the State Government to make rules

Section 65 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 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 [under the proviso to section 43];

(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; [***]

(p) any other matter which is to be or may be prescribed. [Chapter V ] Control of Transport Vehicles

Legal Commentary & Landmark Judgments: Section 65

Section 65 of the Motor Vehicles Act, 1988 empowers State Governments to enact subordinate rules for Chapter IV concerning regional registering authorities, local fee structures, vehicle inspection mechanics, and administrative processes not exclusively occupied by Central rules.

State Rule-Making Competence: State Governments may formulate rules prescribing local registering authorities, their territorial jurisdictions, and procedural modalities for processing registration and fitness applications under Chapter IV.
Local Exemptions, Temporary Marks, and Fees: Governs the issuance of trade certificates to dealers, temporary registration marks within the State, inspection fees, and refund procedures for local registration taxes.
Subordination to Central Motor Vehicles Rules: State rules framed under Section 65 must remain strictly intra vires the Motor Vehicles Act and cannot conflict with, dilute, or override Central rules framed under Section 64.

Key Landmark Precedents:

State of Karnataka v. Ganesh Kamath (1983) 2 SCC 402: The Supreme Court held that subordinate rule-making power conferred on State Governments cannot be exercised to impose conditions or restrictions repugnant to the substantive provisions of the parent statute.
Bimal Chandra Banerjee v. State of M.P. (1971) 1 SCC 670: The Supreme Court established the fundamental canon that delegated authority cannot create liabilities or procedural burdens that find no legislative sanction in the primary enactment.

Courtroom Practice & Strategic Litigation Guidance:

In commercial disputes involving state-level delays in dealer trade certificates or registration clearances, review the relevant State Motor Vehicles Rules framed under Section 65. If a State rule imposes discriminatory fees or extraneous local documentation contrary to CMVR, challenge it under Article 226 citing Section 64 supremacy.

Section 65: Power of the State Government to make rules

Section 65 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 65