Green Tax on Old Motor Vehicles in Maharashtra


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source: TOI

Maharashtra Govt. cabinet in the month of August 2010 decided to levy a Green Tax on private vehicles that are more that 15 years old and commercial vehicle hat have been plying for at least 8 years.The notification had been sent to the President of India for ratification as needed under extant laws.

Implementation was expected before EOY.

Rates: Pvt. Vehicles over 15 years old

Two wheelers 2,000

Petrol vehicles 3,000

Diesel vehicles 3,500

Tax to be paid every 5 years.

This will add to the cost of owning Classic and Vintage Cars.

Get rid of older non classic vechiles.

Rates: For commercial vehicles over 8 years old

Autorickshaws - 750

6 seater Taxis - 1250

Tourist Taxis & Light Good Vehicles: 2500

Vehicles with over 7500 kg capacity: 10% of yearly tax

Contract buses; 2.5% of yearly tax

Service vehciles: 2.5% of yearly tax

Tourist buses: 2.5% of yearly tax.

 There are a total of 21 lakh motor vehicles under this category in the state.

The government has issued a notification dated 15/10/2010 approving the levying of the Green Tax on older motor vehicles.

The taxes will be payable w.e.f. 30/10/2010 and are also applicable to Vintage and Classic motor vehicles. Older ambulances which are exempt from many other taxes fall within the ambit of the Green Tax.


The antidote is a PIL filed in the Nagpur Bench of the Mumbai High Court just a few days (November 2010) back seeking to quash the government notification.

The grounds on which relief has been sought include the facts that:-

(1) The notification was drafted in haste without inviting suggestions, objections and feedbacks from the public and in particular owners of such motor vehicles.

(2)The suit mentions that the notification is illogical and that the implementation of such a law to impose Green Tax is a Central Subject under the MV Act of 1988 and the State of Maharashtra has no jurisdiction. It has exceeded it by enforcing the notification.

(3)There is no mention about the old motor vehicles registered in other states that may be plying in or through the State of Maharashtra and which may cause pollution.

(4)It also states that the imposition of Green Tax is meant to fill the coffers of new motor vehicle manufacturers.

(5)The suit also claims that based on past records, as has been stated in the notification regarding the usage of the tax proceeds, the government has a track record of diverting the proceeds to other heads of budget and not to the ones detailed in the notification.

As the court is on vacation, the vacation judge has referred it to a regular bench for hearing.

A total of 21 lakh old motor vehicles in Maharashtra face the Green Tax Axe as of now.

anjan_c20072010-11-12 14:43:37

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In my opinion, if levying `green tax' is a must, it must be based on the

usage of any vehicle.  And, not based on the age.  A vehicle which is

used in the last 15 years for only 15,000 kms is less polluting than one

which is only 5 years old but had been driven for 1,00,000 kms. 


Most of those who are opposing this green tax may be those who fall

in the above category.  Who own cars for long, but drive less. 


It is a natural corollary that only those who pollute more must pay more.


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This is nonsense! Just purely unfair! Why dont these *****ic morons who run the government have a look at their rubbish ambassadors first! I will have to pay Rs.27,000 for all my cars. And what about those who have classic collections! Why dont they have a stronger Passing Exam like the MOT that we have here in the UK instead of this STUPID non sensical scheme. I am going to publickly oppose this. It is just not fair!

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Agree with CYRUS. Its morally wrong on the part of the Govt to levy this so called Green Tax.

The petition at the High Court has also stated that Government vehicles of all classes older than 15 years are exempted from paying the Green Tax which infringes on the fundamental right to equality. it states that most of the government vehicles are the biggest polluters.

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Most of the golden oldies are owned by the like and are driven very little. So it looks like a case of just trying to raise more revenue. Also, they must all be getting the PUC. If that is corrupt then who is guilty - the state machinery as much as the owner. There may be a far stronger case for penalising the commercial vehicles.

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  • 4 weeks later...

There are two PIL's now filed at the Nagpur Bench of the Mumbai High Court. Both want the Green Tax notification  by the Mah Govt to be quashed .

The court while refusing to pass any interim order has served notices on the respondents and the two cases are to be jointly heard on 15/12/2010.

anjan_c20072010-12-05 17:30:12

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  • 4 months later...

There was another hearing in March, for the two PIL's at the Nagpur Bench of the Mumbai High Court.

I had a talk with one of the plaintiffs (there are two cases) Mr Tushar

Mandlekar, an activist who is himself a lawyer.The other case is filed

by Mrs Thirty Patel, Tushar's teacher and guide for PhD in the P.G.

department of Law here.

The legislature of the Maharashtra Assembly during the budget session

has passed the Green Tax bill and it has become an Act now. Earlier it

was an ordinance passed by the Governor.

The government lawyer hence came with his affidavit stating about the enactment during the last hearing.

So as of now, the two cases stand dismissed, as these were challenging the promulgation of the Governor's ordinance.

So Mr Tushar says that they will have to file new cases to challenge the

Act now.He and Mrs Thirty Patel are on the job and the case will be

filed soon.

Mr Tushar also told me that he does not own a single motor vehicle that

is within the ambit of the Green Tax levy, but he is fighting a social

cause. He rues that the government lawyer was taking adjournments and

became active when the Act was passed.

Another case before the Nagpur Bench of the Mumbai High Court has been

filed yesterday 22/04/2011 challenging the power of the Maharashtra

Legislative Assembly to legislate on the Green Tax issue for 15 year and

older motor vehicles.

As I had clarified earlier, the ordinance passed (effective 31st Oct

2010) earlier by the government has been turned into an Act (Law) after

the state assembly voted and passed the Bill to become law.

I think Nagpurkars are more proactive on this issue, whereas the jurisdiction for taxation is the entire state of Maharashtra.

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  • 1 month later...

One thing I have to state, every vehicle owner should have PUC certificate. i.e. it certifies that the vehicle is non polluting vehicle. this certificate has to get after every 6 months. no vehicle is allowed to ply on road with out PUC certificate. When vehicle owner has such certificate how state could say we are poluting the ciry. If old vehicles are making pollutions it is too less compared to huge number of new vehicles. all vehicle manufactured in past or present has to use petrol/diesel/cng/lpg, lastly it turn out in carbon di-oxide after use in engine. Though new vehicles has less pollution but it is. less pollution multiplied br huge number of vehicles is bigger than nore polution but small number of old vehicles. And what about Railway Diesel Engines? does it not making pollutions as well as noise. Ask people living near by airports. which kind of sound level they has to faced with the huge carbon di oxide exhausted out from aeroplanes. Does Govt. will make them under Green Tax. No. because it is very simpal to recover it from vehicle owners. Govt knows no body will fight. I request to all vehicle owners. stand up be united & fight with Govt. you have the strength. You have the capacity. every car owner is connected with at least one truck owner. Make them to share with you.

Watch your spelling and grammar. As this is your first post it is being let through. Spellings have been corrected, grammar  - has not been corrected.


sgiitk2011-06-19 04:27:43

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