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Judgment
Heard on admission. Issue notice to the respondent on payment of process fee within seven days. Notices be made returnable within four weeks.
Learned Deputy Advocate General appearing on behalf of the petitioners- State, has submitted that in accordance with Rule 93 of M.P. Motor Vehicles Rules, 1994 [hereinafter referred to as ''''the Rules of 1994''''] a child of not more than twelve years of age shall be reckoned as one half. Hence, the Transport Authorities are at liberty to fix the number of children in an auto rickshaw. The relevant Rule is as under:-
Carriage of children and infants in Public Service Vehicle.- in relation to the number of persons that may be carried in a public service vehicle-
(i) a child of not more than twelve years of age shall be reckoned as one half, and
(ii) a child of not more than three years of age shall be regarded as an infant and shall not be reckoned as one half.
In this view of the matter, as an interim measure, it is directed that the Transport Authorities are at liberty to fix the number of children in accordance with the aforesaid Rules. However, it is hereby clarified that no extra fittings be permitted in an auto rickshaw, which is prohibited in accordance with the Rules.
Learned Deputy Advocate General has further submitted that the State shall file a compliance report in regard to other provisions, including the meters which have to be fitted in an auto rickshaw.
List after four weeks. CC as per rules.