Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –

Rule 32 of CMV Rules, 1989, provides for additional fees at Rs.1000/- for earch year or part of delay in making application for renewal of driving licence.

Rule 81 provides for additional fees of Rs.300 for delay of every month or part thereof in respect of motor cycle and Rs.500 in respect of other non-transport vehicles for renewal of registration certificate.

Similarly, it also provides for levy of additional fee of Rs.300/- for delay of each for non-submission of NOC for transfer of ownership of vehicle as also change of residence.

The challenge is two-fold that such additional levy is penalty and beyond the powers of the Central Government under Section 211 of the MV Act

HELD that Section 211 if interpreted appropriately vests powers to make rules for levy of additional fees. Secondly, levy of additional fee cannot be said to be any kind of deterrence. The Rules provide for facility to the vehicle owners or drivers.    It is a provision for consideration of delayed applications for renewal of driving licence, registration certificate, change of residence, transfer of ownership.  Charge of additional fee is, therefore, not a detterent and consequently, it is not penalty.

Judgment dated 2.4.2024 in PIL No.130 of 2022 of K Savakash Auto Rickshaw Sangha Vs. Union of India and others with W.P.No.11380 of 2017 of Mumbai Bus Mala Sangathana