Jaipur: The Rajasthan High Court has refused to carry the ban on charging an extra payment of Rs 50 per day throughout the interval between getting the automobiles’ health re-fitted after their health expired. Along with this, the court docket has rejected the applying filed by the Central Government on this regard. The division bench of CJ MM Srivastava and Justice Ashutosh Kumar gave this order whereas listening to the applying filed by the Central Government within the petition of Satpal Meel and others.
The court docket accepted that this quantity doesn’t come beneath the class of charges however comes within the type of penalty. In such a scenario, it can’t be recovered. It was mentioned within the software that the court docket had just lately banned the gathering of an extra payment of fifty rupees per day after the health of the automobile expires until its renewal. The authorities has the fitting to levy charges. In such a scenario, this order needs to be amended and permission to gather charges needs to be given. Opposing this, the petitioners mentioned that the availability of accumulating an extra payment of fifty rupees is towards part 211 of the Motor Vehicles Act.
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There isn’t any provision for penalty on this part, whereas the federal government is charging penalty within the identify of further charges. In such a scenario, penalty can’t be charged within the identify of further charges aside from health payment. After listening to the arguments of each the events, the division bench has rejected the applying of the Central Government. In the petition, advocate Satish Kumar Khandelwal informed the court docket that the Central Government had issued a notification on October 4, 2021. Under this, a provision was made to cost an extra payment of fifty rupees per day on automobiles whose health expired. This has been challenged by submitting a petition.
