CHAPTER I
PRELIMINARY
1. Short title and Commencement:
(1) These rules may be called the Orissa Motor Vehicles Rules, 1993.
(2) They shall come into force on the date of their m publication in the Official gazette.
2. Definition:
(1) In these rules, unless the subject or the context otherwise requires:
(a) “Act” means the Motor vehicles Act, 1988 (59 of 1988):
(b) “Commissioner” means the Transport Commissioner appointed by the State Government;
(c) “Deluxe Stage carriage” means an Express stage carriage which is constructed and designed, as per specification as may be notified by the Government from time to time in the Official Gazette, and the seats of which are laid out with the specification mentioned in the Seventh Schedule;
(d) “Express Stage carriage” means a stage carriage with a permit authorizing the same to stop, to pick up and set down passengers once in an average distance of fifteen Kilometers covered by its route with the exception of district, subdivision, tahasil, block headquarters enroute, and the place of its starting and terminus;
(e) “Form” means a form appended to these rules;
(f) “Government” means the Government of Orissa;
(g) “passenger” for the purpose of chapter IV of these rules means any person traveling in a public service vehicles other than the driver, conductor or an employee of the permit holder while on duty in respect of the motor vehicle;
(h) “Regional Transport Officer” means any Officer appointed by such by the State Government to exercise the powers, discharge the Duties and perform the functions of a Regional Transport Officer under these rules and includes an Additional Regional Transport Officers and an Assistant Regional Transport Officers;
(i) “Secretary, State Transport Authority” means an Officers appointed as such by the State Government to exercise the powers, discharge the duties and perform the functions of the Secretary of the State Transport Authority provided under these rules and includes Special Secretary/Additional Secretary/Assistant Secretary/Additional Assistant Secretary. Additional Commissioner, Transport, shall function as Special Secretary, State Transport Authority and Additional/ Assistant Regional Transport Officers posted to Check gates shall function as Additional/Assistant Secretary, State Transport Authority;
(j) “Secretary, Regional Transport Authority” means an Officer appointed as such by the State Government to exercise the powers, discharge the duties and perform the function of the Secretary of the Regional Transport Authority. Provided under these rules and includes Additional Secretary and Assistant Secretary of the Regional Transport Authority. The Additional/Assistant Regional Transport Officers of the region concerned shall function as Additional/Assistant Secretary, Regional Transport Authority;
(k) “State” means State of Orissa ;
(l) “Section” means Section of the Act;
(m) “Schedule” means a Schedule appended to these rules.
(2) All other words and expressions which are used but not defined in these rules shall unless the context otherwise requires have the same meaning as are respectively assigned to them in the Act.
(1) The licensing authority shall be :
1[(i) In case of Panposh Subdivision and Bonai Subdivision in Sundergarh district, the Regional Transport Officer, Rourkela; in the case of rest of the Sundergarh district, the Regional Transport Officer, Sundergarh, 1[in the case of Puri district, the Regional Transport Officer, Puri and in the case of the districts of Nayagarh and Khurda, the Regional Transport officer, Bhubaneswar];
(ii) in the case of trainees of the Government Driving Training School, the Principal of that institution; and
(iii) in case of other not covered by clause (i) and (ii) in the State, in the Regional Transport Officer of the Region Concerned.
(2) The chairman of the Regional Transport Authority in the absence of the licensing authority may authorized by order in writing, any Officer Subordinate to him not below the rank of Deputy Collector to perform all or any of the functions of the licensing authority.
Appeals under Sub-Section (2)of section 17 and sub-section (3) of section 19 shall lie to the Chairman of the concerned Regional Transport Authority :
Provided that appeal against the order of the Principal, Driving Training School shall lie to the Joint Commissioner, Transport (Technical), Orissa under sections 17 (2) and 19(3).
5. Conduct and hearing of appeal :
(1) Appeal petitions made under sub-section (2) of section 17 or sub-section (3) of section 19 shall be preferred in duplicate in the form of a memorandum containing concisely grounds of objection to order of the licensing authority and also the date of service of such orders and shall be accompanied by the copy of the order appealed against together with a treasury challan in support of deposit of fee of rupees five.
(2) When an appeal, presented before the Appellate Authority, does not Comply with any of the requirement of sub-rule (1) the same may not be registered and may summarily be rejected.
(3) When an appeal, Presented is found to be in order, the same shall be registered in the records of the Appellate Authority and notice shall be issued to the authority against whose order the appeal is preferred in such form and manner as the Appellate Authority may direct requiring him to produce such records, as may be necessary, for hearing of the appeal
(4) The Appellate Authority shall, after giving an opportunity of being heard, to the parties concerned and making further enquiry if any, as it may deem necessary confirm, modify or set aside the order against which the appeal is preferred and shall make an order accordingly and pronounce the same in the open court.
(1) If a driving licence of the holder is at any time lost, destroyed or mutilated he shall forth with intimate the fact in writing to the licensing authority along with an affidavit in whose area he has his place of residence or carrying his business at the relevant time, with such particular as may be necessary relating to such licence. He may apply to the said authority for issue of a duplicate licence together with a fee of rupees fifteen in respect of licence in form 6 and rupees forty in respect of licence in form 7 of the Central Motor Vehicles Rules, 1989.
(2) Upon receipt such intimation as aforesaid Licensing Authority shall, if he is not the original licensing authority by whom the driving licence was issued, apply for the particulars of the driving licence and of any endorsement there on from the original authority and shall after making such enquiries, if satisfied that a duplicate licence may be issued, issue a duplicate driving licence to the applicant and send intimation to the original authority.
(3) When a photograph is required to be affixed to the duplicate driving licence issued under the provisions of this rule, the holder of the licence shall furnish the licensing authority two clear copies of his recent passport size photograph, one of which shall be affixed to the duplicate licence and the other shall be transmitted by the authority issuing the duplicate driving licence to the original authority by whom the driving licence was issued.
(4) When a duplicate driving licence has been issued upon representation that driving licence has been lost and the original driving licence is afterward found by the holder there of, he shall deliver the same to the licensing authority forthwith.
(5) Any other persons finding a driving licence shall deliver the same to the holder of the driving licence or to the nearest Police-Station.
(6) The driving licence as issued under this rule shall be clearly stamped “Duplicate” in red ink and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.
(7) Fee payable under sub-rule (1) shall be paid in cash or bank draft or bankers cheque drawn on any, Nationalised Bank in favour of the licensing authority to whom application for issue of duplicate licence is made.
(8) Where the Licensing Authority refuses to issue such duplicate licence applied for, the fee as paid there fore, shall be refunded to the applicant and a refund voucher shall be issued accordingly.
7. Duties of person holding a licence to drive a Transport Vehicle:
(1) Any person to whom a driving licence or a duplicate driving licence has been issued under these rules shall retain and carry such driving licence, while driving or in control of such transport vehicle.
(2) The person holding such driving licence shall keep such licence issued to him in safe Custody and shall produce the same before any authority authorised in this behalf on demand for verification there of for the purpose of the Act and these rules.
(3) Such person shall before the expiry of the driving licence shall make application for renewal there of upon payment of usual fees and in the manner as provided under rule 18 of the Central Motor Vehicles Rules,1989.
(4) A person not authorized to drive a particular class or description of the transport vehicle shall not drive such vehicle except under the authorisation of a learner’s licence.
(5) Any person authorised to drive a transport vehicle under the licence issued to him shall abide by all the rules and regulation provided in the Act and the rules made there under
(6) Any person, who has applied for a duplicate driving licence under rule 6 shall demand and be issued with a receipt form the licensing authority with such particulars evidencing that all documents relating to licence has been submitted before the licensing authority and shall carry the same with him till the duplicate is issued to him. He shall return the said receipt to the licensing authority on being issued the duplicate licence.
8. Maintenance of State Register Driving Licence
The State Register of driving licence shall be maintained by the licensing authority in the manner of a ledger the columns being vertical for entering horizontally the particulars of form 10 prescribed under sub-rule(1) of rule 23 of the Central Motor Vehicles Rules, 1989.
REGISTRATION OF MOTOR VEHICLES
9. The Registering Authority shall be:
(a) in the case of Panposh subdivision and Bonai Subdivision in Sundergarh district, the Regional Transport Officer, Rourkela;
[(b) in the case of the Sundergarh district other than the area Specified in clause (a), the Regional Transport Officer, Sundergarh;
(c) in the case of the district of Puri, 2[the Regional Transport Officer, Puri;
3[(d) in the case of the districts of Nayagarh and Khurda, the Regional Transport Officer, Bhubaneswar]; and
(e) in respect of the other cases in the State not covered by clauses (a) to (d), the Regional Transport Officer of the region concerned.]
Appeals against the order of the registering authority shall lie before the Chairman of the concerned Regional Transport Authority.
11. Conduct and hearing of appeal:
(1) Any person aggrieved by an order passed by the registering authority under sections 45, 48, 50, 54 and section 55 shall within 30 days from the date of the receipt of such order, appeal to the appellate authority.
(2) The appeals petition under sub-rule (1) shall be preferred in duplicate in the form of a memorandum together with a Treasury Challan showing a deposit of fee of rupees forty setting forth concisely the grounds of objection to the order of the registering authority and shall be accompanied by a copy of the order appealed against.
(3) When an appeal is preferred a notice shall be issued to the Registering authority against whose order the appeal is preferred in such form and in such manner as the appellate authority may direct.
(4) The appellate authority, after giving an opportunity to the parties to be heard and after such enquiry, if any, as he may deem necessary may confirm, very or set aside the order of such authority and shall pass orders as deem proper.
12. Obtaining Copies of Document and Payment of fees:
Any person preferring an appeal under the provision of the Act and the rules shall be entitled to obtain copies of documents field before the Registering authority in connection with any order against which he intends to prefer an appeal on payment of a fee of rupees four in cash in respect of each such document.
13.Assignment and Exhibition of Registration Marks:
(1) The Registering authority shall assign to each motor vehicle registered a registration mark in accordance with sub-section (6) of section 41.
(2) The registration mark to be assigned under sub-section (6) of section 41, in accordance with the group of letters allotted to the States by the Central Government from time to time by notification in the Official Gazette, by the registering authority specified in the first column of the first schedule to these rules, shall be as set forth in the corresponding entry in the second column of the said Schedule.
(3) The registration mark shall be displayed in such form in such manner as specified in rules 50 and 51 of the Central Motor Vehicles Rules, 1989.
14.Reservatoin and assignment of registration number with marks:
(1) On receipt of an application the registering authority while assigning a registration mark under rule 13 shall assign the registration number which falls in serial after the last registration mark and number assigned subject to the provisions contained in sub-rules (2) to (6).
(2) The Commissioner may reserve any special registration number with mark as considered necessary to be assigned to a motor vehicle owned by the Government.
(3) (i) Subject to the provisions of sub-rule (2), the registering authority may, on application in writing made to it by any person in possession of a motor vehicle reserve a registration number with mark within one thousand from the last number assigned in serial order on the date of application on payment of an extra fee of one hundred rupees in case of a motor cycle, two hundred and fifty rupees in case of a light motor vehicle or a motor car, three hundred and fifty rupees in case of medium goods carriage or a medium passenger motor vehicle and five hundred rupees in case of a heavy goods carriage or heavy passenger motor vehicles;
(ii) The registering authority may on an application in writing made to it by any person reserve the registration number with mark of a vehicle earlier owned by the said person or any other person for a new vehicle to be owned by him subsequently, on payment of an extra fee of one hundred rupees in case of a motor cycle, two hundred and fifty rupees in case of a light motor vehicle or a motor car, three hundred and fifty rupees in case of medium goods vehicle or a medium passenger motor vehicle and five hundred rupees in case of a heavy goods vehicle or a heavy passenger motor vehicle. The registration number with marks of the vehicle owned earlier shall not be assigned unless up- to-date taxes for that vehicle have been paid.
(4) Notwithstanding any contained in this rule, the Commissioner may, for the reasons to be recorded in writing cancel any reservation made by any registering authority under sub-rule (3) in which case either the fee so deposited shall be refunded or the party reserving the number shall be given an opportunity to choose another number in place of the cancelled number within one thousand numbers from the last serial number assigned on the date of application .
(5) If there are more than one application for a particular number the reservation shall be made in favour of the applicant whose application has been received first and the extra fee of the other applicant shall be refunded if they do not choose another number for reservation.
(6) The number so reserved shall be allotted on production of the vehicle fit for registration along with the application in Form-20 prescribed under rule 47of the Central Motor Vehicle Rules, 1989.
(7) Reservation shall be cancelled if the vehicle is not produced with in thirty days from the date of the issue of information.
(8) The extra amount of fee for reservation of registration number with mark shall, on no account be refunded except in the circumstances specified in sub-rules (4) and (5).
15. Issue of certificate of registration:
On receipt of an application in form 20, prescribed under rule 47 of the Central Motor Vehicles Rules, 1989 and after verification of the documents furnished there with, the registering authority shall subject to the provisions of section 44, issue to the owner of the motor vehicle a certificate of registration in form-23 prescribed under rule 48 of Central Motor vehicles Rules, 1989.
16. Registration record to be kept by the Registering Authority :
Every registering authority shall keep in form 24, prescribed under rule 49 of the Central Motor Vehicles Rules, 1989,a permanent register of motor vehicles registered by it under sub-section (5) of section 41 and of motor vehicles of other State for which new registration marks are assigned by it under sub-section (2) of section 47and shall also enter in such records under the respective registration number all changes made with reference in the provision of sub-section (10) or sub-section (14) of section 41, sub-sections (5) of section 49, sub-section (6) of section 50, sub-sections (1), (2), (3) and (5) of section 51, sub-section (4) of section 52, orders of suspension under section 53 and orders of cancellation under section 54 and 55.
17. Renewal of Certificate of Registration and issue of duplicate:
(1) The registered owner or the person in possession or control of a motor vehicle other than a transport vehicle shall apply in Form 25 prescribed under rule 52 of the Central Motor Vehicle Rules, 1989 to the registering authority which used the certificate of registration for renewal of certificate of registration of the motor vehicle sixty days prior of the expiry of the date on which the registration of the vehicle would complete fifteen years.
(2)The registering authority shall on receipt of the application for renewal of the certificate of registration of a motor vehicle other than a transport vehicle shall cause the vehicle to be examined by the inspector of Motor Vehicles or a junior Inspector of Motor Vehicles and on the later’s recommendation, renew the certificate of registration and such renewal shall remain valid for a period of five years from the date on which it is granted.
(3) If at any time a certificate of registration is mutilated the owner shall be entitled to a duplicate one on surrender of the mutilated one and payment of fee prescribed for issue of duplicate.
(4) Upon receipt of such an application under rule 53 of the Central Motor Vehicles Rules, 1989 together with the fee prescribed under rule 81 of the said rules, the registering authority shall issue duplicate certificate of registration in the form prescribed under rule 48 of the said rules clearly stamped “Duplicate” in red ink.
(5)No person shall be liable to be convicted of an offence of violation of section 130 if, at the time when the certificate is demanded, he has already reported the loss, destruction or mutilation there of in accordance with the rule and duplicate certificate has not been delivered to him.
18. Authority to suspend certificate of registration, examination of vehicle and appeal thereto;
(1) Any magistrate in a proceeding before him, the Additional Commissioner Transport, Secretary or the Under-Secretary of the State Transport Authority, Joint Commissioner Transport, Deputy Commissioner Transport, any Police Officer not below the rank of Deputy Superintendent or the Inspector of Motor Vehicles may suspend the certificate of registration of a motor vehicle under sub-section (1) of Section 53.
(2) Any Officer of the Orissa Motor Vehicles Department not below the rank of Traffic Inspector may stop any motor vehicle the use of which in a public place, in his opinion, likely to constitute danger to the public and examine such vehicle.
(3) Any owner of motor vehicle aggrieved by an order made under sub-rule (1) may, within thirty days from the date of receipt of the order appeal
(i) against the order of any Magistrate, to the court competent to hear appeal against such order under the code of Criminal Procedure, 1973 (2 of 1974);
(ii) against the order of Additional Commissioner Transport, Secretary or Under- Secretary of the State Transport Authority, Joint Commissioner Transport, Deputy Commissioner, Transport to the Commissioner, and
(iii) against the order of other authorities, to the Chairman of the Regional Transport Authority concerned.
(4) The producer specified in rule 11 for the conduct of hearing of appeals shall apply to all appeals preferred under sub-rule (3).
(1) The following particulars in respect of every transport vehicle shall be exhibited on the left-hand side of the vehicle, namely :
(i) the name of the owner as set forth in the certificate of registration and his address in brief;
(ii) the unladen weight denoted by U.W…….. Kilograms;
(iii) the gross vehicle weight denoted by G.V.W………Kilograms;
(iv) the number of passengers for whom accommodation is provided denoted by pass………….
(v) the registered front axle weight denoted by F.A.W…… Kilograms;
(vi) the registered rear axle weight denoted by R.A.W…….. Kilograms;
(vii) the registered axle weight of each inter mediate axle, if any, denoted by M.A.W…….. Kilograms;
(viii) the number and size of tyres
(2) The weight shall be stated in kilograms and the particulars shall be set forth in English letters and numerals each not less than two and half centimeters high and two and half centimeters wide legibly painted on a plain surface or a plate or plates affixed to the vehicle.
(1) Intimation of transfer of ownership of motor vehicle under clause (b) of sub-section (1) of section 50 shall be made by the transfer in form 30 prescribed under rule 55 of the Central Motor Vehicles Rules, 1989.
(2) The application shall be accompanied with a fee as specified in rule 81 of the Central Motor Vehicle Rules, 1989.
(3) Communication of transfer to the original registering authority under sub-section (7) of section 5 shall be made in form I.
21. Intimation in respect of vehicle not registered within the State:
(1) When any motor vehicle which is not registered in Orissa has been kept within Orissa for a period exceeding thirty days, the owner or other person in charge of the vehicle shall send intimation to the registering authority of the area in which the motor vehicle is at the time of making the report and shall intimate.
(ii) his name and permanent address, and his address for the time being;
(ii) the registration mark of the vehicle;
(iii) the make and description of the vehicle; and
(iv) in the case of a transport vehicle the name of the authority within the State by whom the permit has been issued or countersigned:
Provided that in the case of a transport vehicle covered by a permit having validity in the State, it shall only be necessary to make a report under this sub-rule upon the first occasion when a report is due.
(2) Nothing in this rule shall apply to motor vehicle which requires registration under provisions of sub-section (1) of section 60.
22. Certificate of Fitness (Issue and renewal):
(1) A Certificate of fitness shall be granted or renew by an Inspector of Motor Vehicles or Junior Inspector of Motor Vehicles appointed for the purpose or the testing station authority by the State Government for the purpose :
Provided that the Transport Commissioner may also authorise any other Officer subordinate to himself and belonging to Orissa Transport Engineering Service to grant or renew the Certificate of fitness.
(2) The application for the grant or renewal of the certificate of fitness as the case may be, shall be made in Form II accompanied by a tax clearance certificate in Form III to the registering authority in whose functional area includes the major portion of the route or area to which the permit relating to the vehicle extends.
(3) The application shall be forwarded by the registering authority to the Inspector of Motor vehicles or in his absence to the Junior Inspector of Motor Vehicles or to any Officer authorised by the Commissioner or to the testing station authorised in sub-rule (1) for disposal, within ten days from the date of receipt of such application and in case of renewal of the fitness certificate within fifteen days from the date of receipt of such application.
(4) The authority granting or renewing the certificate of fitness may endorse on the application the date, time and place appointed for the inspection of the vehicles not later than a date beyond seven days after receipt of the application from registering authority and the owner shall cause the vehicle to be produced to accordingly.
(5) The authority granting or renewing certificate of fitness shall after such inspection endorse on the certificate of registration the fact of such grant or renewal there of with his signature, date and seal thereon. In case of refusal to grant or renew such certificate of fitness, he shall record in writing the reason thereof and shall communicate to the registering authority accordingly with a copy to applicant forthwith.
(6) An application for renewal of the certificate of fitness shall be made in Form II not less than thirty days before the date of expiry of the certificate of the owner or the person in control of the vehicle shall cause the vehicle to be produced for inspection such date and at such time and place as appointed under sub-rule (4).
(7) If owner or the person in control of the vehicle fails to make application under sub-rule (6) he shall be liable to pay a penalty of rupees 100% in additional to fee prescribed for the renewal of the fitness certificate and inspection of motor vehicles:
Provided that the delay in making the application may be condoned by the registering authority if he is satisfied that the owner or the person in control of the vehicle was prevented by sufficient cause for such delay.
(8) If the owner or the person in control to the vehicle falls to produce the vehicle before the inspecting authority on the date, time and place fixed under sub-rule (4) but produces the same on some later date, he shall have to pay a penalty of rupees twenty 100%
Provided that the omission to produce the vehicle for inspection on the date as fixed under sub-rule (4) may be condoned by the concerned authority as specified in sub-rule (3), if he is satisfied about the reasons of failure for such omission and in that case no penalty shall be imposed.
(9) There shall not be more than one certificate of fitness in respect of any motor vehicle.
(10) If, owing to mechanical breakdown or other cause a motor vehicle is, after the expiry of the certificate, out side the functional area of the inspector by whom the certificate is to be renew, an inspector of Motor vehicles or in his absence the Junior Inspector of Motor vehicles, or the officer authorised under the proviso to the sub-rule (1) may, without prejudice to any penalty of which the owner or driver may have become liable, if the vehicle in his opinion if fit for use, by endorsement in Form-IV and subject to such condition as he may specify, authorise its continued use for such time as may reasonably be necessary for the vehicle to return the area of the Inspector by whom the certificate should be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return to that area until the certificate has been renewed.
(11) If a vehicle is damaged at any time so as to be unfit for ordinary use during the validity of the fitness certificate and may, in the opinion of any Inspector of Motor Vehicles or in his absence the Junior Inspector of Motor vehicles be safety driven at a reduced speed to a place of repair and if, he is satisfied that, it is necessary that the vehicle should be driven, he may by endorsement in Form V specify the time, within which and he condition subject to which the vehicle may be driven to a specified destination for the purpose of repair and the limit of speed beyond which it shall not be driven.
(12) The registering authority or any Inspector of Motor Vehicles or in his absence the Junior Inspector of Motor Vehicles may, under7sub-section (4) of section 56, cancel the certificate fitness of a Motor Vehicle, if in his opinion, the vehicle does vehicle does not comply with the requirements of the Act and rules made thereunder and shall record the reason for such cancellation in the certificate of fitness.
(13) The authority canceling the certificate of fitness shall give the owner of the vehicle an order in writing with the reasons thereof and if he is not the original authority, shall report such action and forward the certificate of fitness to the said original authority, for necessary orders to be communicated to the owner of the said vehicle.
(14) Any owner or the person in control of the vehicle aggrieved by an order made under this rule may, within thirty days of the date on which such order received, appeal against the order to the Deputy Commissioner, Transport of the Zone concerned.
(15) The producer specified in rule 11 for the conduct of hearing of appeals shall apply mutandis to all appeals presented under sub-rule (14).
23. Loss, Destruction of Mutilation of certificate of Fitness:
1) If a certificate of fitness is lost or destroyed or mutilated, the owner of the vehicle shall forthwith report the matter to the registering authority, in whose jurisdiction the vehicle was registered, and shall apply with a fee of rupees eight for issue of a duplicate certificate.
2) Upon receipt of such intimation and the fee, the registering authority shall direct the Inspector of Motor Vehicles or in his absence the Junior Inspector of Motor Vehicles or the authorised testing station to furnish the owner with a duplicate copy of the certificate duly marked as “Duplicate” in red ink who shall comply accordingly with such directions.
1. In the intimation as to loss or destruction or mutilation of the certificate of fitness has been given by the owner to the registering authority together with fee for issue of a duplicate certificate of fitness, the registering authority shall forthwith give the owner a receipt therefore which will be valid till the duplicate certificate is issued in such case, the owner shall not be liable for any conviction or penalty for non-production of the certificate of fitness on demand under the act or the rules made thereunder.
24.Intimation in respect of vehicle transferred under hiring agreement:
a. When possession of motor vehicle is transferred by the registered owner to another person under a hiring agreement the registered owner shall forthwith intimate the fact and the full name and address of the transfer fee to the registering authority of the area in which the said owner has his residence or place of business.
b. Possession shall not in the following circumstances be deemed to have been temporarily transferred for the purpose of clause (7) of section 2 and under sub-rule (1).
(i) unless the agreement is in writing and the items thereof include transfer to the hirer of the right of the sole use of the vehicle to the exclusion of the owner and all other person throughout a period of not less than seven days; and.
(ii) In case, if the vehicle is or is to be driven by the owner or his servant and is or is to be normally kept when not in use, upon the premises of the owner.
25. Gross Vehicle Weight Entry in the Certificate of Registration – Old Vehicles:
(1) On or after the commencement of these rules, no owner shall permit any goods carriage to be driven in any public place, liable for registration under the Act, unless the gross vehicle weight is entered in the certificate of registration in accordance with sub-section (2) of section 58 and is exhibited on the vehicle.
(2) The owner of goods carriage, the gross vehicle weight of which is not entered in the certificate of registration before the commencement of the Act and rules made there under, shall apply in Form VI to the registering authority of the area in which the goods carriages are normally kept for the assignment of gross vehicle weight to the vehicle.
(3) Upon receipt an application under sub-rule (2) the registering authority shall call upon the applicant to produce the vehicle at such time and place and before such person as the registering authority may appoint.
(4) After causing the vehicle to be inspected or making such enquiries as he may deem to be necessary, the registering authority shall assign a gross vehicle and call upon the registered owner to produce the certificate of registration and shall enter the same thereon.
(5) If the registering authority assigning the gross vehicle weight in accordance with this rule is not the authority by whom the records of registration are kept, he shall inform to that authority:
Provided that the registering authority may dispense with the with the provisions of this rule in any district or region, where there is no weighing machine available.
(6) in assigning gross vehicle weight to a vehicle for which makers documents as required under sub-section (1) of section 58 are produced, the registering authority shall assign such gross vehicle weight as may be prescribed by the Central Government From time to time.
(7) On the publication of the notification in the Official Gazette under sub-section (1) of section 58 and the particulars under sub-section (2) of the section 58 the registering authority having jurisdiction over the locality shall either from his own information or otherwise ascertain the particular of such vehicles used in such localities. There after he shall issue a notice calling open the concerned registered owners of such vehicles used in the said localities to explain as to why the gross vehicle weight shall not be revised in accordance with the notification. Thereupon he shall consider such explanation and being satisfied, revise the gross vehicle weight of the vehicle and require the certificate of registration of the concerned vehicle to be produced within a period of fifteen days from the date of service of notice before him for such entry in the said certificate of registration, in accordance with the aforesaid notification.
26. Temporary Registration of Motor Vehicles:
(1) A temporary certificate of registration under section 43 shall be issued by the registering authority of the area in which it is applied for.
(2) An application for temporary registration shall be in form 20 prescribed under rule 47 of the Central Motor Vehicles Rules, 1989 and clearly marked “Temporary’.
(3) A temporary certificate of registration shall be in Form VII.
(4) The authority granting a temporary certificate of registration shall in all cases, forward a copy of form VII to the registering authority in whose area the vehicle is to be ordinarily kept.
(5) The authority granting a temporary certificate of registration shall assign a temporary registration mark of the vehicle and the owner shall cause the said mark to be affixed to the front and rear of the motor vehicle in the manner prescribed for exhibiting registration marks.
(6) The letter “TEMP”, shall be used before the temporary registration number allotted to the vehicle. The temporary registration number shall be so chosen that it is not one of those already allotted to permanent registration mark of any other vehicle or shall not come in the serial so soon. Such temporary registration number may also be refused for any other vehicle after the expiry of the period of the temporary registration to be so fixed by the registering authority.
(7) The fee for temporary registration shall be fifty percent of the fee prescribed for registration of the particular vehicle under rule 81 of the Central Motor Vehicles Rules, 1989.
(8) The registering authority may not insist upon the production of vehicle at the time of and for the purpose of temporary registration if the application for temporary registration is made to the registering authority through the dealer with required documents, namely, the particulars in Form 21 and Form 22 appended to the Central Motor Vehicles Rules, 1989, duly issued under hand and seal by the dealer or manufacture or his authorised agent or representative. A copy of the Sale Certificate issued in Form 21 and initial certificate of roadworthiness certificate in Form 22 shall be attested and retained by the registering authority and the original shall be returned along with the temporary certificate of registration to the dealer or manufacturer or his authorised agent or representative.
27. Exemption of Certain Vehicle:
Nothing contained in Chapter IV of the Act shall apply to road rollers, graders and other vehicles adapted to be solely used for construction, making, repairing and cleaning of roads save that every tractor capable of other use shall be registered and shall require a certificate of fitness.
28. Application for supply of copies of particulars of registration:
(1) Application for obtaining the certificate copies of the particulars of registered motor vehicles shall be presented to the registering authorities of motor vehicles concerned on together with a fee of Rs 50/- information shall be supplied Form VIII.
(2) Any additional information required shall be charged similarly on presentation of similar application.
Where the registering authority refuses to issue a certificate of registration or where an authority prescribed or authorised to grant certificate of fitness refuses to issue or renew a certificate of fitness, the registration fee or the for the issue or renewal of the certificate or fitness paid shall be refunded. If the fee is paid in cash, a refund voucher shall be issued:
Provided that no refund of fee for a certificate of fitness shall be made when the inspection of the vehicle in respect of which the certificate was applied for has been carried out.
Explanation : For the purpose of this rules, the fee paid for issue or renewal of a certificate of fitness and for inspection shall be refunded when actually the inspection of the vehicle has not been carried out by the authority prescribed or authorised to grant certificate of fitness, but in case the inspection has been carried on and the vehicle is not found fit for the issue of a fitness certificate, the fee for inspection only shall be retained and the fee for issue or renewal of the certificate of fitness shall be refunded. Where the fee is paid in cash, a refund voucher shall be issued.
30. The grant of certified copies of records relating to registration and licence:
A certified copy of the of the particulars of the certificate of registration entered in the record in the accordance with sub-section (5) of section 41 or of the particulars of any licence for the driving of a motor vehicle, shall be furnished ; to the person applying for the same on payment of a fee of rupees four for vehicle or licence, as the case may be.
31. Application and fee for supplying information relating to the particulars of a motor vehicle:
Information relating to the particulars of a motor vehicle shall be furnished to a person applying for the same on payment of a fee of thirty paise for each item of information relating to a period not exceeding one year, but not exceeding five years and sixty paise when it exceeds five years.
32. Exemption of fees in respect of certain Transport Vehicles:
The State Government may, by notification, exempt the transport vehicles which are the property of the State Government or the Central Government and are used exclusively for Government Purposes from the payment of fees prescribed in rule 81 of the Central Motor Vehicles Rules, 1989.
The Government may, by notification, exempt any person or class of persons form payment of all or any portion of the fees payable under rule 81 of the Central Motor Vehicles Rules, 1989.
34. Charges for delayed registration or renewal:
(1) If the owner of a vehicle falls to make an application for registration under sub-section (1) or for renewal of certificate of registration under sub-section (8) of section 41, within the period prescribed under rules 47 and 52, respectively of the Central Motor Vehicle Rules, 1989, the registering authority may having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, an amount of rupees twenty-five for the delay extending thirty days, rupees fifty for the delay for any period exceeding thirty days, up to ninety days and rupees one hundred for the delay for any period exceeding ninety days.
(2) If the owner of a vehicle fails to make an application as required under sub-section (1) of section 47, within the period prescribed under rule 54 of the Central Motor Vehicle Rules, 1989, the registering authority may having regard to the circumstances of the case required the owner to pay an amount of rupees twenty-five for the delay extending up to thirty days, rupees fifty for the delay for any period exceeding thirty days up to ninety days and rupees one hundred for the delay for any period exceeding ninety days.
(3) If the owner of a vehicle fails to intimate as to change of residence or place of business to the concerned registering authority within the period specified in sub-section (1) 49, the registering authority may, having regard to the circumstances of the cases require the owner to pay, in lieu of any action that may be taken against him under Section 177, an amount of rupees twenty-five for the delay exceeding up to thirty days, rupees fifty for the delay for any period exceeding thirty days and up to ninety days and rupees one hundred for the delay for any period exceeding ninety days.
(4) If the transfer or the transferee fails to report to the concerned registering authority the fact of transfer of owner ship of the motor vehicle within the period specified in clause (a) or clause (b) of sub-section (1) of section 50, the registering authority may having regard to the circumstances of the case, require the transferor or the transferee, as the case may be, to pay in lieu of any action that may be taken against him under section 177, an amount of rupees twenty-five for the delay for any period extending up to thirty days, rupees fifty for the delay for any period exceeding thirty days and up to ninety days and rupees one hundred for the delay for any period exceeding ninety days.
(1) As Officer-in-charge of the police Station, Where the theft of a motor vehicle is reported by the owner or any other person in possession of the vehicle, shall immediately after registering the report, send intimation to the State Transport Authority, Orissa Officer authorised by the State Transport Authority in Form IX and send a copy thereof to the registering authority where the vehicle is registered and to all other registering authorities located in the State.
(2) On receipt of the intimation under sub-rule (1) the State Transport Authority shall inform all the registering authorities of the State the details of the stolen vehicle in Form X.
(3) The State Transport Authority shall also maintain a register of stolen vehicle in form XI.
(4) The registering authorities shall maintain the register of stolen vehicles in Form XII on the basis of the intimation received from the State Trans-port Authority or from the Police Officer, as the case may be.
(5) If the vehicle reported to be stolen is recovered , the Police –station which recovered the vehicle shall intimate the fact in Form IX to the State Transport Authority and the Original registering authority.
(6) Upon receipt of intimation under sub-rule (5) the State Transport Authority and the registering authority shall take a note of such recovery in the register maintained in forms Prescribed under sub-rules (3) and (4).
36. Furnishing of return by the manufacture or dealer:
(1) The manufacture or dealer shall furnish to the registering authority having jurisdiction in the locality the information in Form XIII and Form XIV in respect of the vehicles received in stock and sold by him during every month by fifteenth of the succeeding month.
(2) The manufacture or dealer shall furnish a copy of the sale certificate in Form 21 prescribed Under rule 47 of the Central Motor Vehicles Rules, 1989 to the registering authority of the concerned region where the vehicle is intended to be registered.
37. Maintenance of State Register of Motor Vehicles:
The State Register of Motor Vehicles shall be maintained by the registering authority in the manner of a ledger, the columns being vertical for entering horizontally the particulars of Form 41 Prescribed under rule 75 of the Central Motor Vehicles Rules, 1989.