Section 38 Motor Vehicles Act: Power of State Government to make rules

Section 38 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 conductors licences are issued;

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

(e) the form in which conductors 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 conductors licence issued in another State shall be effective in the State;

(k) the communication of particulars of conductors licences from one authority to other authorities; and

(l) any other matter which is to be, or may be, prescribed. Chapter IV Registration Of Motor Vehicles

Legal Commentary & Landmark Judgments: Section 38

Section 38 of the Motor Vehicles Act, 1988 empowers State Governments to frame detailed rules governing conductor qualifications, public conduct, badges, uniform standards, passenger interaction, and ticketing responsibilities.

Broad Regulatory Powers: Authorizes State Governments to prescribe conductor uniforms, badges, fees, duties, and conditions of public service in stage carriages.
Passenger Protection Norms: Empowers framing of rules preventing conductors from smoking, being intoxicated, allowing overcrowding, or refusing carriage to bonafide commuters.
Appellate Procedure Formulation: Governs the constitution and procedural rules of State Transport Appellate Tribunals for conductor appeals under Section 33.

Key Landmark Precedents:

Subhash Chandra v. State of U.P. (1980) 2 SCC 324: Reaffirmed that State rule-making powers under the Motor Vehicles Act are designed to enforce commuter welfare, safety, and operational decency in public transport.
K.S.R.T.C. v. B.S. Hullikatti (2001) 2 SCC 574: Held that rules framed by States under Section 38 governing ticketing discipline are strict and leave no discretion for condoning fare embezzlement.

Courtroom Practice & Strategic Litigation Guidance:

When challenging penalties imposed on conductors, consult the specific State Motor Vehicles Rules framed under Section 38 (e.g. Delhi Motor Vehicles Rules or Maharashtra Motor Vehicles Rules). Ensure that any disciplinary action strictly adhered to the statutory procedural steps prescribed by the State rules.

Section 38: Power of State Government to make rules

Section 38 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 38