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Union of India - Section

Section 38 in Motor Vehicles Act, 1939

38. Certificate of fitness of transport vehicles.

(1)Subject to the provisions of section 39, a transport vehicle shall not be deemed to be validly registered for the purposes of section 22, unless it carries a certificate of fitness in Form H as set forth in the First Schedule, issued by the prescribed authority, to the effect that the vehicle complies for the time being with all the requirements of Chapter V and the rules made thereunder. Where the prescribed authority refuses to issue such certificate, it shall supply 'the owner of the vehicle with its reasons in writing for such refusal.
(2)[ Subject to the provisions of sub-section (3), a certificate of fitness shall remain effective for such period, not being in any case more than two years or less than six months, as may be specified in the certificate by the prescribed authority under sub-section (1): ] [Substituted by Act 100 of 1956, section 33, for the former sub-section (w.e.f 16-2-1957).][Provided that this sub-section shall, in respect of a certificate of fitness relating to a new transport vehicle registered for the first time and not plying in. hilly areas, have effect as if for the words it "six months", the words "one year" were substituted.Explanation. - In this subsection, the "expression" hilly areas means such areas as the State Government may, having regard to the elevation and topography, by notification in the Official Gazette, declare to be hill areas.] [Inserted by Act 56 of 1969, section 15 (w.e.f. 2-3-1970).]
(3)The issuing authority or other 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 IV shall be deemed to be suspended until a new certificate of fitness has been obtained.
(4)[ A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India.] [Substituted by Act 25 of 1968, section 2 (2) and Schedule (w.e.f. 15-8-1968).]