The Motor Vehicles Act, 1988
139. Power
of Central Government to make rules.
- The
Central Government may, by notification in the Official Gazette, make rules for all or
any of the following purposes, namely:--
- the
grant and authentication of traveling passes, certificates or authorisations to persons temporarily taking motor
vehicles out of India to any
place outside India
or to persons temporarily proceeding out of India to any place outside India
and desiring to drive a motor vehicle during their absence from India;
- prescribing the conditions subject to which motor vehicles brought
temporarily into India from outside India by persons intending to make a
temporary stay in India may be possessed and
used in India; and
- prescribing the conditions subject to which persons entering India from
any place outside India for a temporary stay in India
may drive motor vehicles in India.
- For the
purpose of facilitating and regulating the services of motor
vehicles operating between India and any
other country under any reciprocal arrangement and carrying passengers or goods
or both by road for
hire or reward, the Central Government may, by notification in the Official
Gazette, make rules with respect to all or any of the following matters,
namely:--
- the
conditions subject to which motor vehicles carrying on such services may be
brought into India from outside India and possessed and used in India;
- The conditions
subject to which motor vehicles may be taken from any place in India to any
place outside India;
- The conditions
subject to which persons employed as drivers and conductors of such motor
vehicles may enter or leave India;
- The grant
and authentication of traveling passes, certificates or authorisations to
persons employed as drivers and conductors of such motor vehicles;
- The
particulars (other than registration marks) to be exhibited by such motor
vehicles and the manner in which such particulars are to be exhibited;
- The use of
trailers with such motor vehicles;
- the
exemption of such motor vehicles and their drivers and conductors from all or
any of the provisions of this Act [other than those referred to in
sub-section (4)] or the rules Made thereunder;
- the
identification of the drivers and conductors of such motor vehicles;
- the
replacement of the travelling passes, certificates or authorisations, permits,
licences or any other prescribed documents lost or defaced, on payment of
such fee as may be prescribed;
- the exemption
from the provisions of such laws as relate to customs, police or health
with a view to facilitate such road transport services;
- any other
matter which is to be, or may be, prescribed.
- No rule
made under this section shall operate to confer on any person
any immunity in any State from the payment of any
tax levied in that State on motor vehicles or their users.
- Nothing in
this Act or in any rule made thereunder by a State Government relating to:--
- the
registration and identification of motor vehicles, or
- the
requirements as to construction, maintenance and equipment of
motor vehicles, or
- the
licensing and the qualifications of drivers and
conductors of motor vehicles, shall apply--
- to any motor
vehicle to which or to any driver of a motor vehicle to whom any
rules made under clause (b) or clause (c) of sub-section
(1) or under sub-section (2) apply; or
- to any
conductor of a motor vehicle to whom any rules made under
sub-section (2) apply.