Motor Vehicles Act: Section 64 – Power of Central Government to make rules.

The Central Government may make rules to provide for all or any of the following matters:

(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;

(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;

(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;

(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 a 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;

(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;

(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;

(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 canceling 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;

(p) any other matter which is to be, or may be, prescribed by the Central Government.

Simplified Explanation

Section 64 empowers the Central Government to make rules necessary for carrying out the purposes of the Motor Vehicles Act. These rules help provide clarity and structure to the provisions of the Act and ensure uniform implementation throughout India.

Key Points

1. Scope of Rule-Making:
   • The Central Government can create rules on a wide range of topics related to the regulation, safety, and management of motor vehicles. These rules are meant to facilitate the enforcement of the Act and can cover various aspects like:
     • Vehicle registration and licensing.
     • Standards for vehicle construction and safety.
     • Traffic regulations and road safety.
     • Inspection and certification of vehicles.
     • Control of pollution from motor vehicles.
     • Insurance requirements for vehicles.
     • Penalties and fines for violations.
     • Provisions for drivers, conductors, and their duties.
2. Areas Where Rules Can Be Made:
   • The Act outlines several specific areas where the Central Government may make rules, including but not limited to:
     • Registration of motor vehicles: Specifying the procedure for registration, issuance of registration certificates, transfer of ownership, and conditions under which registration may be refused or canceled.
     • Licensing of drivers and conductors: Defining qualifications, procedures for obtaining a driving license, and medical standards for drivers.
     • Construction and maintenance of vehicles: Setting safety standards for the design, construction, and equipment of motor vehicles.
     • Control of traffic: Establishing traffic signs, speed limits, and rules of the road to promote road safety.
     • Insurance of motor vehicles: Regulating the terms and conditions of motor vehicle insurance, including third-party liability insurance.
     • Environmental standards: Creating rules to limit vehicle emissions and promote the use of cleaner fuels to reduce pollution.
3. Consistency Across States:
   • While each state has the power to make certain rules under the Act (e.g., for licensing, local traffic control), the Central Government’s rules apply uniformly across all states. This ensures consistency in critical areas like safety standards, pollution control, and vehicle registration processes.
   • For example, the Central Motor Vehicle Rules (CMVR), formulated by the Central Government, set standards that must be followed by all vehicles throughout the country.
4. Delegation of Powers:
   • In addition to making rules directly, the Central Government can also delegate certain powers to state governments or other authorities, allowing them to make rules in specific areas as long as they align with the central guidelines.
5. Updating and Amending Rules:
   • The Central Government has the authority to amend or update rules as needed to keep pace with technological advances, changes in traffic patterns, environmental concerns, and public safety requirements.
   • For instance, the introduction of new pollution control norms (such as Bharat Stage emission standards) or regulations for electric vehicles can be enforced through updated rules.
6. Publication of Rules:
   • Any rules made by the Central Government under this section must be published in the Official Gazette. This ensures that the rules are officially recorded and accessible to the public and relevant authorities.
   • The rules come into effect once they are published and can be enforced throughout the country.

Example Scenario

The Central Government might introduce a rule under Section 64 that sets the maximum allowable emission levels for motor vehicles. These rules would be part of the larger pollution control strategy to reduce air pollution across India. This rule would apply uniformly across all states, and every vehicle manufacturer or owner would need to ensure their vehicles comply with the specified emission standards.

Similarly, the government could create rules regarding the mandatory use of seat belts or helmets, which would be applicable nationwide to enhance road safety.

Importance

Section 64 is crucial because it ensures that the Central Government can make uniform rules across India for essential aspects of road safety, vehicle registration, traffic management, and environmental protection. This helps in maintaining consistent standards for vehicles and drivers, promoting road safety, and reducing pollution across the country.

Conclusion

Section 64 of the Motor Vehicles Act grants the Central Government the power to make rules that regulate various aspects of motor vehicle usage, safety, registration, and environmental standards. These rules ensure consistency and uniformity across all states, helping to maintain proper regulation and enforcement of the Act’s provisions.