Torturous Road Transport Policy In States

I would like to draw your attention to policy of various state governments in relation to payment  of road tax by users of two wheelers or four wheelers vehicles.

Most of the youth who are in service have to move on transfer from one state to other as per government policy applicable for a particular department for different cadre of workers. Similarly youth who work in private sectors have to change company from time to time to get higher pay or for better job and for this purpose they too have to shift from one state to other. 

In such case majority of employees either in private or in government sector or in PSU or in banks or insurance companies have to shift from one state to other either for better job or in compliance of transfer orders served to them from employer.

Majority of them own a car or scooter or motor cycle and they pay whole life Road Tax in one go where they purchase the vehicle in accordance with the policy of that state. As soon as they are transferred  to other states, or they  are appointed in other company of other state , they immediately move to  another state and join new assignment, they use the same vehicle in new state . They are frequently stopped by local police and asked either to pay fine or to submit NOC and fresh registration as per Road Transport policy of the new state . In few states even the vehicles are impounded and cases are filed in courts.

But youth who join duty in other states  do not have enough time to get “No Objection Certificate” (NOC) from old state and neither do they get refund of unused road tax . Process is too much complicated and time consuming. They do not have time to run from pillar to post to get NOC and refund of road tax. But if they do not do so in new state they are tortured by local police and insisted for new registration or asked for illegal gratification or else they detain the vehicle which disturb normal working of the person in new state. This is fully unjustified ,inhuman and humiliating for an Indian.

I would like to know why a person in service is tortured even though he has paid full tax and he is an Indian citizen and entitled to move from one state to other . India is a federal structure and all Indians are free to decide their place of residence, place of job and place of buying a car or other goods as per choice. 

May I request you to make a policy that once road tax is paid by a vehicle owner for maximum period, he or she should be allowed to drive his or her vehicle freely in all states and move from one state to other without  the need  for NOC and without forcing him or her to pay road tax as per policy of different states. 

If government of various states are adamant  to stick to their existing rules and if central government is unable to make a uniform tax structure  applicable for all states of the country , at least online facility for securing NOC and for payment of tax may be provided to vehicle owners to avoid unwarranted torture to Indian citizen who move from one state to other for better job or better living. 

I hope you will take this matter in right spirit and immediately take corrective step for the benefit of working class specially youth who are career oriented. 

Our Government  give facility to NRI but why does it hesitate to give facilities to Resident Indians . 

Why Indians rush to foreign countries for job is a question which every government should ponder over and try to stop exodus in the larger interest of the country.

I therefore demand that there should be "One nation One Road Tax" People of India should be allowed to drive their vehicles without borders.

I am submitting below a recent court ruling on the matter of road taxation and humiliating treatment by Karnataka police.

Law taxing out-of-State vehicles unconstitutional: High Court-11th March 2016

Link To News In The Hindu

In a huge relief to owners of non-Karnataka registered private vehicles, the Karnataka High Court on Thursday declared as “unconstitutional” the new law that compelled them to pay lifetime tax if they use such vehicles in Karnataka beyond 30 days.

Justice Anand Byrareddy delivered the verdict while allowing petitions filed by Jagadev Biradar of Pune in Maharashtra and others from neighbouring States, who questioned actions of the State transport authorities in impounding their vehicles and demanding payment of lifetime tax as per the new law enacted in 2014.

With this order, the non-Karnataka registered vehicles can be used in the State for 12 months without paying lifetime tax in Karnataka but such vehicles will have to be re-registered in Karnataka along with requisite lifetime tax if such vehicles are used beyond 12 months.

“The Explanation-2 to Section 3 of Karnataka Motor Vehicles Taxation Act, 1957 as inserted in KMVT (Amendment) Act, 2014 is unconstitutional and ultra vires,” the court declared, while also quashing the notices issued to the petitioners by the Regional Transport Offices asking them to pay lifetime tax on their vehicles registered outside Karnataka.

I submit below a copy of petition reportedly filed at office of Union Transport Minister Ministry of Road Transport and Highways
https://www.change.org/p/union-transport-minister-drive-without-borders-one-nation-one-road-tax

The first bill related to road tax came into existence in 1914, which was replaced by MV Act 1939. A working group was constituted in 1984 to overhaul the process and a new act was passed by both houses of parliament on oct 14, 1988 and is therefore referred  as CMV 1988.

Karnataka went a step further and amended the Motor vehicle taxation (known as Karnataka Motor Vehicles Taxation (Amendment) Act 2014. This act says that ‘’any vehicle plying continuously in Karnataka for more than 30 days needs to pay the Hefty Life Time Tax levied by the Government Of Karnataka’’  which is against the CMV 1988 which states that any motor vehicle plying continuously in other state needs to be registered in 12 months.

The crackdown started by Karnataka officials while checking Non-Karnataka cars has created a wave of terror amongst people coming from other states. We have also filed a petition in The Honorable High Court of Karnataka against the recent MV Taxation Amendment and got a stay order on this MV Amendment.

Telangana Road Transport Authority has passed a similar law which dictates aa Non/AP-TS vehicle to pay LTT in 30 days Telangana RTA been harassing travelers and have seized countless NonAP/TS vehicles. A case was filed against the Telangana RTO and a Judgement was pronounced by the Hyderabad High Court against Telangana RTO. The court order says Telangana RTO does not have any authority to collect LTT from out of state vehicles as they do not have any amendment to this effect and Section 47 of CMV 1988 also talks about changing of registration after 12 months and not LTT. 

Gurgaon traffic department passed the same amendment in November 2014 and wanted Non-Haryana registered cars to register their cars within one month of arrival.

 Kerala state has followed suit in March 2015 and wants Non-Kerala state vehicles to pay yearly road tax upon one month of arrival.

 These state amendments are against the freedom of movement which our constitution guarantees and are also against the spirit of the constitution's provisions and federal principles. 

Slowly, other states are trying to follow Karnataka, it is very important that the central govt. brings the unified road tax law.

Our demands are:

1. Uniform road tax for cars, taxis and two-wheeler all over India.

2. Abolish the Lifetime tax and start the taxing period from 1 to 15 yrs according to the convenience of people.

3. To keep a unified online database for vehicles registered all over India. If a vehicle registered at the RTO office of one state get registered in another state after moving, that makes the automobile no. available in 2 states, that should initiate the refund process on its own.

4. To allow "national permits" for passenger vehicles on the lines of goods vehicles, which will facilitate their hassle-free movement across states and avoid harassment by local transport officials.

5. To not levy tax on temporary inter-state movement of vehicles for three months.This means if one has bought a car in Delhi and is taking to Himachal Pradesh, where it would be registered, the customer can get a three-month relief from paying road tax. At present, this is for only one month

6.To revoke amendment made by Karnataka Government on 28th Feb 2014 to the Motor vehicle taxation (known as Karnataka Motor Vehicles Taxation (Amendment) Act 2014.This act says that ‘’Any vehicle plying continuously in Karnataka for more than 30 days needs to pay the Hefty Life Time Tax levied by the Government Of Karnataka’’ which is against The CMV rules which states that any motor vehicle plying continuously in other state needs to be registered in 11 months.

Benefits:

1.Uniform road tax will discourage buyers to get their vehicles other than their home states that have the comparatively lower rate of one-time road tax. The other benefit of the uniform road tax would be that people would prefer to buy vehicles from showrooms located in their home states and get them registered there as there would no incentive to find an outlet outside.

2.Vehicle owners moving from one state to another will not have to go through harassment and the refund will be easier if unified online database for vehicles registered will be made.

 We request you to implement One Nation-One Road Tax policy without any further delay which will help us to DRIVE WITHOUT BORDERS. 

This petition was delivered to:

• Ministry Of Transport & Highways
  Union Transport Minister.

Similarly I draw your kind attention on another point mentioned below.

Indian Airlines a is providing 50 per cent Senior Citizen Discount on Normal Economy Class fare for all domestic flights to Indian senior citizens who have completed the age of 65 years in the case of male senior citizens and 63 years in the case of female senior citizens subject to certain conditions.

 2. Air India is offering discount of 55% to senior citizens of 60 plus on flights to USA, UK and Europe on economy class. Further, Air India has now decided to reduce the age of 60 plus for discount on their domestic routes as well with immediate effect. For Identity card, 2 passport sized photographs have to be submitted along with the form.

Railways are allowing concessions to senior citizen at the age above 60 to male and above 55 to female. 

I would like to know  why different departments have different standard for senior citizens.