In some quarter there is a school of thought that Road safety Tax introduced recently does not apply for re.registration of vehicle.
Road safety tax is applicable for all classes of vehicles for registration and as well as re.registration.
The argument put forward is that it is mentioned in Section 3-B that road safety tax shall be collected at the time of registration of motor vehicles .and re.registration is not mentioned.
As there is no mention called re.registration, it is not applicable. But in Central Motor vehicles Rules in Rule 81 under the fees structure there is no mention of re.registration of vehicles. No fees is mentioned for re.registration of vehicles. That does not absolve re.registration cases from the purview of fees.We collect fee for re.registration.
Motor vehicles Act and Rules are best understood only on inferences.
Registration includes re.registration. Whatever applies for registration equally and fully applies for re.registration.
So road safety tax introduced by Act No.9/2009 applies for re.registration too. In cases where it is omitted at least try to collect now otherwise we would be liable to pay from our pocket as per Circular No.5/2008.
Road safety tax is exempted only for State Government vehicles as per Transport Commissioner's letter No.53874/A4/2009 dated 10.11.2009
Thursday, December 31, 2009
Wednesday, December 30, 2009
contract carriages - taxi maxi cab - model permission.
We generally know that if a particular model vehicle is to be registered as a taxi or maxi cab, the permission of State Transport Authority is required to register the vehicle as a contract carriage.
The S.T.A. states that this particular model can be used as a contract carriage and circular instructions are issued based on government orders.
But the Secretary to Government,Home Department in his letter no. Ms.620 dated 27.5.98 has informed that once a permission is granted to a particular type there need not be any necessity to grant permission for each and every variant or type.
For example if TATA SUMO is granted permission to ply as a tourist maxi cab there need not be any necessity for permission to register its variants as tourist maxi cab like Tata Sumo Victa, separately.
Also refer Transport Commissioner letter no. 11323/H3/98 dated 16.3.98
The S.T.A. states that this particular model can be used as a contract carriage and circular instructions are issued based on government orders.
But the Secretary to Government,Home Department in his letter no. Ms.620 dated 27.5.98 has informed that once a permission is granted to a particular type there need not be any necessity to grant permission for each and every variant or type.
For example if TATA SUMO is granted permission to ply as a tourist maxi cab there need not be any necessity for permission to register its variants as tourist maxi cab like Tata Sumo Victa, separately.
Also refer Transport Commissioner letter no. 11323/H3/98 dated 16.3.98
Tuesday, December 29, 2009
Insurance - A court judgement
Generally the Insurance companies absolve themselves from paying any money to the pillion riders of a motor cycle and the occupants of a car in case of any accidents to the vehicles.
Hon'ble Justice Midha of Delhi High Court gave a land mark ruling that the Insurance companies must pay for the pillion riders of a motor cycle and other occupants of a car in case if the vehicles they travel involve in accidents and if they are injured or otherwise.
The case is as follows:-
One Mr. Yash Pal's son was travelling as a pillion rider in a motor cycle and met with a fatal accident. A petition was filed in a Court claiming compensation for the loss of his son by the petitioner against the Insurance company. A lower court dismissed the claim against the insurance company and in the High court the Judge held that the insurance company is indeed liable to pay for the pillion rider.
All the insurance firms which have opposed cases like this admitted in the Court that they are liable and they are ready to pay compensation and they are ready to withdraw any appeal filed in cases like this.
(with courtesy The New Indian Express)
Hon'ble Justice Midha of Delhi High Court gave a land mark ruling that the Insurance companies must pay for the pillion riders of a motor cycle and other occupants of a car in case if the vehicles they travel involve in accidents and if they are injured or otherwise.
The case is as follows:-
One Mr. Yash Pal's son was travelling as a pillion rider in a motor cycle and met with a fatal accident. A petition was filed in a Court claiming compensation for the loss of his son by the petitioner against the Insurance company. A lower court dismissed the claim against the insurance company and in the High court the Judge held that the insurance company is indeed liable to pay for the pillion rider.
All the insurance firms which have opposed cases like this admitted in the Court that they are liable and they are ready to pay compensation and they are ready to withdraw any appeal filed in cases like this.
(with courtesy The New Indian Express)
Thursday, December 24, 2009
N.P. - Multi axle vehicles - Composite tax.
The Transport Commissioner Chennai in his recent letter to all the Transport officers, has reiterated that the multi axle vehicle enjoys 25% concession of composite tax on reciprocal basis.
Already a circular on similar lines was issued in circular no. 32/98.
It was clarified in that letter that the composite tax payable in respect of a multi axle vehicle is 75% of the composite tax due. In other words if the tax due to Karnataka State is Rs.5000/- per year the multi axle vehicle which has 25000 as RLW or more can pay Rs.3750/-. Others have to pay Rs.5000/-. Other vehicles which do not have multi axle do not enjoy this concession.
Transport Commissioner in his letter No. M2/67895/2009 dated 18.12.2009 has stated that Karnataka Government has granted the concession for our State vehicles and so for Karnataka State a Tamil Nadu based national permit vehicle can pay concessional rate of tax in respect of multi axle vehicles.
So for Karnataka State a d.d. of Rs.3750/- for a year is suffice if it is a multi axle vehicle.
Already a circular on similar lines was issued in circular no. 32/98.
It was clarified in that letter that the composite tax payable in respect of a multi axle vehicle is 75% of the composite tax due. In other words if the tax due to Karnataka State is Rs.5000/- per year the multi axle vehicle which has 25000 as RLW or more can pay Rs.3750/-. Others have to pay Rs.5000/-. Other vehicles which do not have multi axle do not enjoy this concession.
Transport Commissioner in his letter No. M2/67895/2009 dated 18.12.2009 has stated that Karnataka Government has granted the concession for our State vehicles and so for Karnataka State a Tamil Nadu based national permit vehicle can pay concessional rate of tax in respect of multi axle vehicles.
So for Karnataka State a d.d. of Rs.3750/- for a year is suffice if it is a multi axle vehicle.
Wednesday, December 23, 2009
School vehicles - A Judgement.
On Thursday, the 17the Dec.the Govt. of Tamil Nadu has assured the Hon'ble High Court Chennai that it would close down schools which were not authorized or where the granted authorization expired.
We have to read between the lines and take the substance from it.
For school vehicles we issue permits. The school authorities produce some letters etc etc. But we have to be more cautious in cases like this. It is our duty to see that the school is authorised by the Government to conduct the classes.
1. We may ask the school authorities to produce a certificate from education department that the school is authorised one. Because lot of nursery or middle schools function without recognition. Even in Vedaranyam incident the school has no recognition.
2. We may also write to the educational authorities before issuing the permit whether the school is a recognised one.
Already a public interest litigation has been filed by an activist for taking action against the transport department officials in a school van accident where many precious lives have been lost.
We may also make a check with reference to validity of permit of the vehicles. In many cases the permit has already expired and the vehicles are running as the school never knew that the permit has to be renewed. They see only when the school reopens in the May season. Out of ignorance the school fail to take notice of lapse of permit.
But the legal maxim is "IGNORANCE IS NOT AN EXCUSE".
We have to read between the lines and take the substance from it.
For school vehicles we issue permits. The school authorities produce some letters etc etc. But we have to be more cautious in cases like this. It is our duty to see that the school is authorised by the Government to conduct the classes.
1. We may ask the school authorities to produce a certificate from education department that the school is authorised one. Because lot of nursery or middle schools function without recognition. Even in Vedaranyam incident the school has no recognition.
2. We may also write to the educational authorities before issuing the permit whether the school is a recognised one.
Already a public interest litigation has been filed by an activist for taking action against the transport department officials in a school van accident where many precious lives have been lost.
We may also make a check with reference to validity of permit of the vehicles. In many cases the permit has already expired and the vehicles are running as the school never knew that the permit has to be renewed. They see only when the school reopens in the May season. Out of ignorance the school fail to take notice of lapse of permit.
But the legal maxim is "IGNORANCE IS NOT AN EXCUSE".
Tuesday, December 22, 2009
Autorickshaws - Distance
When we grant permits to autorickshaws, we have to specify in the permit the area of operation i.e. the extent of area the autos can operate.
The Transport Commissioner, Chennai has issued a circular in this regard.
He says that the autos can travel up to 30kms from the center point of the place from which the party wants to operate.
There is no bar in granting permit to a person who resides in a town or village or panchayat limit. The maximum distance the contract carriage can operate is 30 kms from his place of business.
See circular no. 104/2000
We may learn a new word associated with transport field.
Chmsl:- A short form for
Center high mounted spot light. An additional brake light.
If you want to know the meaning for any word associated with vehicle there is a site for you. www.motorera.com. If you go through this web site you can find meanings for all the terms associated with vehicle. And also pictures for spares of vehicles.
The Transport Commissioner, Chennai has issued a circular in this regard.
He says that the autos can travel up to 30kms from the center point of the place from which the party wants to operate.
There is no bar in granting permit to a person who resides in a town or village or panchayat limit. The maximum distance the contract carriage can operate is 30 kms from his place of business.
See circular no. 104/2000
We may learn a new word associated with transport field.
Chmsl:- A short form for
Center high mounted spot light. An additional brake light.
If you want to know the meaning for any word associated with vehicle there is a site for you. www.motorera.com. If you go through this web site you can find meanings for all the terms associated with vehicle. And also pictures for spares of vehicles.
Monday, December 21, 2009
Advance Number in " G " series - RTO Cannot allot.
The Government have clarified that any requisition for advance number in G series for Government vehicles has to be considered by the Government only and not the RTO.
The Transport Commissioner has also issued a recent circular in this regard. Circular No.17/2009 specifically states this.
The Government in letter No. 33829/Tr.VI/2008-5 dated 5.10.2009 has issued instructions that any advance number in G series without prior allotment by the Government should not be allotted by the Registering Authority on his own. If Collector or S.P. of a District requests any advance number in the current series that too within the stipulated 1000 bench mark then the Registering Authority can inform that the number is available and Government alone is competent to allot such advance number.
In a recent incident, an advance number alloted by an RTO was cancelled by the Government. So any advance number in G series even within 1000 numbers, can be allotted by the Government only.
The Transport Commissioner has also issued a recent circular in this regard. Circular No.17/2009 specifically states this.
The Government in letter No. 33829/Tr.VI/2008-5 dated 5.10.2009 has issued instructions that any advance number in G series without prior allotment by the Government should not be allotted by the Registering Authority on his own. If Collector or S.P. of a District requests any advance number in the current series that too within the stipulated 1000 bench mark then the Registering Authority can inform that the number is available and Government alone is competent to allot such advance number.
In a recent incident, an advance number alloted by an RTO was cancelled by the Government. So any advance number in G series even within 1000 numbers, can be allotted by the Government only.
Saturday, December 19, 2009
How to Win Friends and influence People.
Books are a great source of inspiration. The book of Arichandra changed Mohandoss as Mahatma. There are many tales like this.
One book that appeals to everyone is by Dale Carnegie titled as How to Win Friends and influence people.
Though many might have read it, for those who have not so far gone through the book,the essence is given here.
Dale points out certain important things if you wish to be a peoples' person.
There are 10 important traits a person should have if he wants to earn more friends and influence others.
They are.
1. Every one has some good quality. Find out and appreciate that. Some one may have good handwriting, good personality, excellent dress sense, etc etc. Look for that and give whole hearted appreciation.
2. If you want to catch a fish, you should put the food that is liked by the fish in the hook and not otherwise. Like wise when you wish others should do what you expect from them, tell them the benefits that would accrue to them. Then see how the work is finished.
3. The most inexpensive thing is SMILE. Smile a lot. It attracts others. When others greets you greet them wholeheartedly with a broad smile. You could see the transformation soon.
4. Never speak about always yourself. Allow others to speak. Let them sing their tunes. The sweetest tune to others is their voice, listen with intent when others speak. You can earn more friends by being reticent, then by speaking.
5. Do not argue. The best way to win an argument is to avoid it. The more you argue the more you tend to become too personal. It will invite unwanted things.
6. When you commit an error or mistake, admit openly, there is nothing wrong even if you say sorry, let it be to your friend,boss or other colleagues or to your family members. If you wrongly scold your siblings or wards, there is nothing wrong in feeling sorry for that.
7. When you embark on some big projects, celebrate the little improvements. If you are a boss, when your colleagues show some improvements in a work, appreciate it with a cup of coffee. This will be a great impetus to them for further improvement.
8. When some one tells that he has doubts about his ability to finish the work, tell them their achievements, tell him with confidence that you believe him.
9. Even for very big problems there lies a solution. In the times of Archimedes when his country was surrounded by a Roman Ship, the King called the scientist and asked what to do if the enemy attacked them since the Romans were a powerful foe.The Scientist had a wonderful solution. He had hundreds of concave mirrors specifically designed for this purpose and erected on the sands of his country's sea shore. When the Sun's rays touched the mirrors, it returned the rays with much force and reflected on the ship that was standing in the sea. The ship was burnt down like a torched hay stock. The entire enemy was destroyed by a simple idea. No war no loss only ideas. So for every problem there lies a solution.
10. Money is needed for a comfortable living. But that is not the be all and end all for everything.Human relations are more important than money. People crave for appreciation and praise. Give them freely without any hitch. See the sea change.To improve the friends circle spread the sweetness of appreciation, smile etc.
The book tells lot of simple ideas like this. For a change we may follow some thing that is easy for us.
One book that appeals to everyone is by Dale Carnegie titled as How to Win Friends and influence people.
Though many might have read it, for those who have not so far gone through the book,the essence is given here.
Dale points out certain important things if you wish to be a peoples' person.
There are 10 important traits a person should have if he wants to earn more friends and influence others.
They are.
1. Every one has some good quality. Find out and appreciate that. Some one may have good handwriting, good personality, excellent dress sense, etc etc. Look for that and give whole hearted appreciation.
2. If you want to catch a fish, you should put the food that is liked by the fish in the hook and not otherwise. Like wise when you wish others should do what you expect from them, tell them the benefits that would accrue to them. Then see how the work is finished.
3. The most inexpensive thing is SMILE. Smile a lot. It attracts others. When others greets you greet them wholeheartedly with a broad smile. You could see the transformation soon.
4. Never speak about always yourself. Allow others to speak. Let them sing their tunes. The sweetest tune to others is their voice, listen with intent when others speak. You can earn more friends by being reticent, then by speaking.
5. Do not argue. The best way to win an argument is to avoid it. The more you argue the more you tend to become too personal. It will invite unwanted things.
6. When you commit an error or mistake, admit openly, there is nothing wrong even if you say sorry, let it be to your friend,boss or other colleagues or to your family members. If you wrongly scold your siblings or wards, there is nothing wrong in feeling sorry for that.
7. When you embark on some big projects, celebrate the little improvements. If you are a boss, when your colleagues show some improvements in a work, appreciate it with a cup of coffee. This will be a great impetus to them for further improvement.
8. When some one tells that he has doubts about his ability to finish the work, tell them their achievements, tell him with confidence that you believe him.
9. Even for very big problems there lies a solution. In the times of Archimedes when his country was surrounded by a Roman Ship, the King called the scientist and asked what to do if the enemy attacked them since the Romans were a powerful foe.The Scientist had a wonderful solution. He had hundreds of concave mirrors specifically designed for this purpose and erected on the sands of his country's sea shore. When the Sun's rays touched the mirrors, it returned the rays with much force and reflected on the ship that was standing in the sea. The ship was burnt down like a torched hay stock. The entire enemy was destroyed by a simple idea. No war no loss only ideas. So for every problem there lies a solution.
10. Money is needed for a comfortable living. But that is not the be all and end all for everything.Human relations are more important than money. People crave for appreciation and praise. Give them freely without any hitch. See the sea change.To improve the friends circle spread the sweetness of appreciation, smile etc.
The book tells lot of simple ideas like this. For a change we may follow some thing that is easy for us.
Friday, December 18, 2009
Painting of School/College vehicles.
The Government have amended Tamil Nadu Motor vehicles Rules 1989 to specify the painting of educational institution vehicles.
The Government wanted that school vehicles shall be separately identified from a long distance so that other road users may be aware of an impending vehicle carrying school children.
Rule 349-A describes how a school vehicle has to be painted.
The vehicle should be painted fully in highway yellow colour.
The inscription school bus or college bus shall be painted in the front and rear top of the vehicle in bold and clearly visible letters so that any one from a long distance can easily identify the vehicle.
On both exterior sides and on both front and rear exterior the diagram school/college bus shall be painted in dark blue colour with yellow background in 60 and 20 cms respectively .That is 60 cms for both exteriors and 20 cms for front and rear exterior.
Any auto or contract carriage like maxi cabs which carry children to schools in their trips shall display a board :ON SCHOOL DUTY;
Circular no. 44/2008 and G O Ms 1144 dated 9.9.2008
The Government wanted that school vehicles shall be separately identified from a long distance so that other road users may be aware of an impending vehicle carrying school children.
Rule 349-A describes how a school vehicle has to be painted.
The vehicle should be painted fully in highway yellow colour.
The inscription school bus or college bus shall be painted in the front and rear top of the vehicle in bold and clearly visible letters so that any one from a long distance can easily identify the vehicle.
On both exterior sides and on both front and rear exterior the diagram school/college bus shall be painted in dark blue colour with yellow background in 60 and 20 cms respectively .That is 60 cms for both exteriors and 20 cms for front and rear exterior.
Any auto or contract carriage like maxi cabs which carry children to schools in their trips shall display a board :ON SCHOOL DUTY;
Circular no. 44/2008 and G O Ms 1144 dated 9.9.2008
Thursday, December 17, 2009
AG - AN Allotment by Government
A question that comes to our mind is if G is allotted for the Government vehicles can we allot AG also for Government vehicles.
The Government have issued a Government order in G.O.Ms.1013 Home (Tr.VI) Department dated 21.10.2003 that AG series shall be reserved for Government vehicle and AN series for Transport corporations.
The order further states that AG series can be opened in offices where already double series is opened. In other words in offices where routine registration starts in AA series, there only AG series can be allotted by the Government. Where AA series has not started then any Government number in AG series cannot be allotted.
So AG and AN are reserved for Government and STUs respectively.
The Government have issued a Government order in G.O.Ms.1013 Home (Tr.VI) Department dated 21.10.2003 that AG series shall be reserved for Government vehicle and AN series for Transport corporations.
The order further states that AG series can be opened in offices where already double series is opened. In other words in offices where routine registration starts in AA series, there only AG series can be allotted by the Government. Where AA series has not started then any Government number in AG series cannot be allotted.
So AG and AN are reserved for Government and STUs respectively.
Wednesday, December 16, 2009
Sri Lankan Tamils - Issue of Driving licence.
The Government have taken a lot of initiatives for the welfare of the Sri Lankan Tamils settled in various camps in Tamil Nadu.
One among them is the issue of driving licence for them.
The Government in letter No.32171/M.V.1/2008/3 Public Department dated 29.7.08 have ordered that the Sri Lankan Tamils settled in camps may apply for driving licences with a letter from the Collector that they are settled in camps.
Now Transport Commissioner Chennai has issued a circular No.24/09 which gives guidelines for issue of licences to Sri Lankan Tamils .
The Circular says as follows:-
On the basis of
a. A certificate or report issued by the Tahsildar in charge of the camp where the applicant is the inmate
b. The identy card issued by the Government
a driving licence can be issued to the Sri Lankan Tamils.
One among them is the issue of driving licence for them.
The Government in letter No.32171/M.V.1/2008/3 Public Department dated 29.7.08 have ordered that the Sri Lankan Tamils settled in camps may apply for driving licences with a letter from the Collector that they are settled in camps.
Now Transport Commissioner Chennai has issued a circular No.24/09 which gives guidelines for issue of licences to Sri Lankan Tamils .
The Circular says as follows:-
On the basis of
a. A certificate or report issued by the Tahsildar in charge of the camp where the applicant is the inmate
b. The identy card issued by the Government
a driving licence can be issued to the Sri Lankan Tamils.
Tuesday, December 15, 2009
Invalid carriages - Regn or Alteration.
Section 2(18) of M.V.Act defines an invalid carriage as a motor vehicle designed specifically for the use of physically challenged people.
The Government of India has issued a notification in RT No.11012/12/01 MVT dated 23.7.08 describing the modalities to be followed either to register an invalid carriage or to alter an existing vehicle as an invalid carriage.
Previously Section 52. of the M.V.Act was acting as an impediment for altering a vehicle as an invalid carriage. But by this notification, the Government have granted exemption under Section 52 of M.V.Act to alter a vehicle as an invalid carriage.
1. Permission to such a conversion can be granted for a vehicle owned by a person who is actually disabled and who is driving the vehicle. A Doctor certificate is needed that the individual can drive the invalid carriage. Such a person should undergo a test and prove his ability to drive such a vehicle. A person with a disabiity of not able to use his legs and below the knee or thigh should have all the controls and modifications that he can use by his hand.
2. If any proto type vehicle is available which in other words if any vehicle is available as an invalid carriage directly from the manufacturers then such permission is not needed and the vehicle can directly registered as an invalid carriage.
3. If a scooter or motor cycle is altered as an invalid carriage then the kit must be procured from an authorised agency.
4. This conversion is valid only till the person with disability holds it.
Also refer circular No.53/2008
The Government of India has issued a notification in RT No.11012/12/01 MVT dated 23.7.08 describing the modalities to be followed either to register an invalid carriage or to alter an existing vehicle as an invalid carriage.
Previously Section 52. of the M.V.Act was acting as an impediment for altering a vehicle as an invalid carriage. But by this notification, the Government have granted exemption under Section 52 of M.V.Act to alter a vehicle as an invalid carriage.
1. Permission to such a conversion can be granted for a vehicle owned by a person who is actually disabled and who is driving the vehicle. A Doctor certificate is needed that the individual can drive the invalid carriage. Such a person should undergo a test and prove his ability to drive such a vehicle. A person with a disabiity of not able to use his legs and below the knee or thigh should have all the controls and modifications that he can use by his hand.
2. If any proto type vehicle is available which in other words if any vehicle is available as an invalid carriage directly from the manufacturers then such permission is not needed and the vehicle can directly registered as an invalid carriage.
3. If a scooter or motor cycle is altered as an invalid carriage then the kit must be procured from an authorised agency.
4. This conversion is valid only till the person with disability holds it.
Also refer circular No.53/2008
Monday, December 14, 2009
Govt. Vehicles - Registration.
The Government have issued an order in G.O.Ms.No.1011 Home (TR.VI)dept. dated 30.11.2009, regarding registration of Government vehicles.
Generally vehicles are purchased in the name of the Head of the Department . The Head of the Department in turn allots the vehicle to various offices spread in the State under his control. So the invoice and sales certificate and temp. reg. papers are in the name of the head of the department . The application for registration is made in the name of the officer to whom the vehicle is allotted in the area where the office is situated.
Technically as per Section 40 of the M V Act , the vehicle shall be registered by the Registering Authority in whose jurisdiction the owner resides.
As there are variations in the records the Government have issued the above Government order.
The Government have directed that the vehicle purchased in the name of the Head of the Department can be registered in a jurisdiction of another RTO where the vehicle is kept for use.
Generally vehicles are purchased in the name of the Head of the Department . The Head of the Department in turn allots the vehicle to various offices spread in the State under his control. So the invoice and sales certificate and temp. reg. papers are in the name of the head of the department . The application for registration is made in the name of the officer to whom the vehicle is allotted in the area where the office is situated.
Technically as per Section 40 of the M V Act , the vehicle shall be registered by the Registering Authority in whose jurisdiction the owner resides.
As there are variations in the records the Government have issued the above Government order.
The Government have directed that the vehicle purchased in the name of the Head of the Department can be registered in a jurisdiction of another RTO where the vehicle is kept for use.
Saturday, December 12, 2009
Nandakumr. I.A.S.
Some stories make an interesting reading. Some gives you a jerk. Some make you to stand and ponder for a long time. It moves your heart, gives a lasting impact.
A recent article in Kumudam, a Tamil weekly gives the reader a fillip, an impetus to think about ourselves.
Nandakumar I.A.S. is such a story.
Many think I.A.S. is very difficult and possible for metro educated youth and enrolling in a Delhi Academy is a must.
All the myth has been shattered by Nandakumar He did not even attend the school.He worked as a mechanic, sold lottery tickets, did errand for the big mechanics in the shop, but had a deep desire to study.
He passed the eighth standard without attending school, but attending his job. X standard went on like this. He got admission in plus one in a subject where there were no takers in the subject.He did B.A.English Literature. His effort to secure an admission in some training academies for I A S has turned futile as they all shut the door for the lad .Then he planned, perspired,prepared and penned the exam and passed out with flying colors. Yes the doors of I A S has finally opened for him.
Now Mr. Nandakumar, I.A.S. is a Deputy Commissioner in Indian Revenue Service.
There is a Tamil couplet which says" A person's Greatness is proportionate to his mind." Thirukural 595 under the caption Energy.
A recent article in Kumudam, a Tamil weekly gives the reader a fillip, an impetus to think about ourselves.
Nandakumar I.A.S. is such a story.
Many think I.A.S. is very difficult and possible for metro educated youth and enrolling in a Delhi Academy is a must.
All the myth has been shattered by Nandakumar He did not even attend the school.He worked as a mechanic, sold lottery tickets, did errand for the big mechanics in the shop, but had a deep desire to study.
He passed the eighth standard without attending school, but attending his job. X standard went on like this. He got admission in plus one in a subject where there were no takers in the subject.He did B.A.English Literature. His effort to secure an admission in some training academies for I A S has turned futile as they all shut the door for the lad .Then he planned, perspired,prepared and penned the exam and passed out with flying colors. Yes the doors of I A S has finally opened for him.
Now Mr. Nandakumar, I.A.S. is a Deputy Commissioner in Indian Revenue Service.
There is a Tamil couplet which says" A person's Greatness is proportionate to his mind." Thirukural 595 under the caption Energy.
Friday, December 11, 2009
Be proud - We are numero uno
Up your collar. Be proud. The latest statistics indicate we are number one in two wheller population.
But in overall vehicle population Maharastra Stands first followed by Tamil Nadu.
We have around one crore vehicle in our State where as Chennai city accounts for 30 lakhs. Every year we add 4 lakh new vehicles on the road . The growth rate is nearly 10% per year.
Likewise Tamil Nadu has more number of automobile units producing vehicles, ancillary things etc.
By the way everyone is interested to know some new things. Why not we know a new word to day relating to transport department.
Homologate:= Approval, official approval,
Before any racing event like car racing or bike racing, the organisers have to homologate the vehicles that take part in the race. In other words the authorities have to approve the vehicles for their fitness to take part in the racing. To Register a foreign vehicle the Government have to homologate the design of the vehicle.
But in overall vehicle population Maharastra Stands first followed by Tamil Nadu.
We have around one crore vehicle in our State where as Chennai city accounts for 30 lakhs. Every year we add 4 lakh new vehicles on the road . The growth rate is nearly 10% per year.
Likewise Tamil Nadu has more number of automobile units producing vehicles, ancillary things etc.
By the way everyone is interested to know some new things. Why not we know a new word to day relating to transport department.
Homologate:= Approval, official approval,
Before any racing event like car racing or bike racing, the organisers have to homologate the vehicles that take part in the race. In other words the authorities have to approve the vehicles for their fitness to take part in the racing. To Register a foreign vehicle the Government have to homologate the design of the vehicle.
Thursday, December 10, 2009
Conversion of Transport Vehicle to N.T. - tax liablity
The Government have issued a letter in Letter No.353 Home (Tr.I)Department dated 20.2.2004 prescribing the guidelines for collection of tax for Transport vehicles converted as non transport vehicle.
Suppose if a tourist taxi registered on 20.2.2000 is surrendered to day then we have to collect the life tax applicable to non transport vehicle.,if the registration date of the vehicle happens to be any day after 1.7.98. We have to collect the life tax for the original value of the vehicle.
Only those vehicles which were originally registered prior to 1.7.1998, the option of paying annual tax is available. For others life tax is must.
Also refer circular No.21/2004
Suppose if a tourist taxi registered on 20.2.2000 is surrendered to day then we have to collect the life tax applicable to non transport vehicle.,if the registration date of the vehicle happens to be any day after 1.7.98. We have to collect the life tax for the original value of the vehicle.
Only those vehicles which were originally registered prior to 1.7.1998, the option of paying annual tax is available. For others life tax is must.
Also refer circular No.21/2004
Wednesday, December 9, 2009
Idle Tax or ULW Tax.
Though there is no legal term called idle tax, the tax levied on transport vehicles for which permit was not obtained is called idle tax or ulw tax.
The Government has issued an order in this .
G O Ms 2610 Home (Tr.I) dated 28.9.1977 holds good for idle vehicles.
The Government says that if the transport vehicles not covered by permit move empty from one district to another or from other state to this State on a temporary permit with FC or covered under exemption, or permit, be taxed on the basis of their unladen weight.
Therefore it is clear that if the vehicle is not used tax need not be paid. If the vehicle is used on the road then tax to be paid on ulw basis.If the vehicle is found to be misused by carrying goods without any permit then the regular tax with penalty has to be collected.
Also refer circular No.78/96
The Government has issued an order in this .
G O Ms 2610 Home (Tr.I) dated 28.9.1977 holds good for idle vehicles.
The Government says that if the transport vehicles not covered by permit move empty from one district to another or from other state to this State on a temporary permit with FC or covered under exemption, or permit, be taxed on the basis of their unladen weight.
Therefore it is clear that if the vehicle is not used tax need not be paid. If the vehicle is used on the road then tax to be paid on ulw basis.If the vehicle is found to be misused by carrying goods without any permit then the regular tax with penalty has to be collected.
Also refer circular No.78/96
Tuesday, December 8, 2009
Say this Prayer - See the change.
In our mundane life, we see problems in everything be it home, office, etc etc.
Many spiritual Gurus have evolved several ways to mitigate this fear.
One among them is Prayer.
A prayer couched in simple, lucid prose would change our life.
Utter daily at any time, spare two minutes, say loudly or to yourself and see the change.
: Teach me to be Humble.
Teach me to respect another life and to accept that just as I am entitled to my
opinion others are too.
Teach me to contribute selflessly and without expectation.
Teach me to forgive every act of unkindness and injustice to me
Teach me to forget and unlearn what may not be relevant to me as I journey
along.
Teach me to conquer anger and to attain that state of Ahimsa when all violence
inside me subsides and true love prevails.
Teach me to avoid hatred and jealousy.
Teach me to resist ruinous temptations and to employ discretion at times
when I may waver.
Teach me to remain detached from the fruits of action and to know that if the
motive is pure and the means are correct in the end it will be fine.
Teach me to be ever grateful for this life and its experience.
(With Courtesy from The Indian Express)
Many spiritual Gurus have evolved several ways to mitigate this fear.
One among them is Prayer.
A prayer couched in simple, lucid prose would change our life.
Utter daily at any time, spare two minutes, say loudly or to yourself and see the change.
: Teach me to be Humble.
Teach me to respect another life and to accept that just as I am entitled to my
opinion others are too.
Teach me to contribute selflessly and without expectation.
Teach me to forgive every act of unkindness and injustice to me
Teach me to forget and unlearn what may not be relevant to me as I journey
along.
Teach me to conquer anger and to attain that state of Ahimsa when all violence
inside me subsides and true love prevails.
Teach me to avoid hatred and jealousy.
Teach me to resist ruinous temptations and to employ discretion at times
when I may waver.
Teach me to remain detached from the fruits of action and to know that if the
motive is pure and the means are correct in the end it will be fine.
Teach me to be ever grateful for this life and its experience.
(With Courtesy from The Indian Express)
Monday, December 7, 2009
Other State EIV - Tax exemption.
If the Educational institution vehicles of other States enter into this State on temporary permit what about the tax to this State.
The Government of Tamil Nadu has issued a Government order in this regard.
G O Ms No.1226 Home (Tr.I) Department dated 8.9.99 deals with the other State Educational Institution vehicle. This Government Order says that in respect of motor vehicles belonging to the recognized educational institution vehicles of Southern States for plying in the State of Tamil Nadu for a period of not exceeding 7 days for the exclusive tour of the educational institution concerned on reciprocal basis be exempted from payment of tax subject to the condition that the students teachers and staff should carry while travelling identification cards issued by the school/college concerned.
The Government of Tamil Nadu has issued a Government order in this regard.
G O Ms No.1226 Home (Tr.I) Department dated 8.9.99 deals with the other State Educational Institution vehicle. This Government Order says that in respect of motor vehicles belonging to the recognized educational institution vehicles of Southern States for plying in the State of Tamil Nadu for a period of not exceeding 7 days for the exclusive tour of the educational institution concerned on reciprocal basis be exempted from payment of tax subject to the condition that the students teachers and staff should carry while travelling identification cards issued by the school/college concerned.
Friday, December 4, 2009
Taxation Rules - Nuggets.
A glance of important provisions of this Rule are detailed below.
Rule 3:- States under what circumstances a Nil Assessment can be made. It deals about the conditions under which a vehicle can be exempted from payment of tax.
Rule 7:- Envisages the last date for payment of tax for various vehicles. It also stipulates that the demand draft taken on the last date can be presented in the next two days.
Rule 8:- fixes the penalty amount for late payment of tax. It dwells on the amount of penalty with reference to the belated payment for various classes of vehicles.
Rule 9:- gives powers to seize the Registration certificate of the vehicle where non payment is noticed.
Rule 11:- calculates the amount of tax to be refunded in case of stoppage of vehicles.
Rule 11-A. elaborates how a life tax already paid for a non transport vehicle can be refunded in case the vehicle moves to Other States and re-registered there.
Rule 3:- States under what circumstances a Nil Assessment can be made. It deals about the conditions under which a vehicle can be exempted from payment of tax.
Rule 7:- Envisages the last date for payment of tax for various vehicles. It also stipulates that the demand draft taken on the last date can be presented in the next two days.
Rule 8:- fixes the penalty amount for late payment of tax. It dwells on the amount of penalty with reference to the belated payment for various classes of vehicles.
Rule 9:- gives powers to seize the Registration certificate of the vehicle where non payment is noticed.
Rule 11:- calculates the amount of tax to be refunded in case of stoppage of vehicles.
Rule 11-A. elaborates how a life tax already paid for a non transport vehicle can be refunded in case the vehicle moves to Other States and re-registered there.
Thursday, December 3, 2009
Disciplinary cases - A Judgement.
There are several judgments which are very useful to Government employees(in disciplinary cases)
One such case is the C E O of Education department vs. The State of Tamil Nadu.
In this case the CEO was issued with a 17(b) charge memo and in the subsequent inquiry the Inquiry officer found that the charges were not proved.
But the Head of the Department did not agree with the findings of the Enquiry officer and awarded punishment.
Against this the CEO moved the High court Chennai.
The High Court allowed the appeal and set aside the order of the Head of the Department.
The reasons the High court found in favour of the CEO are
1. The Head of the Department ought to have strong reasons to disagree with the findings of the Inquiry officer.
2. The Authority should have given a personal hearing and an opportunity to the CEO before ordering punishment.
3. The reasons for the disagreement with the Inquiry officer report were not properly enunciated.
(Hon'ble Justice Dhanapalan in K.Thangamari vs. The State of Tamil Nadu - 2009 judgment)
One such case is the C E O of Education department vs. The State of Tamil Nadu.
In this case the CEO was issued with a 17(b) charge memo and in the subsequent inquiry the Inquiry officer found that the charges were not proved.
But the Head of the Department did not agree with the findings of the Enquiry officer and awarded punishment.
Against this the CEO moved the High court Chennai.
The High Court allowed the appeal and set aside the order of the Head of the Department.
The reasons the High court found in favour of the CEO are
1. The Head of the Department ought to have strong reasons to disagree with the findings of the Inquiry officer.
2. The Authority should have given a personal hearing and an opportunity to the CEO before ordering punishment.
3. The reasons for the disagreement with the Inquiry officer report were not properly enunciated.
(Hon'ble Justice Dhanapalan in K.Thangamari vs. The State of Tamil Nadu - 2009 judgment)
Wednesday, December 2, 2009
Driving schools - New instructions.
The Transport Commissioner has issued instructions in Circular No. 23/2009 regarding issue and renewal of driving school permits.
Previously circular instructions were issued in circular no. 43/2007.A writ petition filed against this circular was dismissed by the Court and subsequently the Transport Commissioner has issued instructions as how to follow the guidelines with the observations of the High court.
Time up to 31.5.2010 is given to driving schools to update their schools as described in circular no. 43/2007.
Till then the existing driving schools can continue functioning and renewal can be made.
The following need not be insisted in granting and renewing school permits.
1.Solvency
2.Use of public Road.
What we have to do?
We have to issue a memo to all the school owners that the driving schools should be updated as per the instructions given in circular no. 43/2007.on or before 31.5.2010 and any failure of strict implementation will forfeit their right to function.
Previously circular instructions were issued in circular no. 43/2007.A writ petition filed against this circular was dismissed by the Court and subsequently the Transport Commissioner has issued instructions as how to follow the guidelines with the observations of the High court.
Time up to 31.5.2010 is given to driving schools to update their schools as described in circular no. 43/2007.
Till then the existing driving schools can continue functioning and renewal can be made.
The following need not be insisted in granting and renewing school permits.
1.Solvency
2.Use of public Road.
What we have to do?
We have to issue a memo to all the school owners that the driving schools should be updated as per the instructions given in circular no. 43/2007.on or before 31.5.2010 and any failure of strict implementation will forfeit their right to function.
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