REGIONAL TRANSPORT OFFICER & ORS. ETC. versus K. JAYACHANDRA & ANR. ETC.

Citation: [2019] 1 S.C.R. 179 · Decided: 09-01-2019 · Supreme Court of India · Bench: ARUN MISHRA, VINEET SARAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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REGIONAL TRANSPORT OFFICER & ORS. ETC.
v.
K. JAYACHANDRA & ANR. ETC.
(Civil Appeal Nos. 219-222 of 2019)
JANUARY 09, 2019
[ARUN MISHRA AND VINEET SARAN, JJ.]
Motor Vehicles Act, 1988:
s. 52 (as amended by Act 27/2000) – Alteration in motor
vehicle  – Permissible limit  – Held: The very object of amendment
of s. 52(1) is to prohibit alteration of a vehicle  – Explanation to s.
52 says that “alteration” means a change in the structure of a
vehicle which results in a change in its basic feature – Thus, the
alterations which do not change the basic features are outside the
purview of alteration  – Though the vehicle has to comply with the
provisions of the Motor Vehicle Rules, the Rules have to be read as
subservient to the provisions of the Act – The High Court has failed
to give effect to the provisions contained in s. 52(1) and has
emphasized only on the Rules – Central Motor Vehicle Rules, 1989
– r. 126  – Kerala Motor Vehicle Rules, 1989 - rr. 96, 103 and 261.
Allowing the appeals, the Court
HELD: 1. The very object of the amendment of section
52(1) of Motor Vehicles Act, 1988 by Act 27/2000 is to prohibit
alteration of a vehicle as provided including the change of tyres
of higher capacity. The amended section 52(1) has specified the
extent to which vehicle cannot be altered. A reading of the
provisions makes it clear that no vehicle can be altered in a manner
where particulars in the certificate of registration are at variance
with those “originally specified by the manufacturer”. The proviso
to sub-section (1) permits modification of the engine, or any part
thereof, of a vehicle for facilitating its operation by a different
type of fuel or source of energy including battery etc., such
modification is permissible to be carried out subject to such
conditions as may be prescribed. The second proviso to section
52(1) empowers the Central Government to prescribe
specifications, conditions for approval, retro-fitment and other
[2019] 1 S.C.R. 179
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SUPREME COURT REPORTS
[2019] 1 S.C.R.
related matters for such conversion kits. The Central
Government has power to grant an exemption for alteration of
vehicles for any specific purpose. Section 52(2) authorizes a State
Government to issue a notification and permit any person owning
not less than 10 transport vehicles to alter any vehicle owned by
him so as to replace the ‘engine’ with an engine of the same
make and type, without the approval of the Registering Authority.
Section 52(3) provides that where the alteration has been made
without the approval of the Registering Authority, obviously the
one which is permissible in the motor vehicle, the owner of the
vehicle has to report the same within 14 days to make an entry in
the particulars of the registration. The provisions of section 52(2),
(3), (4) and (5) have to be read harmoniously. The Explanation to
section 52 says that “alteration” means a change in the structure
of a vehicle which results in a change in its basic feature. The
alterations which do not change the basic features are outside
the purview of alteration. [Para 27][199-B-G]
2. The vehicle has to comply with the provisions of the Rules
contained in Chapter V of the Central Rules as provided in Rule
92(1). Rule 92(1) has to be read as subservient to the provisions
contained in section 52 of the 1988 Act and what is prohibited
therein to allow the same is not the intendment of the rules
contained in the Chapter. Various provisions in Chapter V are
additional safeguards to what is prohibited in section 52(1) that
is to say, what has been specified originally by the manufacturers
and once that has been entered in the particulars in the certificate
of registration, cannot be varied. No vehicle can be altered so as
to change original specification made by manufacturer. [Para
32][206-F-H]
3. It is provided in Rule 126 of the Central Rules, prototype
of every type of vehicle is subject to test. The provisions of Rule
126 intend for fitness of vehicle to be plied on the road by the
agencies which are specified therein. Approval and certification
of motor vehicles for compliance to these rules shall be in
accordance with the AIS: 017-2000. Rule 93 deals with overall
dimensions of the motor vehicles such as width, length, height,
overhang etc. No doubt about it that the vehicle has to be in
conformity with the rules also but Rules cannot be so interpreted
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so as to permit the alteration as prohibited under 

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