Notwithstanding anything contained in Rule 193 and subject to the provisions of Section 127 and Section 201, any officer not below the rank of Sub-Inspector any Magistrate or any officer of the Motor Vehicles Department not below the rank of Executive Magistrate or Assistant Motor Vehicle Inspector/Enforcement Sub-Inspector may recover a penalty at the rate of fifty rupees per hour from a person who keeps a disabled vehicle on any public place in such a manner, so to cause impediment to the free flow of traffic.
Notification No. 1362, dated 9th May 2002, published in Jharkhand Gazette, Extra ordinarily No.161, dated May 10, 2002- In exercise of powers conferred by Section 111 of the Motor Vehicles Act, 1988 (Act 59 of 1988), the Government of Jharkhand is pleased to incorporate following amendments in the Jharkhand Motor Vehicles, Rules, 2001.
1. Short title, extent and commencement.-(a) These rules may be called the Jharkhand Motor Vehicles (Amendment) Rules, 2002.
(b) It shall extended to the whole of State of Jharkhand.
(c) It shall come in to force from the date of Jharkhand.
2. Amendment in Chapter I, Rule 2 of the Rule.- After Rule 2(k) of the Jharkhand Motor Vehicles Rules, 2001, the following shall be inserted:-
2. (L) “Pollution under control certificate” means a written document indicating that the level of pollution from the exhaust of a Motor Vehicle is within the prescribed limits prescribed under the Central Motor Vehicles Rules, 1989.
2. (M) “Authorisation authority” means the State Transport Commissioner or an officer not below the rank of joint Commissioner or Transport to whom power has been delegated to issue authorisation by the State Transport Commissioner.
3. After rule, 252 of the Jharkhand Motor Vehicles Rules, 2001 the following Chapter and Rules shall be inserted:-
CHAPTER-XI-A Necessity of a ‘Pollution Under Control’ Certificate :- 252-A (a) No vehicle shall be registered in the State of Jharkhand without “Pollution Under Control” certification by the Motor Vehicle Inspector or by any pollution testing centre, duly Authorised by the authorisation authority.
The Jharkhand Motor Vehicles Rules, 2001 120
(b) After the expiry of one year from the date of the first registration every vehicle shall have to carry a valid “Pollution Under Control Certificate” issued by the Motor Vehicle Inspector or by any pollution testing centre, a duly authorised by the Authorisation authority.
(c) Notwithstanding the provisions contained in Clause (b) above, any pollution level test Inspector authorised for the purpose by the State Transport Commissioner may check the pollution level of the exhaust of any vehicles. If the pollution level of the exhaust of the vehicle is found beyond the standard prescribed under rule 115(2) of the Central Motor Vehicles Rules, 1989, he may direct the owner driver of the vehicle to obtain a fresh “Pollution Under Control Certificate” and cancel the existing one.
252-B Validity.- The validity of “ Pollution Under Control Certificate” issued under clause (b) and obtained under clause (c) will remain in force for a period of six months from the date of issue.
252-C Authorisation of Pollution Testing Centre.- No agency shall act as pollution testing centre unless it holds a valid authorisation granted by the Authorisation authority.
252-D An application for grant of renewal of authorisation for pollution testing centre shall be made in form A.P.T.C. to the Authorisation authority and for such Authorisation a fee of rupees two thousand shall be charged.
No such application will be entertained unless the same is accompanied by receipts showing payment of fee of rupees two thousand and in case of application for grant of authorisation also a security deposit of rupees Ten thousand in the manner specified by the State Transport Commissioner.
252-E On receipt of such application the Authorisation authority will inspect of cause to be inspected the proposed centre premises to verify if the site is suitable and the information given in the application from are correct.
252-F The Authorisation authority on satisfaction may grant or renew Authorisation in Form A.C. in case of refusal there shall be a reasoned order the copy of which will be supplied to the applicant on demand. On refusal the security money and half of the fee money deposited along with the application will be refunded to the applicant under proper receipt.
252-G The Authorisation granted or renewed shall be valid for one year from the date of grant of renewal.
252-H The application for renewal of authorisation shall be made not less than thirty days before the date of its expiry. However for delayed submission of application the applicant shall have to give grounds for such delay with late fine of a sum of rupees 1000/- (One thousand).
252-I Appeal against the order of the Authorisation authority will lie before the Secretary of the Transport department of the Government.
The Jharkhand Motor Vehicles Rules, 2001 121 252-J Fees chargeable.- The authorised testing centre will charge fees for the testing done and certificate issued at the rates fixed for different categories of vehicles by the State Transport Commissioner from time to time. The same rates of fee will apply in case of testing got done and certificate obtained by the customer in the Government testing centers.
252-K The authorised pollution testing centre shall :-
(a) Maintain a register in the following format and record and complete particulars under different columns.
Registration No. of Vehicle Make/Model and date of first Registration of vehicle Name and omission level of the gas Date and time of test Details of certificate issued Signature of the authorised person who signed the certificate 1 2 3 4 5 6
(b) Issue “Pollution Under Control” certificate in form P.C. only under the signature of the person authorised by the Authorisation authority 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 off the Central Motor Vehicles Rules, 1989;
(c) Allow the authorisation authority, Motor Vehicle Inspector in charge of the area of the testing centre and any officer, authorised by the State Transport commissioner to inspect the pollution testing centre and produce all records maintained and supply information as demanded by the inspecting authority.
(d) prominently display a board with inscription “Pollution Testing Centre” and keep it open from 8 A.M. to 12 O, Clock noon and from 4 PM to 8 Pm on all the seven days a week expect on national holidays;
(e) Obey all direction/instruction issued by the State Transport Commissioner;
(f) Not alter its place of business specified in the authorisation without prior approval of the Authorisation authority.
252-L The authorisation authority may by the order in writing suspend or cancel an authorisation if he is satisfied that any of the provisions of J.M.V. Rules, 2001 and Central Motor Vehicles Rules, 1989 has been contravened and conditions of authorisation has been violated after giving reasonable opportunity of being heard.
In case the original authorisation is lost or destroyed a duplicate authorisation marked “DUPLICATE” shall be issued by the Authorisation Authority if the matter is intimated to him and application is filed for issue of the same along with the fee of rupees on thousand.
IN FIRST SCHEDULE:
After form R.F. of the Jharkhand Motor Vehicles, Rules 2001 the following forms shall be inserted:- The Jharkhand Motor Vehicles Rules, 2001 122 FORM A.P.T.C.
(See Rule 252-D of J.M.V. Rules, 2001) Application for grant/renewal of authorisation to conduct Emission Test of Motor Vehicles.
1. Full name (in capital letters) and address
2. Father’s Name in case of an individuals
3. Place of centre with full details
4. Whether sufficient facilities are available for parking (enclose sketch maped)
5. Whether trained mechanics are available, if so how many with names and addresses and certificates showing their experience in the field.
6. Full details of instruments and equipments maintained with certificates to the effect that the instruments and equipments are approved by one of the agencies specified in sub- Rule (3) of Rule 116 of Central Motor Vehicles Rules, 1989.
7. Name(s) of person(s) designated to sign the report along with the specimen signature.
I hereby declare that information above is true to the best of my knowledge, I unterstand that if any of the information given above is found to be incorrect, the license granted to me for the emmission test centre is liable to be cancelled Place :....................... Signature of the applicant Date :........................
Form A.C.
(See Rule 252-F of J.M.V. Rules, 2001) Authorisation to conduct Emission Test for Motor Vehicles :-
1. Name of the authorisation holder
2. Father’s name in case of an individual
3. Address
4. Period of authorisation
5. Description of instruments to be used :-
(a) Make of the instruments;
(b) No. of the instruments;
(c) Type of the instruments;
6. Name(s) of the person(s) authorised to sign report. This authorisation is issued subject to the conditions laid down under Rule, 252-K of J.M.V Rules, 2001.
Place :.....................
The Jharkhand Motor Vehicles Rules, 2001 123 Date :....................... Signature of Authorisation Authority Form P.C.
(See Rule 252 252-K) of J.M.V. Rules, 2001) Pollution Under Control Certificate Pollution Level Certificate Name of the testing station License No.
Serial No. Date of Issue:- Motor Vehicle No. ..................................... Type of Vehicle .................................
Make ........................................................ Model ...............................................
Cheked the Emission level and found the reading as under :- Petrol Vehicle Name of gas Standard fixed as per Rule 115(2) of ...... Actual reading of C.M.V. Rules 1989 Diesel Vehicle Standard fixed as per Rule 115 (2) ....................
Actual reading of C.M.V. Rules, 1989 Full load Free acceleration The vehicle meets/fails to meet, the Emission standards prescribed under Rule 115 (2) of Central Motor Vehicles Rules, 1989.
Seal of Testing Station Authorised signatory Chapter-XII Miscellaneous