- (1.) THE main question involved in this Writ Petition is whether the provisions of Rule 88 of the Central Motor Vehicles Rule's, 1989 are illegal and invalid and it is not disputed that while the petition shall succeed if the question is answered affirmatively, a negative answer would warrant dismissal of the Petition.
(2.) SECTION 59 of the Motor Vehicles Act, 1988, empowers the Central Government to prescribe age limit of motor vehicles. Rule 88 of the Central Motor Vehicles Rules, 1989 has accordingly provided that "no national permit shall be granted in respect of a goods carriage which is more than nine years old" and under Sub-Rule (2) and the explanation thereto, such period of nine years, "shall be computed from the date of initial registration of the goods carriage concerned" and the "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" With Section 59 of the Act staring at the face authorising the Central Government to specify or prescribe age limit, it is difficult to find anything wrong in the impugned Rule 88; but Mr. Bassu, learned Counsel for the petitioner, thinks that he has found one infirmity and, in his view, the infirmity alleged by him is bad enough to in validate the Rule.
(3.) THE contention of Mr. Basu is that, even conceding that Rule 88 can be framed by the Central Government in exercise of the powers conferred by Section 59 of the Act, the Rule in_fact must be taken not to have been made in exercise of such power, as would clearly appear from the notification being No. G. S. R. 590 (E), dated 2nd June, 1 989, where under the Central Motor Vehicles Rule, 1989, have been promulgated. The relevant portion of the Notification reads thus : - "in exercise of the powers conferred by Section 12, 27, 64, Sub-Section (14) of Section 88, Sections 110, 137, 164 and 208 read with 211 of the Motor Vehicles act, 1988 (59 of 1988,), the Central Government hereby makes the folio wing: Rules" It is true, as urged by Mr. Basu, that the Notification does not specifically refer to Section 59. It, however refers to Section 64 which empowers' the Central Government to make Rules to provide for the matters specified in the various clauses of Section 64 and the residuary clause (p)empowers the Central Government to. make Rules to provide for "any other matter. which is to be, or may be, prescribed by the Central Government". Now if section 59 authorises, as it does, the Central Government to specify or prescribe the age limit of a motor vehicle, then there should be no reason why such specification or prescription cannot be made in exercise of the powers conferred by clause (p) of section 64 and it is not, as it can not be disputed that the aforesaid Notification dated 2nd June, 1989, specifically refers to Section 64.;