The Government of India in a letter in No. RT 11028/14/2002 - MVL dated 3.X.2006 issued by the Ministry of Shipping Trpt and Highways clarifies how a vehicle with a seating capacity exceeding 6+1 has to be registered.
1. The classification omni bus for private use was abolished already. Therefore a vehicle having a seating capacity of more than 6+1 can be registered in the name of an individual as a non transport vehicle.if the vehicle is used for his personal purposes.
2. The vehicles of Central Government, State Government and their undetakings can be registered as a non transport category.
3. For charitable and philanthropic institutions, as it widely uses the road and therefore be registered as a transport vehicle and should undergo fitness test.
Circular No. 12/2007 also stresses these points.
A circular was issued in the year 2002 much ahead of this letter referred above . But the contents of the circular holds good even now. It is circular no. 36/2002.The contents of the circular are as follows:-
The instructions of Government of India are only administrative in nature and cannot overrule the spirit of the notification.
The end use has to be seen before deciding about the class of vehicle. If it is social service and work relating to religious one not connected with any commercial activity then the vehicles belonging to church can be registered as non transport category.
So eventhough the seating capacity exceeds 6+1, if the vehicle is purchased by a church or any religious organisation then the vehicle can be registered as non-transport.
The usage alone is the criterion and not the nomenclature.
Also refer circulars 107/2000, 36/2002, 12/2007
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