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C. It is further contended that Ext-P4 notification of the State
Government dated 17.02.2020, extending time for Stage
carriers and KSRTC is highly illegal. The explanatory note to
the said notification has no basis. The same is only vague
and created with totally non-maintainable points. Hence,
interference from this Court is necessary in the matter.
D. The Explanatory note to Exhibit-P4 notification enumerates
that various associations of motor vehicle industry have
approached the Government citing practical problems faced
by them relating to the fitting of vehicle location tracking
devices in vehicles, and requested to withdraw the decision
of fitment of VLTDs mandatory or supply the VLTDs free of
cost or in subsidized rate, since the industry is undergoing
financial constraints. Further, it states that the Managing
Director of KSRTC has informed that in the current
situation, the management is going through a severe
financial crisis and is unable to produce buses for fitness
tests after fitting VLTDs before 14.02.2020. It was for this
reason, extension was granted for the two categories. The
reason for requesting a time extension is not at all
reasonable. The maximum cost of the device will be only
below Rs.10,000/-. Proportional fare stage hike has been
granted to the Private Bus Operators. Hence, time extension
for this category is totally illegal and arbitrary, and the
action of the State Government is against the scheme and
its objective.
Various Associations of Motor Vehicle Industry have
approached Government citing the practical problems faced by
them in the fitment of Vehicle Location tracking Devices in
vehicles and requested to withdraw the decision of fitment of
VLTDs mandatory or supply the VLTDs free of cost or in
subsidised rate as the industry is undergoing financial constraints.
Managing Director, Kerala State Road Transport Corporation
has informed that in the current situation the management is
going through a severe financial crises and they are unable to
produce buses for fitness test after fitting VLTDs before
14.02.2020. As a result, KSRTC will not be able to operate about
300 buses in the coming months due to the non-availability of
certificate of fitness, which will lead to severe travel difficulties
and further worsening the financial position of the Corporation.
Hence, it is requested for exempting the KSRTC buses from the
fitment of VLTDs or to extend the time limit considering their
financial crises. Considering their request, Government have
decided to extend the date for compliance of the same upto
31.12.2020 by making an amendment to the Schedule to the
said notification.
AMENDMENT
In the SCHEDULE to the said notification, for the entries against
serial No.5 in column (3), the entries "31/12/2020" shall be
substituted.
By order of the Governor,
K.R JYOTHILAL
Principal Secretary to Government
Explanatory Note
(This does not form part of the notification, but is intended to
indicate its general purport.)
As empowered by the Ministry of Road Transport and
Highways through notification No.S.O.5454(E) dated 25 th
October, 2018, State Government have notified the date of
compliance for installation of Vehicle Location Tracking Devices in
respect of various categories of vehicles vide notification
published as S.R.O. No.931/2019 in the Kerala Gazette
Extraordinary No.2918 dated 28th November, 2019.
Various Associations of Goods Motor Vehicle Industry have
approached Government citing the practical problems faced by
them in the fitment of Vehicle Location Tracking Devices in
vehicles and requested to extend the time limit for installation of
Vehicle Location Tracking Devices for goods vehicles upto 31 st
December, 2020 in the wake of Covid-19 pandemic.