TMI Blog2005 (11) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ners that under the Act and the Rules made thereunder the maximum gross weight of the vehicles, more particularly, transport vehicles have been fixed. Both under the Motor Vehicles Act, 1939 (in short the 'Old Act') and the Act maximum gross weight for each axle of a truck in relation to the size and number of tyres fitted therein is prescribed. The Ministry of Surface and Transport was empowered by the Old Act and the Act to specify maximum gross weight and maximum weight of transport vehicles. Chapter VII of the Act deals with construction, equipment and maintenance of motor vehicles. Section 110 empowers the Central Government to make Rules in respect of several matters. Power has also been conferred to make Rules under Section 111. As a part of Chapter VII under the heading Control of Traffic the limits of weight and limitations on use have been prescribed under Section 113. Section 114 deals with the powers to have vehicle weighed. Section 194 makes driving of vehicles exceeding permissible limit an offence and consequences of contravention of the provisions contained in Sections 113, 114 and 115 have been set out. Section 200 deals with composition of certain offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wledge of or under the orders of the owner of the motor vehicle or trailer. 114. Power to have vehicle weighed : (1) Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reasons to believe that a goods vehicle or trailer is being used in contravention of Section 113 require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometers from any point on the forward route or within a distance of twenty kilometers from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of Section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle over trailer from that place until the laden weight has been reduced or the vehicle or trailer otherwise been dealt with so that it complies with Section 113 and on receipt of such notice, the driver shall comply with such directions. (2) Where the person authorized under sub- section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one either before or after the institution of the prosecution in respect of the enumerated offences. Any notification which runs counter to the clear import of Section 194 has no validity. As rightly submitted by learned counsel for the petitioners after compounding the excess load, same cannot be permitted to be carried in the concerned vehicle. Such carriage would amount to infraction of Section 113 of the Act. The object for which the maximum permissible weights have been fixed is crystal clear. On a perusal of the provisions it is clear that the maximum gross weight (in short 'GVB') of the trucks is 16.2 tonnes which enables loading of about 9 tonnes. The load rating is primarily based on the road design, specifications of Indian roads. Rule 95(2) of the Central Motor Vehicles Rules, 1989 (in short 'the Central Rules') prescribes the principles which cover the fixation of GVB of the vehicles. The same reads as follows:- Rule 95(2): The maximum gross vehicle weight and the maximum safe axle weight of each axle of a vehicle shall, having regard to the size, nature and number of types and maximum weight permitted to be carries by the types as per sub-rule (1), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the States submitted that the system of issuing cards/passes has been discontinued. However, it was submitted that offloading excess weight from large number of vehicles creates traffic problems and several other practical problems which according to them need to be addressed. The State of Gujarat has stated that though a system of special token was introduced, the same has been withdrawn after the discussion with the Central Government officers. It has been so stated in the counter-affidavit filed. Learned counsel for the State of Haryana has stated that though the counter affidavit has not been filed the notification which was earlier issued has been withdrawn. Learned counsel for the State of Orissa submitted that though there was earlier a scheme in operation the same has been withdrawn after discussion with Central Government officials on 13.10.2003. Learned counsel for the State of Maharashtra submitted that notification dated 24.6.1996 has been issued and at serial no.19 the limits of compounding charges have been indicated. It is, however, fairly accepted that the object of fixing the maximum weights has not been specifically taken care of. It was assured that proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and authority to compound the offence and call upon the accused to pay the same. On compliance thereof, the proceedings, if already instituted, would be closed or no further proceedings shall be initiated. It is a matter of volition or willingness on the part of the accused either to accept compounding of the offence or to face the prosecution in the appropriate court. As regards canalisation and prescription of the amount of fine for the offences committed, Section 194, the penal and charging section prescribes the maximum outer limit within which the compounding fee would be prescribed. The discretion exercised by the delegated legislation, i.e., the executive is controlled by the specification in the Act. It is not necessary that Section 200 itself should contain the details in that behalf. So long as the compounding fee does not exceed the fine prescribed by the penal section, the same cannot be declared to be either exorbitant or irrational or bereft of guidance. It is indisputable that the power of compounding vests with the State Government, but the notification issued in that regard cannot authorize continuation of the offence which is permitted to be compounded by ..... 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