Section 129A in The Orissa Motor Vehicles Rules, 1993

[Cites 0, Cited by 0] [Entire Act]

State of Odisha - Section

Section 129A in The Orissa Motor Vehicles Rules, 1993

129A. [ Checking of pollution standard and authorisation of pollution Testing Centres. [Substituted vide Orissa Gazette Extraordinary No. 1080 dated 16.10.1996, Notification SRO No, 790/96 dated 15.10.1996.]

(1)The 'Pollution under control' certificate referred to in Sub-rule (7) of Rule 115 of the Central Motor Vehicles Rules, 1989 shall be issued by any pollution testing centre authorised in this behalf in accordance with the provisions contained in this Rule.]

(2)A 'pollution under control' certificate issued under this rule shall be valid for a period of six months.

(3)[ The amount of Pollution Testing Fees in respect of the categories of vehicles shall be charged at the rate specified against each such category as mentioned in the Table given below-] [Substituted vide Orissa Gazette Extraordinary No. 1455 dated 10.10.2006.]

Sl. No.	Type of Vehicle	Revised rates(including cost of thecomputerised photo)
1	2	3
1	2 & 3 wheelers	Rs. 40.00
2	Light Motor Vehicle	Rs.60.00
3	Medium & Heavy Motor Vehicle	Rs.100.00

(4)An application for grant or renewal of authorisation for pollution testing centre shall be made in Form XL to the [Additional/] [Inserted vide Orissa Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) and for such authorisation a fee of rupees two thousand shall be charged :Provided that no such application shall be entertained unless the same is accompanied by a receipt showing payment of fee of rupees two thousand and the security deposit of rupees ten thousand in the manner specified by the Commissioner.

(5)The [Additional/] [Inserted vide O. Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) may, on receipt of an application under Sub-rule (4), grant or renew authorisation in Form XLI. Where grant or renewal of an application is refused, he shall furnish the applicant an order in writing specifying the reasons for such refusal and refund the security deposit in full and fifty per cent of the fee paid alongwith the application and accordingly will issue a refund voucher.

(6)The authorisation issued or renewed under Sub-rule (5) shall be in respect of such area as mentioned there and shall be valid for a period of one year:Provided that application for renewal of an authorisation shall be made not less than thirty days before the date of its expiry :Provided further that an application for renewal of an authorisation made after the date specified above may be entertained on payment of an additional fee of rupees one thousand.

(7)The [Additional/] [Inserted vide Orissa Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) while considering an application for grant of renewal of an authorisation under this rule, shall have regard to the following matters namely :

(a)that the applicant is engaged in the business of maintenance and servicing of vehicles and the applicant has the infrastructure as required for carrying the jobs connected with repairs, maintenance and servicing of vehicles :

Provided that an owner of the filling station either having or without having the facility for maintenance and servicing of vehicles may be considered for grant of authorisation :

(b)that the applicant at the time of making an application possesses-

(i)a smoke meter of the type approved under Sub-rule (3) of Rule 116 of the Central Motor Vehicles Rules, 1989; and

(ii)an instrument for the measurement of carbon monoxide and hydrocarbons of the type approved under Sub-rule (3) of Rule '116 of the Central Motor Vehicles Rules, 1989;

(c)that the applicant and his staff are duly qualified to test and repair vehicles with regard to emissions;

(d)that adequate space available for testing repair, maintenance, servicing and parking of vehicles;

(e)that the applicant is financially sound to maintain the pollution testing centre;

(f)that in case of renewal, the past conduct of the applicant and performance of the pollution testing centre are satisfactory; and

(g)any other matter which may be specified by the Commissioner.

(8)The pollution testing centre shall-

(a)maintain a register in the following format and record all correct and complete particulars required under different columns therein neatly in respect of every vehicles tested.

Registration No. of the vehicle	Make, Model and date of first Registration of thevehicle	Carbon Monoxide, hydrocarbons, oxides ofnitrogen, emission levels (as the case may be) at the time oftest before adjustment and tuning	Date and time of test	Signature of the person conducting the test	Details of certificate issued	Signature of the authorised person who signed thecertificate
(1)	(2)	(3)	(4)	(5)	(6)	(7)

(b)issue "Pollution under control" certificate in Form-XLII only under the signature of a person authorised by the [Additional/] [Inserted vide O. Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) in respect of every vehicle if the standard of pollution in relation to such vehicle is found after the test to be within the limit prescribed under Sub-rule (2) of rule 115 of the Central Motor Vehicles Rules, 1989;

(c)issue a certificate to the owner of the vehicle if the pollution standard of a vehicle is found after test to be contravening the limit prescribed under Sub-rule (2) of rule 115 of the Central Motor Vehicles Rules, 1989 and the vehicle requires major repairs to control the emission level, giving the detailed particulars and the result of the test and repairs recommended in Form XLIII;

(d)produce all records maintained for inspection on demand by any officer of the Orissa Motor Vehicles Department not below the rank of Traffic Inspector or Junior Inspector of Motor Vehicles or any other officer authorised by the Commissioner;

(e)allow any officer authorised by the Commissioner on his behalf to inspect the pollution testing centre with regard to the efficiency of the equipments, procedure, followed for testing of vehicles, issue of "Pollution Under Control" certificates, behaviour of the staff towards the vehicle owners and the irrepresentatives and other aspects of working of the testing centre;

(f)keep open the testing centre from 8 A.M. to 12.0; clock noon and 4 P.M. to 8 P.M. and shall operate on ail the seven days in a week except on national holidays;

(g)prominently display a board with inscription "Pollution Testing Centre" open from 8 P.M. to 12.0; clock noon and from 4 P.M. to 8 P.M. in front of the centre to enable the vehicle owners to easily locate the centre;

(h)keep in the centre an up-to-date copy of the Motor Vehicles Act, 1988, together with Central Motor Vehicles Rules, 1989 and Orissa Motor Vehicles Rules, 1993 and relevant notifications which shall be referred to in case of any doubt entertained by any vehicle owner or his agent producing the vehicle for test;

(i)obey all directions/instructions issued by the Commissioner from time to time;

(j)maintain proper record of vehicles checked for pollution levels in the centre in the prescribed format and submit monthly reports to the Commissioner by fifth of the succeeding month;

(k)not alter its place of business specified in the authorisation without prior approval of the Commissioner;

(l)not issue any certificate in respect of any vehicle without testing the pollution level and ;

(m)subject the instruments for periodic inspection and calibration to ensure proper functioning of the exhaust gas analyser with the officers authorised by the Commissioner; and

(n)suspend the testing activities if on inspection the instruments found not to be in conformity with the standard calibrated valves, till the instrument is rectified and calibrated to the satisfaction of the authorised officer.

(o)the [Additional/] [Inserted vide Orissa Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) may by order in writing cancel an authorisation or suspend it for such period as he thinks fit, after giving the applicant concerned a reasonable opportunity of being heard and if he is satisfied that any of the provisions of this rule has been contravened by a pollution testing centre'

(10)The Commissioner may by order in writing authorise any officer subordinate to him not below the rank of [Additional/] [Inserted vide Orissa Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner, Transport (Technical) to perform any duty or exercise any power under this rule.

(11)

(a)Any person aggrieved by the order of the [Additional/] [Inserted vide Orissa Gazette Extraordinary No. 642 dated 13.4.2007.] Joint Commissioner Transport (Technical) may prefer an appeal before the Commissioner within thirty days from the date of order accompanied by a certified copy of the said order along with a fee of rupees two hundred paid in the manner specified by the Commissioner.

(b)The appellate authority, may after giving an opportunity of being heard to the appellant pass such orders as he considered appropriate.

(12)

(a)When the original authorisation has been lost or destroyed, the holder shall forthwith intimate the loss to the issuing authority which granted/renewed the authorisation for issue of a duplicate.

(b)On receipt of such application alongwith the fee of rupees one thousand the issuing authority shall issue a duplicate authorisation marked "DUPLICATE".

Special rules applicable to goods carriage

Legal Document View

Unlock Advanced Research with PRISMAI

State of Odisha - Section

Section 129A in The Orissa Motor Vehicles Rules, 1993

129A. [ Checking of pollution standard and authorisation of pollution Testing Centres. [Substituted vide Orissa Gazette Extraordinary No. 1080 dated 16.10.1996, Notification SRO No, 790/96 dated 15.10.1996.]