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BUMPS ,  PATH HOLES  & DIGS IN  MOTOR VEHICLES ACT 1988

 

The Motor Vehicles Act 1939 was several times amended and  finally  the Motor Vehicles Act 1988 is  now operative.

 

We  Indians   very proud of our  confused legal system coz Good chances to escape from punishment.  Living with one citizen ship, in one country  but governed by different rules.   Often confused whether we are  living in a one single country or  a  united countries of  India. 

 

The ROAD  of MVAct1988 is  full of  path holes,  digs, bumps.

 

It is also one  rotten  act.,   We  are not provided  smooth  way  of Act  to run our vehicles  without get bumping and getting damage to our pockets.

 

When country is  one,  roads are same,  vehicles are  same  why  separate rules for each state?  There is another  great similarity to it irrespective of  state i.e  the  attitude and mentality of Traffic Police/RTO   in India and one and same.   Only the difference  is  their dress colour,  name plate and Cap.  

 

I would like to  discuss  one specific issues.  Please  think  can we  get any diversion for  safety of our  vehicles and pockets.

 

The point  is  Sec 4 “ Effectiveness in India of registration”  what  does it mean.  The very next section 47. says  “Assignment of new registration mark on removal to another State”. (Due to place constraint I am not providing the entire definition of these both sections.)

 

Sec 46 says one registration is valid  to run the Vehicle all over India and  contrary to it there is  condition i.e as per sec 47  any vehicle can be used in other state without transfer  of Registration only for 12 months.  Any  RTO / T.P can allow  us to use  one state  Regd vehicle  in another state only for 12 months.  In reality  it is not.  The major victims  are transferable employees. The RTO / TP knowing fully harass  genuine vehicle owners.  The Sec 47 is only for  books not for implementation.  The draw back is our system we cannot satisfy the  authority at any time  except for money.

 

The another trouble for  transfer of registration from one state to another state, we are liable to  pay  tax for the remaining life of the vehicle. In such case  what  about the  life tax already paid in original state.  For that the answer is to go and  claim refund. 

 

Example :   A Bank employee Purchased  Car in Chandigarh and paid life Tax. After 1 year his service is transferred  to  Chennai.  His service in Chennai is only for 3 – 5 years  again he may be transferred to some other place.  As per Act,  he is liable to get transfer of registration  from Chandigarh  to Chennai.  As per rules he has to pay  remaining life tax  ( if  the life of the car is15 years, already he has used 1 year at Chandigarh) for 14 years.  The next step after getting the new registration number at Chennai, the owner has to claim refund of the tax already paid for 14 years at Chandigarh.   Please  think is it possible for him again to travel from Madras to Chandigarh to claim ?  Can  Chandigarh RTO refund across the window.  NO.   Here  without broker normally no one can get  work done.  If you engage broker  his fee,  department under the table payments,  traveling expenses  and finally how much  the owner can  get refund. Ultimately who is at loss.

 

Why to pay unnecessary  Road Tax twice  or  trice.  Is it not govt, duty to refund the tax or adjust the tax. Why always citizens are  victims of improper laws.   Is it not  harassment of Law system.

 

There should be some  solution to it.  The complicated procedure is to be simplified.  On fresh registration one state RTO only has to claim the Road Tax refund from the Original Registration State. The  burden should  be  on the Govt Authority but not on individual.

 


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Category Civil Law, Other Articles by - venkatkrishna 



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