Motor Vehicles Act Section 28 — Power of State Government to make rules
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) allows a State Government to create rules to implement the provisions of this Chapter, except for the matters already covered under section 27.
Sub-section (2) states that, without limiting the general power above, such rules may cover the following matters:
Under clause (a), rules may cover the appointment, jurisdiction, control, and functions of licensing authorities and other prescribed authorities.
Under clause (b), rules may cover the conduct and hearing of appeals under this Chapter, the fees for such appeals, and the refund of those fees. However, no fee fixed under this clause can exceed twenty-five rupees.
Under clause (c), rules may cover the issue of duplicate licences to replace lost, destroyed, or mutilated licences, the replacement of obsolete photographs, and the fees charged for these services.
Under clause (d), rules may cover the badges and uniform to be worn by drivers of transport vehicles, and the fees to be paid for such badges.
Under clause (e), rules may cover the fee payable for issuing a medical certificate under sub-section (3) of section 8.
Under clause (f), rules may cover the exemption of prescribed persons or prescribed classes of persons from paying all or any portion of the fees payable under this Chapter.
Under clause (g), rules may cover the communication of particulars of licences granted by one licensing authority to other licensing authorities.
Under clause (h), rules may cover the duties, functions, and conduct of persons to whom licences to drive transport vehicles are issued.
Under clause (i), rules may cover the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or the rules made under it.
Under clause (k), rules may cover any other matter which is to be, or may be, prescribed.
Official Text
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;
(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees:
Provided that no fee so fixed shall exceed twenty-five rupees;
(c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;
(d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges;
(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8;
(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter;
(g) the communication of particulars of licences granted by one licensing authority to other licensing authorities;
(h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued;
(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 3* * * *
(k) any other matter which is to be, or may be, prescribed.