Motor Vehicles Act, 1988:
s. 52 (as amended by Act 27/2000) – Alteration in motor vehicle – Permissible limit – Held: The very object of amendment of s. 52(1) is to prohibit alteration of a vehicle – Explanation to s.
52 says that “alteration” means a change in the structure of a vehicle which results in a change in its basic feature – Thus, the alterations which do not change the basic features are outside the purview of alteration – Though the vehicle has to comply with the provisions of the Motor Vehicle Rules, the Rules have to be read as subservient to the provisions of the Act – The High Court has failed to give effect to the provisions contained in s. 52(1) and has emphasized only on the Rules – Central Motor Vehicle Rules, 1989 – r. 126 – Kerala Motor Vehicle Rules, 1989 - rr. 96, 103 and 261. Allowing the appeals, the Court
HELD: 1. The very object of the amendment of section 52(1) of Motor Vehicles Act, 1988 by Act 27/2000 is to prohibit alteration of a vehicle as provided including the change of tyres of higher capacity. The amended section 52(1) has specified the extent to which vehicle cannot be altered. A reading of the provisions makes it clear that no vehicle can be altered in a manner where particulars in the certificate of registration are at variance with those “originally specified by the manufacturer”. The proviso to sub-section (1) permits modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery etc., such modification is permissible to be carried out subject to such conditions as may be prescribed. The second proviso to section 52(1) empowers the Central Government to prescribe specifications, conditions for approval, retro-fitment and other related matters for such conversion kits. The Central Government has power to grant an exemption for alteration of vehicles for any specific purpose. Section 52(2) authorizes a State Government to issue a notification and permit any person owning not less than 10 transport vehicles to alter any vehicle owned by him so as to replace the ‘engine’ with an engine of the same make and type, without the approval of the Registering Authority. Section 52(3) provides that where the alteration has been made without the approval of the Registering Authority, obviously the one which is permissible in the motor vehicle, the owner of the vehicle has to report the same within 14 days to make an entry in the particulars of the registration. The provisions of section 52(2), (3), (4) and (5) have to be read harmoniously. The Explanation to section 52 says that “alteration” means a change in the structure of a vehicle which results in a change in its basic feature. The alterations which do not change the basic features are outside the purview of alteration. [Para 27][199-B-G]
2. The vehicle has to comply with the provisions of the Rules contained in Chapter V of the Central Rules as provided in Rule 92(1). Rule 92(1) has to be read as subservient to the provisions contained in section 52 of the 1988 Act and what is prohibited therein to allow the same is not the intendment of the rules contained in the Chapter. Various provisions in Chapter V are additional safeguards to what is prohibited in section 52(1) that is to say, what has been specified originally by the manufacturers and once that has been entered in the particulars in the certificate of registration, cannot be varied. No vehicle can be altered so as to change original specification made by manufacturer. [Para 32][206-F-H]
3. It is provided in Rule 126 of the Central Rules, prototype of every type of vehicle is subject to test. The provisions of Rule
126 intend for fitness of vehicle to be plied on the road by the agencies which are specified therein. Approval and certification of motor vehicles for compliance to these rules shall be in accordance with the AIS: 017-2000. Rule 93 deals with overall dimensions of the motor vehicles such as width, length, height, overhang etc. No doubt about it that the vehicle has to be in conformity with the rules also but Rules cannot be so interpreted so as to permit the alteration as prohibited under section 52(1) of the Act. The alteration under the Rules is permissible except as prohibited by section 52. The specification of the rules would hold good with respect to the matters as not specifically covered under section 52(1) and not specified therein by manufacturer. The emphasis of section 52(1) is not to vary the “original specifications by the manufacturer”. Remaining particulars in a certificate of registration can be modified and changed and can be noted in the certificate of registration as provided in section 52(2), (3) and (5) and the Rules. Under section 52(5), in case a person is holding a vehicle on a hire purchase agreement, he shall not make any alteration except with the written consent of the original owner. [Para 32][207-A-D]
4. In the impugned judgment, the High Court has failed to give effect to the provisions contained in section 52(1) and has emphasized only on the Rules. As such, the decision rendered by the Division Bench cannot be said to be laying down the law correctly. The Rules are subservient to the provisions of the Act and particulars in certificate of registration can also be changed except to the extent of the entries made in the same as per the specifications originally made by the manufacturer. Circular No.7/2006 is also to be read in that spirit. [Para 33][207-E-F]
Avishek Goenka (1) v. Union of India & Anr. (2012) 5 SCC 321 : [2012] 4 SCR 35 – relied on.
R. Ramasamy v. The Secretary, Ministry of Transport, Chennai & Ors. (2009) 1 Mad.LJ 1027; Mohd. Javeed v. Union of India & Ors. (2001) 9 ALD 88 = 2009 1 ALT 507; V.N. Dharmakrishnan v. Deputy
Commissioner of Transport AIR 2006 Mad. 340 –
referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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