Jammu, June 13: J&K Transport department has enjoined upon all the registering authorities – RTOs, ARTOs to strictly comply with the provisions of amended Motor Vehicles Act and other relevant rules and not allow any vehicle with outside number to ply in J&K without registration.
As per a circular issued by the Transport department, there is a high probability of such vehicles being used for carrying unlawful activities.
“It has been observed that considerable number of vehicles registered outside J&K (from adjoining states of Punjab, Haryana and Delhi) have been purchased by the residents of J&K and are plying across unauthorisedly, without having been registered with the concerned registering authorities (RTOs and ARTOs), in contravention to the explicit provisions of the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989,” read the circular issued by Commissioner Secretary to the Government, Transport department, Hirdesh Kumar.
“It has been reported that a number of old vehicles purchased from outside J&K are also plying in J&K without paying token tax and road tax as required under J&K Motor Vehicles Taxation Act, 1957 and without the transfer of ownership in favour of purchaser (transferee) and the state exchequer is bereft of considerable amount on this account. There is a high probability of such vehicles being used for carrying unlawful activities,” it read.
Referring to amended relevant provisions and part thereof of Motor Vehicles Act, 1988 dealing with the transfer, registration and re-registration of the vehicle, the circular stated that no person would drive any motor vehicle and no owner of a motor vehicle would cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle was registered in accordance with the relevant provision of the act and the certificate of registration of the vehicle was not suspended or cancelled and the vehicle carried a registration mark displayed in the prescribed manner.
“Subject to the provisions of section 42, sections 43 and 60, every owner of a motor vehicle shall cause the vehicle to be registered by (any registering authority in the state) in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. When a motor vehicle registered in one state has been kept in another state, for a period exceeding 12 months, the owner of the vehicle shall within such period and in such form containing such particulars as may be prescribed by the Central government apply to the registering authority within whose jurisdiction the vehicle then is for the assignment of a new registration mark and present the certificate of registration to that registering authority,” the circular read referring to the amended provisions.
With regard to the transfer of ownership, the circular provided, “The transferor shall in the case of a vehicle registered within the same state, within 14 days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee.”
In the case of a vehicle registered outside the state, this period would be 45 days.
“In the case of a vehicle registered outside the state, within 45 days of the transfer, forward to the registering authority. The transferee shall within 30 days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority,” the circular read.
“It is, therefore, enjoined upon all the registering authorities (RTOs and ARTOs) to strictly comply the provisions and part thereof, of the Motor Vehicles Act, 1988 as amended and the relevant Central Motor Vehicle Rules, 1989 vis Rule 54, 55, 56, 57, 58, 59 and J&K Motor Vehicles Rules, 1991 and instructions issued through SROs and SOs by the Transport Department from time to time in this behalf in letter and spirit,” read the circular, referring to recent judgement of the J&K High Court.