Search Results on notification for query: "21st GSR 652 (E) 23 September 2021 AUTOMATED TESTING STATION "
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may, having
regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than
a motorcab), and its make and model and other relevant considerations, by notification in the Official
Gazette, specify, in relation to each make and model of a transport vehicle, the 1[maximum gross vehicle
weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:-- (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 2* * * * * (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority.
1. Subs. by s. 18, ibid., for "maximum safe laden weight" (w.e.f. 14-11-1994).
2. Sub-section (4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11-8-2000). (1) Subject to the provisions of sections 59 and 60,
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it
carries a certificate of fitness in such form containing such particulars and information as may be
prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 2[(2) The "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 3[Provided that no such cancellation shall be made by the prescribed authority unless, -- (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 4[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.]
1. Ins. by, s. 23, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 23, ibid., for "sub-section (2)" (w.e.f. 1-9-2019). 3. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-9-2019). 4. Ins. by s. 23, ibid., (w.e.f. 1-9-2019). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). |
