Chapter VIII — Control Of Traffic
Section 138 — Power of State Government to make rules
Motor Vehicles Act, 1988 (Act 59 of 1988)
Text of the section
Power of State Government to make rules.—(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. (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;
Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.
Amended by the 2019 Amendment Act
In section 138 of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:— “(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.”. 50. Chapter X in the principal Act shall be omitted. 51. For Chapter XI of the principal Act, the following Chapter shall be substituted, namely:— Insertion of new section 136A. Electronic monitoring and enforcement of road safety. Amendment of section 137. Amendment of section 138. Omission of Chapter X. Substitution of new Chapter XI for Chapter XI. ‘CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. In this Chapter,— (a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972; (b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) “grievous hurt” shall have the same meanin
This is the amending instruction from the Motor Vehicles (Amendment) Act, 2019 (Act 32 of 2019), quoted verbatim. Read it together with the text above — the consolidated version is the section as it reads once these changes are applied.
Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; any 2019 change is shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.
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