Sections 212, 215A, 215B, 215C and 215D of the Motor Vehicles Act
These provisions govern publication and commencement of rules and notifications, delegation of Central and State Government powers, the National Road Safety Board, and rule-making powers for implementing Chapter XIV of the Motor Vehicles Act.
Section 212 - Publication, commencement and laying of rules and notifications
Section 212 establishes procedural requirements for rules and certain notifications made under the Motor Vehicles Act. It supports transparency by requiring publication and, for Central Government rules, parliamentary scrutiny in the manner prescribed by the section.
Rules made under the Act are published in the Official Gazette. Unless a different commencement date is provided, the applicable statutory publication and commencement requirements govern when subordinate legislation takes effect.
Legislative scrutinyRules made by the Central Government are required to be laid before both Houses of Parliament for the statutory period and remain subject to modification or annulment in accordance with section 212.
Section 215A - Power of Central Government and State Government to delegate
Section 215A begins with a non-obstante clause and authorises both levels of government to delegate statutory powers or functions to public servants or public authorities.
The Central Government may delegate powers or functions conferred on it by the Act and authorise a public servant or public authority to discharge its powers, functions and duties.
State GovernmentThe State Government has a corresponding power to delegate powers or functions conferred upon it under the Act to a public servant or public authority.
Section 215B - National Road Safety Board
Section 215B requires the Central Government to constitute the National Road Safety Board and defines its advisory role on road safety and traffic management.
The Board consists of a Chairman, representatives from State Governments and other members considered necessary, on terms and conditions prescribed by the Central Government.
Advisory functionsThe Board advises the Central and State Governments on vehicle design and safety equipment, registration and licensing, road-safety and infrastructure standards, traffic control, sustainable road transport, new vehicle technology, vulnerable road users, driver and road-user education, and other prescribed functions.
Operational frameworkThe National Road Safety Board was notified in 2021. Its institutional framework is supplemented by the National Road Safety Board Rules, 2021.
Section 215C - Power of Central Government to make rules
Section 215C authorises the Central Government to make rules for carrying the provisions of Chapter XIV into effect.
The rule-making power includes electronic forms and processes under section 211A; minimum qualifications for Motor Vehicles Department officers under section 213(4); terms and conditions of the Chairman and Members of the National Road Safety Board; other functions of the Board; and other matters required or permitted to be prescribed by the Central Government.
Section 215D - Power of State Government to make rules
Section 215D gives State Governments rule-making power for Chapter XIV on matters other than those reserved to the Central Government under section 215C.
State rules may address electronic forms and processes under section 211A; duties, functions, powers, uniforms and administrative subordination of Motor Vehicles Department officers under section 213; additional powers exercisable by such officers; and other matters required or permitted to be prescribed by the State Government.
Omission of the Second Schedule
Section 93 of the Motor Vehicles (Amendment) Act, 2019 omitted the Second Schedule to the principal Act. The historical amendment text is preserved below.
Motor Vehicles (Amendment) Act, 2019 - amendment text
Insertion of new sections 215A, 215B, 215C and 215D. Power of Central Government and State Government to delegate
92. After section 215 of the principal Act, the following sections shall be inserted, namely:-
"215A. Notwithstanding anything contained in this Act,- (a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act.
Section 215B National Road Safety Board
215B. (1) The Central Government shall, by notification in the Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Central Government. (2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,-
(a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment;
(b) the registration and licensing of motor vehicles;
(c) the formulation of standards for road safety, road infrastructure and control of traffic;
(d) the facilitation of safe and sustainable utilisation of road transport ecosystem;
(e) the promotion of new vehicle technology;
(f) the safety of vulnerable road users;
(g) programmes for educating and sensitising drivers and other road users; and
(h) such other functions as may be prescribed by the Central Government from time to time.
Section 215C Power of Central Government to make rule
215C. (1) The Central Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;
(b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213;
(c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B;
(d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; and
(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government.
Section 215D Power of State Government to make rules
215D. (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter, other than the matters specified in section 215C.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;
(b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powers exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub-section (3) of section 213;
(c) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause (f) of sub-section (5) of section 213; and (d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the State Government."
Omission of Second Schedule
93. In the principal Act, the Second Schedule shall be omitted
Official resources
Motor Vehicles Act, 1988 - India Code
India Code - official legislation portal