Motor vehicles act
Venu Kizhakkethil
(Querist) 18 April 2012
This query is : Resolved
Section 47 of Motor Vehilces Act stipulates requirement of registration in another state only if the intended stay in the other state is for more than one year. Section 49 exempts temporary change of address for less than 6 months from the provisions of that Section. These two section imply that if a vehicle registered in State A stays in state B for less than 6 months, there is no liability to re-register or pay taxes with RTO of State B.
However, RTO Karnataka website states that vehicles registered in other states must pay tax to RTO Karnataka if it stays in Karnataka for more than 30 days?
Is there any legal basis for the answer to FAQ given at RTO Karnataka website? http://rto.kar.nic.in/faq1.htm
Raj Kumar Makkad
(Expert) 18 April 2012
You should file a writ petition against such notification of State of Karnatka as the same is against the basic provisions of law.
Shonee Kapoor
(Expert) 19 April 2012
hmmm.
Is not registration of vehicles a state subject?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Venu Kizhakkethil
(Querist) 19 April 2012
Thank You, Mr. Raj Kumar Makkad.
Mr. Shonee Kapoor, Registration of vehicles is surely a state subject. As I understand it is done under the umbrella of Motor vehicles Act and therefore States can't prescribe rules that are contradictory to the mother law. This is exactly the crux of the query I posed.
Can the Karnataka Government compel vehicle owners to pay State tax on 'Other State Vehicles" for its temporary stay in Karnataka? The Law prescribes 6 months time for change of address, implying that temporary stay is up to 6 months. But Karnataka has been taxing vehicles if stay in the state exceeds 30 days. The question is does the State Govt have the power to do that? If so, under which section of MV Act?
Venu Kizhakkethil
(Querist) 19 April 2012
To be specific, I am a retired person permanently settled in Kerala and have a Kerala Registered car. I am now at Bangalore temporarily to look after my daughter whose husband has gone abroad and Iwill go back to Kerala within 3-4 months. I am not employed at Bangalore and have no address proof or any other identity document at Bangalore but have every documentation indicating my permanent stay in Kerala.
I have paid 15 years tax for the car in Kerala. Why should I pay road tax again in Karnataka for short duration stay in Bangalore? Isn't it double taxation, since I cannot claim set off against tax already paid in Kerala. Is it not an unreasonable restriction on my freedom of movement? The 6 months / 1 year provisions of Sec 49 & 47 of the Act is reasonable protection for tax revenue of States. Restricting that to 30 days seems to violate the MV Act. Hence the query.
