Power of State Government to make rules

Q: When did Section 138 of the Motor Vehicles Act come into force?

Section 138 of the Motor Vehicles Act, cited as MV Act 138, 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.

In force From 01 Jul 1989 Act 59 of 1988 As on 15 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989 Instruments 8

Section 138 of the Motor Vehicles Act, 1988 deals with power of State Government to make rules. The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. The Act came into force on 01 Jul 1989.

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137.
¹[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways:
Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.]
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;
(b) the installation and use of weighing devices;
(c) the maintenance and management of wayside amenities complexes;
(d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed;
(e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;
(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;
(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;
(h) prohibiting the use of foot-paths or pavements by motor vehicles;
(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and
(j) any other matter which is to be, or may be, prescribed.
Section 138, 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.

This section refers to

s. 137 Power of Central Government to make rules

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.

Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn

Supreme Court of India 10 Jul 2009 Binding (SC) Reportable

Court's Decision & Legal Precedent

Where a statute confers powers on an authority to do certain acts or exercise power in respect of certain matters subject to rules, the exercise of power conferred by the statute does not depend on the existence of rules unless the statute expressly provides for the same. The expression 'subject to the rules' only means 'in accordance with the rules, if any'. If rules are framed, the powers so conferred could be exercised in accordance with these rules. But if no rules are framed, there is no void and the authority is not precluded from exercising the power conferred by the statute. A statute that is workable even without framing of Rules must be given effect to, as the law does not envisage a vacuum. The State Government is empowered to issue executive orders for matters required to be prescribed by Rules if the statute is workable without them, subject to the condition that such orders do not infringe upon the rights of citizens.

On this section: Empowers State Government to make rules for installation and use of weighing devices; core provision at issue regarding whether rules are mandatory before fee collection

Read the full order on eCourts India

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.

Made under this section, and citing it

7 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 1 instrument names this provision in its title or its text without being made under it.

Amendment of rule 8.8Notification 2016

All subordinate legislation

Questions about Section 138

What have the courts held on Section 138 of the Motor Vehicles Act?

Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009) is the leading judgment on this section among those set out below: Empowers State Government to make rules for installation and use of weighing devices; core provision at issue regarding whether rules are mandatory before fee collection.

How do I find court cases under Section 138 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 138, section 138 MV Act, section 138 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 Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009).

What should I read with Section 138 of the Motor Vehicles Act, and has it changed?

Its own text turns on section 137 (Power of Central Government to make rules), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 7: most recently बिहार मोटरगाड़ी (संशोधन) नियमावली,2020 (School Vehicles). (2020), then Delhi Maintenance and Management of Parking Places Rules, 2019 (2019), and 5 more.

When did Section 138 of the Motor Vehicles Act come into force?

Section 138 of the Motor Vehicles Act, cited as MV Act 138, 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

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.