JUDGMENT - (1) In this petition a union of Auto-rickshaw owners and an auto-rickshaw driver challenge the orders dated 27th June 1965, 14th July 1965, and 5th November, 1965. passed by the Director of Transport, the respondent No. 1 compelling the petitioner No. 2 and other auto-rickshaw owners and drivers to affix taxi meters to their auto-rickshaws plying in Poona City. The original notification under which these subsequent orders were issued was published in the Maharashtra Government Gazette, Poone Division, Part I, dated 21st October, 1965, notification No. 4735/5-O/fare meter/POR at page 1392 of the Gazette. That was a general notification under rule 129 (1) of the Bombay Motor Vehicles Rules, 1959, notifying that no contract carriage permits to ply auto-rickshaws for hire or reward within the Cities of Poona, Kolhapur, Sholapur, Karad Miraj and Sangli and the environs thereof, shall be granted unless such auto-rickshaws are fitted with an approved type of fare meter. Curiously enough the petitioners do not challenge this notification but merely the subsequent orders issued implementing this notification.

(2) Three points have been raised by Mr. Adik on behalf of the petitioners. The first is that auto-rickshaws are not "motor cabs" within the meaning of the definition in section 2(15) of the Motor Vehicles Act. "Motor cab" is defined in that section to mean "any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver, for hire or reward". The auto-rickshaw of the petitioner No. 2 has been granted a permit which limits the number of passengers to be carried to two only. He, therefore, says that his auto-rickshaw will not fall within the definition of "motor cab" in section 2 (15).

(3) The proper ambit of the definition of "motor cab" may be clarified if one considers the definition of "motor vehicle" in section 2(18) of which "motor can" is only a species. "Motor vehicle" is defined to mean "any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a tailer;" There are certain vehicles expressly excluded with which we are not here concerned. It is thus clear that a motor can is a motor vehicle except for the fact that it is constructed, adapted or used to carry not more than six passengers for hire or reward. The limitation laid down in the permit granted to the petitioner No. 2 is that he shall not carry more than two passengers. If he were permitted even to carry more than two passengers upto six passengers the vehicle will still be classed as a motor cab. Therefore the limitation of passengers to two only would bring the vehicle all the more within the definition of motor cab. In our opinion, an auto-rickshaw clearly falls within the definition of motor cab under the Motor Vehicles Act.

(4) Then we come to the second contention which is based upon R. 129, sub-rule (1) of Rule 129 prescribes that a Regional Transport Authority may by notification in the Official Gazette require that within the limits of such area as may be specified in the notification all motor cabs or any class of motor cabs shall be fitted with taxi-meters. Mr. Adik urged that the word used in this sub-rule is "taxi-meter" and that implies therefore that the Rule was intended to apply to "motor cars" only within the definition contained in section 2 (16) of the Motor Vehicles Act. "Motor car" is defined to mean "any motor vehicle other than a transport Vehicle, omnibus, road roller, tractor motor cycle or invalid carriage."

(5) Now no doubt the word "taxi meter" has been used in Rule 129(1), but the word is nowhere defined in the Act or the Rules and, therefore, was used in the ordinary acceptance of that word in the English language. The meaning of the word "Taximeter" in the Concise Oxford Dictionary is "Automatic device fitted to cab and indicating

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