Section 38 of the Motor Vehicles Act, 1988 – Power of State Government to make rules

Home › The Motor Vehicles Act, 1988 › Chapter III – Licensing of conductors of stage carriages

Section 38: Power of State Government to make rules

  • (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.

Source: official text of The Motor Vehicles Act, 1988 as published on India Code (PDF). All sections of the Motor Vehicles Act, 1988.