CIRCULARS ON
REGISTRATION

Sl

Cir. No.

Issue Date

Subject

01

01

06.11.1978

Maintenance of History Sheets for all Transport Vehicles Passengers and Goods Vehicles.

The question of grant and renewal of permits to stage and contract carriages and private and public carriers by the Regional Transport Authorities as well as the State Transport Authority was under consideration of the State Transport Authority for some time. It has been noticed on several occasions that permits for stage and contract carriages and public and private carriers are being granted and renewed indiscriminately irrespective of the number and nature of offences under the Motor Vehicles Laws committed by these vehicles in the past either in the same region or in other regions. While granting or renewing permits, one region or the S.T.A itself is not necessarily aware of the offences committed by a vehicle.

1.      It has been considered expedient in the public interest that each R.T.A and the S.T.A should maintain a list of vehicles in respect of which permits are granted by them and subsequently renewed, each R.T.A as well as the S.T.A. should record in this list the registration number of the vehicles, whether stage carriage or contract carriages, public carrier or private carrier, the name and address of the owner of the vehicle and the different offences, any committed by the vehicle on different dates under the different provisions of the motor vehicle laws in separate columns in a tabular statement. Once such a tabular statement is prepared and maintained in the office of the S.T.As and the S.T.A they should be placed before the R.T.A of the S.T.A as the case may be while considering grant of renewal of permits for such vehicle at each of their meetings. 

2.      A copy of the list so maintained in the office of each R.T.A may be sent every month to the secretary S.T.A and Secretary of each R.T.A for information of S.T.A and the R.T.As.
These directions are being issued under section 44(4) of the Motor Vehicles Act 1939. 

3.      Receipt of this letter may please be acknowledged. 

02

01/1987

25.06.1987

Levy of fee for Inspection of Motor Vehicles other than transport vehicles for the purpose of Registration.

Some Registering Authorities have expressed their doubts over levy of the fee for inspection of the vehicles (other than transport vehicles) for the purpose of Registration. The issue has been examined in consultation with the standing counsel and the position is as follows:- 

(i)                  As per Section 26 of the M.V Act 1939 before Registration of a vehicle, its physical production before the Registering Authority or such authority as the State Government may be order appoint is compulsory. The registration is allowed only when the Registering Authority is satisfied on his own or through such officer appointed by the Government that the particulars contained in the application are true and that the vehicle complies with the requirements of chapter v and of the rules made there under. The vehicles owned  by or behalf of the Government  are however, exempted from the above requirements. In view of these mandatory  provisions, there should not be any doubt as to the examination of the vehicles (other than transport vehicles before registration except those owned by or on behalf of the Government. 

(ii)        As provided in clause (f) of sub section (2) of Sec. 41 of the M.V Act 1939 the State Government can prescribe   the fee among others for the examination / inspection of motor vehicles. In pursuance of the same it has been provided in clause (f) of Rs. 35 that  “ in addition a fee of Rupees twenty (Rs. 20/-) only shall be charged for every inspection of motor vehicles other than transport vehicles for the purpose of grant (or renewal) of certificate of registration.” 

(iii)     Realisation of the above fee each time the examination / inspection is conducted, is necessary in respect of each vehicle (other than transport vehicle). Further, this is not subject to refund in case of refusal of the registration if the examination / inspection of the vehicle has been carried out. 

2.      These provisions of the Act and the rules may be followed scrupulously. This disposes of the letter No. 1946 dt. 07.10.1986 of the R.T.O. Bhubaneswar. 

03

03

00.00.1970

Bringing the Registration Records upto Date & Maintenance of D.C.B. Register.

At the time of the conference of the Regional Transport Officers held at Bhubaneswar during June’1969, it was noticed that arrear tax amounting to more than Rs. 76 Lakhs was then out standing for collection in the State as reported by Regional Transport Officers. The Accountant General brought this matter to the special notice of the Government and during the public Accounts meeting held some time thereafter, the Committee viewed this position with great concern. Since then the Accountant General is repeatedly pressing the State Government for early finalisation of arrear list and proper maintenance of D.C.B. Register by all Regional Transport Officer. 

2.   Detailed instructions were issued to R.T.Os in this office letter No. 10814 dt. 24.07.1969 and also in this office D.O. No. 16030 dt. 19.12.1969 regarding the procedure to be adopted for preparation of the arrear list. 

3.   Besides in each region there are a large number of Motor Vehicles which and either become unfit for use permanently or have migrated to other States permanently but these vehicles continue to figure on the register of registration. Detailed instructions were issued in this office letter No. 10850 dt. 24.07.1969, for taking steps for cancellation of registrations of such vehicles. 

4.   Inspite of issue of the above instructions it is seen that there is very little progress of work in regard to compilation of arrear list and once again at length in the last conference of the R.T.Os held on 07.08.1970. and 08.08.1970 and they have been asked to finalise the D.C.B. Register by the end of December 1970. 

5.   In order to enable the R.T.Os to finalise the arrear list correctly the following instructions should be strictly followed. 

(a)  The General register of registration should be personally verified by the R.T.Os concerned from serial one up to the last registration figure and they should prepare a consolidated rough arrear list of all vehicles against which arrear taxes are supposed to be outstanding.

(b)   The rough arrear list should indicate the period from which or for which there is no nothing of tax payments in the General register of registration.

(c)    The rough arrear list should then be carefully compared with the off road register and challan register and particulars of tax paid of off road declared for any period be noted in the general register of registration and also in the rough arrear list. Thereafter the rough arrear list should be finalised for circulation to other regions.

(d)   Cyclostyled copies of the arrear list should be prepared keeping sufficient margin against each vehicle and sufficient space in between two serials. The Cyclostyled copies of the arrear list should be sent to each of the other R.T.Os and Addl. R.T.O Bhubaneswar in duplicate for verification and return of the duplicate copy nothing there in payments of M.V. Tax with treasury challan No. and date and particulars of off road declaration in respect of these vehicles to the original registering Authority by whom the list was circulated.

(e)    On receipt of the verified duplicate copy of the arrear list from all other R.T.Os and Addl. R.T.O Bhubaneswar the payments of tax and off road declaration in other regions should be noted by the original registering authority in the general register of registration and thereafter he will finalise the arrear outstanding for collection in respect of each vehicle.

(f)     As soon as the arrear list is finalised as above, demand notices are to be issued to the individual vehicle owners from whom arrears appear to be outstanding for collection.

(g)    Show cause notices may also be issued for cancellation of registration of old vehicles which are no longer fit for use or which have permanently migrated to other states under section 34 of the M.V. Act as per instructions contained in this office letter No. 10815 dt. 24.07.1969 and steps should be taken early for cancellation of registrations wherever necessary.

(h)    If the demand is actually outstanding against the owners concerned and demand notices do not produce any result, certificate cases are to be instituted promptly for recovery of the arrears outstanding.

(i)      For each individual vehicle a separate file may be opened for pursuing the above matters vigorously. 

6.      After the arrear list is finalised in the manner pointed out above, the arrears should be posted in the O.C.B. register in the appropriate column prescribed for the purpose and the year wise break up of arrears from the year 64-65 upto the and of 69-70 should be reported to this office. 

7.      The above matter should be finalised by the end of December, 1970 and compliance reported by each R.T.O. to this office. 

8.      In order to keep the records up-to-date the tax payment and off road particulars in respect of vehicles of other regions should be reported to the concerned regions by 5th of the following month positively. 

04

18

19.01.1989

Cancellation of   Registration of motor vehicles before disposing these Off-payment of Arrear Taxes due on vehicles condemned and disposed  Off  but registration number not cancelled.

1.                 According to the provisions of Section-3 of the Orissa Motor Vehicles Taxation Act, Motor Vehicles Tax / Addl. M.V. Tax are payable on every motor vehicle used or kept for use within the State. For temporary discontinuance of use of a vehicle prior intimation given under Section-10 of the act can enable the owner/possessor / controller of the vehicle to obtain a refund of tax under Section-11 of said act. Thus M.V. Tax / Addl. M.V. Tax is payable for a vehicle till the vehicle is destroyed /becomes permanently incapable of use and the registration mark is got cancelled under Section-34 of the Motor Vehicles Act1939 consequently it is the duty of the owner, possessor or controller of a vehicle to report to the Registering Authority / Taxing Authority about any temporary discontinuance in the use of the vehicle in time to get tax refund benefits and it is the duty of the owner of the vehicle to report to the Registering Authority about the permanent incapability of use of any vehicle for cancellation of Registration, so that after such cancellation no tax liability accrues.

2.                   It has come to our notice that sometimes when tax paying vehicles are disposed of f after condemnation of the vehicles the owner or persons having control or possession thereof do not report the matter as prescribed under Section-34 of the M.V.Act nor do they give any prior intimation of temporary discontinuance of the vehicles as prescribed under Section-10 of the O.M.V.T.Act. It also sometimes happens that vehicle-owners sell their vehicles as scrap but do not inform the Registering Authority / taxing Authority in time for cancellation of registration. In certain cases mostly in the cases of State Transport Undertaking the vehicles which are in an unfit condition for use are condemned and sold off but with the same registration number to another person(s) and these facts are not always intimated to the Registering Authorities. Even off-road declarations (declaration of temporary discontinuance of use of such vehicles) are not given for these vehicles and off-road concessions not obtained in time. This results in substantial accumulation of Motor Vehicles Tax liability on the State Transport Undertaking concerned and unless realized becomes the subject matter of Audit objection.

3.                    It also so happens that the subsequent owner after purchasing any vehicle from S.T.U. thoroughly repairs the vehicles makes it road-worthy and capable of plying and pays tax for the subsequent period to ply it. This becomes possible because registration numbers of such vehicles had not been got cancelled.

4.                   In view of the aforesaid difficulties, it is herby instructed in consonance  with the Motor Vehicles Act and Rules as follows:

(i)                  The owners of vehicles when they find these as uneconomic for repair and as such are to be sold off must report to be concerned R.T.O. in time for cancellation of the registration of the vehicles.

(ii)                If they want to continue the registration they must get the vehicles declared off-road from the concerned R.T.O. in time after depositing necessary document in the prescribed manner and renew the off-road concession from time to time as the limit of  off-road concession is one year.

(iii)               When a vehicle is transferred from one person/one institution to another the provisions of transfer of vehicles as per Section-31 of the M.V.Act 1939 should be followed.  The Registering Authority should also intimate both the transferor  and transferee about the provisions of Section-12 of the M.V. Taxation Act viz. liability of the sucessesor to pay the arrears if the transferor has not paid it fully.

(iv)              Any persons who purchases or gets transferred to himself in any capacity a vehicle in condemned condition without cancellation of registration marks or without continuous off-road declaration is to be held liable for the arrear M.V. dues as the transferee or successor-in-interest.

(v)                If any vehicles is purchased in a disposal sale with its registration number cancelled this can be repaired and again put into use but only after fresh registration. In such a case the procedure for registering a “ Rebuilt Vehicle” as prescribed in Rule-29(aa) of the O.M.V.Rules 1940 may be followed scrupulously.

5.                  All Regional Transport Officers, Inspectors of Motor Vehicles and other  authorized Orissa Motor Vehicles Department Officers should intimate the  vehicle owner accordingly.

05

21

05.04.1989

Fitment of Taxi meter and implementation thereof.

The State Government in the Commerce And Transport Department have made fitment of meter in motor cabs (Taxi and Auto rickshaw)plying in townships of Bhubaneswar, Cuttack and Rourkela compulsory from 01.12.87 in notification No-LC-II-Gen-4/87-17110/T, dt-09.11.87 (Annexure-I). The procedure for implementation of this had been earlier intimated to the Regional Transport Officers, Cuttack, Bhubaneswar and Rourkela in this office letter No-XLVIII-7/87-12947(3), dt-03.8.87. This has subsequently been made compulsory for all Taxis and Auto-rickshaw plying throughout the State from 1.12.88 in Commerce And Transport Department notification No-LC-II-Gen-2/88-17470-t, dt-17.11.88 (Annexure-II). Exemptions have however been granted to the motor cabs of the following categories in Commerce And Transport (Transport) Department notification No-LC-II-Gen-2/88-17465, dt-17.11.88 (Annexure-III).  

(i)                  Ambassador and Fiat cars up to three years from the date of Registration.

(ii)                Foreign cars, Contessa, Fiat (N.E.) and Standard-2000 cars. The exemptions are to take effect from  01.12.88. 

2.    The fates of fare for motor cabs have also been fixed simultaneously with effect from 1.12.88 with a view to help implementation of the Taxi meter system in Commerce And Transport (Transport) Department notification No-LC-II-Gen-2/88-17475/T dt-17.11.88 (annexure-IV) and No-LC-II-Gen-37/88-18069/T, dt-30.11.88 (Annexure-V). Copies of these notification are again being enclosed herewith for your information an guidance. 

3.  (i)  After introduction of the Taxi meter from 01.12.87 in the rout Permits being issued by the State Transport Authority to the All India Tourist Taxi Cabs and All Orissa Tourist Taxi Cabs in item No-9 of the form “P.Co.P” an endorsement was being made “Subject to fitment of taxi meter ”. On the basis of the recent decision and exemption granted, endorsement should now be made both by State Transport Authority and Regional Transport Authorities to all motor cabs (Taxis and Auto-rickshaws) which are not eligible to get the exemption as “ Subject to fitment of taxi meter ”. 

(ii)                In the second category will be the Ambassador and Fiat cars, where exemption has been granted for the initial three years from the date of registration.For these vehicles while granting route permit sheet following endorsement shall be made :

“Taxi meter has to be fitted to this ……………………………(mentation the make  of the car viz, Ambassador / Fiat car) within three years from the date of registration viz.,…………………………………….(Put the date of registration)” 

(iii)               In the third category ill be those vehicles for which full exemption has been granted. In such cases the endorsement in the route permit should be as follows

“Fitment of taxi meter has been exempted in Commerce And Transport Department notification No-LC-II-Gen-2/88-17465 date-17.11.88. ” 

(iv)              If such meters are not fitted this will therefore be a violation of the permit condition and he has to be enforced accordingly under the provision of Motor Vehicles Act And Rules. 

4.  Moreover “ Fitment of Taxi meter ” has been provided under Rule-151-B of the Orissa Motor Vehicles Rules1940. The approval of fitment of Taxi meters under rules 151-C has already been given for the taxi meter of “Diamond ” make in this office letter No-XLVII-7/87-6284, dt-08.3.88, a copy of which in enclosed at Annexure-VI Non-fitment of taxi meters will therefore make a vehicles ineligible for given fitness certificate under Chapter-V and Section-88 of the Motor Vehicles Act,1939. 

5.   All concerned including the Enforcement staff with the State Transport Authority / Regional Transport Authorities as also Jr. M.V.Is the Unified Checkgates should be alerted so that they can affectively implement the scheme and take appropriate legal action in cases of violations.            

6.   A proforma is also enclosed at Annexure-VII in which the progress of the implementation of the scheme is required to be intimated to the Commerce And Transport Department.               

7.      Please therefore immediately send the particulars in the attached proforma as on 31.3.1989 and thereafter once every three months to reach us by 5th of July, October, January and April each year. 

                                                                                                                                    ANNEXURE-I

Government of  Orissa
Commerce and Transport (Transport) Department

                                                            NOTIFICATION                                                                       

                        Dated-9th Nov 1987                                                                       Bhubaneswar


No-LC-II-Gen-4/87-17110/T,  In pursuance of rule 151-A of the Orissa Motor Vehicles Rules 1940 the State Government do hereby direct the special rules applicable to motor cabs shall come into force in the townships of Cuttack, Rourkela and Bhubaneswar in the State of Orissa with effect from the 1st Dec 1987.

                                                                                              By order of the Governor

                                                                                                  S. Bandopadgay

                                                                                              Secretary to Government

 

                                                                                                                               ANNEXURE-II 

Government of Orissa
Commerce And Transport (Transport) Department
Bhubaneswar

                                                                 NOTIFICATION

                                                                                                              Dated 17th Nov 1988 

No-LC-II-Gen-2/88-17470/T, In exercise of the power conferred by rule 151-A of the Orissa Motor Vehicles Rules 1940 the State Govt. do hereby direct that the special rules applicables to motor cabs shall come into force in all other areas of the State of Orissa except the townships of Cuttack, Rourkela and Bhubaneswar in which such rules have already been enforced by notification of the Government of Orissa  in the Commerce And Transport (Transport) Department No-17110-T, Dated the 9th Nov 1987 with effect from the 1st Dec 1988. 

                                                                  By order of the Governor                                                                            P.K.Pattnaik

                                                                          Deputy Secretary to Government

 ANNEXURE-III

 

Government of Orissa
Commerce And Transport (Transport) Department
Bhubaneswar
 

ORDER

                                                                                                    Date-17th Nov 1988

 No-LC-II-Gen-2/88-17465/T. In exercise of the powers conferred by the provision to Sub-Rule(a) of rule 151-B of the Motor Vehicles Rule 1940 the State Government do hereby exempt the motor cabs of the following categories from the operation of the said Sub-Rule namely :- 

(a)                Ambassador and Fiat cars upto three years from the date of   registration.

(b)               Foregin cars, Contesa, Fiat (N.E) AND standard-2000 cars. 

This will take effect from the 1st Dec 1988

 

                                                                        By order of the Governor
 
                                                                                P.K. Pattnaik
                                                                
Deputy Secretary to Government

                                                                                       

                                                                                                                                 ANNEXURE-IV

Government of Orissa
Commerce And Transport (Transport) Department
Bhubaneswar

   NOTIFICATION

                                                                                                   Date-17th Nov 1988

         No-LC-II-Gen-2/88-17475/T.Whereas the draft of certain direction to the State Transport Authority of Orissa was published as required by the proviso to Sub-Section(1) of Section-43 of the Motor Vehicles Act 1939 Commerce And Transport (Transport) Department No-15046, dated the 27th Sept 1988 in the extraordinary issue No-1429 of the Orissa Gazette, dated the 1st Oct 1988 as S.R.O.No 690/88 inviting objections and suggestions from all persons likely to be effected thereby till the expiry of  period of thirty days from the date of publication of the said notification in the official Gazette.

       And whereas no objection or suggestion has been received from any person in respect of the said draft before the expiry of the period so specified,    

      Now therefore in exercise of the powers conferred by Sub-section(1) of Section-43 of the said act and in supersession of the notification the Government of Orissa in the erstwhile Works And Transport Department No-2710-T.dated the 25th Feb 1974 and the notification of the Govt. of Orissa or Commerce And Transport (Transport) Department No-164081-T dated the 12th / 13th Nov 1986 the State Govt having regard  to the provisions of clauses (a) to (d) of the said Sub-Section do hereby issue the following directions to the State Transport Authority, Orissa namely :-

 DIRECTIONS

                The fares for Taxis plying in the State of Orissa shall be fixed as specified in the schedule below with effect from the 1st Dec 1988.

 SCHEDULE      

Categories of Motor Cabs

For first Kilometer

Rates of fare for subsequent

Kilometer.

1

2

3

All cars except Auto-rickshaw, Ambassador and Fiat cars upto three years

 

 

                                                                                                                                             ANNEXURE-VI

                    From
                      
Shri G.H.Nayak
                      
Deputy Commissioner Transport (Technical)
                      
Orissa, Cuttack.

                     To
                        
M/s Fame Marketing Associates
                         
96, Bapujinagar, Bhubaneswar.

                      SUB :- Approval of Diamond brand Taxi Fare Meters.

                 Dear Sir,

                              With reference to your letter No-DT-TM/13,date 5th March 1988, I am directed to say that on the basis of the report from the Join Controller Weights And Measures Department of Food And Civil Supplies vide his letter to the Deputy Commissioner Transport (Technical) No-367, Date 02.03.88 the Transport Commissioner And Chairman, S.T.A., Orissa, Cuttack has been pleased to approve the taxi meter of  “Diamond” make for use in the State of Orissa under Rule-151-C(5) of the Motor Vehicles Rules 1940.

                                                                                                                  Yours Faithfully 

                                                                                                                       Sd/- 

                                                                                       Deputy Commissioner Transport(Technical)             

                                                                                                          Orissa,Cuttack.

                                                                                                                           ANNEXURE-VII

 

PROFORMA  

Sl No.

No of Motor Cabs plying in the State for vehicle meter system has been made compulsory.

(Region wise)

No of Motor Cabs in which meters have already been fitted.

No of Luxury Motor Cabs plying in the state which have been exempted from fixation of meters

Remarks

1

2

3

4

5

 

Taxi / Auto-rickshaw / Total

Taxi / Auto-rickshaw / Total

Ambassador car upto 3    years from date of registration.

Fiat cars upto 3yrs from the date of registration.
Foreign Cars
Contessa Cars
Fiat (N.E) Cars
Standard 2000 Cars
Total

 

06

25

30.05.1989

Reservation of registration number with registration mark Under Rule-29-A of the Motor Vehicle Rules 1940.

Rule-29-A(c) (i) of the Motor Vehicles Rules 1940 provides for reservation of registration number with registration marks for assignment to motor vehicles. As per the said rule the Registering Authority may on application in writing made to it by any person in possession of a motor vehicle reserve a number with mark within one thousand from the last number assigned in serial order, on the date of application, on payment of certain extra fees mentioned therein.

2.  2. In this office letter No-XIX-11/85 (P.F-I)-148885(16), Dated-11.09.1985 the R.T.Os were instructed not to entertain such request or accept payment for such reservation numbers with registration mark on same administrative difficulties. The matter has since been reconsidered and it has been decided that the provisions of the said rules should be implemented.

  3.  3. For smooth administration of the implementation of the rules it has also been decided that the following procedures shall be followed   :- ]

(i)      A separate General Register of Registration shall be maintained by the Registering Authority for the numbers reserved Under Section-29-A which may be named as “ Special G.R. Register”.

(ii)    Under Sub-rule-(c) (i) of rule 29-A, a person in possession of a motor vehicles can only apply to reserve a registration number with mark. Hence while applying for such reservation of number with mark, the person should also be asked to apply for registration simultaneously with required fees and to produce the vehicle for inspection / examination Under section-26 of the M.V.Act-1939 on those being complied with by the person, if it appears to the Registration Authority that the vehicle complies with all the requirements of the M.V.Act and the rules made thereunder for registration, he may allow its registration  and assign the vehicle the registration mark applied for, subject to other provisions of the rule-29-A,entering the particulars in that “ Special General Register of Registration ” on the date of the registration itself without waiting for the said number to come in serial order.

(iii)               When the turn of the preferred number which has already been assigned and entered in the “ Special General Register of Registration” comes in due course, after all previous registration numbers have been exhausted, it will be incorporated in the Usual G.R. Registers serially maintained and the continuity of the registration number of vehicles will be ensured. While preparing the Index in the serially maintained G.R.Register, the number taken to the special G.R. Register should be indicated that there is no duplication.

4.      There appears to be no difficulty in following the procedures prescribed in Sub-rule (c) (ii) and (d) to (h) of rule 29-A as provides under O.G.E.No-19854,date-22.11.84.

In view of above, it is hereby instructed that the operation of the rule 29-A of the Orissa Motor Vehicles Rules 1940 may be resumed forthwith and reservation of registration number with mark under the provision of the said rule be started immediately on receipt of this letter. For the information of public notice to the effect that such facility is available may be given by the R.T.Os and displayed through the Notice Board in their respective offices. Receipt of this letter may please be acknowledged.  

07

41

17.08.1991

Cancellation of Certificate of Fitness.

Complaints from the public are being received and also it is observed that pretty good number of Vehicles, especially the passenger transport Vehicles, are found moving on the road which, by their appearance witness to be not roadworthy. Sometimes, the glasses (both wind shield glass & window glass) of the Vehicles are found broken and in some other, the seat cushions and covers are torn or the self started is out of order for which the passengers are required to push it for starting and there are number of other defects including the worst condition of body which catches the eye of any ordinary commuter who has no slightest technical education or knowledge. But these Vehicles continue to have their valid certificate of fitness granted sometimes earlier. 

A motor Vehicle in order to be used in a public place has to comply with all the provisions of the Motor Vehicles Act, 1988 and the rules made there under (hereinafter called the Act and the Rules respectively). A transport Vehicle has to obtain a certificate of fitness U/s.56 of the Act to the effect that the Vehicle complies for the time being with all the requirements of the Act and the Rules, failing which the Vehicle shall not be deemed to be validly registered for the purposes of Section-39. As provided under Sub-section (4) of Section-56. certificate of fitness may be cancelled at any time for the reasons too be recorded in writing if it satisfies that the Vehicle to which it relates no longer complies with all the requirements of the Act and the Rules and on such cancellation the certificate of registration of the Vehicle and any permit granted in respect of the vehicle shall be deemed to be suspended until a new certificate of fitness is obtained. The motor Vehicle described in para-1 no doubt warrant such cancellation of certificate of fitness.

The Inspector of Motor Vehicles are empowered to exercise these powers Under Rule-32 (i) of the Orissa Motor Vehicles Rules, 1940. But surprisingly it is noticed that these powers are never invoked by any Inspector of Motor Vehicles except in case of Vehicles badly damaged in accidents.

            In the circumstances, it is instructed as follows.

(i)                  Each Inspector of Motor Vehicles shall check and inspect at least fifty number of transport Vehicles in a month to see whether they comply with all the requirement of the Act and the Rules.

(ii)                Such checking and inspection shall not be concentrated at the headquarters of the region or its nearby areas but shall spread over the engine region. The checking should also be so conducted that it shall cover transport Vehicles of different ages.

(iii)               While checking a passenger carriage transport Vehicle enroute, if the M.V.I. cancels the fitness certificate there, he shall look to the convenience of the passengers and will issue temporary authority to the Vehicle to reach the destination/repairing garage as may be required. The period of such authority should be specifically mentioned and should not be more than the minimum time required to reach the next repairing garage/ destination.

(iv)              The inspector of Motor Vehicles shall mention the number of vehicles he checked during the month and the number of certificates of fitness of such vehicles cancelled (with registration mark of the vehicles certificate of fitness of which cancelled) in his monthly return in form ‘J’ by attaching a separate annexure to (vide Format attached).

(v)                The Inspector of Motor Vehicles shall ensure that all statutory formalities for cancellation of Certificate of fitness are observed in each case.

(vi)              After cancellation of Certificate of fitness the list of vehicles, certificate of fitness of which are cancelled, shall be promptly circulated among the checking officers of the region as also to other regions and checkgates so that they may to verify if the vehicle continues to ply even after cancellation of certificate of fitness.

These instructions shall be carried out strictly with immediate effect.

 

08

44

20.02.1992

Gross Vehicle Weight of transport Vehicles of all Makes and Models Except Motor cab.

The Government of India, In Ministry of surface Transport Notification no.S.O.416 (E)/ dated 8.6.1989, have clearly specified the maximum safe laden weight of transport vehicles of all makes and models except motor cabs and their maximum safe axle weights (copy enclosed).

Accordingly to the said Notification, the maximum safe laden weight and the maximum safe axle weight of each axle in relation to each make and model of such transport vehicle shall be as per the rating of the maximum safe laden weight and the maximum safe axle weight of each axle fixed by the manufactures. Further, the maximum safe weight determined as such shall be subject to the maximum safe axle weight given in the schedule to the said Notification and also the maximum safe laden weight shall not be more then the sum total of all the maximum safe laden weight of a transport Vehicle as given by the manufacture has to be accepted as the gross Vehicle weight of the said Vehicle subject to condition that it does not…………………………. Of the maximum safe axle weight of all the axles of the said vehicle given by manufacture and further the maximum safe axle weights given by the manufacture does not exceed the maximum given in the schedule.

It has come to the notice of this authority that some of the registering authorities have enhanced the gross vehicle weight of some goods carriages on the plea of change in size of tyres with utter disregard to the restriction laid down in this respect. Hence it is directed that in no case there shall be any enhancement in the gross vehicle weight of transport Vehicles or in respect of the axle weight fixed by the manufactures which is given in the sale certificate, issued at the time of sale of the vehicle.

The above instruction should be followed meticulously without exercising any discretion in effecting enhancement in the gross Vehicle weight of any transport Vehicle. In case, any request or recommendation is received from the dealer or manufacture for such enhancement, the Registering Authority shall promptly refer this matter to the Transport Commissioner for necessary instruction and shall ct as per the instruction.

                                                                *   *   *

3.5.0.416 (E) dated  June 8, 1989-In exercise of the owner conferred by Sub-section (1) of Section 58 of the Motor Vehicles Act.1988 (59 of 1988) and in super session of the of the notification of the Government of India in the ministry of Surface Transport No.5.0.690 (E) dated the 25th Sect.1982 the Central Government hereby specified that in relation to the transport Vehicle of all makes and models except motor cab, the maximum safe laden weight of motor Vehicles and maximum safe axle weight of each axle of such vehicles shall be as follows namely:-

1)                  The maximum safe laden weight and the maximum safe axle weight of each axle in relation to each make and model of such transport Vehicle shall be as per the rating of the maximum safe weight and maximum axle weight of each axle fixed by the manufacture.

2)                  The maximum safe axle weight determined in para (1) shall be further restricted to the maximum safe axle weight given in the Schedules.

3)                  The maximum safe laden weight in respect of all such transport vehicles shall not be more than the sum total of all the maximum safe axle weight out together.

SCHEDULE

                        The maximum safe axle weight shall be as follows:-                                                                                                                        Tonnes

            Single axle (Single wheel) fitted with 1 tyred                                             3.0
           
Single axle fitted with 2 tyres                      -                                            6.00
           
Single axle fitted with 4 tyres                      -                                            10.2
           
Tandem axle fitted with 8 tyres.      -                                                        10.8 

2.                  This notification shall come into force on the first day of July,1989. 

09

47

 

Recording assignment of other State vehicle

It has been observed that in most of the Regional Transport Officers, many irregular procedure are being followed in the matter of assignment of Orissa registration marks to the vehicle brought from other States. In order to streamline, the procedure and to ensure uniformity in the said matter it hereby instructed as follow:-                           

1.      The application for assignment of new registration mark in respect of a Vehicle brought from other State must be in Form-27 appended to the Central Motor Vehicles Rules, 1989 (in short C.M.V. Rules) correctly and completely filed in and signed by the owner with date. Forms not filled up properly and completely or unsigned or undated applications shall not be entertained and shall be returned pointing out the defects therein. Similarly, application not accompanying the prescribed fees and all required document including the certificate of registration shall not be entertained.

2.      As given against the serial No.4 of the table under Rule-81 of C.M.V. Rules fee for assignment is same as for new registration of a vehicle.

3.      This is most important documents for the assignment of registration mark to a vehicle brought from the other State. As provided under Section 48 of the M.V.Act,1988 such “No objection Certificate” has to be obtained from the registering authority by which the vehicle was registered. But it… seen that in almost every Regional Transport Office, no objection certificates issued by other Registering Authorities have been entertained. I invited personal attention of all the Regional Transport Officers, Addl Regional Transport Officers and the Asst. Regional Transport Officers to this aspect to ensure that the no-objection certificate produced is only from the registering authority by which the vehicle was registered, in short the original registering authority. Since the certificate of registration of the vehicle has to be submitted alongwith every application for assignment. It can be easily verified there from who is the Original Registering Authority easily and tallied with the no-objection certificate to see if it has been issued by the correct registering authority.

It is further seen that in many cases although the part-11 of the form-28 (N.O.C)  has not been properly discharged by the issuing authority those have been accepted as no-objection certificates. Unless either of the columns in the said Part-II is deleted, how can one know whether the no-objection certificate has been granted or rejected ? This aspect may also, therefore, be verified from the no-objection certificates and those not properly discharged should not be entertained.

Where instead of non-objection certificate as owner is producing an acknowledgement or postal A.D. in support of his making application for grant of the non-objection certificate U/S.48 of the M.V. Act, together with declaration that he has not received any communication from the original registering authority either refusing one requiring him to comply with any direction, it may also be verified if the person issuing such acknowledgement or postal A.D. is the original registering authority. Besides the owner may be insisted upon to give these facts in an affidavit.

4.      In no case, an application not accompanied by the no objection certificate issued U/s.48 by the original registering authority or an acknowledgement/postal A. in support of making application to the original registering authority for issue of no objection certificate together with the required declaration shall be entertained. The practice, if any, of entertaining such application and enquiring-no-objection from the original registering authority shall be stopped forth with.

5.       As provided U/s.47 of the M.V, Act, 1988 read with rule 54  of C.M.V. Rules, a vehicle registered in State can be assigned registered is a state can be assigned registration mark in an other State when it has been kept in that other State for a period exceeding 12 months or if the owner gives a declaration that the vehicle is intended to be kept as such for a period exceeding  12 months. These provisions may be followed sincerely.

6.      Section 47 read with section 48 of M.V.Act, 1988 makes it clear that assignment of a vehicle has to be made with the registering authority in whose jurisdiction the owner has the residence of place of business where the vehicle is normally kept. In support of this the owner has to furnish any one of the documents referred to in Rule-4 or C.M.V. Rules. Before assigning registration make to a vehicle brought from other State the registering make to a vehicle brought from other State the registration authority shall insist upon such a document, if not previously received, to satisfy itself that the owner has the residence or place of business under his jurisdiction and retain such document in the case record. In this connection, it may be mentioned that while a document in support of a address of the owner within the jurisdiction of a registering authority is produced, the said registering authority may allow the assignment not with standing that the no-objection certificate is marked to an other registering authority in the State.

7.      Where the Vehicle to be assigned new registration mark is held under H.P.A. lease or hypothecation a no-objection certificate obtained from the financer shall be enclosed to the application and after the assignment intimation about the same shall be sent to the said financier.                                       

8.      Before the assignment………… vehicle shall be inspected not merely to verity the engine number and the chessis number but also to see that it complies with all the requirements of the M.V Act and Rules made thereunder and also to see that the application are collect. While referring a vehicle to the Inspector of Motor Vehicles for inspection for this purpose, the certificate of registration of the vehicle will be sent to him.

9.      The registering authority shall insist upon an affidavit from the owner at the time of receiving application for assignment mainly stating therein that the no-objection certificate has been obtained from the registering authority by which the Vehicle was registered or, as the case may be he has applied for issue of the no-objection certificate to the said authority (mentioning date of application and has not received any communication from him, the date from which the vehicle has been brought to Orissa, the vehicle is not a stolen one, all the documents produced are genuine and the particulars given in the application are all true.

10.  After the assignment is allowed the registering authority while sending the intimation to the original registering authority shall communicate complete particulars of the vehicle mentioned in the certificate of registration so as to enable that authority to verify if any of such particulars has been forged or manipulated. Moreover such intimation shall be sent to the correct and complete address of the original registering authority by his definite designation such as Regional Transport Officer, District Transport Officer etc. and not simply writing as Registering Authority.

11.  In case of any doubt particularly when any discrepancy is noticed in the actual model of the vehicle or a digital registration number appears to have been given prior to 1.7.89 or any other complicacy arise, pending the assignment the matter may be referred to this authority for clarification/taking necessary further action.

10

S-03

03.12.1991

Issue of Fitness Certificates to Transport vehicles on Expiry of fitness enroute.

It has come to the notice of this authority that fitness certificates issued to some of the transport vehicles expires enroutes when they reach the check gates for passing through. As it is not lawful for permitting plying these vehicles without fitness certificates, it is necessary that fitness certificates are to be given to them while allowing them to pass through the check gates. Unless the office of the Regional Transport Officer where the Inspector of Motor Vehicles is available to certify in this regard is very close the vehicles owner feel harassed, if they are directed to proceed to office of the any R.T.O for this purpose. Even then plying of the vehicle through that distance is also very risky so far the liability on account of unfortunate accident are concerned.

2.  In view of this difficulties, it is decided to invoke the provision of Rule-32(f) of O.M.V.Rules 1940 which provides that the or M.V.I of motor vehicles may endorse in Form-C F-such ( copy enclosed), authorization to any transport vehicles to continue its plying for such periods as may be reasonably necessary to return to the area of the Inspector of Motor Vehicle by whom the certificates of fitness of the vehicles should ordinarily be so renewed irrespective of the fact whether the vehicles is register in Orissa or is an other state vehicles. The Jr.M.V.I. will make this endorsement only when he finds the vehicles in fit condition for use. A condition shall be made in the authorization that the vehicles shall not be used after return to that area unless the certificates has been renewed by the competent authority of the area.

3.  The fee for issue of the above certificate of fitness shall be the same amount payable for issue of usual certificate of fitness as prescribed in the relevant rule

4.  If the vehicle in question is found to have plied in Orissa till the check gates without having valid fitness certificates, the prescribed compounding fee will be collected from it, while issuing certificate of fitness, showing that the owner / person in charge of the vehicle compounded the offence.

11

S-08

07.03.1992

Non-requirement of mention of Registration mark / Identification mark on containers carried in motor vehicle

The Government of India, Ministry of Surface Transport (Transport Bhavan), New Delhi have held in their letter No-RT-11044/2/92-MVL,Dt-13.2.92 that since some of the Transport Authorities are insisting upon painting of registration marks and other identification marks on the containers of goods carried on motor vehicles, it is causing hardship to the companies / other owners who lease out the containers to the transporters and other users.

2.  The Government of India in their above letter clarified that the containers are detachable and can be leased out to different hirers according to their needs. Therefore no registration number / identification mark or any name of the container owned by such companies or other owners need to painted on such containers. As per provisions of the Motor Vehicles Act the identification marks are required to be painted or displayed only on the body of the vehicle but not or any goods being carried. Such containers are only packages and special identification marks are to be painted only in cases where the goods transported are of dangerous or hazardous in nature.

 

3.  It is, therefore instructed that such special paintings or writing of special identification marks on containers carried in goods carriages should not be insisted upon except in cases of hazardous or dangerous goods.

12

S-09

07.03.1992

Bi-colour exemption to motor cabs-Registration of motor cabs with Single body colour-permissible if it carries tourists

A number of references have been received from different quarters for clarification on the point whether a motor cab can be given fitness and be registered as such even if it does not have bi-colour body. This point was examined with reference to relevant provisions of M.V. Law.

2.  Previously single colour motor cabs were being registered with a certificate of recommendation from the concerned Tourist Officer. Gradually an impression has been created that recommendation of t6he Tourist Officer is a must and is a statutory requirement. It is really not so, but was previously accepted as a type of information from the Tourism Department. It is only the Registration Authority who is competent under the Motor Vehicles Act / Rules to accord registration on fitness certified by the M.V.I. No recommendation of any Tourist Officer is mandatory and hence should not be insisted upon.

 

3.  A motor can be registered with single body colour (without insisting on bi-colour) if it is to be solely used for transport of tourists as provided in Rule-148(d) of O.M.V. Rules 1940. The following conditions shall have to be complied with:

(i)      If the motor cab is operated with a tourist permit U/S-88(9) M.V.Act 1988.

(a)   The words “Tourist Vehicle” shall be painted on both the sides of the motor cab within a circle of twenty five centimeters diameter and

(b)   A board with inscription “Tourist permit valid in the State of……………..” in black letters on yellow background shall be displayed in the front of the vehicle above the registration number plate.

(ii)    If the motor is operated with a permit authorizing to ply inside the State of Orissa  or in a particular district / districts of Orissa, or in any other State as per reciprocal agreement if any, it shall prominently display on in a letter “T” and the serial number allotted to it by the Registering Authority concerned, painted on the front fender of the motor cab. The letter and numerals shall be painted on a white surface enclosed by a circle drawn in green and shall not be less than 5 centimeter in height and 4 centimeter in breadth.

 4. So, while issuing fitness or registering a new motor cab with single body colour, the requirement as in Para – 3(i) or Para- 3(ii) above, as the case may should be insisted upon.
     

 A note in the R. C. Book “The Vehicle Shall Solely Carry Tourists” should be endorsed.

The requirement as in Para-3(i)(b) above shall however have to be complied with as soon as a tourist permit U/S-88(9) M.V.Act 1988 is issued to the motor cab.   

 

13

S-11

19.08.1992

1.  Mentioning the unladen weight of motor vehicles in the Registration  Certificates.

2.      Asking the vehicle-owners to furnish authenticate unladen Weight   certificates from registered weigh bridges in respect

of vehicles having body built on chassis after purchase.

3.       Mentioning in R.C. Books/ G.R. Volumes unladen weight where not done earlier.  

There is a particular column in the prescribed from of the Registration Certificate for mentioning the unladen weight of the motor vehicle. It is very much necessary for Class-1,2 and 6 motor vehicle (vide schedule of O.M.V.T.Act 1975) for working out the tax to be paid in respect of such vehicles. It is also necessary for passenger vehicles for other purposes and for Class-3 and Class-5 vehicles for finding out the Net Weight carried in such vehicles and to see if such vehicles ply with over load which can be calculated by adding the weight of load carried to the unladen weight recorded in R. C. Book, where actual weighing is not possible

2.  It is therefore directed that Unladen Weight must be mentioned in the Registration certificate of each motor vehicle. Where body is built on a chassis, the owner van be asked to get the vehicle with the body weighed in a registered weigh bridge and produce the certificate of unladen weight before the registration Authority.

3.   It has been noticed that many of the Registration Authorities have not mentioned unladen weight of vehicle in Registration Certificate Volumes. This is a gross violation of the provisions of M.V.Act / Rules calling for disciplinary action. It is also directed that Registration Authorities shall also ask owners of such vehicles to furnish unladen weight thereof and mention the same at the relevant column in the G.R. Volume as well as in the R.C. Book issued to the owner.

4.   Deviation from the above prescription will be treated as dereliction of duty and in obedience to the orders of the superior authority.

 

14

S-11(2)

22.09.1992

Mentioning U.L.W. in G.R. Volume & R. C. Book of the vehicle-duty of M.V.I. to record it while issuing fitness-no certification of fitness unless arrear if any is paid for the vehicle non-compliance by him to be treated as dereliction of duty  liable for disciplinary action.

Detailed instruction have been imparted in the above instruction supplement regarding mandatory provisions and necessity of recording U.L.W in G.R Volume / R.C. Book of vehicles.

2.     It may made clear here that it is the bounden duty of the M.V.I. to see that U.L.W. of a transport vehicle is ascertained while it comes to him for certification of fitness.If it is not in the sale letter of the dealer the owner or person in charge of the vehicle must get the vehicle weighed unloaded in a registered weigh bridge and produce the certificate of U.L.W. If is any weigh bridge in the vicinity but it dies not have its system of issuing any certificate of weighment, the M.V.I. can get it weighed in his presence and record the U.L.W by his own hand which shall be adequate evidence of certification of U.L.W.

 

3.           The M.V.I. should not behave as if certification of fitness is a matter of formality. Unless U.L.W. is certained furnished or there is any non-compliance of prescribed feature / condition he must clearly mention on the record slip that the vehicle is not fit for registration. There should be no shirk of responsibility in this regard.

4.     The check slip for certification of fitness prescribed and circulated earlier does not appear to be utilized for recording compliance when the M.V.I. inspects the vehicle and issues fitness certificate. This must be used as instructed in Standing Order No-I of 1975.

5.     Motor Vehicle Inspectors shall not issue fitness certificate to any transport vehicle if there is arrear of tax dues and penalty outstanding against any such vehicle. In the meantime arrear lists of transport vehicle have been prepared by each R.T.O. and such arrear lists of different R.T.As are available  in each R.T.A. Therefore no matter even if the transport vehicles produced before the M.V.I. for issue/renewal of certificate of fitness either belonging to the same region or any other region, the M.V.I shall first try to find out from the arrear lists to ascertain if any arrear tax and penalty is outstanding against such vehicle. In case of arrear tax outstanding against any such vehicle, the said vehicle shall be seized by the M.V.I. U/S-17 (2) of the Motor Vehicles Taxation act 1975. Presently each M.V.I. takes the plea that he has refused to issue/renew fitness certificate to transport vehicles having outstanding arrear tax and penalty. All the M.V.Is are hereby directed that when any transport vehicle is presented before the M.V.I. for issue / renewal of certificate of fitness and if it is found to be having outstanding arrear dues of tax, the M.V.I shall not only refuse to issue / renew certificate of fitness but it shall be mandatory for the M.V.I. to seize the vehicle on the spot U/S-17 (2) of the Motor Vehicle Taxation of 1975. The R.T.O s in every month should inform the Joint Transport Commissioner (Technical) about the number of such transport vehicles seized by the M.V.I. on being presented for issue / renewal of certificate of fitness on ground of having outstanding arrear dues.

6.   Deviation from these instructions or non-compliance thereof in any manner shall be treated as dereliction of duty of the M.V.I. liable for disciplinary action.

7.           The receipt of these instructions may please be acknowledged.

15

S-21

23.09.1993

Recording of the name of proper registered owner Vehicle in the Certificate of Registration Scope for is Duplicate Certificate of Registration-vis-a-vis fresh Certificate of Registration.

It is observed that in some cases where the motor vehicle is held under a hire purchase / lease / hypothecation agreement the registration authorities are entering the name of a person/ company other than the person who is in possession of the vehicle under such agreement as registered owner of the vehicle. This is irregular section-2 (3) of the Motor Vehicles Act 1988 provides that “owner” means a person in whose name a motor vehicle stands registered and where such person is a minor, the guardian of such minor and in relation to a motor vehicle which is the subject of a hire purchase agreement or an agreement of lease or an agreement of hypothecation the person in possession of the vehicle under that agreement. Therefore where a motor vehicle is held under hire purchase / lease / hypothecation agreement that is registered the name of the person in possession of the vehicle under  that agreement  must be entered in the Certificate of Registration as the registered owner. Application for registration of any such vehicle in the name of any other persons should not be entertained by any Registration Authority and return to  the applicant as defective application. Registration of motor vehicles already made in aforesaid defective manner should also be rectified giving reasonable opportunity of being heard to the parties concerned.

2.      Sub-section (5) of Section-51 of the Motor Vehicles Act 1988 provides the procedure and manner for issue of fresh certificate of registration where possession of a motor vehicle held under a hire purchase / lease / hypothecation agreement is taken from the registered owner absconds or refuses to deliver the certificate of registration. In case such vehicle is delivered to another person after being seized from the original registered owner a fresh certificate of registration has to be first issued following the provisions of the said sub-section and thereafter may be transferred to the name of the second owner. But it is observer that in such circumstance, duplicate certificate of registration if being issued by many registering authorities directly entering the name of the second owner therein. This practice must be discontinued forthwith and the provisions of Section-51(5) followed in the matter strictly. While issuing fresh certificate of registration under these provisions, it may be mentioned clearly on the first page of the R. C. “Fresh Certificate of Registration issued under Section-51(5) of the M.V.Act 1988” with signature and seal of the issuing authority.

Needless to emphasize that duplicate certificate of registration are to be issued only in case of loss, destruction or mutilation of the original R. C.

16

S-26

05.01.1994

Fixation of seating capacity of Vikram Auto Rickshaws

A confusion has been created in respect of fixing up seating capacity of higher seater Auto Rickshaw specially in case of VIKRAM AUTO RICKSHAW manufactured by M/S India Scooter Ltd.  The registering authorities are endorsing the matter to Inspectors of Motor Vehicles. They only endorse the views of manufacturer. This matter has been carefully examined by Jt. Commissioner Transport (Tech.) and Deputy Commissioner Transport, (Central Zone) who have opened that these vehicles have seating potentiality of eight in all. By increasing the seats from seven to eight, the safety is not effected and on the other hand State is being benefited by an additional amount of Rs.2800/- per annum per vehicle. Therefore all the Inspectors of Motor Vehicles are directed to examine the seating potentiality of these type of vehicle correctly so that motor vehicle revenue is not lost. A rough sketch of standard seating layout is enclosed for your reference.   

All registering authorities are instructed to revise the seating capacity of the vehicles already registered with seven seats and assess the tax with prospective effect from the date of revision of the seating capacity.