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Onus of vehicle registration on them, auto dealers move HC

Ahmedabad: The Gujarat high court on Thursday issued a notice to the commissioner of transport over the circular mandating automobile dealers to get vehicles registered.
On Thursday, the transport department implemented its circular entrusting auto dealers with the task of registering the vehicles they sell and ensuring installation of High Security Registration Plates (HSRP), without which the vehicles cannot ply on roads.
In all, 36 auto dealers knocked on the HC’s doors against the circular and their advocate Nirupam Nanavati submitted that the circular is ex-facie arbitrary because it requires dealers to register motor vehicles, which otherwise is a statutory function to be performed by the regional transport offices.
Upon the court’s query regarding objection on part of the dealers, the senior counsel submitted that the dealers would not get any remuneration for the process. Moreover, they don’t have skilled personnel to fulfil this task and any mistake at their end will entail consequences.
The petitioners pointed out the provisions of section 2(37) of the Motor Vehicles Act which envisages a registering authority for this purpose. This is a function of the transport department. The government has the power to delegate this function to any public servant or public authority.
It was contended that authorization of vehicle registration has to be delegated by a circular of transport commissioner and not by an amendment in the law.
On the petition claiming violation of sections 41, 48(1) and 215A of the MV Act by the circular, Justice V D Nanavati issued notice to the commissioner of transport asking for a reply by next hearing on the subject, which has been posted on September 21. The petitioner’s counsel requested the court to hear him on the issue of granting interim relief for staying the circular on the next date of hearing.
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