JANTIA HILL TRUCK OWNERS ASSOCIATION versus SHAILANG AREA COAL DEALER AND TRUCK OWNER ASSOCIATION AND OTHERS ,

Citation: [2009] 10 S.C.R. 536 · Decided: 10-07-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

[2009) 10 S.C.R. 536 
.,
A 
JANTIA HILL TRUCK OWNERS ASSOCIATION 
v. 
SHAILANG AREA COAL DEALER AND TRUCK OWNER 
ASSOCIATION AND OTHERS 
(Civil Appeal No. 4225 of 2009) 
B 
JULY 10, 2009 
[S.8. SINHA AND DEEPAK VERMA, JJ.] 
.. 
MOTOR VEHICLES ACT, 1988: 
c 
Section 138(2)(b), 211, 212 - Memorandum dated 11th 
September, 2003 issued by the Government of Meghalaya 
- Trucks carrying cargo compelled to pay substantial amounts 
at innumerable points - Writ Petitions filed - Before the High 
D Court, State admitting establishment of check posts and 
T 
collection of fees without framing Rules - High Court directing 
framing of Rules - On appeal, Held: Even in a case where 
the statute provides for certain things to be done, subject to 
Rules, any action taken without framing the Rules, the same 
E has to be given effect to - Levy of charges for rendering 
services by itself does not infringe upon the right of any person 
- Impugned judgment set aside - Constitution of India, 
Articles 73, 166, 298, 301. 
~ 
Several writ petitions were filed before the High 
F Court alleging that trucks carrying cargo in the State of 
Meghalaya are compelled to pay substantial amounts to 
various entites at innumerable points. Before the High 
Court, it was admitted that check posts have been 
established and fees are being collected without framing 
G any Rules and in terms of the Memorandum dated 11th 
September, 2003 issued by the Government purportedly 
in terms of Section 138(2)(b) of the Motor Vehicles Act, 
1988. The said Memorandum was held to be illegal and a 
writ of or in the nature of mandamus was issued directing 
H 
536 
JANTIA HILL TRUCK OWNERS ASSN. v. SHAILANG AREA 537 
COAL DEALER AND TRUCK OWNER ASSN. 
the--Government of Meghalaya to make Rules in exercise 
A 
of its powers thereunder. Hence the appeals. The 
question that arose for consideration was whether the 
State Government was empowered to issue any executive 
order in respect of matters required to be prescribed by 
Rules. 
B 
Allowing the appeals, the Court 
.. 
HELD: 1.1. Article 162 of the Constitution of India in 
unequivocal terms provides that the executive power of c 
a State shall extend to the matters with respect to which 
the Legislature of the State has power to make laws. Such 
executive powers having regard to the Rule of Executive 
Business are framed in terms of Article 166. Clause (3) of 
Article 166 empowers the Governor to make rules for the 
~ 
more convenient transaction of the business of the 
D 
Government of the State. (Para 23] (551-D-E] 
1.2. The Memorandum was issued in the name of the 
Governor. If is not in dispute that it was authenticated in 
terms of clause (2) of Article 166 of the Constitution. The 
E 
power was exercised by the State under the provisions 
of the Act. The said order was to remain in force till Rules 
are framed in the prescribed manner. [Para 24] (551-F-G] 
-1 
2.1. The provisions of the Act mandate that the 
unladen weight and laden weight must be determined. 
F 
Indisputably, weighing devices had to be provided for the 
said purpose. It is true that for the said purpose Rules 
may have to be framed. It is, however, a well settled 
principle of law that even in a case where the statute 
provides for certain things to be done, subject to Rules, 
G 
> 
any action taken without framing the Rules would not 
render any action invalid. If a statute is workable even 
without framing of the Rules, the same has to be given 
effect to. The law itself except in certain situations does 
H 
538 
SUPREME COURT REPORTS 
(2009] 10 S.C.R. 
A not envisage vacuum. [Para 24] [551-G-H; 552-A-B] 
2.2. Non compliance of the provisions relating to 
"laden weight" and "unladen weight" being penal in 
nature must be held to be imperative in character. For the 
purpose of construction of the provisions of the Act the 
' 
B Courts will have to take into consideration the freedom 
on the part of the citizens as also non citizens to carry 
f 
out trade and business in terms of Article 301 of the 
"",.
Constitution of India, subject of course to the other 
"""
c provisions thereof. [Para 25] [552-B-D] 
3.1. The State for giving effect to the provisions of the 
statute may upon itself take the burden of providing for 
weighbridges and collection of fees etc. in exercise of its 
power under Article 298 or Article 162 of the Constitution 
D of India. It may, however, permit to provide parties to 
~ 
install weighbridges, subject to regulations. 

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