Case: REGIONAL TRANSPORT OFFICER Vs. K. JAYACHANDRA ETC

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. 28. The object and the clear intent of amended section 52 is that the vehicle cannot be so altered that the particulars contained in the certificate of registration are at variance with those ?originally specified by the manufacturer?. The manufacturer issues sale certificate in Form 21 which has been framed under Rule 47(1)(a) of the Central Rules. Rule 47(1)(a) is extracted hereunder : ?47.Application for registration of motor vehicles.-- (1) An application for registration of a motor vehicle shall be made in Form 20 to the registering authority within a period of 1[seven days] from the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by-- (a) sale certificate in Form 21;? 29. The particulars are to be specified by the manufacturer. An application for registration of the motor vehicle has to be filed in Form 20. It has to accompany a sale certificate issued by the manufacturer or dealer etc. as the case may be as provided in Rule 47(1)(a) and (d). Form 20 is extracted hereunder: chart 30. Form 21 as provided in Rule 47(a) and (d) contain sale certificate issued by the manufacturer same is extracted hereunder: chart 31. The certificate of registration has to be issued in Form 23 as provided in Rule 48 of the Central Rules. Rule 48 deals with the issue of the certificate of registration under Rule 47. Rule 48 is extracted hereunder : ?48. Issue of certificate of registration.-- On receipt of an application under rule 47 and after verification of the documents furnished therewith, the registering authority shall, subject to the provisions of section 44, issue to the owner of the motor vehicle a certificate of registration in Form 23 or Form 23A, as may be specified in the Notification issued by the concerned State Government or Union Territory Administration [within the period of thirty days from the receipt of such an application]: [Provided that where the certificate of registration pertains to a transport vehicle it shall be handed over to the registered owner only after recording the certificate of fitness in Form 38 [within the period of thirty days from the date of receipt of such an application].]? 32. 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 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. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration. 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. 33. In our considered opinion the Division Bench in the impugned judgment of the High Court of Kerala 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. Authorities to act accordingly.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]17. The Division Bench of the High Court in the impugned judgment has opined that alteration is not totally prohibited. More so, in view of Rules 96 and 103 of the Kerala Rules, the Registering Authority is competent to consider roadworthiness and safety of the vehicle and it cannot be rendered a mechanical exercise. It is not only to verify as to whether the measurement conforms to the prototype test etc. The Rules provide for the dimensions of the vehicle. Rule 93 is not an enabling provision to make prototype certification. Rule 47(1)(g) of the Central Rules contemplates on road-worthiness certificate in Form 22 from the manufacturers and in Form 22A from the bodybuilders for applying for registration of the motor vehicles. The body can be built on a chassis in compliance with the provisions of the Motor Vehicles Act and the Rules framed thereunder. The manufacturer or the authorities specified under Rule 126 do not provide for any prescription as to the dimensions or nature of the body that is to be built on the chassis. The writ petitions have been allowed and orders passed by the Registering Authorities have been quashed.It has been observed that the Rules deal in minute details with the construction and maintenance of the vehicle. Rules also deal with the safety of other users on the road. If some individual interest is likely to suffer, such individual interest must give way to the larger public interest.It has been observed by the High Court of Madras that an alternation in the vehicle is not permissible which may be at variance with the particulars contained in the certificate of registration which contains vital particulars of the vehicle and the permissible changes or modifications and which do not result in change in the basic feature, need not be considered as alternation within the meaning of section 52 of the Amended Act.The decision in the case of K.S. Rajesh Kumar v. The Additional Registering Authority of Kerala High Court delivered on 1.2.2010 has also been referred to wherein the question of alteration in the vehicle came up for consideration. The passenger vehicle was purchased as defined in section 2(17) of the M.V . Act. The petitioner wanted to convert the same into the vehicle that could be used as a cinema outdoor unit by fixing a generator set therein. The Court held that the petitioner has not made any alteration to either the chassis or the body of the vehicle as the manufacturer has manufactured only the chassis of the vehicle and not its superstructure. In place of the seats meant for passengers, the petitioner was fitting only a generator which alteration was permissible. There was no violation of the provisions of section 52.The decision in Mohd. Javeed v. Union of India & Ors. (2001) 9 ALD 88 = 2009 1 ALT 507  has also been referred by the learned amicus curiae. In the said case chassis were changed. The Court held that the chassis is the base frame of a motor vehicle and no doubt is an important feature of the vehicle. Whether the change of the chassis would amount to change in the structure of the vehicle. The replacement became necessary on account of the accident. There was no other change in the structure of the vehicle. It was held that section 52(3) enables the owner of the vehicle to replace the engine of the vehicle but the factum of replacement has to be reported to the Authority within 14 days. On the same analogy, the Court held that the chassis was changed by the manufacturer with the approval of the insurance company and the bank and change became necessary due to the damage caused to the chassis owing to the accident. Thus the refusal of registration was held to be bad in law and set aside. In fact, there was no change of chassis except the replacement in the said case.In our considered opinion the Division Bench in the impugned judgment of the High Court of Kerala 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. Authorities to act accordingly.