Section 163E in The Bihar Motor Vehicles Rules, 1992
163E. Issue and Renewal of licence.
(1)An application for the grant or renewal of a licence shall be made in Form L.T.S. or Form L.T. SAR as the case may be, to the licensing authority.(2)(i)The application for grant of license shall be accompanied with a receipt showing fees as specified in sub-rule (4) of Rule 163G.(ii)The application for renewal of license shall be accompanied with a receipt showing fees as specified in Rule 163G.(3)Licensing Authority shall have regard to the following facts while considering an application for the grant or renewal of license, under these Rules namely:-(i)The applicant is engaged in the business of maintenance, servicing, etc., of Motor Vehicles. The applicant or any member of his staff must be Mechanical/Electrical Automobile Engineering degree or Diploma holder.(ii)The applicant or any member of staff employed by him for testing the vehicle should be able to operate the gas analyser and the smoke meter available with the Testing Station and he should also be able to rectify minor defects of the vehicle.(iii)The premises where the testing of vehicle is proposed to be conducted should be owned by the applicant or is taken on lease by him or is hired in his name, and adequate infrastructure, as required for carrying out the testing work is available in the premises.(iv)The applicant should be in possession of at least one smoke meter or one gas analyser or both approved under sub-rule (3) of Rule 116 of Central Motor Vehicle Rules, 1980.(v)The Bihar Pollution Control Board will also be responsible for testing the calibration of equipments established at the Testing Station.(vi)The applicant should be financially sound to maintain the Pollution Testing Station.(4)The Licensing Authority may, on receipt of an application under sub-rule (1) of Rule 163E and after being satisfied that the applicant has complied with the requirements under sub-rules (2) and (3) of this Rule may grant or renew a Licence.(5)No application for licence shall be refused by the Licensing Authority unless the applicant is given a reasonable opportunity of being heard and reasons for such refusal recorded in writing by the Licensing Authority.(6)(i)A licence granted in Form L.T.S. shall remain valid for a period of two years and may be renewed for a further period of two years if an application is submitted in Form L.T.A. to the Licensing Authority who granted the licence not less than thirty days before the date of its expiry of the original licence.(ii)No application for renewal of the licence shall be refused by the Licensing Authority unless the reasons, for such refusal in writing by the Licensing Authority has been communicated to the applicant.(7)(i)If at anytime, the licence granted under sub-rule (3) of this Rule 163G is lost or destroyed, the holder of the licence shall forthwith intimate the loss of licence to the licensing authority and shall apply, in writing to the said authority for use of a duplicate licence.(ii)On the receipt of an application alongwith receipt of the deposit of appropriate fee specified in sub-rule 4(C) of Rule 163G the Licensing Authority shall issue a duplicate licence clearly marked, 'Duplicate'.(iii)After issue of a duplicate licence, if the original is found, the same shall be surrendered forthwith to the Licensing Authority.(8)The holder of a licence, granted under sub-rule (4) of this Rule shall abide by the following terms and conditions:-(a)To maintain an annual register in which particulars of the vehicles tested for Pollution emission levels shall be mentioned-(i)Pollution under control certificate number.(ii)The registration number, make, model and years of registration of the vehicle tested.(iii)Gas/Smoke levels/percentage of Carbon Monoxide at the time of inspection.(b)To submit monthly return by 5th day of the succeeding month to the Licensing Authority, furnishing information as to the number of vehicle inspected, result of inspection and the number of Pollution under control certificate issued.(c)To make open for test his station available for inspection by Motor Vehicle Inspector or any other officer of the higher rank of Transport Department alongwith the equipment and records maintained by the station.(d)To remove any defect of the motor vehicle to comply with the provisions of sub-rule (2) of Rule 115 of Central Motor Vehicles Rules, 1989.(e)Not to charge for more than prescribed under Rule 163D of these Rules.(f)Not to shift the testing station from premises mentioned in the licence without the prior approval in writing of the Licensing Authority.(9)(i)Pollution testing of the vehicle, submitted by the owner/driver, shall be done by owner of Testing Station shall issue a Pollution Control Certificate essentially to them soon.(ii)The owner of Pollution Testing Station shall put a Sign Board, named 'Pollution Testing Station' at the conspicuous place in which his name, Licence No. and place shall be mentioned.(iii)The owner of Pollution Test Station shall maintain pollution under control of certificates in a bound book of 100 pages in Triplicate each shall be serially numbered and each book shall be authenticated by the Licensing Authority or an officer authorised by him in his behalf.
