Power to have vehicle weighed
Section 114 of the Motor Vehicles Act, 1988 deals with power to have vehicle weighed. [Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance o The Act came into force on 01 Jul 1989.
(1) 1 [Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions.
(2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.
Section 114, 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.
This section refers to
Referred to by 1
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.
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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: Empowers Motor Vehicles Department officers to require vehicles to be weighed if suspected of contravening weight provisions; applied to justify need for weighbridges
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.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 114
What have the courts held on Section 114 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: Empowers Motor Vehicles Department officers to require vehicles to be weighed if suspected of contravening weight provisions; applied to justify need for weighbridges.
How do I find court cases under Section 114 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 114, section 114 MV Act, section 114 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 114 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 113 (Limits of weight and limitations on use), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Andaman and Nicobar Motor Vehicles Rules 2006 (2006).
When did Section 114 of the Motor Vehicles Act come into force?
Section 114 of the Motor Vehicles Act, cited as MV Act 114, 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.