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Core Purpose

Notification of the Central Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2024, further amending the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.

Detailed Summary

G.S.R. 212(E) dated 15th March 2024, issued by the Ministry of Road Transport and Highways, notifies the Central Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2024, made under sub-section (4) of section 59 and clause (p) of section 64 of the Motor Vehicles Act, 1988 (59 of 1988), after considering objections and suggestions received on the draft rules (published as G.S.R. 57(E) dated 19th January 2024 and made available to the public on 23rd January 2024); the amendment rules take effect on publication and amend the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 by: requiring in rule 5(b) a consent-to-establish approval from the State/UT Pollution Control Board; requiring in rule 5(f) a Consent to Operate (or an application at least 60 days before commencing operations); omitting the words "the orange category of" in rule 5(h); omitting sub-rule (5) of rule 7; inserting "(physical/digital)" after "obtain a receipt" in rule 10(1)(vii); extending a document retention period from two years to three years in rule 10(1)(xii); substituting the proviso in rule 10(1)(xiii) on electronic tradeability of Certificates of Deposit; substituting rule 14(1) to require regulatory/compliance and mass-flow-statement audits under rule 126 of the Central Motor Vehicles Rules, 1989; omitting and renumbering sub-rules of rule 14; and amending Form 2 item 1 to add "TAN (for Government Vehicles only)" and provisions for Bharat Kosh bank accounts for government-owned vehicles; issued under File No. RT-23013/01/2018-T and signed by Mahmood Ahmed, Additional Secretary; a note states the principal rules were published vide G.S.R. 653(E) dated 23rd September 2021 and last amended vide G.S.R. 695(E) dated 13th September 2022.

Full Text

2024 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 198] NEW DELH I, FRIDAY , MARCH 1 5, 2024 /PHALGUNA 25, 1945 CG-DL-E-16032024-253120 CG-DL-E-16032024-253120 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 15th March, 2024 G.S.R. 212(E).—WHEREAS, draft of the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2024 was published, as required under sub -section ( of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide n otification in G.S.R. 57(E), dated 194h January, 2024 of the Ministry of Road Transport and Highways in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (i) inviting objections and suggestions from all persons thereby before the expiry of the period of thirty days from the date on which copies of the Official Gazette containing the draft rules were made available to the public; AND WHEREAS copies of the said notification were mad e available to the public on the 23rd January, 2024; AND WHEREAS the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred sub- section (4) of section 59 and clause (p) of section 64 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, namely: 1. Short title and commencement. - (1) These rules may be called the Central Motor Vehicles (Registration and Function s of Vehicle Scrapping Facility) Amendment Rules, 2024. (2) They shall come into force on the date of their publica tion in the Official Gazette. 2. In the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, (hereinafter referred as the said rules), in rule 5, - (a) for clause (b), the following clause shall be substituted, namely: "b) The entity shall have an approval for consent to establish from the Pollution Control Board of the State or Union territory in which the Registered Vehicle Scrapping Facility is intended to be located."; (b) for clause (f), the following clause shall be s ubstituted, namely: "The entity shall have obtained Consent to Operate from Pollution Control Board, or shall have applied for the same, at least 60 days prior to the date of commencement of operations.”; (c) in clause (h), the words "the orange category o f" shall be omitted. 3. The sub rule (5) of rule 7 of the said rules, shall be omitted. 4. In rule 10 of the said rules, - (a) in clause (vii) of sub -rule (1), after the words "obtain a receipt", the words "(physical/ digital)" shall be inserted; (b) in cla use (xii) of sub rule (1), for the words "two years" the words "three years" shall be substituted; (c) for clause (xiii) of sub rule (1), the following proviso shall be substituted, namely: - "The Certificate of Deposit shall be electronically tradeable and there shall be no incentives on Certificate of Deposit issued against the Government -owned vehicle or impounded vehicle handed over by an Enforcement agency and such Certificate of Deposit shall not be electronically tradeable.". 5. In rule 14 of the said rules, - (a) for sub rule (1), the following shall be substituted, namely: "The Registered Scrapper shall ensure timely conduct of audit of the Registered Vehicle Scrapping Facility by any of the agencies specified under rule 126 of the Central Motor Vehic les Rules, 1989 to undertake, (a) regulatory and compliance audit and (b) audit of the mass flow statement as maintained in Form - by the Registered Vehicle Scrapping Facility."; (b) sub rule (2) shall be omitted and after sub rule (2) as so omitted, sub -rules (3), (4), (5) and (6) thereof shall be renumbered as sub -rules (2), (3), (4) and (5). 6. In FORM 2, item no 1 of the said rules, (a) in sub -item (E), after the word PAN", the following shall be inserted, namely: - "or TAN (for Government Vehicles onty) "; (b) in sub -item (F), after the words "Bank Account", the following shall be inserted, namely: - "(for Government owned vehicles, the bank account may be Bharat Kosh or any other account specified by the concerned Government Department)" [F. No. RT -23013/ 01/2018 -T] MAH MOOD AHMED, Addl . Secy . Note : The Principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide notification number G.S.R. 653 (E), dated 23rd September 2021 and lastly amended vide notifica tion number G.S.R. 695 (E), dated 13th September 2022. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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