Limits of weight and limitations on use
Section 113 of the Motor Vehicles Act, 1988 deals with limits of weight and limitations on use. The State Government may prescribe the conditions for the issue of permits for [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. The Act came into force on 01 Jul 1989.
(1) The State Government may prescribe the conditions for the issue of permits for 1 [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer--
(a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
(b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.
Section 113, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn
Court's Decision & Legal Precedent
Where a statute confers powers on an authority to do certain acts or exercise power in respect of certain matters subject to rules, the exercise of power conferred by the statute does not depend on the existence of rules unless the statute expressly provides for the same. The expression 'subject to the rules' only means 'in accordance with the rules, if any'. If rules are framed, the powers so conferred could be exercised in accordance with these rules. But if no rules are framed, there is no void and the authority is not precluded from exercising the power conferred by the statute. A statute that is workable even without framing of Rules must be given effect to, as the law does not envisage a vacuum. The State Government is empowered to issue executive orders for matters required to be prescribed by Rules if the statute is workable without them, subject to the condition that such orders do not infringe upon the rights of citizens.
On this section: Prohibits driving motor vehicles exceeding unladen weight or laden weight specified in certificate of registration
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… After considering all the relevant aspects, I find some force in the contention put forward by the learned counsel for the petitioner. The question as to whether the commission of an offence under Section 113, read with Section 194 of the Motor Vehicles Act could be treated as a ground for revoking the driving licence is doubtful. However, since the objection submitted by the petitioner in this regard is pending consideration before the 3rd respondent, it is only proper that he takes a final decision after considering …
-
… In the instant case, the driver of the vehicle i.e. the petitioner has not been charged for the commission of any offence under the Act or the IPC. The charge is against the owner of the vehicle for violating section 113 of the Motor Vehicles Act. Therefore, the seizure of the petitioner's driving licence pursuant to the registration of a crime against the owner of the vehicle cannot be sustained. I, accordingly dispose of the writ petition with a direction to the respondent to return the driving licence seized from the …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 113
What have the courts held on Section 113 of the Motor Vehicles Act?
Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009) is the leading judgment on this section among those set out below: Prohibits driving motor vehicles exceeding unladen weight or laden weight specified in certificate of registration.
How do I find court cases under Section 113 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 113, section 113 MV Act, section 113 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009).
What should I read with Section 113 of the Motor Vehicles Act, and has it changed?
3 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently Notification Regarding Officers to Whom Authority is Conferred to Compound (2020), then Gazette Notification on Compounding Fee (2016).
When did Section 113 of the Motor Vehicles Act come into force?
Section 113 of the Motor Vehicles Act, cited as MV Act 113, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.