Section 57 in The West Bengal Motor Vehicles Rules, 1989
57. Issue and renewal of a certificate of fitness.
(1)Certificate of fitness shall be issued or renewed by the registering authority or by any officer as may be empowered by such authority not below the rank of a Motor Vehicles inspector.(2)An application for issue or renewal of certificate of fitness shall be made in Form C.F.A. or C.F.R.A. to these rules to the registering authority in whose jurisdiction the vehicle is normally kept.(3)There shall be not more than one certificate of fitness in respect of any vehicle.(4)The registering authority by whom the certificate of fitness was last issued or renewed, may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly before the concerned authority.(5)If the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed in the certificate of fitness, he shall apply to the concerned authority not less than fifteen days before the appointed date for a change in the date of inspection stating the reasons thereof.(6)[ If no date, time and place for the next inspection is endorsed on the certificate of fitness as provided for in sub-rule (4), an application for the renewal of a certificate of fitness shall be made in Form C.F.R.A. to these rules not less than one month before the date of expiry of the certificate and the owner of a vehicle in respect of which such application is made shall cause the vehicle to be produced for inspection on such date and at such time and place as the concerned authority may appoint. If the owner fails to make the application on or before the date aforesaid, he shall be liable to pay 150 per cent of the fee prescribed under rule 81 of the Central Motor Vehicles Rules, 1989 for renewal of certificate of fitness and on payment of such fee, a new certificate of fitness may be issued to him. If the owner fails to produce the vehicle for inspection for renewal of certificate of fitness on or before the expiry of last certificate of fitness, he shall be liable to pay 150 per cent of the fee as prescribed under rule 81 of the Central Motor Vehicles Rules, 1989 together with the amount as shown in Schedule E-14.] [Sub-rule (6) substituted vide clause 2(5) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003).](7)If, owing to mechanical break down or other cause, a motor vehicle, after the expiry date of the certificate, lies outside the jurisdiction of the officer of the Motor Vehicles Department by whom the certificate is to be renewed, and who has jurisdiction, the officer of the Motor Vehicles Department, without prejudice to any penalty to which the owner or driver may have become liable, if the vehicle is in his opinion fit for use, make and endorsement in Form C.F. (1) subject to such conditions as he may specify, and authorise its continued use for such time, as may reasonably be necessary for the vehicle to return to the area of the said officer and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return without renewal.(8)If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any Motor Vehicle inspector, be safely driven at a reduced speed to a place of repairs, and if such inspector is satisfied that it is necessary that the vehicle should be so driven, he may endorse in Form C.F. (1) speed and other conditions, if any, and specify the time subject to which the vehicle may be driven to a specified destination for the purposes of repair.(9)When a certificate of fitness has been issued by a prescribed authority, the authority for the purpose of cancellation of the certificate under sub-section (4) if section 56 of the Act shall be the same authority.(10)The authority mentioned in sub-rule (9) of this rule cancelling the certificate of fitness shall give the owner or other person in charge of the vehicle, a notice in Form C.F.C. to these rules and shall along with a report of his action forward the certificate of fitness, certificate of registration and permit if any, to the registering authority under whose direction and control he may be. After the authority has cancelled the certificate of fitness, such authority shall, after making an endorsement in Form C.F.X. to these rules, specify the time when and the conditions subject to which, the vehicle may be driven to a specified destination for the purpose of repair.(11)Nothing in sub-rule (9) shall debar the owner or the person in charge of the vehicle, the certificate of fitness of which has been cancelled, from applying at any time for the restoration of the certificate of fitness if the vehicle has been repaired in such a manner that the provisions of Chapter VII of the Act and the rules made thereunder are complied with. If such a vehicle is inspector and passed within fourteen days of the date of the cancellation of the certificate of fitness but before the date of expiry specified in such certificate, no restoration fee shall be charged. If, however, the vehicle is brought for inspection at any later time, fresh certificate of fitness will be required :Provided that notwithstanding anything contained in this rule, the renewal fee in such a case shall be double the usual fee chargeable for grant or renewal of a certificate of fitness as prescribed in the Central Motor Vehicles Rules, 1989.(12)While inspecting a motor vehicle, the authority shall fill in Form M.V. Ins. to these rules in duplicate, and shall, on completion of inspection deliver the original copy to the owner or his driver.
