Kerala High Court Says Pollution Certificates For BS-IV, BS-VI Vehicles Valid For 1 Year

The Kerala High Court has set aside a government order ("GO") issued by Kerala State Government, prescribing uniform period of validity of Pollution Under Control (PUC) Certificate for all categories of vehicles, irrespective of whether they had been manufactured under BS-IV (Bharat Stage Emission Standards-IV) or BS-VI (Bharat Stage Emission Standards-VI) norms. 

Justice Dinesh Kumar Singh observed that the impugned order/notification prescribed 6 months' validity for PUC Certificate in all categories of vehicles, which was violative of Rule 115(7) of the Central Motor Vehicle Rules, 1989 ("1989 Rules"). 

"It is well stated that executive order cannot overwrite the statutory prescription under the Act or Rules made thereunder. I find that the impugned Government notification so far as lying down for all categories of vehicles irrespective of whether manufactured under BS-IV or BS-VI norms six months validity for PUC is in violation of the statutory prescription under Sub Rule 7 of Rule 115," Justice Singh said. 

Rule 115 of the 1989 Rules regulates emission of smoke, vapor, etc. from motor vehicles, and prescribes emission norms for various categories of vehicles, including the validity of PUC Certificate in respect of each category of vehicle.

Rule 115(7) prescribes that after expiry of a period of one year from the date on which the motor vehicle is first registered, every such vehicle shall carry a valid PUC Certificate issued by an agency authorized by the State government, the validity of which shall be 6 months.

In terms of the provision, for vehicles manufactured under BS-IV or BS-VI norms, the validity of PUC Certificate can be one year. 

Accordingly, the court set aside the impugned order/notification to the extent it prescribed uniform period of 6 months as PUC Certificate validity for BS-IV and BS-VI vehicles. 

"It is made clear that in respect of the vehicles which are manufactured under BS-IV or BS-VI categories, validity of their PUC shall be for a period of 12 months from the date of registration," it said, while disposing of the plea. 

Counsels for Petitioner: Advocates TS Harikumar and PB Sahasranaman

Counsels for Respondents: Advocate M Jayakrishnan Vazhoor and Government Pleader Joby Joseph

Case Title: S. Sadananda Naik v. The Ministry of Road Transport and Highways & Ors., W.P. (C) No. 30776/2023

Citation: 2023 LiveLaw (Ker) 694

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