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Section38
The Motor Vehicles Act

Power of State Government to make rules

In force Act 59 of 1988 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 59 of 1988

This is a second copy of a Central Act. India Code files it on Haryana's shelf as well as under Parliament, and the text is the same enactment. Read it at The Motor Vehicles Act, 1988, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 38 of the Motor Vehicles Act deals with power of State Government to make rules. A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(1) A State Government may make rules for the purpose 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 appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter;

(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29;

(c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor's licences are issued;

(d) the form of application for conductor's licences or for renewal of such licences and the particulars it may contain;

(e) the form in which conductor's licences may be issued or renewed and the particulars it may contain;

(f) 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;

(g) 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;

(h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;

(i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates;

(j) the conditions subject to which, and the extent to which, a conductor's licence issued in another State shall be effective in the State;

(k) the communication of particulars of conductor's licences from one authority to other authorities; and (!) any other matter which is to be, or may be, prescribed. CHAPTER IV REGISTRATION OF MOTOR VEHICLES

Section 38, The Motor Vehicles Act (Act 59 of 1988).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 29 Necessity for conductor's licence
  2. s. 30 Grant of conductor's licence

Questions about Section 38

What does Section 38 of the Motor Vehicles Act deal with?

Section 38 of the Motor Vehicles Act is headed "Power of State Government to make rules". A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

How do I find court cases under Section 38 of the Motor Vehicles Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Motor Vehicles Act 38, section 38 Motor Vehicles Act, section 38 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 38 of the Motor Vehicles Act, and has it changed?

Its own text turns on section 29 (Necessity for conductor's licence), section 30 (Grant of conductor's licence), so none of them can safely be read on its own.

When was the Motor Vehicles Act enacted?

Motor Vehicles Act was enacted in 1988 as Act 59 of 1988. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f09db275-80d6-4bd5-924c-03ac08727bdc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e36db003-a500-4cf2-aaa3-05b529659cd2/content). This page is not a substitute for legal advice.