Rajasthan HC Sets Aside Rule Imposing Rs. 50 Fee For Each Day's Delay In Applying For Vehicle Fitness Certificate Renewal
Live Law" However, if the provision impugned in these petitions is analysed, it is found that an additional charge of fifty rupees under the nomenclature “additional fee” is leviable for each day after expiry of validity of certificate of fitness, declaring it to be a case of delay. 11A of Rule 81 which levies the additional Rs 50 fee the court observed: A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar held that under the garb of additional fee, the State had introduced a legislative policy of fine without there being any such scheme of fine under the Motor Vehicles Act 1988, on failure of applying for the renewal of the fitness certificate. Rule 81 of the Central Motor Vehicle Rules that provided for many regulatory fee towards providing services was amended in 2021, adding serial number 11A that sought to levy additional fee of Rs. “Therefore, by charging additional fee of fifty rupees for each day of delay in seeking renewal after expiry of the validity period of fitness certificate, something in the nature of fine or penalty is sought to be imposed that too without any valid authority of law and in the garb of power to levy fee. Sharma, With Mr. Pankaj Chaudhary, Mr. Ankit Sharma, Mr. Kuldeep Bhatia, Mr. Nem Singh Gurjar, Mr. Raghuraj Singh Rajawat, Mr. Manoj Avasthi, Mr. Satish Kumar Khandelwal, Mr. Devendra Raj Jain, Mr. Vinay Pandey, Mr. Prakhar Sharma, Ms. Noopur Sharma, Mr. Shyam Gupta, Mr. Raj Kumar Goyal, Mr. Sanjeev Kumar, Mr. Sunil Kumar, Mr. Shovit Jhajharia, Mr. Sandeep Jain, Mr. Vijay Punia, Mr. Majhar Hussain, Mr. Vikas Yadav, Mr. Aatish Jain, Mr. Nitish Kumar Jain, Mr. Rakesh Kumar Bairwa, Mr. Deepak Soni, with Ms. Jyoti Verma, & Mr. Pankaj Soni, Mr. Suresh Kumar Dhenwal, Mr. Dushyant Singh Naruka, Mr. Mayank Kumar Choudhary, Mr. Sanwar Mal, Mr. Ram Avtar Pareek, Mr. Manoj Kumar, Mr. Ashish Sharma Upadhyay, Mr. Poonam Singh Ratnu, Mr. Ramavtar Bochalya, Mr. Abhishek B. Sharma, Mr. Ankush Sharma, Mr. Rakesh Kumar Saini, with Mr. Basant Singh Rathore, Mr. Saurabh Bhandari, Mr. Y.K.