Authorities triggering unnecessary confusions
Nishikant Khajuria
JAMMU, July 30: Because of incompetence on part of the Transport authorities, renewal of the registration of old vehicles continues to remain stalled for the last around one year as fresh confusions are being invited over the Token Tax and roadworthiness of the vehicle notwithstanding clarifications over the same by the Finance Department and the Motor Vehicle Act.
After remaining puzzled over the Finance Department’s clarification regarding levying of the Token Tax on old vehicles for renewal of their registration after 15 years, the Transport authorities have now slipped into another confusion triggered by the Jammu and Kashmir Pollution Control Board, which has gone overboard and advised against allowing any vehicle of above 15 years to ply.
Despite the fact that as per the Motor Vehicle Act, only Central Government has the power to fix the age limit of different types of motor vehicles, the Transport authorities in Jammu and Kashmir are allegedly complying to the J&K Pollution Control Board’s observation of discouraging registration of the old vehicles.
While lakhs of people are suffering because of no renewal of registration of their vehicles, sources said that the Pollution Control Board, in its response to Transport Commissioner’s letter for seeking clarification on the Token Tax, has suggested stringent checks and balances for registration of old vehicles.
“It may be advisable to register a vehicle of above 15 years age initially for only one year and thereafter, if found fit, it may be extended in piecemeal of six months to the maximum of 18 years,” suggests the Pollution Control Board in its communication No. JKPCB/LSK/402/18/138-139, forwarded to the Transport Commissioner in response to its office letter No. TC/JK/MV/1025-26, dated 05-03-2020 for seeking clarification on Road/Token Tax.
As already reported by the Excelsior, the Finance Department, in its clarification to the Transport Department vide OM No. PS/DS/04/2019, dated 06-02-2020 and U. O No. FD/RES/CSS/ARM/2019/330/460, dated 06-02-2020, has explained that: “For vehicles involving life extension beyond 15 years, written down value method shall be adopted to work out the residual value of the vehicles at the end of their registration period as prescribed in the relevant Act/ Regulation for ascertaining the token tax payable at the time of registration of such vehicle, with average Consumer Price Index (CPI) inflation as the discounting factor, subject to the condition that the registration of old vehicles shall take into account directions, if any, of NGT/CPCB/SPCB before authorizing registration of old vehicles in J&K in respect of non-attainment cities in respect of air pollution.”
However, this clarification regarding levying of the Token Tax on old vehicles and reference of NGT/CPCB/SPCB for renewal of registration after 15 years, confused the Regional Transport authorities, which failed to understand its classified language and the method of calculating the tax.
After remaining confused for around one month, the Transport authorities, vide letter No. TC/JK/MV/1025-26, dated 05-03-2020, sought clarification on Token Tax from the Pollution Control Board, which went overboard and replied that estimated 2/3rd of total air pollution is due to vehicular pollution in the twin capital cities of J&K and therefore, for allowing any vehicle of above 15 years to ply, the token tax should be a discouraging one.
“Though the fixation of Token Tax payable after the life span of 15 years is the domain of the transport Department, yet the Board cannot afford to lose the site of the fact that major portion of air pollution in the J&K in general and in capital cities of Srinagar and Jammu in particular, is on account of movement of vehicles and excessive traffic load, which is beyond carrying capacity of road network,” says the PCB letter to Transport Commissioner.
Notwithstanding the fact that Section 59 of the Motor Vehicle Act makes it very clear that Central Government has power to specify different ages for different classes of different types of motor vehicles, the Transport authorities in J&K are complying the observations of Pollution Control Board in discouraging registration of vehicles above 15 years and thus harassing lakhs of people, whose vehicles are lying idle because of no renewal of registration.
Sources said that majority of these aggrieved people are from middle income families who have an entry level vehicle and not luxury one for showing off. Sources said that around two lakh applications for different categories of vehicles have piled up across the Regional Transport Authorities in Union Territory of J&K and the number was increasing with the passage of time. While the aggrieved people are running from pillar to post for ascertaining fate of the registration , the RTO authorities are allegedly suggesting them to sell their good condition old vehicles as scrap thus adding salt on their wounds.
Renewal of the registration of old vehicles was put on hold after August 1, 2019 when new SRO on Token Tax for registration of fresh vehicles was issued by the Transport Department. As per this SRO- 392, dated August 1, 2019, nine percent of sale value of the motor vehicle has been applied as One Time Token Tax for registration of all the newly purchased vehicles in J&K. Since the SRO is silent on the fee applicable for the renewable of registration of the vehicles above 15 years, the Finance Department later issued a clarification on the amount of Token Tax to be calculated on such vehicles for renewal of registration. However, renewal of the registration continues to remain on hold since then because of alleged incompetence on the part of Transport authorities that are apparently not aware of the Motor Vehicle Act provisions.
Before the issuance of new SRO, the motor vehicles were being given registration for initial 15 years against the payment of one time token fee of Rs 8700 for the vehicles upto 1300 CC capacity and Rs 22800 for the vehicles above 1300 CC. After 15 years, the registration of old vehicles used to be renewed for next five years against the payment of Rs 3000 and then for three and two years.
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