KRIPAL SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed in public interest. The grievance made by the petitioner who happens to be the President of All Tempo and Mini Truck Union in Punjab is that although Section 56 of the Motor Vehicles Act, 1988 read with Rules 62 and 63 of the Central Motor Vehicles Rules, 1989, envisages setting up of 'authorised testing stations' for issue of certificates of fitness in the prescribed forms, the Government of Punjab have not taken any steps whatsoever to allow such authorised testing stations being set up. The result, according to the petitioner, is that all such vehicles as are required to be registered based on such fitness certificates have to necessarily approach the District Transport Officers concerned. Learned counsel appearing for the petitioner argued that the inaction on the part of the State in the matter of setting up of Authorised Testing Stations is not only creating serious problems for the commercial transporters and vehicle owners but is breeding corruption within the Department where such certificates are issued only for a price. The alternative system which the Motor Vehicles Act, 1988 and the Rules envisage, has not been allowed to come up because the same would according to learned counsel break the hegemony of the Motor Vehicle Authorities and reduce their relevance to the trade. The State Government is according to the petitioner dragging its feet and deliberately preventing reforms in the system which will benefit not only the transporters as a community but also streamline working of the Transport Department itself by sharing with 'authorised testing stations' the responsibility of certifying the fitness of vehicles which are being offered for registration in large numbers throughout the region. It will also according to the learned counsel provide to the concerned, a more convenient and efficient mode of obtaining the fitness certificates which are at present entirely monopolized by the authorities under the Act who are not only hard pressed for time but are ill-equipped to carry out proper tests as required under the Act and the Rules. It was in that regard contended that the State Transport Department does not have the requisite infrastructure to carry out the tests that are essential before a vehicle can be certified to be fit as per the norms stipulated for that purpose. Reference was made by learned Counsel for the petitioner to Rule 63(3)(e) of the Central Motor Vehicles Rules, 1989 in support of his submission that 'authorised testing stations' must possess the necessary infrastructure including equipment and apparatus for undertaking tests pertaining to (exhaust gas, engine tuning, engine analysis) smoke emission, brake system, head lights, wheel alignments, compressors, speedometers etc. The Motor Vehicles Department, it is urged, has been issuing fitness certificates without having the said infrastructure and the gadgetry available in the market for testing the relevant parameters. The result is that the fitness certificates issued by the Motor Vehicles Authorities do not actually satisfy the purpose for which the Rules and the Act make suitable provisions and prescribe different tests. This could according to learned counsel be taken care of if 'authorised testing stations' were allowed to come up to undertake the work on scientific and efficient lines without any inconvenience to the owners and the operators who go for testing of the vehicles. A fee in that regard can be stipulated by the State in exercise of the powers vested in it under Section 111 of the Act.

(2.) On behalf of the respondents, it was argued by Mr. Khosla that the State Government have in exercise of the powers vested in it under Section 111 of the Motor Vehicles Act, 1988 issued a recent notification dated 6.5.2009 amending the Punjab Motor Vehicle Rules, 1989 by adding Rule 170(c) to the same. He placed a copy of the said notification on record and contended on the authority of the same that the State Government may authorise a testing station for the purpose of testing headlight beams and brake system of a transport vehicle. The authorised testing station can then issue a certificate regarding the headlight beam and brake system after charging the fee which the Government has stipulated by another notification dated 14.07.2009. The fee for testing of headlight beam has been as per the said notification fixed at Rs. 25/- while the fee for testing of brake system has been stipulated at Rs. 50/- per heavy transport vehicle. For medium transport vehicles and light transport vehicles also, the fee has been similarly stipulated by the said notification. It was contended by Mr. Khosla that although the Government has by introducing Rule 170(c) limited the role of authorised testing stations to passing of only two parameters relevant for the issue of a certificate of fitness, yet it is a beginning in the right direction and that as the Stations would start functioning, testing of other parameters can also be delegated to them.

(3.) Section 56 of the Motor Vehicles Act, 1988, inter alia, provides that a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39 unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government. The fitness certificate thus made essential can be issued by the prescribed authority or by an authorised testing station mentioned in sub-section (2) of Section 56 of the Motor Vehicles Act, 1988. The certificate has to certify that the vehicle complies, for the time being, with all the requirements of the Act and the Rules made thereunder. The provision further stipulates that in case the Prescribed Authority or the authorised testing station refuses to issue such certificate of fitness, it shall supply the owner of the vehicle with its reasons in writing for such refusal. Sub-section (2) of Section 56 of the Act defines an "authorised testing station" referred to in sub-section (1) as under :