9911796707
|
Home
Issues Involved:
1. Validity of Rule 134-A of the Madras Motor Vehicles Rules. 2. Validity of Rule 160-C of the Madras Motor Vehicles Rules. 3. Delegation of powers by the Regional Transport Authority to the Secretary. 4. Legislative competence of the Central Legislation regarding Rule 160-C. 5. Reasonableness of restrictions under Article 19(1)(g) of the Constitution of India. Detailed Analysis: 1. Validity of Rule 134-A of the Madras Motor Vehicles Rules: The petitioner questioned the validity of Rule 134-A, arguing that it ceased to have force under sub-section (4) of Section 93, Government of India Act, 1935, after two years from the date of the proclamation. The court clarified that the rules were made by the Governor in the exercise of the powers of the executive government, not the Provincial Legislature, and therefore, Section 93(4) did not apply. Consequently, the rules continued to have force unless repealed or otherwise ceased to have effect. The court also rejected the argument that the rules were repugnant to the Constitution, stating that under Article 372, the rules continued to be in force until altered by a competent authority. 2. Validity of Rule 160-C of the Madras Motor Vehicles Rules: The petitioner argued that Rule 160-C was beyond the legislative competence of the Central Legislation, as it enforced the collection of tax due under the Motor Vehicles Taxation Act, 1931, and imposed a punishment by way of canceling the permit if the tax was not paid. The court held that the 'pith and substance' of the rule was to regulate and control the plying of motor vehicles, which fell within the Union Legislature's power under Item 35 of the Government list. The rule did not encroach upon the State field and was therefore valid. 3. Delegation of Powers by the Regional Transport Authority to the Secretary: The petitioner contended that the Regional Transport Authority could not delegate its judicial functions to the Secretary. The court clarified that under Section 44(5) of the Act, the Regional Transport Authority was empowered to delegate its functions to another authority or person as prescribed by the rules. Rule 134-A allowed such delegation for prompt and convenient dispatch of business. The court found no abdication of legislative functions and held that the delegation was valid. 4. Legislative Competence of the Central Legislation Regarding Rule 160-C: The court examined whether Rule 160-C encroached upon the State Legislature's exclusive field. It concluded that the rule's 'pith and substance' was to control and regulate the plying of motor vehicles, a subject within the Union Legislature's competence. The rule did not provide for the imposition or collection of tax or punishment for non-payment, but merely ensured that the service run in the public interest was not interrupted by proceedings under the Motor Vehicles Taxation Act. Thus, the rule was within the legislative competence of the Central Legislation. 5. Reasonableness of Restrictions Under Article 19(1)(g) of the Constitution of India: The petitioner argued that Rule 160-C imposed an unreasonable restriction on the right to carry on business. The court held that the restriction was reasonable and in the interest of the general public. The tax collected under the Motor Vehicles Taxation Act was necessary for maintaining roads and facilitating motor traffic. The rule ensured that permit holders paid their taxes, thereby preventing interruptions in motor services due to tax-related proceedings. The court found no unreasonable restriction on the fundamental right to carry on business. Conclusion: The court dismissed both petitions, upholding the validity of Rules 134-A and 160-C of the Madras Motor Vehicles Rules. It found that the delegation of powers by the Regional Transport Authority to the Secretary was valid, the Central Legislation had the competence to make Rule 160-C, and the restriction imposed by Rule 160-C was reasonable and in the public interest. The petitions were dismissed with costs in Writ Petition No. 271 of 1952.
|
