Section 95: Power of State Government to make rules as to stage carriages and contract carriages

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 95

Section 95 of the Motor Vehicles Act, 1988 confers specialized subordinate rule-making power upon State Governments to regulate the conduct of passengers, drivers, and conductors in stage and contract carriages, ticketing mechanisms, and passenger safety amenities.

  • Regulation of Passenger, Driver, and Conductor Conduct: State Government may frame subordinate rules under Section 95(1) governing the duties, uniforms, badges, licensing credentials, and courteous behavior of drivers and conductors, as well as passenger decorum.
  • Passenger Amenities, Seating, and Luggage Regulations: Authorizes rules prescribing seat reservations for women, senior citizens, and persons with disabilities, carriage of passenger luggage, and maintenance of complaint books inside public carriages.
  • Ticketing Obligations and Fraud Prevention: Prescribes administrative rules governing ticket issuance, ticket checking by authorized flying squads, and prevention of fare evasion or disorderly conduct inside public service vehicles.
Key Landmark Precedents:
  • Hindustan Times v. State of U.P. (2003) 1 SCC 591: The Supreme Court affirmed that rule-making powers under specialized regulatory statutes must be exercised reasonably in furtherance of public interest and the statutory objectives of the enactment.
  • State of Tamil Nadu v. P. Krishnamurthy (2006) 4 SCC 517: The Supreme Court established that delegated legislation framed under provisions like Section 95 is valid so long as it maintains a direct rational nexus with passenger safety and the orderly operation of public road carriages.
Courtroom Practice & Strategic Litigation Guidance:

In passenger disputes regarding conductor misconduct, lost luggage, or discriminatory seating enforcement, consult the specific State Motor Vehicles Rules framed under Section 95. In criminal trials against conductors or drivers for negligence, demonstrate strict adherence to Section 95 statutory duties to counter charges of rash or negligent conduct.