- (1.) By this writ petition, a challenge is made to Rule 7.14A under Chapter VII of the Rajasthan Motor Vehicles Rules, 1990 (in short the 'Rules of 1990'), as amended by the Notification dated 15.2.2005.
(2.) Learned counsel for the petitioner Shri Bharat Vyas submits that by way of amendment in the rules, the definition of "Sleeper Coach" has been given, which is beyond the competence of the State Government. As per the definition given under the amended rule, a sleeper coach means a motor vehicle covered by a tourist permit. The use of the word "Tourist Permit" compels every vehicle to get tourist permit and necessarily a registration for it. The subject of registration of a motor vehicle cannot be legislated by the State Government. It is in the domain of the Central Government. In view of the above, amending Rules of 2005 are without authority of law thus, it deserves to be struck down.
(3.) A reference of Rule 47 of the Central Motor Vehicles Rules, 1989 (in short the 'Rules of 1989') has been given which provides for application for registration of motor vehicle. The Central Government, by exercising its powers under section 64 of the Motor Vehicles Act, 1988, (In short the 'Act of 1988'), framed the Rules for registration. A reference of Section 65 has also been given to show as to what power remains with the State Government to frame the Rules. Section 65 of the Act of 1988 gives power to State Government to frame Rules on the subjects other than covered by Section 64 of the Act. The State Government could not have legislated for registration of vehicle as tourist vehicle or to obtain tourist permit. By virtue of the amended provision, a compulsion has been made for a motor vehicle to be covered by a tourist permit.;