Section 22 in The Orissa Motor Vehicles Rules, 1993
22. Certificate of fitness (issue and renewal).
(1)A certificate of fitness shall be granted or renewed by an Inspector of Motor Vehicles or Junior Inspector of Motor Vehicles appointed for the purpose of the testing station authorised by the State Government for the purpose :Provided that the Transport Commissioner may also authorise any other officer subordinate to himself and belonging to Orissa Transport Engineering Service to grant or renew the certificate of fitness.(2)The application for the grant or renewal of the certificate of fitness, as the case may be, shall be made in Form II accompanied by a tax clearance certificate in Form III to the registering authority in whose functional area the vehicle is kept or whose functioned area includes the major portion of the route or area to which the permit relating to the vehicle extends.(3)The application shall be forwarded by the registering authority to the Inspector of Motor Vehicles or in his absence to the Junior Inspector of Motor Vehicles, or to any officer authorised by the Commissioner or to the testing station authorised in Sub-rule (1) for disposal, within ten days from the date of receipt of such application and in case of renewal of the fitness certificate within fifteen days from the date of receipt of such application.(4)The authority granting or renewing the certificate of fitness may endorse on the application the date, time and place appointed for the inspection of the vehicles, not later than a date beyond seven days after receipt of the application from registering authority and the owner shall cause the vehicle to be produced accordingly.(5)The authority granting or renewing certificate of fitness shall, after such inspection endorse on the certificate of registration the fact of such grant or renewal thereof with his signature, date and seal thereon, In case of refusal to grant to renew such certificate of fitness, he shall record in writing the reason thereof and shall communicate to the registering authority accordingly with a copy to applicant forthwith.(6)An application for renewal of the certificate of fitness shall be made Form II not less than thirty days before the date of expiry of the certificate and the owner or the person in control of the vehicle shall cause the vehicle to be produced for inspection on such date and at such time and place as appointed under Sub-rule (4).(7)If the owner or the person in control of the vehicle fails to make application under Sub-rule (6) he shall be liable to pay a penalty of [rupees one hundred] [Substituted vide Orissa Gazette Extraordinary No. 136 Dated 28.1.2003-Notification SRO No. 29/ 2003 dated 24.1.2003.] in addition to the fees prescribed for the renewal of the fitness certificate and inspection of motor vehicles.Provided that the delay in making the application may be condoned by the registering authority if he is satisfied that the owner or the person in control of the vehicle was prevented by sufficient cause for such delay.(8)If the owner or the person in control of the vehicle fails to produce the vehicle before the inspecting authority on the date, time and place fixed under Sub-rule (4) but produces the same on some latter date he shall .have to pay a penalty of [rupees one hundred] [Substituted vide Orissa Gazette Extraordinary No. 136 Dated 28.1.2003-Notification SRO No. 29/ 2003 dated 24.1.2003.] :Provided that the omission to produce the vehicle for inspection on the date as fixed under Sub-rule (4) may be condoned by the concerned authority as specified in Sub-rule (3), if he is satisfied about the reasons of failure for such omission and in that pase no penalty shall be imposed.(9)There shall not be more than one certificate of fitness in respect of any motor vehicle.(10)If, owing to mechanical break-down or other cause a motor vehicle is, after the expiry of the certificate, outside the functional area of the Inspector by whom the certificate is to be renewed an inspector of Motor Vehicles, or in his absence, the Junior Inspector of Motor Vehicles or the officer authorised under the proviso to Sub-rule (1) may, 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, by endorsement in Form IV and subject to such conditions as he may specify, authorise its continued use for such time as may reasonably be necessary for vehicle to return to the area of the Inspector by whom the certificate should be renewed, and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return to that area until the certificate has been renewed.(11)If a vehicle is damaged at any time so as to be unfit for ordinary use during the validity of the fitness certificate and may, in the opinion of any Inspector of Motor Vehicles or in his absence the Junior Inspector of Motor Vehicles to be safely driven at a reduced speed to a place of repair and if, he is satisfied that, it is necessary that the vehicle should be so driven, he may by endorsement in Form V specify the time, within which the condition subject to which the vehicle may be driven to a specified destination for the purpose of repair and the limit of speed, beyond which it shall not be driven.(12)The registering authority or any inspector of Motor Vehicles or in his absence the Junior Inspector of Motor Vehicles may, under Sub-section (4) of section 56 cancel the certificate of fitness of a motor vehicle if in his opinion, the vehicle does not comply with the requirements of the Act and rules made thereunder and shall record the reasons for such cancellation in writing and shall further endorse Such cancellation in the certificate of fitness.(13)The authority cancelling the certificate of fitness shall give, the owner of the vehicle, an order in writing with the reason thereof and if he is not the original authority, shall report such action and forward the certificate of fitness to the said original authority for necessary orders to be communicated to the owner of the said vehicle.(14)Any owner or the person in control of the vehicle aggrieved by an order made under this rule may within thirty days of the date on which such order received, appeal against the order to the Deputy Commissioner, Transport of the Zone concerned.(15)The procedure specified in Rule 11 for the conduct of hearing of appeals shall apply mutatis mutandis to all appeals presented under Sub-rule (14).
