Srinagar, April 29: The Jammu and Kashmir High Court Thursday quashed a circular issued by Regional Transport Officer (RTO) Kashmir for re-registration of vehicles purchased outside JK.
A division bench of Justices, Ali Muhammad Magrey and Vinod Chatterji Koul directed JK government to comply with Section 47 of the Motor Vehicles Act, 1988 and Rule 54 of Central Motor Vehicle Rules 1989 undertaken for assignment of new registration mark of the vehicles.
However, the court ruled that the respondents can verify the validity of documents of any vehicle entering in JK from outside, having outside registration.
The circular, issued by RTO, Kashmir, on March 27, last month, had made it mandatory for owners who have purchased vehicles bearing outside JK Registration Numbers to apply for a new registration mark as per the provisions of Section 47/50 of Motor Vehicle Act 1988 and Rule 54 of Central Motor Vehicle Rules 1989 within a period of 15 days failing which, it said, action as warranted would be initiated against them.
However, as per the Section 47 the jurisdiction for assigning a new registration mark on a vehicle is within the jurisdiction of the Central Government.
The bench argued if the vehicle was once registered in any state in India, it shall not be required to be re-registered elsewhere “but when the motor vehicle registered in one state, has been kept in another state for a period exceeding 12 months, "the owner shall apply with the Registering Authority within whose jurisdiction the vehicle is for the assignment of new registration mark, this is as provided under Sections 46 and 47 of the Motor Vehicles Act."
“Therefore, a life time tax that is levied at the point of registration of a vehicle in terms of Section 3 of the Motor Vehicles Act, cannot be levied on a vehicle registered, merely on a presumption that a vehicle registered outside JK, has remained in JK for a period exceeding 12 months,” the court ruled.
The bench, in a 28 page judgement, held that the impugned circular issued by RTO Kashmir is unnecessary, as being without authority to the extent of warning the genuine owners of the vehicles having outside registration and making entry in JK, for their assignment of new registration mark compulsory is contrary to Rule 54 of the Central Motor Vehicles Rules, 1989.
"Therefore, we are inclined to quash the said circular, but while doing so we do not by any stretch of imagination take away the powers of the Central government or government of JK to deal with the eventuality of screening the validity of documents of a vehicle, having outside registration and making entry in JK for whatever purpose be as a tourist, businessman or employee etc.," the bench ruled.
The court, while disposing of the petitions, further ruled that the quashment of the circular does not take away the authority of the administration from dealing with the cases of those vehicle owners, who have non-JK vehicles and remained in JK for a period exceeding 12 months, requires assignment of new registration mark in tune with the application of Section 47.
"But, for that, some mechanism as agreed by the Principal Secretary to the government, Transport department is to be placed in vogue with due adherence to compliance of Section 47 of the Motor Vehicles Act," the court held.
The court also cleared that it would not interfere with the powers of Transport Authority to deal with the cases, which fall under Section 50 of the Motor Vehicles Act, as the matters which fall under the application of Section 50 are not the subject in these writ petitions.
Earlier, a circular was challenged by advocate Zahoor Ahmad Bhat and Irshad Hussain Munshi before the court. The duo had sought to quash the circular for being in contravention of Section 47 of Motor Vehicles Act 1988.
