Chhattisgarh Motoryan Karadhan (Sanshodhan) Act, 2001(PDF)

Chhattisgarh Motoryan Pradushan Jaanch Kendra Yojana, 2001 1. Short title. 2. Definitions. 3. Qualification for obtaining Authorisation Letter. 4. Procedure to issue Authorisation Letter etc. 5. Periodicity of the Authorisation Letter, renewal etc. 6. Suspension/Cancellation of Authorisation Letter. 7. Pollution Under Control Certificate. 8. Inspection of Pollution Testing Centres. 9. Maintenance of Register. 10. Pollution Under-Control Sticker. 11. Compliance of the Directions. 12. Repeal.

The Chhattisgarh Motoryan Pradushan Jaanch Kendra Yojana, 2001

Published vide Notification No. 526/Transport Department/2001 dated 10-9-2001, C.G. Rajpatra (Asadharan), dated 10-9-2001

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In pursuance of sub-rule (7) of Rule 115 of the Central Motor Vehicle Rules, 1989, the State Government, hereby, make the following scheme, namely :-

Short title.- This scheme may be called the "Chhattisgarh Motoryan Pradushan Jaanch Kendra Yojana, 2001".
Definitions.- In this scheme, unless the context otherwise requires :-

(a) "Act" means Motor Vehicles Act, 1988 (No. 59 of 1988);

(b) "Authorisation Letter" means the certificate issued to the pollution-testing centre to test the pollution of the Motor Vehicles;

(c) "Certificate" means 'Pollution Under-Control' certificate issued under sub-rule (7) of Rule 115 by the authorised testing centre to the owner of the motor vehicle;

(d) "Form" means form appended to this scheme;

(e) "Pollution Testing Centre" means authorised centre under sub-rule (7) of Rule 115 of the Central Motor Vehicle Rules, 1989;

(f) "Rule" means Central Motor Vehicle Rules, 1989;

(g) The words and expressions used but not defined in this Scheme shall have the meanings assigned to them in the Motor Vehicles Act, 1988 (No. 59 of 1988).

Qualification for obtaining Authorisation Letter.- For obtaining authorisation letter for pollution testing under this scheme the following qualifications shall be necessary :-

(a) Applicant must have passed High School or Higher Secondary Examination and should not be less than 18 years of age on the date of application.

(b) Applicant or his employee to operate pollution testing centre must have minimum ITI Mechanic (Diesel), Mechanical (Motor Vehicle) Certificate or equivalent qualification.

(c) Applicant shall have smoke-meter (with printer), gas-analyser (with printer) complying the requirements under Central Motor Vehicle Rules for testing the smoke and gas emission from the motor vehicles and other necessary equipments for tuning of vehicles.

(d) Applicant who operates motor workshop/motor service centre or have the motor vehicle equipped with pollution testing equipments, shall be given preference.

(e) If any of the employees of the applicant working in the Motor Workshop/Motor Service Centre or Motor Vehicle equipped with pollution testing equipments is having automobile/ mechanical engineering diploma/degree recognized by the State Government, he shall be given priority in obtaining the authorisation letter.

(f) Applicant belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes or Minority Communities and also applicants/units who have obtained loans for establishing Pollution 'testing Centre under the Government loan schemes shall be given proper representation.

Procedure to issue Authorisation Letter etc.- (1) A committee of Collector, Superintendent of Police and Transport Officer of the district concerned having regards to the number of registered motor-vehicles in the district and considering the requirements of the local area shall submit through the Collector the proposal of maximum number of pollution testing centres to be established in that district to the Minister-in-charge of the district. The number so approved shall be the maximum number of the pollution testing centres of that district.

(2) Subject to the maximum number so approved, the Collector shall determine the place where pollution testing centres shall be established in consultation with Superintendent of Police and Transport Officer of that district. Collector, while deciding the location of pollution testing centres should consider traffic density and other relevant facts.

(3) Applications for establishing pollution testing centres under this scheme shall be invited in Form-1 alongwith application fee prescribed under sub-rule (6) by the Transport Officer of the district concerned, by publishing general advertisement in the local or regional newspaper.

(4) Applications, so received, shall be examined by the committee mentioned under sub-rule (1). The Collector shall give an opportunity of hearing and select the applicants.

(5) The Transport Officer of the district concerned shall allot code number for the pollution testing-centre and issue the authorisation letter in Form-2 along with terms and conditions to be complied with and the form of registers to be maintained by the owner of the pollution testing-centre, to the selected applicants after payment of the prescribed fee under sub-rule (6).

(6) The following fee shall be charged for :-

(a) Application for pollution testing centre	Rs. 300.00
(b) Granting authorisation letter-
(i) For reserve categories	Rs. 3,000.00
(ii) For others	Rs. 5,000.00

Periodicity of the Authorisation Letter, renewal etc.- (1) The authorisation letter issued for pollution testing centre shall be valid for three years and the Collector may renew it from time to time for a period of one year.

(2) The renewal application accompanied with fee prescribed under sub-rule (6) shall be submitted before 30 days of the expiry of authorisation letter to the Transport Officer of the district concerned. On account of delay extra fee shall be charged as prescribed under sub-rule (6).

(3) Transport Officer shall submit the applications of renewal to the Collector. The Collector may, after giving opportunity of being heard to the owner of the testing centre and by recording the reasons in writing, renew the authorisation letter or refuse to renew it. The Transport Officer of the district concerned shall issue the renewal letter in Form 3.

(4) Against the order of refusal of issue/renewal of authorisation letter passed by the Collector, the applicant or the owner of pollution testing centre may Fie appeal, along with prescribed fee within 30 days of the order before the Transport Commissioner and the order so passed in appeal shall be final.

(5) The owner of the authorised pollution testing centre may surrender the authorisation letter at any time to the Collector and the authorisation letter shall be treated as cancelled from the date of such surrender.

(6) The following fee shall be charged for :-

(a)	Application for renewal of authorisation letter	Rs. 300.00
(b)	Application for renewal of authorisation letter with delay	Rs. 100.00 per month additional
(c)	Renewal of authorisation letter	Rs. 3,000.00
(d)	Application for appeal	Rs. 100.00

(7) The owner of the pollution testing centre shall display the Authorisation Letter and the Renewal Letter, if any, at the pollution testing centre.

Suspension/Cancellation of Authorisation Letter.- (1) The Collector, if satisfied that any pollution testing centre authorised under this scheme docs not comply with the provisions of Act or Rules made thereunder or the conditions of authorisation letter, then after making such enquiry as he deems fit, and after giving opportunity of hearing to the authorisation letter holder, may by order suspend/cancel the authorisation letter.

(2) The Transport Officer of the district concerned if satisfied, that the pollution testing centre authorised under this scheme does not comply the provisions of the Act or Rules made thereunder or conditions of the authorisation letter, then he may by order after making such enquiry as he deems fit and after giving opportunity of hearing to the holder of authorisation letter, suspend the authorisation letter.

(3) Against the suspension order passed by the concerned Transport Officer, the appeal shall be made to the Collector and against the order of suspension/cancellation passed by the Collector, the appeal shall be made to the Transport Commissioner and the order passed in appeal shall be final.

(4) The appeal under the rule shall be filed within 30 days of the order and the fee shall be Rs. 100.

Pollution Under Control Certificate.- (1) The owner of authorised pollution testing centre for the purpose of sub-rule (7) of Rule 115 shall issue certificate in Form 4 to the owner of the vehicle, which shall he valid for six months.

(2) The owner of authorised pollution testing centre shall charge fee from the owner of vehicle for issuing certificate on the following rates :-

Type of Motor Vehicle		Fee in Rs.
(a)	Two Wheeler	20.00
(b)	Three Wheeler	30.00
(c)	Four Wheeler LMV	40.00
(d)	Medium Motor-Vehicle	50.00
(e)	Heavy Motor Vehicle	100.00

(3) No fee shall be charged under sub-rule (2) from the vehicles belonging to the State Government.

Inspection of Pollution Testing Centres.- (1) Any Gazetted Officer of the Transport Department, Collector or any Gazetted Officer authorised by him, may inspect pollution testing centre within their respective jurisdiction and he shall send inspection report to the Collector and the Transport Commissioner.

(2) The Officer-authorised to inspect shall inspect whether the provisions of the Motor Vehicles Act, 1988 or Rules made thereunder and conditions of the authorisation letter are being complied by the pollution testing centre or not.

Maintenance of Register.- (1) Every Regional Transport Officer/ Additional Regional Transport Officer/District Transport Officer shall maintain the details of authorised pollution testing centres under their jurisdiction in the register in Form 5 and shall send return on this basis for every quarter to the Transport Commissioner.

(2) At the end of the financial year Transport Officers mentioned in sub-rule (1) shall send the report to the Transport Commissioner as per directions issued from time to time.

Pollution Under-Control Sticker.- (1) The Pollution testing-centres shall issue Pollution Under-Control Sticker in Form 6 to those owners to whom the certificate in Form 4 has been issued. The sticker shall be of 10 cm. Diameter size, of dark green colour on fluorescent background and shall be exhibited on the front of the vehicle. A counterfoil of the sticker shall be maintained for record. Every sticker shall be serially numbered.

(2) Authorised pollution testing centre shall punch the date and month on sticker issued in Form 6.

Compliance of the Directions.- The State Government and the Transport Commissioner in view of the smooth operation of this scheme may issue necessary' directions from time to time to the Collector, Transport Officers and the authorised pollution testing-centre. Such directions shall be complied with by the concerned authorities/persons.
Repeal.- The Motoryan Ke Pradushan Ki Janch Ke Liye Pradushan Janch Ko Adhikrit Karne Ki Yojana, 1993', which has been adapted in Chhattisgarh State by Laws Adaptation Order, 2000, is hereby repealed.

Form 1

[See Rule 4 (2)]

Form of Application for Pollution Testing-Centre

Name of applicant..................................Age............................................
Name of fat her/husband...........................................................................
Full postal address...............................................................................
Qualifications of applicant (enclose certificates)................................................
If the applicant is from reserve category then mention & enclose necessary certificate........................................
If the applicant has obtained loan under any Government loan scheme for establishing pollution testing-centre then mention and enclose necessary certificates...................................
Whether applicant or his employee is holding certificate of ITI in mechanic (diesel) or mechanical (motor-vehicle) or equivalent qualification? State qualification and enclose necessary certificates..........................,....................
Whether the applicant is having experience to conduct motor workshop/motor service centre? If yes, then enclose necessary certificates.........................................................
Vehicle for which application is made to obtain authorization letter in respect of pollution testing :-
Diesel driven vehicle
Petrol driven vehicle
Staff working under the applicant-(tick the appropriate)

(i) Manager

(ii) Foreman/Engineer

(iii) Mechanic

(iv) Helper

(v) Other administrative staff (along with their qualification)

Whether the operating staff of Gas-analyzer and/or Smoke-meter is trained? (Enclose necessary certificates).......................
Name of the person along with his specimen signature authorised to attest the Pollution Under-Control Certificate.....................................
The receipt of the prescribed fee of Rs ...... paid vide No. ...............dated ......... is enclosed along with the application.

I, hereby, declare that the above statements arc correct to the best of my knowledge.

Place .........	..............................................
Date .........	Signature and Name of Applicant

Form 2

[See Rule 4 (5)]

Authorisation Letter For Pollution Testing-Centre

Authorisation Letter No. .....

Date of Issue ......

Shri/M/s.......... is authorised to issue the 'Pollution Under-Control Certificate' as per Collector's order No dated within district................at the following place. Holder is authorised to test (a) diesel driven vehicles and (b) petrol driven vehicles. The authorisation letter shall be valid for a period of three years from the date of issue.

Place of Pollution Testing-Centre

...................

....... Transport Officer

District.........................

Form 3

[See Rule 5 (3)]

Renewal of Authorisation Letter for Pollution Testing-Centre

Date of Issue of renewal letter ........

The authorisation letter/renewal letter issued vide this office No......

is, hereby, renewed as per Collector's order for a period of one/another one year from the date of renewal.

....... Transport Officer

District...............

....... Transport Officer

District..............

Date of Issue of authorisation letter .........

Date of last renewal

Form 4

[See Rule 7 (1)]

Pollution Under-Control Certificate

(Authorised by Transport Department, Government of Chhattisgarh Valid throughout India)

Certificate No.......

Date of Issue........

Certified that the Vehicle's CO emission level/smoke density conforms to the standards prescribed under Rule 115 (2) of the Central Motor Vehicle Rules, 1989.

Class of Vehicle		Prescribed Idling CO Emission Limit	Measured Level	Name of the Pollution Testing-Centre..........Pollution Testing-Centre Code Number.......... District........... Testing Fee Rs......... Date of Testing.........
Petrol Driven Vehicles	2 and 3 Wheeled Vehicles 4 Wheeled Vehicles	4.5% by Volume 3% by Volume
Class of Vehicle		Prescribed Limit of Smoke Density	Measured Level
	(a) For Vehicles Vehicles other than agricultural tractors-			Name of the Pollution Testing-Centre Pollution Testing- Centre Code Number.......... District........... Testing Fee Rs......... Date of Testing......... Signature & Name of Authorised Signatory & Seal
Diesel Driven vehicles	(i) Full load at 60 to 70% of maximum engine rated rpm declared by the manufacturer or	75 Hartidge Number units
	(ii) Free & Seal acceleration only for naturally aspirated engine	65 Hartidge units
	(b) For agricultural tractors 80% load corresponding to maximum power developed in PTO Performance Tests	75 Hartidge units

(1) The emission report obtained from the printer shall be carried with the certificate.

(2) The certificate shall be valid for six months from the date of issue.

Note. - In case of any complaint, please inform Collector/Transport Officer of the district concerned.

Form 5

[See Rule 9 (1)]

Register Showing Details of Authorised Agencies in Respect of Pollution Testing-Centres

In the Office of Transport Officer District.........

Sr. No.	Name and Address of Authorised Agency	Name and Address of Owner of Authorised Agency	Authority letter issue No.	Date of issue of authority letter	Validity Period of Authority letter	Petrol/Diesel driven vehicles for which authorised	Details of suspension/cancellation renewal of authority letter
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Form 6

[See Rule 10]

Pollution Under-Control Sticker