TMI Blog2013 (5) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... rities must ensure that `Jugaad can be plied only after meeting the requirements of the Act. The same has become a menace to public safety as they are causing a very large number of accidents. Jugaads are not insured and the owners of the `Jugaad generally do not have the financial capacity to pay compensation to persons who suffer disablement and to dependents of those, who lose life. Thus, considering the gravity of the circumstances, the statutory authorities must give strict adherence to the circular by the Central Government. court clarify that it is open to the statutory authorities to make exemptions by issuing a notification/circular specifically if such a vehicle is exclusively used for agricultural purposes but for that sufficient specifications have to be provided so that it cannot be used for commercial purposes. - SPECIAL LEAVE PETITION (C) No.3265 of 2012 - - - Dated:- 10-5-2013 - CHAUHAN, B.S (DR) AND KALIFULLA, FAKKIR MOHAMED IBRAHIM, JJ. O R D E R 1. Originally this petition had been filed challenging the judgment and order of the Rajasthan High Court dated 21.9.2011 passed in S.B. Civil Misc. Appeal No. 480 of 2001, wherein the complete liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the provisions of Section 2(28) of the Act. The State of Karnataka has submitted the vehicle like Jugaad was not in existence in the State. 4. It has further been pointed out by learned counsel for the parties that enforcement of the provisions of the Act and the rules framed under it, come within the jurisdiction of the State Governments. Therefore, they must be directed to ensure strict compliance of the said provisions of the Act. It has also been pointed out by Shri Siddharth Luthra, learned ASG that a letter dated 19.7.2012 was sent by the Director (RT) of the Ministry of Road Transport Highways, Government of India, to all the State Authorities to ensure compliance of the statutory provisions of the Act and the rules. 5. Shri Manish Singhvi, learned senior counsel appearing for the State of Rajasthan has submitted that the government of Rajasthan has examined the matter and decided to prohibit the plying of Jugaad on the roads completely. Such a vehicle cannot be used for any commercial purpose, without being registered and duly insured and in compliance with the other statutory requirements. However, the State Government carved out an exception that farmer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It sets out principles for an expanding future and is intended to endure for ages to come and consequently to be adopted to the various crisis of human affairs. . . . A constitutional provision must be construed not in a narrow and constricted sense but in a wide and liberal manner so as to anticipate and take account of changing conditions and purposes so that a constitutional provision does not get fossilized but remains flexible enough to meet the newly emerging problems and challenges. 10. Accordingly, in State of U.P. Ors. v. Jeet S. Bisht Anr., (2007) 6 SCC 586, even though the matter was referred to another Bench, owing to a split decision-Justice S.B. Sinha aptly described the modern understanding of the separation of powers thus: Separation of power in one sense is a limit on active jurisdiction of each organ. But it has another deeper and more relevant purpose: to act as check and balance over the activities of other organs. Thereby the active jurisdiction of the organ is not challenged; nevertheless there are methods of prodding to communicate the institution of its excesses and shortfall in duty. . . .Separation of power doctrine has been reinvented in mode ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be treated as the law declared by this Court under Article 141 of the Constitution. 14. Providing further reinforcement to the Article 32 jurisprudence, in Vineet Narain v. Union of India, AIR 1998 SC 889, this Court noted that the issuance of guidelines and directions, in the exercise of the powers under Articles 32 and 142, has become an integral part of our constitutional jurisprudence. It also pointed out that such an exercise of powers was absolutely necessary to fill the void in areas with legislative vacuum. In addition, the Court noted: As pointed out in Vishaka (supra), it is the duty of the executive to fill the vacuum by executive orders because its field is co-terminus with that the legislature, and where there is inaction even by the executive for whatever reason, the judiciary must step in, in exercise of its constitutional obligations under the aforesaid provisions to provide absolution till such time as the legislature acts to perform its role by enacting proper legislation to cover the field. On this basis, we now proceed to give the directions enumerated hereafter for rigid compliance till such time as the legislature steps in to substitute them b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct procedures relating to grant of driving licenses and period of validity thereof; standards of anti-pollution control devices; provisions for issuance of fitness certificates of vehicles and provision for enhancing compensation in case of no fault liability and in hit and run vehicular accidents and also maintenance of State register for driving licenses and vehicles registration. 19. Section 2(2) of the Act defines articulated vehicle which means a motor vehicle to which a semi-trailer is attached; Section 2(34) defines public place; Section 2(44) defines `tractor as a motor vehicle which is not itself constructed to carry any load; Section 2(46) defines `trailer which means any vehicle, other than a semi- trailer and a side-car, drawn or intended to be drawn by a motor vehicle. Section 3 of the Act provides for necessity for driving license; Section 5 provides for responsibility of owners of the vehicle for contravention of Sections 3 and 4; Section 6 provides for restrictions on the holding of driving license; Section 56 provides for compulsion for having certificate of fitness for transport vehicles; Section 59 empowers the State to fix the age limit of the vehicles; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lder of a goods carriage permit may use the vehicle for drawing any trailer. Therefore, under the M.V. Act, 1988, the Parliament has kept in mind the existence of a vehicle classifiable as tractor-trailer Section 2(28) is a comprehensive definition of the words motor vehicle . Although, a trailer is separately defined under Section 2(46) to mean any vehicle drawn or intended to be drawn by motor vehicle, it is still included into the definition of the words motor vehicle under Section 2(28). Similarly, the word tractor is defined in Section 2(44) to mean a motor vehicle which is not itself constructed to carry any load. Therefore, the words motor vehicle have been defined in the comprehensive sense by the legislature. Therefore, we have to read the words motor vehicle in the broadest possible sense keeping in mind that the Act has been enacted in order to keep control over motor vehicles, transport vehicles etc. A combined reading of the definitions under Section 2, .. shows that the definition of motor vehicle includes any mechanically propelled vehicle apt for use upon roads irrespective of the source of power and it includes a trailer. Therefore, even though a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cles mentioned in sub-section (2) of the said Section. The definition clause in Section 2 of the Act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of Section 10. They are 'goods carriage', 'heavy goods vehicle', 'heavy passenger motor vehicle', 'invalid carriage', 'light motor vehicle', 'maxi-cab', 'medium goods vehicle', 'medium passenger motor vehicle', 'motor-cab', 'motorcycle', 'omnibus', 'private service vehicle', 'semi- trailer', 'tourist vehicle', 'tractor', 'trailer' and 'transport vehicle'. 24. The Allahabad High Court in Writ Tax No. 573 of 2011- Kishun Ram v. State of U.P. Ors., held that Jugaad was squarely covered under the definition of motor vehicles as specified under Section 2(28) of the Act, since it was mechanically propelled adapted for use on road and hence other relevant provisions of the Act/rules were applicable. The Court further directed that as the said vehicle did not comply with the provisions of the Act/Rules, the seizure effected by the U.P. authorities cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reason, that actual user for a particular purpose, is no criteria to decide the name. Definition of motor vehicle takes within its ambit, a dumper and tractor. Tractor which is used basically for agricultural purpose and a dumper is used in the factory premises, can suitable be adapted for being used on the road, therefore, they will meet the requirement of definition of motor vehicle under Section 2(28) of the Act. The word `only used in Section 2(28) of the Act clearly shows that the exemption is confined only to those kinds of vehicles which are exclusively being used in a factory or in any closed premises. Thus, a vehicle which is not adapted for use upon the road, is only to be excluded. 29. However, Shri S.C. Maheshwari, learned senior counsel appearing for the applicant could not satisfactorily reply as under what circumstances, if the tractor which is exclusively used for agricultural purpose, does require registration and insurance and driver also require a driving license, why the same provisions would not apply in case of `Jugaad . 30. Jugaad does not require the permit, insurance or a driving licence for its driver. There is no specification for its body. It do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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