[Lobogris]

Originally Posted by Hayek

Sorry to be asking a naive and rude question but if you live and work in Bangalore, how can you get a car registered in Delhi, that too using a BH series which is linked to your employment. To my mind, you are doing something that is clearly illegal. If you live in a state, you need to pay taxes determined by that state’s government. Or litigate to prove that the tax should not be levied. You can’t give a fake address - that is tantamount to fraud. Am also amazed how the Delhi RTO is issuing BH plates to people who don’t live or work in Delhi.

First of all, there should be no need to re-register a vehicle when moving from one state to another within India. It’s simply the draconian policies followed by states like KA and MH that infringe on the right of a person to drive their vehicle anywhere in India. If you look at Delhi and the rest of North India, there is no such issue. In Delhi, Haryana and UP, people keep their KA, MH, PB and other state registered cars for several years, even decades without any issues. Therefore I don’t see any need for a BH registration in the first place. All registration needs to be equally valid across India. If states are worried about losing revenue by people registering elsewhere then they can become competitive and reduce their own fees. If I were to move to KA tomorrow, I would drive my DL registered vehicle without changing its number for as long as I need. The MV act allows me to do so for a period of one year and that timeframe should reset whenever I travel out and return to the state. The onus is the KA government to prove that I have been driving in KA for a continuous period of over a year. In the interim, anything people do to thwart such draconian policies should be fully supported.

[Hayek]

Originally Posted by itwasntme

@Hayek: my unsolicited inputs is that these addresses are not ‘fake’ de facto nor de juris. Most people maintain unassailable legal proof of address at their hometown AND work in pan-India entities.

Originally Posted by shantanumishra

It is not per-say Illegal, People have dual homes in multiple states and legally they can own cars in those states.

In a nutshell, I would say that its the govt. itself thats forcing people to do such alternate back-routes

Sorry but I disagree and you are legally and morally wrong here. The law is very clear - a vehicle needs to be registered where it is normally located. Of course you can have multiple homes and cars based in each of those homes. But if the car moves from one home belonging to you to another, then you need to change the registered address.

The BH plates are a special case - given to people who work in companies with branches in 5 or more states - in order to enable them to avoid the need for change in registration if they are transferred. In short, there are three tests that need to be met:

1) You are an employee of a company with branches in 5 or more different states
2) You are registering a car at your primary place of work - so it cannot be Delhi if you are currently posted in Bangalore
3) You are in a transferable job where you could be moved to one of the other branches

So nothing stops you from getting a DL plate for a car that you intend to use in your Delhi home while you work in Bangalore. But if you move the car to Bangalore, you must get the registration changed.

You can get a BH plate from Delhi if you are based in your Delhi office and use it in Bangalore if you are transferred. But getting a BH plate car from Delhi while working in Bangalore and using that car in Bangalore is fraud.

And merely going out of the state for a day or two is not enough to establish that the car is based elsewhere.

Frankly with CCTV coverage and Fastag, it is easy to demonstrate where a car is based. Stages like KA could easily crack down on such fraudulent activity. And merely saying that you should be allowed to use your car wherever you want is not correct - there are very clear laws that govern this and if you disagree with the laws, lobby to get them changed.

[Turbanator]

Originally Posted by Hayek

Sorry but I disagree and you are legally and morally wrong here..

I think it’s the State of Karnataka that’s not going in the right spirit to begin with. A car is an asset for 10-15 years and if someone is working in Bangalore but originally belongs to some other place, it’s the state that’s forcing such people to circumvent and buy the vehicles from outside. BH series is done with sole purpose of helping such people who are working away from their home or they might have to go away from home during their employment. So, KA should start accepting such registration. There’s no such rule that if you want to drive the car for 3-4 years then get registered permanently and then apply for refund and new registration. You can drive in any state with BH series, for as long as you need or that’s the way I understand it.

[Aviator_guy]

BH registration can be done either in the state of employment or state of residence. If someone has acceptable residential address proof in the state which allows BH registration, then there is nothing wrong legally to register and drive it anywhere in India including the state of employment.

So people working in KA with employer having offices in 4 or more states can register the car in their home state if it allows BH registration.

However before taking the plunge, one should be aware of the pros and cons of BH registration. Govt guidelines are quite grey at this moment and people may run into unforeseen situations in future during renewal or sale.

[thanixravindran]

Originally Posted by Hayek

Sorry but I disagree and you are legally and morally wrong here

The BH plates are a special case - given to people who work in companies with branches in 5 or more states - in order to enable them to avoid the need for change in registration if they are transferred. In short, there are three tests that need to be

And merely saying that you should be allowed to use your car wherever you want is not correct - there are very clear laws that govern this and if you disagree with the laws, lobby to get them changed.

All of your legal points are valid and citizens are expected to comply as per law.

However why GoK excluded private sector employees who otherwise validly passed the 3 tests you mentioned? Is it not amounting to fraud when GoK just thinks about it's own revenue collection than implementing BH registration in letter and spirit? People resort to 'fraud' when governments deny to be just and fair. And many state governments charge road tax on ex-showroom rather than Pre GST invoice price even after BH notification clearly tells it should be pre GST invoice price. Will it not amount to financial fraud on the people of this country?

Now MoRTH has given guidelines that you can either do BH in residence state or work state to circumvent the southern states reluctance for BH registration. So it is legalised for BH registration.

I am sure you will argue to seek legal remedy and this thread is the result of it and those BHPians are providing stellar service to force GoK to act legally which is just and fair. Unfortunately, many including yours truly have to let go of BH registration and continue to suffer due to non implementation of BH in our states (TN registered car to drive in KA, have suffered enough with my bike for years even after paying road tax on Day 1).

[ananbanka]

Originally Posted by shantanumishra

This is an unfortunate stage, KA RTOs arent allowing any BH registrations.

Alternatively, one of my friends recently got his XUV purchased and BH registration done in WB,

I think Rajain has been given this as an option (even for pre-owned vehicles) for people who are directors in a firm operating in more than 4 states. I really hope that is actually doable.

I forgot to mention, I am getting a pre-owned vehicle that is already registered there. WB RTO isn’t playing along very well because of this. I believe your friend has bought a new vehicle?

[shantanumishra]

Originally Posted by ananbanka

I believe your friend has bought a new vehicle?

Yes, this is correct, he bought a new vehicle, about 2 weeks ago

[ssateesh]

Originally Posted by Nomad

Update on KA BH - Filed Civil Contempt of Court Petition yesterday. Hoping no office objections come in way. Will move an IA as early as possible for a hearing before Honourable High Court goes on vacation.

Will keep you all posted. Thanks to many of you who offered help and moral support!

Hi Nomad,
Any update on caveat if the state has filed in SC? or the contempt petition in HC?

[Nomad]

The contempt of court case came for hearing on Dec 19, 2023 before Honourable High Court. The govt advocate submitted that Govt of KA has filed a Special Leave Petition in Supreme Court. We have sought the case number and other details.

The next step is to wait for notice from Supreme Court and then request for an urgent hearing. I am anticipating it to come up in Jan 2024.

As a thought - A normal citizen can’t fight the system. They all try to tire you out. Numerous legal steps, useless procedures and endless appeal processes. Unless you have lot of money, time and the determination to fight, it is better to pay whatever and whoever and walk off.

[DroopyGarfield]

Originally Posted by Hayek

Sorry but I disagree and you are legally and morally wrong here. The law is very clear - a vehicle needs to be registered where it is normally located. Of course you can have multiple homes and cars based in each of those homes. But if the car moves from one home belonging to you to another, then you need to change the registered address.

You can get a BH plate from Delhi if you are based in your Delhi office and use it in Bangalore if you are transferred. But getting a BH plate car from Delhi while working in Bangalore and using that car in Bangalore is fraud.

And merely saying that you should be allowed to use your car wherever you want is not correct - there are very clear laws that govern this and if you disagree with the laws, lobby to get them changed.

I very recently availed BH series registration in July '23 and wen through a lot of discussions at dealer/RTO level. I wanted to call attention to a lot of (mis)assumptions/understanding that the public at large is having with respect to BH series and I am merely using this post as an example(not a personal attack, hence the long disclaimer):

1. BH series is allowed pan India vide GoI notification and KA is one of the few (if not the only one) which is opposing/resisting it tooth-and-nail.

2. The criteria is laid out very clearly for BH series (4+ state, not 5+ state).

3. If the highlighted text above is correct , BH series would be made redundant and we would not be having this conversation at all.

4. For more legal context, here is the GoI link : https://static.pib.gov.in/WriteReadD...1216145201.pdf


Could someone highlight the exact section in the link above through which KA citizens are ineligible but rest of the country could apply for BH series? I think we all know the answer, but it requires guts to bell the cat.


The biggest point - those private sector employees with offices in 4+ states and having relocated to KA for long term (and no other proof of residence outside KA) are unfairly penalized by being denied BH series registration. Their peers from other states have no such restrictions and the KA HC intervened exactly for such scenario.

[Nomad]

KA BH Update - The Special Leave Petition filed by KA Govt is coming up for hearing on Jan 03, 2024 in Supreme Court. Pretty early hearing than expected. The state is primarily contesting the legality of central govt to make rule like this. In any case this argument was quashed by division bench of Hon High Court of KA.

Fingers crossed. Let justice prevail!

[santosh.s]

@Nomad, did it happen yesterday?

[Nomad]

The SC heard the SLP on Jan 3rd 2024. The govt lawyer argued that tax is a state subject and central govt cannot interfere. The SC admitted the case but refused to stay the KA high court order. Now the case is posted for Feb 2nd 2024 for hearing.

Meanwhile we will move the contempt of court petition. It’s going to be another long fight!

[santosh.s]

As expected.... tarikh pe tarikh

By the way, curious to know one thing. If anything gets proven against an individual, for example "contempt of court" in this case, then the individual is punished. If its a company then it's MD/CEO faces the music. How does the punishment process work when convicted party is a government itself?

[Rajain]

Originally Posted by ananbanka

Hello Rajain. I’ve been struggling with this and no RTO in Bangalore has been helpful. We are buying a car from West Bengal and trying to get a BH registration, but to no avail.

Would you be kind enough to put me in touch with this contact who can help me with the BH re-registration in Bangalore? Would really appreciate it!

Best,
Anan

I was informed by the HSR RTO that they are no longer issuing BH numbers to non Govt employees. Even I was wanting it but they are no longer issuing it.