Lawstreet Journal

Imposition of “Special Fees” for Allotment of Fancy Numbers is Contrary to the Motor Vehicles Act 1998, says Amicus Curiae to SC

Lawstreet Journal 22 Aug 2020 1:50am

Image courtesy: Lawstreet Journal Judiciary Imposition of “Special Fees” for Allotment of Fancy Numbers is Contrary to the Motor Vehicles Act 1998, says Amicus Curiae to SC

In the matter concerning payment of special fee against allotment of special registration numbers for vehicles, senior advocate Manoj Swarup has submitted before the Supreme Court in front of the division bench comprising of Justices L. Nageswara Rao and S. Ravindra Bhat, that the state governments are not empowered to charge additional fees for the registration unless given in the Motor Vehicles Act.

The written submission has been filed against the Madhya Pradesh government opposing the state appeal and stating that the notification issued by the government is ultra vires Section 41 of Motor Vehicles Act, 1998. He submitted that section 41 of the MV act contemplates application for registration of Motor Vehicles and lays down steps until final registration, including the registration fees. The same stipulates any fees that may be charged for allotment as is done by the state government as given in section 41(6) of the act.

Regarding the fees for the attachment of other documents and information, Swarup submitted that it has been clearly mentioned in section 41(2) for the fees incurred during the process by the central government and the state government does not have the power to levy any fees apart from that. It can be seen that - “State government has assumed to itself the function of allotment.”

He further enumerated that the rule-making power of the central and the state government has been clearly defined. It has been pointed out in Sub-section (o) of Section 64 (Power of Central Government to make rules) of the… Continue Reading...

Tagged: Motor Vehicle Act  
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