Rule, 2016

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 818] NEW DELHI, MONDAY, NOVEMBER 28, 2016/AGRAHAYANA 7, 1938

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 28th November, 2016

G.S.R. 1096(E).—Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989, were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways number

G.S.R. 951(E), dated the 8th December, 2015 in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) inviting objections and suggestions from persons likely to be affected thereby before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the said Gazette notification were made available to the public on the 8th December, AND WHEREAS, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (n) of section 64 read with section 56 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely: —

1. (1) These rules may be called the Central Motor Vehicles (21st Amendment) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Motor Vehicles Rules, 1989 (hereinafter referred as the principal rules), in rule 62,-

(a) in sub-rule (1),-

(i) in the first proviso, for the words “after the Inspecting Officer”, by the words “after an Inspecting Officer” shall be substituted;

(ii) after the second proviso, the following proviso shall be inserted, namely:- “Provided also that if the tests specified in the Table under the first proviso are conducted by an Inspecting Officer or authorised testing station in a State/ Union Territory other than the State/ Union Territory where the vehicle is registered, the Inspecting Officer who conducted the tests shall, on the same day or on the following working day, upload his inspection report in Form 38A at the portal http://parivahan.gov.in/vahan and also send the inspection report signed under his hand and seal to the registering authority by speed post for issue of certificate of fitness by the registering authority within fifteen days from the date of the inspection report, if the vehicle is found by the Inspecting Officer to be in compliance with the provisions of the Act and rules and a copy shall be given to the driver of the vehicle:

Provided also that the next fitness certificate is obtained from the inspecting officer or an authorised testing station in the State/ Union Territory of the registering authority where the vehicle is registered.”;

(iii) in the Explanation, for the words “appointed by the State Government” the words “appointed by a State Government” shall be substituted;

(b) after sub-rule (2), the following sub-rule shall be inserted, namely:- “(3) The fee for testing of a vehicle when tested by an Inspecting Officer or authorised testing station, other than the Inspecting Officer in the office of the registering authority, shall be as specified in rule 81.”.

3. In rule 81 of the principal rules, in the Table, after the serial number 11 and the entries related thereto, the following serial number and entries shall be inserted, namely:- “11A. Conducting test of a vehicle by an Inspecting Officer or Authorized testing station other than the Inspecting Officer in the office of the registering authority for grant or renewal of certificate of fitness by the registering authority Motorcycle Three wheeled or light motor vehicle or quadricycle Medium or heavy motor vehicle Manual: Two hundred rupees Automated: Four hundred rupees Manual : Four hundred rupees Automated: Six hundred rupees Manual: Six hundred rupees Automated: One thousand rupees

4. After Form 38 of the principal rules, the following Form shall be inserted, namely:- “FORM 38A [See rule 62(1)] Report of inspection conducted on a transport vehicle by an Inspecting Officer or authorised testing station, other than the Inspecting Officer in the office of the registering authority Vehicle bearing registration number ………………………….. has been inspected by the undersigned today and it is certified that it complies with the provisions of the Motor Vehicles Act, 1988 (59 of 1988) and the Central Motor Vehicles Rules, 1989 and is fit for issue of a Fitness Certificate by the registering authority. This report will be uploaded at the portal http://parivahan.gov.in/vahan and the inspection report signed under my hand and seal will be sent to the registering authority by speed post either today or on the next working day for processing the application for issue of certificate of fitness in respect of the vehicle by the registering authority. Date …………….. Signature, name and designation of the Inspecting Officer or Sign of holder of Place …………….. Authority letter of authorised testing station Road Transport Office in which posted.- District- State- Official seal.”.

[No. RT-11028/15/2015-MVL] ABHAY DAMLE, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i), vide notification number

G.S.R. 590(E), dated the 2nd June, 1989 and last amended vide notification number

G.S.R.1034 (E) dated the 02nd November, 2016.

and Published by the Controller of Publications, Delhi-110054. Nishok Kumar Paria

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Motor Vehicles Act, 1988