(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:—
(a) the grant and authentication of travelling 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;
(b) 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
(c) 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.
(2) 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:—
(a) 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;
(b) the conditions subject to which motor vehicles may be taken from any place in India to any place outside India;
(c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India;
(d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors of such motor vehicles;
(e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited;
(f) the use of trailers with such motor vehicles;
(g) 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;
(h) the identification of the drivers and conductors of such motor vehicles;
(i) 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;
(j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services;
(k) any other matter which is to be, or may be, prescribed.
(3) 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.
(4) Nothing in this Act or in any rule made thereunder by a State Government relating to:—
(a) the registration and identification of motor vehicles, or
(b) the requirements as to construction, maintenance and equipment of motor vehicles, or
(c) the licensing and the qualifications of drivers and conductors of motor vehicles, shall apply—
(i) 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
(ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply.
Simplified Explanation
Subsection (1): This part empowers the Central Government to make rules regarding:
- Traveling Passes and Authorizations: This includes issuing documents that authorize Indian residents to take vehicles abroad temporarily or for Indian residents traveling abroad to drive in foreign countries.
- Motor Vehicles Temporarily in India: Setting conditions under which foreign vehicles can enter and be used in India temporarily, and under which foreign nationals can drive in India during their stay.
Subsection (2): This part deals with motor vehicles operating between India and other countries, particularly under reciprocal arrangements, covering:
- Conditions for Entry and Use in India: Specifies how vehicles from other countries can enter and be used in India and vice versa.
- Employment of Foreign Drivers and Conductors: Rules about the entry and exit of foreign drivers and conductors, including their identification and the documents they need.
- Exhibitions and Identifications: Specifies what information besides registration marks these vehicles must display.
- Trailers and Exemptions: Rules concerning the use of trailers and potential exemptions from certain provisions of the Motor Vehicles Act.
- Replacement of Documents: Conditions under which lost or defaced documents can be replaced.
- Customs and Health Exemptions: Specifies exemptions relating to customs, police, or health regulations to facilitate international road transport.
Subsection (3): This clarifies that no rule under this section can exempt any person from paying state-imposed vehicle taxes.
Subsection (4): Provides that certain central rules can exempt specific vehicles and individuals (drivers and conductors) from state rules regarding vehicle registration, construction, and driver licensing when these vehicles or persons are covered under international transport rules specified in subsections (1) and (2).
Importance of Section 139:
- International Compliance: Ensures that India’s regulations align with international standards and reciprocal agreements for cross-border transport.
- Regulatory Clarity: Provides a clear framework for managing international and cross-border road transport, facilitating travel and commerce.
- Safety and Standardization: Helps maintain safety and legal standards by setting specific requirements for vehicles and drivers participating in international road travel.
- Flexibility and Facilitation: Offers necessary flexibilities to adapt to international transport needs while ensuring that safety and regulatory standards are upheld.
Section 139 is crucial for effectively managing the complexities of international road transport involving India, ensuring that the movement of vehicles and personnel across borders is regulated, safe, and efficient.
