Document Fragment View

Matching Fragments

8. The learned Counsels for the Petitioners contends that under Section 64(b) and (c) of the Motor Vehicles Act, 1988, (hereinafter referred to as 'the MV Act') it is the Central Government which is vested with the power to make Rules with respect to registration of vehicles and that the power of the State Government is contained under Section 65 of the MV Act, under which the State Government does not have any power with regard to the registration of vehicles. Hence, it is submitted that the Petitioners having submitted all relevant documents as contemplated under the Notification dated 26.8.2021 issued by the Government of India and the Petitioners having demonstrated that their employers have branches in four States, the reliefs sought in the Writ Petition are liable to be granted. The learned Counsels further relied upon the letter dated 2.12.2021 issued by the MORTH, Government of India to the Jurisdictional Commissioners of the State requesting for implementation of the Notification dated 26.8.2021 since grievences from the public were received in this regard. The learned Counsel for the petitioner in WP No.683/2022 further submitted that in respect of similarly placed persons, the jurisdictional authorities of the State have registered the vehicle under BH-Series. The learned Counsel for the petitioner in WP No.2153/2022 submitted that Article 256 of the Constitution of India clearly stipulates the obligation of the States and the Union visa-a-vis the laws made by the Parliment and the executive power of the Union to give any such directions to a State for the compliance of such laws. Hence, the learned counsels seek for granting of the reliefs sought for in the Writ Petitions.

(2) Without prejudice to the generality of the foregoing power, such rules may provided for -

xxx

16. It is clear from the aforementitoned that, as per Section 64 of the MV Act, the Central Goverment is empowered to make rules regarding registration of vehicles. The power under Section 65 of the MV Act specifies that, the State Government is entitled to make rules for the purpose of carrying into effect various aspects except matters specified in Section 64 of the MV Act. The power enumerated under Section 65 of the MV Act do not entitle the State to make any Rules/stipulation regarding registration of vehilces. Under the circumstances, it is clear that the Transport Authorities of the State cannot in any manner restrict the compliance in entiriety of the Central Motor vehicles (twentieth Amendment) Rules, 2021 which has been issued vide notification dated 26.08.2021. Further, the MORTH having noticed that the same has not been implemented in certain States had issued a communicaton dated 02.12.2021 requesting implementaion of the notification dated 26.08.2021. The MORTH is fully competent to issue such a communication as is evident from Article 256 of Constituiton of India and it is incumbent on the Transport Authorities of the State to follow the same.