EMPEROR Vs. JDSHERSTON BAKER

JUDGEMENT

(1.) The applicant in this case was charged with having caused his motor oar to be driven along the Queen's Road on the 27 May 1921, without having re-registered the same for the year 1921, in contravention of Rule 6(1)(a) of the Bombay Motor Vehicle Rules, 1915, as amended by the Rules published on the 18 December 1918. The applicant contended that the said Rule as amended was and is ultra, vires of the powers conferred on the Local Government by Secs.10 and 11 of the Indian Motor Vehicles Act, 1915, and that the same was invalid and of no effect. The Third Presidency Magistrate, however, convicted the applicant under the said amended rule and sentenced him to pay a fine of one rupee. The applicant has applied to us under our revisional powers to set aside the conviction and sentence. The learned Magistrate has given no reasons for his decision.

(2.) Section 10 of the Act provides that (1) the owner of every motor vehicle shall cause it to be registered in the prescribed manner, and (2) that such registration shall be valid in such area as may be specified in the certificate of registration; and by Section 11, the Local Government, subject to the condition of previous publication, shall make rules for the purpose of carrying into effect the provisions of the Act and of regulating, in the whole or any part of the territories under its administration, the use of motor vehicles or any class of motor vehicles in public places. By Sub-section (2) in particular, and without prejudice to the generality of the foregoing powers, the Local Government may make rules for all or any of the following purposes, which are detailed in the headings (a) to (i). Under (a) rules may be made providing for the registration of motor vehicles, and the conditions subject to which such vehicles may be registered, the fees payable in respect of and incidental to registration, the issue of certificates of registration, the notification of any changes of ownership, and (subject to the provisions of Section 10) the area in which certificates of registration shall be valid.

(3.) Rule 6 of the Bombay Motor Vehicles Rules, 1915, framed by the local Government under its powers given by Section 11 of the Act provided that subject to the provisions contained in Sub-rule (2) of Rule 13, no motor vehicle should be used unless it had been first registered by the registering authority, and any motor vehicle which had already been registered under the Act did not need to be re-registered.