Cancellation or modification of scheme
Section 102 of the Motor Vehicles Act, 1988 deals with cancellation or modification of scheme. The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving-- (i) the State transport undertaking; The Act came into force on 01 Jul 1989.
(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving--
(i) the State transport undertaking; and
(ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification,
an opportunity of being heard in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
Section 102, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Malai Mahadeshwara Swamy Temple vs State of Karnataka
Court's Decision & Legal Precedent
Where the State Government exercises the quasi-judicial power of modifying an approved scheme under Section 102 of the Motor Vehicles Act, 1988, it is mandatory to record detailed reasons showing consideration of objections and representations. Mere mention of arguments without substantively addressing them and assigning reasons to accept or reject objections constitutes violation of natural justice principles. The rule requiring reasons in quasi-judicial orders is not merely procedural but fundamental to the rule of law and constitutional protections against arbitrariness under Articles 14 and 21. Absence of reasons renders the order vulnerable to challenge for violation of natural justice, even if the decision maker purports to act in public interest.
On this section: Central provision governing cancellation or modification of schemes; interpreted to require that modifications be in public interest after giving opportunity of hearing to affected parties
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The learned Standing Counsel for the 3 rd respondent appears and refutes the averments of the petitioner. It is submitted that the Panchayath is pointing out the difficulties of residents only to help the private stage carriage operators. Ext.P4 is a statutory representation under Section 102 of the Motor Vehicles Act, 1988. Necessarily, the same would have to be considered by the Government. But, of course after hearing the K.S.R.T.C, the 3 rd respondent herein. 3. In such circumstance, it is directed that the representation shall be considered in accordance with law, within a period of three months …
Questions about Section 102
What have the courts held on Section 102 of the Motor Vehicles Act?
Malai Mahadeshwara Swamy Temple vs State of Karnataka (18 Dec 2014) is the leading judgment on this section among those set out below: Central provision governing cancellation or modification of schemes; interpreted to require that modifications be in public interest after giving opportunity of hearing to affected parties.
How do I find court cases under Section 102 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: MV Act 102, section 102 MV Act, section 102 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Malai Mahadeshwara Swamy Temple vs State of Karnataka (18 Dec 2014).
What should I read with Section 102 of the Motor Vehicles Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 102 of the Motor Vehicles Act come into force?
Section 102 of the Motor Vehicles Act, cited as MV Act 102, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.