Power of State Government to make rules
Section 38 of the Motor Vehicles Act, 1988 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. The Act came into force on 01 Jul 1989.
(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
(l) any other matter which is to be, or may be, prescribed.
Section 38, 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
Made under this section, and citing it
5 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.
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: MV Act 38, section 38 MV 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. The rules and notifications made under it are where it actually bites, and there are 5: most recently Amendment of rule 2.26, 3.15 and insertion of new form R.S. 2.1A (2016), then Andaman and Nicobar Motor Vehicles Rules 2006 (2006), and 3 more.
When did Section 38 of the Motor Vehicles Act come into force?
Section 38 of the Motor Vehicles Act, cited as MV Act 38, 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.