1. Heard counsel.

2. Vires or no vires, the matter need not prolong any further in this Court. We have been hearing time and again that the vires of Rule 88 of Central Motor Vehicle Rules, 1989 is being considered at the Main Seat. We have taken a different view on examination of the provisions of Section 59 of the New Act and reading that along with Section 217 of the Act. Obviously, Rule 88 was framed to give effect to the provisions of Section 59 and that position is being kept in view. We extract the Rule : --

"88. Age of motor vehicle for the purpose of national permit. -- (1) No national permit shall be granted in respect of a goods carriage which is more than nine years old at any point of time.

(2) A national permit shall be deemed to be invalid from the date the vehicle covered by the permit completes nine years from the date of its initial registration.

Explanation. -- For the purpose of this rule, the period of nine years shall be computed from the date of initial registration of the goods carriage concerned."

3. We entertain no doubt about the position that when a national permit is granted exercising power under the New Act, the provisions of Rule 88 would apply becaus