ACHIEVEMENTS
Registration
The movement of cranes required registration under the Motor Vehicles Act. The department refused registration of cranes as Motor vehicles as their height, length, and width did not confirm permissible dimensions. Later on, due to the representation and efforts made by the Association, the motor vehicles department allowed Crane registration under the motor vehicles Act, exempting the Cranes from the Orbit of relevant Rules.
Traffic Department Objections
The Traffic Police Department objected to the movement of Cranes on public Roads considering its traffic hazard. It is well known fact that due to the representation made by the association, the Government has allowed the cranes to ply on the public roads.
Periodical Inspection of Cranes
The Motor Vehicles Department prosecuted Cranes Owners under BMV Rule 1022A,1959. Upon the effective representation made by the Association the Rule 1022A,1959, was deleted by the Govt.
Classification of Vehicles
The Ministry of Surface Transport, Government of India has classified and categorized Cranes as ‘Transport Vehicles’ on12th June 1989.,the Cane Owners Association has filed a writ petition and secured an order for the registration of Cranes as Non-Transport Vehicles.
Registration as dealer under the Maharashtra sales tax act
Due to the efforts put up by the Association contending that the sale and purchase of Cranes and Scrap cannot be construed “as carrying on business”. Thereafter in August 1998, the sales tax department exempted the Transporters and Crane owners from the purview of ‘carrying on business’ from the relevant law.
Recovery of OCTROI
In the year 1993, the octroi department of the BMC started demanding octroi from the Crane Owners at the time of entry into the municipal limits classifying Cranes as Machinery. The Association on behalf of members fought legally and succeeded in getting a declaration from the Honourable High Court that Cranes are vehicles and not machinery and BMC cannot levy Octroi on Cranes.
Representation to the ministry of transport and highways
The Ministry of Road Transport and Highways sought to amend the Central Motor Vehicles amendment Rules, 2020 whereby limiting the driving Speed of Mobile Cranes on the Road to 50 kilometers per hour and steer turning circle diameter of 24 meters conforming to the test procedure as amended from time to time for mobile Cranes manufactured on or after 1st day of April 2021. This amendment would have created hindrances in registering new Mobile Cranes.
The Association made effective representation to the Joint Secretary (MVL), Ministry of Road Transport and Highways, New Delhi, and requested to make necessary changes in the Rules.
High rate of R.T.O. Tax on mobile cranes entering Rajasthan state
Your Association has made an effective representation to the Honourable Transport Minister, Government of Rajasthan, highlighting that:-
R.T.O. Tax on entering the territory of Rajasthan even if not doing any business or job work but even for passing through the state to another state
Rs.1000/-Per Ton per month on Mobile Crane irrespective of its age and value is very high and beyond the scope of any reasoning particularly compared to other states in India. It was further represented and requested the Transport Minister to review Rajasthan state’s R.T.O tax structure and modify the same reasonably similar to other states.
An appeal to the finance minister for modification of GST. Payment by crane renting industry
Your Association has made a representation to the Union Minister of Finance, Government of India, and requested a direction to the competent authority to modify the mode of GST payment to the Government by the Crane renting industry after receipt of payment from their customers for the services rendered instead of GST payment to the Government in advance, whether payment for service received or not.
Other land mark achievements
a) Recognition of Association by Mumbai Port Trust Authorities and authorized to recommend grant of new permit & issue of NOC for annual renewal thereof.
b) Due to efforts made by the Association the Govt. of Andhra Pradesh has reduced the RTO Tax on Mobile Cranes and Construction Equipment.