The impugned rule, made under S.111(2)(g) of the Motor Vehicles Act, 1988, continued to be in force until repealed or replaced by new rules framed by the Central Government.

Thottathil B. Radhakrishnan, J.

Petitioners are operators of stage carriages as defined in S.2(40) of the Motor Vehicles Act, 1988 (for short "the Act").

2. These Writ Petitions are filed challenging the validity of R.289 of the Kerala Motor Vehicles Rules, 1989, published as per S.R.O.No.1286/1989 (hereinafter referred to as "the Rules").

3. R.289 of the Rules, hereinafter referred to as the 'impugned rule', reads as follows:

"289. Prohibition of audio-visual or radio or tape recorder type of devices:-- No public service vehicle other than a contract carriage shall be installed with any audio-visual devices."

4. O.P.No.10181/2003 was filed in view of the check report issued by the Joint Regional Transport Officer, Kothamangalam stating that the stage carriage KL-17-4506, when stopped and checked, was found fitted with T.V. and stereo and hence, there is violation of R.289 of the Rules. The other Writ Petitions are filed anticipating action for violating the said rule. It is in this context that the petitioners challenge the said rule.

5. The impugned rule, as already noticed, is part of the Kerala Rules, made by the Government of Kerala, in exercise of the powers conferred by Ss.26, 28, 38, 65, 96, 107, 111, 138, 159, 176 and 213 of the Act. Of them, S.111 empowers the State Government to make rules regulating the construction, equipment and maintenance of motor vehicles and trailer with respect to all matters other than the matters specified in sub-s.(1) of S.110. Sub-s.(2) of S.111, at the time of the making of the impugned rule, in so far it is relevant for these cases, read as follows:

"(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:--

xxx xxx xxx xxx

(g) the placement of audio-visual or radio or tape recorder type of devices in the vehicle."

6. After the Kerala Rules came into force in 1989, the Motor Vehicles Amendment Act, 1994 (Act 54/1994) (hereinafter referred to as "the Amending Act") came into force with effect from 14.11.1994. By S.33 of the Amending Act, the afore-quoted Cl.(g) in S.111(2) of the Act was omitted and by S.32 of the Amending Act, Cl.(o) was inserted in sub-s.(1) of S.110 to the following effect:

"(o) The placement of audio-visual or radio or tape recorder type of devices in public vehicles".

7. Thus, on and from the date of coming into force of the Amending Act, i.e. 14.11.1994, the power to make rules regarding the placement of audio-visual or radio or tape recorder type of devices in public vehicles stood conferred with the Central Government to the exclusion of the State Government.

8. The learned counsel for the petitioners argued that the empowering provision available in the form of S.111(2)(g) at the time of making of the impugned rule having been omitted and such rule-making power having been exclusively given to the Central Government to the exclusion of the State Government, by virtue of the inclusion of the said sub-clause in S.110 (1)(o), the impugned rule no more survives. It was next contended that the impugned rule is in excess of the rule-making power which stood conferred under S.111(2)(g) at the time of making of the impugned rule and further, that the impugned rule is arbitrary, inasmuch as the same has no nexus to any legitimate object sought to be achieved.

9. Per contra, the learned Government Pleader contended that the rule was validly made in exercise of power conferred under S.111(2)(g) as it then stood and therefore, the same is not invalid and that, at any rate, having regard to the fact that the said provision is grafted in pari materia into S.110(1)(o), the legislative intent is clear that there