Judgment :- K.S. Radhakrishnan, J. The question that has come up for consideration in these cases is whether private service vehicle constructed and adapted for carrying "persons" could be altered as a "good vehicle" a vehicle constructed or adapted for use solely for the carriage of goods, in accordance with S.52 of the Motor Vehicles Act, 1988. 2. Petitioners in O.P. 15762 of 1998 and O.P. 15859 of 1998 are registered owners of omnibus. Those vehicles were manufactured after coming into force of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules and Kerala Motor Vehicles Rules, 1989, but before the commencement of the Central Motor Vehicles (Amendment) Rules, 1993. Petitioner in O.P. 13265 of 1998 is the owner of the private service vehicle manufactured prior to the coming into force of the Motor Vehicles Act, 1988. Petitioners applied for approval of alteration of their vehicles as a "goods carriage vehicle" before the Registering Authority under S.52 of the Motor Vehicles Act. Registering authority did not grant the approval on the ground that if approval is granted that would violate the provisions of the Motor Vehicles Act and Rules. 3. In order to examine this question, it is necessary to examine the various provisions of the Motor Vehicles Act and Rules. Chapter VII of the Motor Vehicles Act, 1988 deals with general provisions regarding construction, equipment and maintenance of vehicles. Under S.109 of the Act, every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. S.69 is a similar provision in the Motor Vehicles Act, 1939. S.110 of the Act empowers the Central Government to make rules regulating the construction, equipment and maintenance of motor vehicles and trailers in respect of various matters enumerated therein. S.111 of the Act empowers the State Government to make rules regulating the construction, equipment and maintenance of motor vehicles in respect of matters enumerated under the said section. S.70 is the similar provision under the earlier Act. S.111 of the Act empowers the State Government to make rules regulating the construction, equipment and maintenance of motor vehicles in respect of matters enumerated under the said section. S.70 is the similar provision under the earlier Act. S.64 of the Act empowers the Central Government to make rules to provide for various matters enumerated therein including the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-s.(3) of S.41 and also with regard to the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-s.(5) of S.41. Various other provisions of the Act also empower the Central Government to frame Rules. Accordingly Central Government framed the Central Motor Vehicles Rules, 1989 in exercise of powers conferred by Ss.12,27,64 and sub-s.(14) of S.88, Ss.110,137,164 and 208 read with S.211 of the Act. In exercise of powers conferred by Ss.26, 28, 38, 65, 96, 107, 111, 138,159,179 and 213 of the act, government of Kerala have also framed the Kerala Motor Vehicles Rules, 1989. 4. In the instant case, we are concerned with the light motor vehicles. Light motor vehicles has been defined in S.2(21) to mean a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6000 kilograms. S.2(29) of the Act defines 'omnibus' to mean any motor vehicle constructed or adapted to carry more than six persons excluding the driver. 'Private service vehicle' has been defined in S.2(33) to mean a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes. 5. Both the omnibus as well as private service vehicle are constructed or adapted to carry persons. Persons mean living persons. Light motor vehicle also includes a transport vehicle. 5. Both the omnibus as well as private service vehicle are constructed or adapted to carry persons. Persons mean living persons. Light motor vehicle also includes a transport vehicle. Transport vehicle is defined under S.2(47) of the Act to mean a public service vehicle, a goods carriage an educational institution bus or a private service vehicle. The expression 'goods carriage' is also defined under S.2(14) of the Act, to mean any motor vehicle constructed or adapted for use solely for the carriage of goods or any motor vehicle not so constructed or adapted when used for the carriage of goods. The expression 'goods' is also defined under S.2(13) of the Act which includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle. 6. Chapter V of the Central Motor Vehicles Rules, 1989 deals with construction, equipment and maintenance of motor vehicles. R.92 of the Central Motor Vehicles Rules says that no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of the said Chapter, however, nothing contained in R.92 shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. The said Chapter also deals with overall dimension of motor vehicles, size, nature and condition of tyres, brakes, steering gears, safety glass, wind screen wipers, safety devices for drivers etc. R.122 says that on and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993 every motor vehicle other than trailers and semi-trailers shall bear the identification number including month and year of manufacture embossed or etched or punched on it. R.123 deals with safety devices for drivers, passengers and road users. R.122 says that on and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993 every motor vehicle other than trailers and semi-trailers shall bear the identification number including month and year of manufacture embossed or etched or punched on it. R.123 deals with safety devices for drivers, passengers and road users. R.126 of the Rules obliges every manufacturer of motor vehicles other than trailers and semi-trailers, on and from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993 to submit the prototype of the vehicle to be manufactured by him for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of India, or Automotive Research Association of India, Pune, or the Central Machinery Testing and Training Institute, Budni, Madhya Pradesh or the Indian Institute of Petroleum, Dehradun and such other agencies as may be specified by the Central Government for granting a certificate by that agency as to the compliance of provisions of the Act and Rules. R.126A of the Central Rules empowers the above mentioned agencies to conduct a test in accordance with the procedure laid down by the Central Government on vehicles drawn from the production line of the manufacturer to verify whether these vehicles conform to the provisions of the Motor Vehicles Act, 1988 or Rules and orders made thereunder. As per R.127 of the Rules, on and from the date of commencement of the rule, the sale of every motor vehicle manufactured shall be accompanied by a certificate of road worthiness issued by the manufacturer in Form 22. R.129 of the Central Rules states that every owner of a goods carriage transporting any dangerous or hazarduous goods shall, in addition to complying with the provisions of any law for the time being in force in relation to any category of dangerous or hazarduous goods, comply with certain formalities which are enumerated therein. 7. Chapter VII of the Kerala Motor Vehicles Rules, 1989 deals with construction, equipment and maintenance of motor vehicles. R.249 says no person shall use and no person shall cause or allow to be used or to be used in any public place any motor vehicle which does not comply with the rules contained in that chapter or any order made by the competent authority. Part IV deals with private service vehicle. Part VII deals with goods carriage. R.249 says no person shall use and no person shall cause or allow to be used or to be used in any public place any motor vehicle which does not comply with the rules contained in that chapter or any order made by the competent authority. Part IV deals with private service vehicle. Part VII deals with goods carriage. R.302 says that every goods vehicle including a trailer shall be equipped with strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other road users and be such that the load can be securely packed within or fastened to the body or platform. 8. Chapter IV of the Motor Vehicles Act, 1988 deals with registration of motor vehicles. S.39 states that no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with the provisions of that chapter. S.40 of the Act obliges every owner of a motor vehicle to be registered the vehicle by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. S.41(1) of the Act stipulates that an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. In addition to the other particulars required to be included in the certificate of registration as per S.41(4), it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the official gazette. As per S.41(3) of the Act, the registering authority shall issue to the owner of the motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. Registering authority shall enter the particulars of the certificate referred to in sub-s.(3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. Registering authority shall enter the particulars of the certificate referred to in sub-s.(3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. Registering authority shall before proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle, or as the case may be, for renewing the certificate of registration, to produce the vehicle either before itself or such authority as the State Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of the Act and Rules made thereunder. 9. R.47 of the Central Motor Vehicles Rules deals with application for registration of motor vehicles. An application for registration of a motor vehicle shall be made in Form 20 to the registering authority within a period of two days from the date of taking delivery of such vehicle excluding the period of journey and shall be accompanied by Sale Certificate in Form 21, valid insurance certificate, copy of the proceedings of the State Transport Authority approving the design in the case of a trailer or semi-trailer, road worthiness certificate in Form 22 from the manufacturer etc. Before issuing road worthiness certificate in Form No. 22, the manufacturer has to comply with pollution standards, safety standards, road worthiness etc. Before registration if a body has been construed, a certificate in Form No. 22A from the body builders certifying that the body has been fabricated in accordance with the provisions of the Motor Vehicles Act, 1988 and Rules made thereunder, has to be given. 10. Certificate of registration in Form 23 is issued in accordance with R.48 of the Central Rules. Some of the important matters to be noted in the certificate of registration are as follows: I. Class of Vehicle 2. Maker's name 3. Type of body 4. Month and year of manufacture 5. Number of cylinders 6. Chassis number 7. Engine number 8. Fuel used in the engine 9. Horse power (B.H.P.) 10. Cubic capacity 11. Maker's classification. 12. Wheel base 13. Seating capacity (including driver) 14. Unladen weight 15. Colour or colours of body, wings and 16. Gross vehicle weight front end. Type of body 4. Month and year of manufacture 5. Number of cylinders 6. Chassis number 7. Engine number 8. Fuel used in the engine 9. Horse power (B.H.P.) 10. Cubic capacity 11. Maker's classification. 12. Wheel base 13. Seating capacity (including driver) 14. Unladen weight 15. Colour or colours of body, wings and 16. Gross vehicle weight front end. Additional particulars in the case of all transport vehicles other than motor cabs 17. Number of description of size of tyre 18. Registered axle weight 19. Type of body 20 Unladen weight 21. Number, description and size of tyre 22. Registered axle weight on (each) axle(in respect of each axle ). 11. Above mentioned particulars and information furnished by the manufacturer have to be entered in certificate of registration. Those informations have to be furnished by the manufacturer after complying with the various statutory formalities under Rr. 47(g)115(6)124.126A.127 etc. R.47(g) deals with road-worthiness certificate. Some of the basic and fundamental factors furnished by the manufacturer after complying with the statutory formalities cannot be altered or changed. In the case of unladen weight, proviso to S.52 says that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent of the weight entered in the certificate of registration. 12. The Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules oblige a manufacturer of a vehicle to keep the same In such a manner that it conforms to the safety standards. After the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993, every manufacturer of motor vehicles has to submit the prototype of the vehicle to be manufactured by him for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of India or Automotive Research Association of India, Pune, or the Central Machinery Testing and Training Institute, Budni, Madhya Pradesh or the Indian Institute of Petroleum, Dehradun and such other agencies as may be specified by the Central Government for granting a certificate by that agency as to the compliance of provisions of the Act and Rules. 13. 13. Registering authorities in India used to receive applications for approval for conversion of transport vehicles such as pick-up van, Tata 206 (Tata Mobile) to a non-transport vehicle. Requests are also being received by those authorities for conversion of a pickup van into passenger car by making structural changes in the vehicles. The Ministry of Surface Transport considered those matters and issued a communication No. RT-11011/1/88-TAG dated 31.7.1990 to all the State Transport Authorities and Regional Transport Authorities in the country, which reads as follows: "I am directed to say that a reference has been received in this Ministry seeking clarification as to whether transport vehicle like a pick-up van, viz. Tata 206 (Tata Mobile) can be converted into a non-transport vehicle. There have been cases where pick-up vans are sought to be converted into passenger cars by making structural changes in the vehicles and applications have been received by some registered authorities from individuals to permit such changes on the ground that they come within the ambit of alteration contemplated by S.52 of the Motor Vehicles Act The pick-up vans and similar light commercial vehicles are manufactured after they undergo prototype tests and it is intended to be used only for the purpose for which the prototype have been tested. Unless the prototype testing also covers the use of the vehicle as a passenger car, the same vehicle cannot be altered and got registered as a passenger vehicle." The above mentioned communication specifically says that unless the prototype testing also covers the use of the vehicle as a passenger car, the same vehicle cannot be altered and got registered as a passenger vehicle. 14. This question came up for consideration before this Court in Fr. George Panakezha v. Regional Transport Officer, 1998 (2) KLT 905 and this Court took the view that the Registering Authority is justified in taking the view that after undergoing prototype test when it was certified that the use of the vehicle is for carriage of goods, the same cannot be altered by the Registering Authority as a passenger vehicle unless the user is certified by the concerned authority. 15. I have already mentioned that Chapter V of the Central Motor Vehicles Rules deals with construction, equipment and maintenance of motor vehicles, which contains Rr. 91 to 137. 15. I have already mentioned that Chapter V of the Central Motor Vehicles Rules deals with construction, equipment and maintenance of motor vehicles, which contains Rr. 91 to 137. R.92 says that no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. However, nothing contained in the said rule shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. Many of the vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993 had no occasion to comply with the various provisions of Chapter V. Question may arise whether the Registering Authority could object to the change of registration into further classes of vehicle due to non-compliance with the provisions of Chapter V. As far as vehicles which are manufactured subsequent to the commencement of the Central Motor Vehicles (Amendment) Rules, 1993 there cannot be any doubt that they have to follow the various provisions of Chapter V. As I have already noted, apart from the various provisions contained in Chapter V, there are some basic and fundamental factors which are to be complied with by the manufacturer under the provisions of Motor Vehicles Act, 1988 and the Rules. 16. R.302 of the Kerala Motor Vehicles Rules, 1989 says that every goods vehicle including a trailer shall be equipped with strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other road users and be such that the load can be securely packed within or fastened to the body or platform. A vehicle manufactured or constructed or adapted for use as a passenger vehicle may be different from a vehicle constructed or adapted for carrying goods. It cannot be said that on the application of owner of a vehicle, registering authority can freely give approval for alteration of a passenger vehicle to that of a goods vehicle due to the mere fact that those vehicles have been manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. It cannot be said that on the application of owner of a vehicle, registering authority can freely give approval for alteration of a passenger vehicle to that of a goods vehicle due to the mere fact that those vehicles have been manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. So also the mere fact that on failure of the Registering Authority to give approval within seven days as provided under S.52 of the Motor Vehicles Act not necessarily mean that the owner can make any alteration which he wishes. 17. S.52 of the Act says that no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate unless he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the vehicle is normally kept as the case may be, of the alteration he proposes to make and he has obtained the approval of that registering authority to make such alteration. However, it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent of the weight entered in the certificate of registration. 18. S.41(1) stipulates that an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. S.52 deals with only particulars and not documents or information. The information as well as the documents furnished by the manufacturer after complying with the various statutory formalities and entered in the certificate or 'registration. cannot be altered in exercise of powers under S.52 of the Act. In other words, certain basic and fundamental factors and informations furnished cannot be altered by owner of the vehicle or by the registering authority, unless and until necessary permission is obtained from the Central Government or the competent authority. 19. cannot be altered in exercise of powers under S.52 of the Act. In other words, certain basic and fundamental factors and informations furnished cannot be altered by owner of the vehicle or by the registering authority, unless and until necessary permission is obtained from the Central Government or the competent authority. 19. On an examination of the various provisions of the Act and Rules, I am of the view that even apart from the communication dated 31.7.1990 when a vehicle is constructed or adapted for a particular use under the Motor Vehicles Act and Rules, owner or registering authority has no power to alter the vehicle in such a way that some of the basic and fundamental factors made are made inaccurate. Registering authority has also no power to grant approval for the same. Neither the Act nor the Rules give any such freedom to the owner of a vehicle or the registering authority lest it may affect safety standards. In a case where a vehicle is constructed or adapted solely for the purpose of carriage of goods, the same cannot be altered for carrying passengers without satisfying the statutory requirements. There is nothing in the Act to show that owner of a vehicle or the registering authority can alter the vehicle to fit in some other definition. 20. In this connection reference is made to the decision of a Full Bench of this Court in Vishwanatha Menon v. Additional Registering Authority, 1998 (2) KLT 112. Full Bench has taken the view that there is no necessity of consideration of application under S.52 at all since the reduction in number of seats would not amount to alteration which would require permission under S.52 of the Act. Seating capacity of the vehicle would depend upon design, HP, unladen weight and other allied factors. In other words, owner of a vehicle or the registering authority cannot alter seating capacity of the vehicle, which is the basic and fundamental factor. Under such circumstance I am of. Seating capacity of the vehicle would depend upon design, HP, unladen weight and other allied factors. In other words, owner of a vehicle or the registering authority cannot alter seating capacity of the vehicle, which is the basic and fundamental factor. Under such circumstance I am of. the view that the registering authority is justified in not entertaining the applications of the petitioners seeking approval for alteration of omnibus/ private service vehicle, which were constructed or adapted to carry more than six persons to a goods carriage constructed and adapted for use solely for carriage of goods, unless they get requisite permission from the Central Government or got certified from the authorities empowered by the Central Government. In view of the above mentioned reasons, all the Writ Petitions are disposed of with the following directions: (1) Vehicles manufactured after the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993 have to comply with the provisions of Chapter V of the Central Motor Vehicles Rules, 1989. They are necessarily to comply with prototype test as provided in the Rules. Registering Authority or the owner of a vehicle has no jurisdiction to alter a registered vehicle without permission from the authorities notified by the Central Government either as goods vehicle or vice-versa. (2) Vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993, can apply for change of registration, from a passenger vehicle to that of goods vehicle provided they comply with R.302 of the Kerala Motor Vehicles Rules, 19 89. Only after the Authority certifies that the vehicle has complied with R.302 of the Kerala Rules, registration can be effected. (3) Section 52 of the Act does not enable a Registering Authority or a owner to change the registration of a vehicle from passenger vehicle to that of a goods vehicle, without obtaining permission from the notified authorities of the Central Government, unless the vehicle has been manufactured prior to the coming into force of the above mentioned rule, and comply with R.302 of the Kerala Rules. Registering Authority may register a vehicle only on the basis of above mentioned directions are complied with.