Anita Sumanth, J.

This batch of Writ Petitions has been filed by various Associations namely Chennai City Auto Ootunargal Sangam, Tamilnadu Driving Schools Owners Federation, Madras Metro Auto Drivers Association, Vada Chennai Maavatta Auto Ottunargal Padugappu Nalasangam and Tamilnadu Lorry Owners Federation, challenging notification issued in G.S.R.1183(E) dated 29.12.2016 amending Rule 32 and Rule 81 of the Central Motor Vehicle Rules 1989 (“Rules’) fixing a new fee structure under the Motor vehicles Act 1988 (“Act”) and levying additional fees for certain category of services rendered by the authorities under the Act. Though the prayer addresses the notification in entirety, challenging the same on the ground of unconstitutionality and invalidity, the petitioners, have, in the course of the hearing restricted the prayer to the levy of additional fees alone.

2. The main contention of the petitioners as canvassed by Mr. S. Govindraman, Learned Counsel appearing for all writ petitioners is as follows:

The Petitioner Associations represent owners and drivers of Autos and Lorries as well as driving schools covered under the provisions of the Motor Vehicles Act 1988. The Act stipulates various conditions that are to be complied with by the members of the Associations such as the holding of valid licenses for plying of the vehicle, affixation of valid registration mark on the vehicle, norms to be followed in the conduct of driving classes etc. Section 110 of the Act authorizes the Central Government to make Rules in regard to the construction, equipment and maintenance of motor vehicles and trailors as well as various matters connected therewith. The power to levy fee is set out in terms of Section 211 of the Act in the following terms:

“211. Power to levy fee.- Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licenses, permits, tests, endorsements, badges, plates, countersignatures, authorization, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary:

Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full.”

3. The main contention of the petitioners is to the effect that the power under section 211of the Act is restricted to the levy of a fee alone and does not extend to the levy of additional fee as proposed in the impugned notification. The instances where additional fee is proposed to be levied are as follows (emphasized in italicized bold);

“32. Fees. - The fees which shall be charges under the provisions of this Chapter shall be as specified in the Table below:

Provided that the States may levy additional amounts to cover the cost of automation and technology utilized for conducting the testing or providing value added services…..

Sl.No.	Purpose	Amount	Rule	Section
9.	Renewal of a driving licence for which application is made after the grace period.	Three Hundred rupees   Note: Additional fee at the rate of one thousand rupees for delay of each year or part thereof reckoned from the date of expiry of the grace period shall be levied.		15

……..

“81. Fees. The fees which shall be charged under the provisions of this Chapter shall be as specified in the Table below:

Provided that the States may levy additional amounts to cover the cost of automation and technology utilized for conducti