Local Panchayat bodies lack jurisdiction to register vehicles required to be registered under the Motor Vehicles Act, 1988, and motorized rickshaw vans with engine capacity exceeding 35 cubic centimeters fall within the definition of "motor vehicle" under the Act.

Biswanath Somadder, J.

1. Let the affidavit filed on behalf of the Transport Department, Government of West Bengal, in response to the statements contained in the report in the form of an affidavit filed earlier on behalf of the Panchayats and Rural Development Department, Government of West Bengal, be kept on record.

2. The petitioners have stated to be stage carriage operators who render service to commuters by plying their vehicles on various routes in the district of Hooghly for which permits have been issued to them under the Motor Vehicles Act by the appropriate authority. They have approached this Court being 2 aggrieved by the decision taken by the State Government, as communicated to the District Magistrate, Hooghly, by a memo dated 28th November, 2013, issued by the Special Secretary to the Government of West Bengal, Department of Panchayats and Rural Development.

3. The impugned memo dated 28th November, 2013, concerns issuance of licence to motorised rickshaw vans. The contents of the impugned memo dated 28th November, 2013, in its entirety, is reproduced herein-below:

"I am directed to state that the matter of issuing of licenses to Motorised Rickshaw-Vans has been under active consideration of the State Government for quite some time. The Group of Ministers on Transport has recently recommended that the motorised rickshaw-vans running in the rural areas of West Bengal be brought under the regime of licenses for appropriate regulation in the interest of the passengers and members of public at large. Since the Hon'ble Chief Minister has approved the said recommendation of the Group of Ministers and Minister-in-Charge, Transport and Sports Department, Government of West Bengal has requested this Department to take necessary action in this respect, I am directed to convey the following direction of the State Government for granting license to the motorised rickshaw-vans plying within the Panchayat areas.

1. Licenses will be issued to all the motorised rickshaw vans operating in the rural areas.

2. An annual fee of Rs. 500/- (Rupees five hundred) only will be charged as license fee by the Panchayat bodies of the appropriate level.

3. The motor vans which will run within the area of a Gram Panchayat will be licensed by that Gram Panchayat.

4. The motor vans which will run from one Gram Panchayat to another but within the jurisdiction of a Panchayat Samiti will be licensed by the Panchayat Samiti concerned. 3

5. The motor vans which will run from one Panchayat Samiti to another will be licensed by the Zilla Parishad.

6. The Gram Panchayat, Panchayat Samiti and Zilla Parishad will incorporate the same in their Bye-laws."

4. According to the petitioners, the Panchayat bodies have no jurisdiction under the Panchayat Act or the Rules framed thereunder to make registration of any motor vehicle or vehicle, which is registrable under the Motor Vehicles Act, 1988. It is the specific contention of the learned advocate appearing on behalf of the petitioners that in terms of section 21(1)(d) of the West Bengal Panchayat Act, 1973, one of the regulatory duties of a Gram Panchayat is to make registration of a vehicle, but such vehicle has to be other than a vehicle which is required to be registered under the Motor Vehicle Act, 1988. He submits that the endeavour of the State Government to grant licence for motorised rickshaw vans by the local Panchayat bodies tantamounts to taking away the statutory power conferred exclusively upon the registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988. He further submits that the motorised rickshaw vans, which are sought to be granted licence by the State Government from the local Panchayat bodies, all fall within the statutory definition of the expression "motor vehicle" or "vehicle" as defined under subsection (28) of section 2 of the Motor Vehicles Act, 1988 (as amended till date). It is his specific case that all motorised rickshaw vans a