Section 169 in The Uttarakhand Motor Vehicles (Fourth Amendment) Rules, 2016
169.
(1)An application for authorising Pollution Checking Center for issuing of `pollution under control certificate' under sub-rule (7) of Rule 115 of Central Rules shall be made by authorised garages/workshop, petroleum company, petrol pump and voluntary organisation to work as such to the Additional Transport Commissioner on Form SR-48. The application shall contain the following -(i)Security of Rupees Twenty five thousand either cash or in any Government Securities recognised by the Transport Commissioner mortgaged in the name of Transport Commissioner.(ii)The prototype of the test instrument approved by an agency/institution mentioned in Rule 126 of the Central Rules, its invoice, installation from and the list of other tools.(iii)In case of application by voluntary organisation, registration certificate under Societies Registration Act, 1860, building map (blue print) of the proposed checking centre issued by an approved architect, evidence of address, proof of land ownership/rent agreement, electric connection.(iv)In case of partnership firm, copy of the partnership deed.(v)List of tools for checking repairing and improving the engine of the vehicle that emits the pollutant in excess of prescribed standard.(vi)Fee as prescribed under sub-rule (2) below;(2)Fee for issue and renewal of the authorisation certificate -(a)For motor vehicles driven by petrol: Rs 4000.00(b)For motor vehicles driven by diesel: Rs 4000.00(c)For both categories of motor vehicles: Rs 8000.00(3)On receipt of application the inspection of the proposed Pollution Checking Centre and the test instruments and tools installed therein shall be done by an officer of the Transport Department not below the rank of Senior Motor Vehicles Inspector Motor Vehicle Inspector. His inspection report shall be forwarded to the Additional Transport Commissioner along with the recommendations of the concerned Assistant Regional Transport Officer/Regional Transport Officer.(4)The authorisation certificate shall be issued in Form SR-49 by the Additional Transport Commissioner under the following terms and conditions -(i)The agency shall install the type of instrument approved under sub-rule (3) of Rule 116 of the Central Rules for test of emission standard prescribed under Rule 115 of the Central Rules. The instrument shall be upgraded/changed according to the amendment made in the Central Rules from time to time.(ii)The authorisation certificate shall be valid for five years from the date of issue and can be renewed for a period of five years subject to the condition that in case of voluntary organisation up to the period of registration of the society under the Societies Registration Act, 1860 or in case of approved garage/workshop, petroleum company, petrol pump till the validity of dealership, whichever is earlier. The authorisation certificate shall renewed by making endorsement on it.An application for renewal of authorisation certificate shall be made in plain paper accompanied with renewal fee, to the Additional Transport Commissioner not less than sixty days before the date of its expiry.(iii)The agency shall charge maximum fee of Rupees Seventy from the vehicle owner for issue of "pollution under control certificate".(iv)The form of the "pollution under control certificate" shall be made available to the agency by the Transport Commissioner Office or by concerned regional/sub-regional office on depositing Rupees Twenty per form. The agency shall compulsory issue "pollution under control certificate" on such form. None of entries on it shall be made manually except the signature of authorised operator. In case web based system comes into force for pollution checking and issue of pollution under control certificate the agency shall issue pollution under control certificate through such web software. The agency shall procure an internet connection for it either through a "broad band" or data card" having continuous connectivity with the Central Server of Transport Department and in such cases where pollution under control certificate is downloaded through web software, the agency shall deposit cash in advance in the Transport Commissioner Office at the rate of Rupees 20 per such certificate.(v)Agency shall deploy the operator trained by instrument manufacturer/supplier/dealer for pollution checking. He should be in regular employment of the concerned agency. Function of pollution checking level and issue of "pollution under control certificate" shall be done under his signature. Agency shall also submit the exact signature of such operator duly attested in Form 49-A to the Office of the Transport Commissioner, Uttarakhand, Dehradun. The agency shall also display the authorised certificate and the training certificate of such trained operator at a prominent place.(vi)The authorised agency shall furnish to the concerned Regional/Assistant Regional Transport Officer and Transport Commissioner the monthly information of the certificate issued at the centre through internet.(vii)The Pollution Checking Centre established by the authorised testing agency may be inspected from time to time by an officer of the Transport Department not below the rank of Motor Vehicles Inspector.(5)The authorised agency may establish such number of mobile checking centres at the specified area, place as empowered by the Additional Transport Commissioner for issue of 'pollution under control' certificate. All conditions which apply on authorised agency shall apply on such mobile checking centres. The authorised agency shall install separate instrument at such mobile checking centres and shall have to pay separate fee for it.(6)If the authorised agency closes business before the expiry of validity period the security shall be refunded to the owner/or representative on the written consent of all the partners.(7)No eligible applicant for authorisation certificate shall be refused unless he is given an opportunity of being heard and reasons for such refusal are given in writing.".
