Appointment of motor vehicles officers
Section 213 of the Motor Vehicles Act, 1988 deals with appointment of motor vehicles officers. The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit. The Act came into force on 01 Jul 1989.
(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such.
(5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,--
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed;
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept:
Provided that,--
(i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer;
(ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;
(iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made;
(c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;
(d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed;
(e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court;
(f) exercise such other powers as may be prescribed:
Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.
(6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code.
Section 213, 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.
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.
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… It is further argued that since the State rule is repugnant to the Central Statute, it could have been promulgated only with the assent of the President of India. It is also contended that when the State Government is not the entity authorised under Section 213 of the Motor Vehicles Act to prescribe minimum qualifications for the posts in the Motor Vehicles Department, the question is not merely whether the rule in question is repugnant to the Central Act, but it is 2025:KER:24560 the very competency of the State to make the law. …
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… It is further argued that since the State rule is repugnant to the Central Statute, it could have been promulgated only with the assent of the President of India. It is also contended that when the State Government is not the entity authorised under Section 213 of the Motor Vehicles Act to prescribe minimum qualifications for the posts in the Motor Vehicles Department, the question is not merely whether the rule in question is repugnant to the Central Act, but it is 2025:KER:24560 the very competency of the State to make the law. …
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… It is further argued that since the State rule is repugnant to the Central Statute, it could have been promulgated only with the assent of the President of India. It is also contended that when the State Government is not the entity authorised under Section 213 of the Motor Vehicles Act to prescribe minimum qualifications for the posts in the Motor Vehicles Department, the question is not merely whether the rule in question is repugnant to the Central Act, but it is 2025:KER:24560 the very competency of the State to make the law. …
Made under this section, and citing it
3 instruments state 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 4 instruments name this provision in its title or its text without being made under it.
Questions about Section 213
What does Section 213 of the Motor Vehicles Act deal with?
Section 213 of the Motor Vehicles Act is headed "Appointment of motor vehicles officers". The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
How do I find court cases under Section 213 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 213, section 213 MV Act, section 213 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 213 of the Motor Vehicles Act, and has it changed?
3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently Amendment of rule 4.1 and 4.18 (2019), then SO 1215(E) dated 08.03.2019 regarding minimum qualification (2019), and 1 more.
When did Section 213 of the Motor Vehicles Act come into force?
Section 213 of the Motor Vehicles Act, cited as MV Act 213, 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.