Central · Act 59 of 1988

Section 138 — Power of State Government to make rules.

The Motor Vehicles Act, 1988

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STATUTORY TEXT
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(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.

1[(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.]

(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;

(b) the installation and use of weighing devices;

(c) the maintenance and management of wayside amenities complexes;

(d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed;

(e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;

(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;

(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;

(h) prohibiting the use of foot-paths or pavements by motor vehicles;

(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and

(j) any other matter which is to be, or may be, prescribed.



Source footnotes

1. Ins. by s. 49, ibid. (w.e.f. 1-9-2019).

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Next · Section 139Power of Central Government to make rules. →All sections / सभी धाराएँThe Motor Vehicles Act, 1988 →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Definitions.Section 2A · e-cart and e-rickshaw.Section 2B · Promotion of innovationSection 3 · Necessity for driving licence.Section 4 · Age limit in connection with driving of motor vehicles.Section 5 · Responsibility of owners of motor vehicles for contravention of sections 3 and 4.Section 6 · Restrictions on the holding of driving licences.
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2025-11-07. Check the linked official text and subsequent notifications when applying a provision.

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