R.A.SHARMA, J. - (1.) By these writ petitions, petitioners, who are holding national permits for carriage of goods, have challenged the validity of R.6 of National Permit Rules, 1975, framed under S. 63(11) of the Motor Vehicles Act, 1939 (hereinafter referred to as the old Act) and R. 88 of the Central Motor Vehicles Rules, 1980 (hereinafter referred to as the new Act (sic). These Rules which provide for 9 years' model condition of motor vehicles, covered under national permits are quoted below : "6.(1) National permit shall not be granted or renewed in respect of Motor Vehicles which is more than 9 years old at any point of time. (2) When a vehicle covered by National Permit is proposed to be replaced by another vehicle the later vehicle shall not be more than 9 years old on the date of such replacement. (3) National permit shall be deemed to be invalid from the date the vehicle attains the age of 9 years unless the vehicle is replaced in terms of sub-rule (2) above." "88. Age of motor vehicles for the purposes of National Permit- (1) No national permit shall be granted in respect of goods carriage which is more than nine years old at any point of time. (2) A National permit shall be deemed to be invalid from the date the vehicle covered by the permit completes nine years from the date of its initial registration. Explanation': For the purpose of this rule, the period of nine years shall be completed from the date of initial registration of the goods carriage concerned."
(2.) Sections 54, 55 and 56 of the old Act provided for applying for and grant of public carrier permits for the carriage of goods for hire or reward by the transport authorities of State. Permits so granted by the authorities of one State are not valid in the other State unless counter-signed by the transport authorities of other State. Requirement of counter-signature on these permits by other State was causing delay and hinderance in the movement of goods. In order to remove constraints on the movement of goods by road, scheme for national permits, so as to make these permits valid for the whole of India, was introduced by Parliament, by means of Motor Vehicles (Amendment) Act, 1976 (Central Act 26 of 1976), whereby subsections (11) to (15) were added to S. 63 of the old Act. Sub-sections (11) and (15) of S. 63 being relegant are quoted below : "63(11). Notwithstanding anything contained in sub-sec. (1), but, subject to the rules that may be made by the Central Government under sub-sec. (15), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, (grant in a State, national permits to the owners of motor vehicles who use, or intend to use, such vehicles for the carriage of goods, for hire or reward, in respect of such number of motor vehicles) as the Central Government may specify in this behalf in relation to that State and the provisions of Ss. 54, 55, 56, 57, 58, 59A, 60, 61 and 64 shall, as far as may be, apply to or in relation to the grant of national permits; Provided that the number of national permits specified for a State shall not be varied or modified except after consultation with the concerned State Government. Explanation:- In this section- (a) 'national permit' means a permit granted by the appropriate authority (to the owner of a motor vehicle authorising him to operate as a public carrier) throughout the territory of India or in such contiguous States, not being less than five in number (including the State in which the permit is issued), as may be specified in such permit in accordance with the choice (indicated by such owner) to whom such permit is granted; (b) 'appropriate authority' in relation to a national permit means the authority which is authorised by this Act to grant a public carrier's permit. (11A) The Government of a State shall reserve in that State certain percentage of national permits for the Scheduled Castes and the Scheduled Tribes. (11B) The Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted national permits in that State- (a) reserve in that State such percentage of national permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or (b) notwithstanding anything contained in Cl. (b) of sub-sec. (12), give perference, in such manner as may be prescribed, to applications for national permits from such persons. (11C). The provisions of sub-sections (1B), (1 D), (1 F) and (1 G) of S. 47 shall apply to or in relation to the grant of stage carriage permits under that section." "63(15). (a) The Central Government may make rules for carrying out the provision of sub-sec. (11). (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- (i) the authorisation fee payable for the issue of a national permit; (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) any matter, not specified in this Act, which shall be borne in mind by the appropriate authority in granting a national permit. Explanation:- In this sub-section 'authorisation fee' means the annual fee, not exceeding seven hundred rupees, which may be charged b b by the appropriate authority of a State to enable a motor vehicle, covered by the national permit to be used in other States.
(3.) In pursuance of provisions of sub-sec. (15) of S. 63 the Central Government framed Motor Vehicles (National Permits) Rules, 1975. Rule 6 of these Rules, as mentioned above, provides for model condition of nine years, consequence of which is that national permit cannot be granted in respect of motor vehicle which is more than nine years old from the date of its registration and such a permit was to become invalid from the date the vehicle attained the age of nine years, unless it is replaced by new motor vehicle.;