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Vaishnav (AGM)     28 October 2009

MV.Act

Sec 46 of MV Act 1988 says  the registration of any Vehicle is valid accross India.  On the other hand  as per Sec 47 if any one wants to use the vehicle  more than 12 months  the change of registration mark is  compulsary.  For that  NOC is to be obtained  under Sec.48 of the said Act.,

All these OK only  the problem ,  payment of  Road Tax at  new location.   In india  lot of    either  big or small  vehicles  owners  are employees  and  their nature of job is transferrrable from one state to another state.   Example service of an employee  at  Chandigarh  is  transferred  to  Coimbattore who is having  a  4 wheeler  can use the same  for 12 months in new location and as per rules he has to apply for  new Registration for which he has to pay life tax.  Already   he had paid life tax at Chandigarh but  the T.N  State willnot  allow  him to use his vehicle unless the registration is changed  by  paying the new tax.   They say  on showing the new  regd  certificate   the owner can get  refund of  remaining years tax amount  from Chandigarh RTO .   

Practically is is possible  to any one  to go again to chandigarh for getting refund of the  same.  Why  the procedure is not  modified.   As per sec 46  prior registrationis valid,  why  other states are not allowing.  Why cannot  be the same  is  simplyfied. 

The process is so complicated and  more expensive and on the other hand  a big harrassment  in the hands of   Police .

Pl give your  suggestions.



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 October 2009

I agree with the practical anmoly as raised by you. It is approapriate to file a writ before eiher of the High court to have a common law on this subject. If the owner is allowed to get refund from the trnaferred place then this problme can be sorted out.


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