Power of Central Government to make rules
Section 64 of the Motor Vehicles Act, 1988 deals with power of Central Government to make rules. 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; The Act came into force on 01 Jul 1989.
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;
1[(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;
1[(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;
1[(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 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 along with the application;
2[(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 along with the application;
(l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made;
2[(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 subsection (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;
2[(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.
2[(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.
Section 64, 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
- s. 41 Registration, how to be made
- s. 43 Temporary registration
- s. 44 Production of vehicle at the time of registration
- s. 47 Assignment of new registration mark on removal to another State
- s. 48 No objection certificate
- s. 49 Change of residence or place of business
- s. 50 Transfer of ownership
- s. 51 Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
- s. 52 Alteration in motor vehicle
- s. 56 Certificate of fitness of transport vehicles
- s. 59 Power to fix the age limit of motor vehicle
- s. 62B National Register of Motor Vehicles
- s. 63 Maintenance of State Registers of Motor Vehicles
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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The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi
Court's Decision & Legal Precedent
The State Government has the constitutional and statutory authority to prescribe fees for the reservation and allotment of specific registration marks to motor vehicles under Rule 55A of the Madhya Pradesh Motor Vehicles Rules, 1994. This authority derives from: (1) Section 41(6) of the Motor Vehicles Act, 1988, which creates a two-step process of Central allotment of series and State assignment of specific numbers; (2) Section 65(1) of the Act, which grants the State general power to make rules for carrying into effect the provisions of the registration chapter; (3) Section 211 of the Act, which is a residual provision granting power to the State to levy fees for services rendered, notwithstanding the absence of express provision, provided the State is empowered to make rules on that subject; and (4) the principle that when a central enactment clothes the state with the power to perform a function, an implicit power to charge a reasonable fee for that function must be read into the state's power. The assignment of specific registration numbers is a distinct service for which the State can legitimately charge a fee, as it involves administrative work and caters to public demand for auspicious and numerologically significant numbers. The power to prescribe fees for registration under Section 41(2) relates only to the general registration process, not to the assignment of specific numbers. Rule 55A is therefore valid and within the State's authority.
On this section: Enumerates the matters on which the Central Government may make rules, including the form of application, certificate of registration, manner of display of registration marks, and fees to be charged; establishes the Central Government's primary rule-making authority
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Chhotu Ram vs Union of India
Court's Decision & Legal Precedent
An additional fee levied on a per-day basis for delay in fitness certificate renewal is ultra vires Section 64(o) and 211 of the Motor Vehicles Act, 1988, as the Act does not contemplate such a penalty.
On this section: The court held that these sections do not empower the government to impose a per-day penalty via rules.
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.
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… Rule 20 provides that the Tribunal shall not assume the original jurisdiction of the STAT or RTA while passing final orders under Sections 64 and 64A of the Motor Vehicles Act. Section 64 of the Motor Vehicles Act, 1939 provides that the decision given by the Tribunal in an appeal shall be final. Section 64A dealing with the revisional powers of the Tribunal also provides that orders passed by the Tribunal exercising Section 64A shall be final. It is trite law that an appellate court must have all …
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… Rule 20 provides that the Tribunal shall not assume the original jurisdiction of the STAT or RTA while passing final orders under Sections 64 and 64A of the Motor Vehicles Act. Section 64 of the Motor Vehicles Act, 1939 provides that the decision given by the Tribunal in an appeal shall be final. Section 64A dealing with the revisional powers of the Tribunal also provides that orders passed by the Tribunal exercising Section 64A shall be final. It is trite law that an appellate court must have all …
Made under this section, and citing it
24 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.
- draft GSR 192(E) 10th March, 2022 RVSF amendmentNotification 2022
- 16th GSR 525 (E) 2 august 2021Notification 2021
- 20th GSR 594(E) 26 .08.2021 BH series registration mark RulesNotification 2021
- 6th G.S.R 240(E) dated 31.03.2021 Committe A licensing of driversNotification 2021
- 7th G.S.R 277(E) dated 08.04.2021 transfer of ownershipNotification 2021
- 15th amendment GSr 661(E) 22 october 2020Notification 2020
- 3rd amendment GSr 178(E) 16 march 2020Notification 2020
- 11th amendment GSR 806(E) 23.10.2019Notification 2019
- 2nd amendment GSR 174(E) 01.03.2019Notification 2019
- 10th amendment GSR 749(E) 07.08.2018Notification 2018
- 18th amendment GSR 1482(E)07.12.2017Notification 2017
- Central Motor Vehicles (Eighteenth Amendment) Rules, 2017Rule 2017
- Central Motor Vehicles (Fifth Amendment) Rules, 2017Rule 2017
- Central Motor Vehicles (Ninth Amendment) Rules, 2017Rule 2017
- Central Motor Vehicles (Ninth Amendment) Rules, 2017Rule 2017
- GSR 271(E)21.03.2017 revision of feesNotification 2017
- GSR 633(E)23.06.2017registration mark under rule 76Notification 2017
- 21th amendment GSR 1096(E)28.11.2016Notification 2016
- Central Motor Vehicles (21st Amendment) Rules, 2016Rule 2016
- Draft GSR 744(E) dated 28.07.2016 revision of feesNotification 2016
- notification G.S.R. 27(E) dated 13.01.2015 and subsequent notification S.O.1695 dated 25.06.2015Notification 2016
- Central Motor Vehicles (13th Amendment) Rules, 2014.Rule 2014
- Central Motor Vehicles (Sixteenth Amendment) Rules, 2014.Rule 2014
- Central Motor Vehicles ( 3rd Amendment) Rules, 2002.Rule 2002
Another 5 instruments name this provision in its title or its text without being made under it.
- draft GSR 175(E) dated 4th march 2022 RVSF Dues and RC cancelNotification 2022
- 23rd GSR 714(E) 4 Ocotber 2021 Registration feesNotification 2021
- 24th GSR 720 (E) 5 October 2021 Concession in motor vehicle taxNotification 2021
- GSR 653(E) dated 23rd September 2021 Registration and Functions of vehicle scrapping facility rules 2021Notification 2021
- Central Motor Vehicles (4th Amendment) Rules, 2015Rule 2015
Questions about Section 64
What have the courts held on Section 64 of the Motor Vehicles Act?
The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi (26 Aug 2020) is the leading judgment on this section among those set out below: Enumerates the matters on which the Central Government may make rules, including the form of application, certificate of registration, manner of display of registration marks, and fees to be charged; establishes the Central Government's primary rule-making authority. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2020 to 2024.
How do I find court cases under Section 64 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 64, section 64 MV Act, section 64 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi (26 Aug 2020).
What should I read with Section 64 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 41 (Registration, how to be made), section 43 (Temporary registration), section 44 (Production of vehicle at the time of registration), section 47 (Assignment of new registration mark on removal to another State), and on 9 further provisions, 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 are 24: most recently draft GSR 192(E) 10th March, 2022 RVSF amendment (2022), then 16th GSR 525 (E) 2 august 2021 (2021), and 22 more.
When did Section 64 of the Motor Vehicles Act come into force?
Section 64 of the Motor Vehicles Act, cited as MV Act 64, 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 14 Oct 2026. This page is not a substitute for legal advice.