Important point
Power of compounding certain offences under Motor Vehicles Act vests with State Govt. u/s 200 M.V. Act but notification in that regard cannot authorise continuation of offence which was permitted to be compounded.

Headnote:Motor Vehicles Act, 1988—Section 200—Composition of certain offences —Notifications issued by certain States permitting continuation of acts which were offence and compounded—Writ challenging notifications—Notification could not authorise continuation of offence which was permitted to be compounded—After compounding the excess load, same cannot be permitted to be carried in concerned vehicle as such carriage would amount to infraction of Section 113 of the Act—Certain States had withdrawn the notification and States which had not yet withdrawn shall do it forthwith.
       Held : Section 200 does not in any way authorize the State Government to permit the excess weight to be carried when on various inspection/detection it is noticed that there is carriage of load beyond the permissible limit. It only gives an opportunity of compounding so that instead of the amounts fixed, lesser amounts can be accepted by the authorised officers. The intention of uploading the excess weight is apparent from a bare reading of the Section 194(1). The liability to pay charge for uploading of the excess load is fixed on one who drives a vehicle or causes a motor vehicle to be driven in contravention of the provisions of Sections 113, 114 and 115. It is to be noted that compounding can be done 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. (Para 5)
       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 payments of the amounts fixed. If permitted to be continued, it would amount to fresh commission of the offence for which the compounding was done. The State Governments which have not yet withdrawn the notifications shall do it forthwith. So far as the practical difficulties highlighted are concerned, it is for the State Governments concerned to make necessary arrangements to ensure that the difficulties highlighted can be suitably remedied by the State Government themselves without in any way overstepping statutory prescriptions. (Para 12)

Judgment

Arijit Pasayat, J.—In this petition under Article 32 of the Constitution of India, 1950 (in short the ‘Constitution’) the petitioners have questioned legality of certain notifications purportedly issued by various States like Punjab and Haryana, Gujarat, Madhya Pradesh, Rajasthan, Orissa, Maharashtra, Karnataka and Uttar Pradesh under the provisions of Section 200 of the Motor Vehicles Act, 1988 (in short the ‘Act’). Stand of the petitioners is that by the notifications certain acts outside the ambit of Section 200 of the Act have been covered, though those were committed in clear violation of mandate of Sections 113 and 114 read with Section 194 of the Act. The notifications have been issued which in effect condone the offence and permit its continuance though legally no such continuation could have been permitted. It is the stand of the petitioners 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 maximun 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 offences under several sections including Section 194.

2. As noted above, stand of the petitioners is that what is permissible is composition of offences punishable under Section 194. It does not, however, permit continuance of the infraction after the compounding. Illustratively it is stated that when any person drives or allows to be driven in any public place any motor vehicle exceeding the specified weight (in terms of Section 113(3) the excess weight has to be off-load at the cost of the transporter. But in essence notifications issued by State Government permit carriage of the excess weight after compounding.

3. The Union of India in its response has pointed out that when several notifications issued by various State Governments were brought to the notice of the Central Government, it resulted in anxious consideration by the officials of the Central Government. Several meetings were called and the State Governments were given suitable directions for withdrawal/modification of the notifications. Some of the States to who notices were issued in the present case have filed counter-affidavits while others have orally submitted about action taken by them, on the basis of the discussions held at the meeting with the Central Government officials. We shall deal with the individual cases later on.

4. Sections 113, 114, 194 and 200 read as follows:

“113. Limits of weight and limitations on use—(1) The State Government may prescribe the conditions for the issue of permits for [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.

(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer-

(a) the unladen weight of whic

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2005 Supreme(SC) 1462

Important pointPower of compounding certain offences under Motor Vehicles Act vests with State Govt. u/s 200 M.V. Act but notification in that regard cannot authorise continuation of offence which was permitted to be compounded.

Cases Referred (1)

Important point
Power of compounding certain offences under Motor Vehicles Act vests with State Govt. u/s 200 M.V. Act but notification in that regard cannot authorise continuation of offence which was permitted to be compounded.