Monday, July 20, 2009

Renewal of Permit.

Section 81 of Motor vehicles Act deals with Renewal of Permit.

An application for renewal of permit may be presented not less than 15 days before its expiry.

Section 81 (3) of Motor vehicles Act empowers the Regional Transport Authority to entertain an application presented after the last date mentioned in Sec.81(2) if there is sufficient cause for the delay.

A question arises whether an application can be presented even after the expiry of permit in view of Section 81(3)

The answer to this is a big NO.

A reading between the lines of Section 81(3)gives an impression that the Regional Transport Authority has power to entertain belated application, but we cannot take such a view in view of several judgements.

The Supreme Court in a case Mohd.Ashfag versus STAT (AIR 1976) has held

" The RTA is empowered to condone the delay in filing of an application for renewal only if the delay was up to 15 days. If the delay was more than 15 days it could not be condoned. Section 5 of the Limitation Act was not applicable in such cases."

But if the STAT or the High court Rules in favour of the applicant we have to obey the orders in letter and spirit.

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