K. JOY Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner has purchased the chassis of a heavy goods vehicle from Ashok Leyland as per Ext. P1 sale certificate dated 26-12-2003. The said vehicle was given temporary registration on the very same day as per Ext. P2. The petitioner built a body on it and thereafter moved the respondent to register the said vehicle by submitting Ext. P3 application on 21-06-2004. In the meantime, Ext. P4 amendment was introduced to R.98 of the Central Motor Vehicles Rules by incorporating a new sub-r.(5) for the said rule. It reads as follows:

(2.) I heard the learned Government Pleader for the respondent also. The point to be decided is whether the cut off date given in sub-r.(5) of R.98 will apply to manufacturing of vehicles or registration of vehicles. If no vehicle could be registered after 01-05-2004, which is not fitted with power steering gear, petitioner's application is liable to be rejected. If the said cut off date applies only to manufacturing, the petitioner is entitled to succeed. R.98 has been framed in exercise of the power conferred on the Central Government under S.110(c). The said Section comes under Chap.7 of the Motor Vehicles Act dealing with construction, equipments and maintenance of motor vehicles. Sub-section 3 of S.109 empowers the Government to issue a notification in public interest, notifying that any article or process used by the manufacturer shall conform to such standards as may be specified in that order. In exercise of power under S.110, the provisions in Chap.5 of the Central Motor Vehicles Rules have been framed. sub-r.4 of R.98 reads as follows: