Kerala State Autorickshaw Drivers Federation v. Controller of Legal Metrology
1993-12-08
K.G.BALAKRISHNAN
body1993
DigiLaw.ai
Judgment :- First petitioner is a federation of trade unions of autorickshaw drivers and the 2nd petitioner is a trade union of autorickshaw drivers in Ernakulam District. It is alleged that the majority of autorickshaw drivers are having their own vehicles and they have purchased them by availing bank loans. Some of the drivers have got their vehicle on hire. S.96 of the Motor Vehicles Act, 1988 empowers the State Government to make rules for the purpose of carrying into effect the provisions of Chapter V of the Act. The provisions of the Act make it clear that the rules could be framed requiring the owners of the vehicle to fix taxi meters in their vehicle in exercise of the rule making authority. The Kerala Motor Vehicles Rules, 1989 were passed and Rule 296 says that every motor cab except when exempted in this regard by the State or Regional Transport Authority, shall be fitted with a taxi meter. Petitioners contend that all the autorickshaws of the Cochin city are fitted with taxi meters and these meters bear the seal of 3rd respondent. These meters are subject to periodical inspection by the authorities under the M.V. Act. Petitioners further contend that the Standards of Weights and Measures (Enforcement) Act, 1985 is a general Act for the enforcement of the standards of weights and measures and the provisions contained in this Act have no application to the taxi meters. Therefore, the petitioners contend that the taxi-meters fitted to the autorickshaws shall not be subjected to verification and sealing by the authorities under the Central Act No. 54 of 1985. The contention of the petitioners is that the provisions contained in the M.V. Act and Rules alone could be applied and the provisions of the Standards of Weights and Measures (Enforcement) Act, 1985 (Central Act 54 of 1985) have no application. 2. Petitioners contend that they have now been directed to produce their vehicles before respondents 1 and 2 to inspect and seal the taxi meters. Petitioners pray that Ss.16, 22, 24 etc. of Standards of Weights and Measures (Enforcement) Act are not applicable to autorickshaws or motor cab as defined under S.2(27) of the Motor Vehicles Act. Petitioners have also prayed for other incidental reliefs. 3. I heard the petitioners' counsel and the Government Pleader. The contention of the petitioners' counsel cannot be accepted.
Petitioners pray that Ss.16, 22, 24 etc. of Standards of Weights and Measures (Enforcement) Act are not applicable to autorickshaws or motor cab as defined under S.2(27) of the Motor Vehicles Act. Petitioners have also prayed for other incidental reliefs. 3. I heard the petitioners' counsel and the Government Pleader. The contention of the petitioners' counsel cannot be accepted. The Standards of Weights and Measures (Enforcement) Act, 1985 was made applicable by a notification by the Government of Kerala on 24th July 1992. It may also be noticed that under S.2(r) of the Standards of Weights and Measures Act, 1976 the term "premises" has been defined and in the explanation attached to it, it is mentioned that "place" includes a vehicle or vessel or any other mobile device, with the help of which any trade or business is carried on, and also includes any measuring instrument mounted on a vehicle, vessel or other mobile device. The standards of Weights and Measures (Enforcement) Act, 1985 is a Central enactment and S.4 specifically says that the provisions of this Act have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act or the Standards Act. S.16 of the Act specifically says that, "no person, not being an itinerant vendor, shall use any weight or measure in any transaction or for industrial production or for protection unless he is registered in accordance with the provisions of this Chapter". There are other penal provisions in the Act also. 4. Counsel for the petitioners contend that the autorickshaw should be construed as an itinerant vendor.1 am unable to accept this contention. An autorickshaw cannot be said to be a vendor. So the provisions contained in the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures ((nforcement) Act, 1985 are applicable to motor cabs fitted with taximeters. Such taximeters are liable to be inspected by the officers of respondents 1 and 2. Original Petition is without any merit and it is dismissed.