Amendment of Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23012024-251569 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 51] NEW DELHI, TUESDAY, JANUARY 23, 2024/MAGHA 3, 1945 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 19th January, 2024 G.S.R. 57(E). The following draft of certain rules further to amend the Central Motor Vehicles Rules, 1989, which the Central Government proposes to make in exercise of the powers conferred by section 56 (2) of the Motor Vehicles Act, 1988 (59 of 1988), is hereby published as required by sub-section (1) of section 212 of the said Act for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of thirty days from the date on which the copies of this notification, as published in the Official Gazette, are made available to the public; Objections and suggestions to these draft rules, if any, may be sent to the Additional Secretary (Transport), email: [email protected], Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001. The objections or suggestions which may be received from any person in respect of the said draft rules before the expiry of the aforesaid period will be considered by the Central Government. DRAFT RULES 1. Short title and commencement. - (1) These rules may be called the Central Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2024. (2) They shall come into force on the date of their publication in the official Gazette. 2. In the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 and its amendments, 2022, (hereinafter referred as the said rules), in sub-rule (b) of rule 5, the following shall be substituted, namely: - "b) The entity shall have an approval for consent to establish (CTE) from the Pollution Control Board of the State or Union territory in which the Registered Vehicle Scrapping Facility is intended to be located". 3. For sub-rule (f) of rule 5 of the said rules, the following shall be substituted, namely: - "The entity shall have obtained Consent to Operate (CTO) from Pollution Control Board, or shall have applied for the same, at least 60 days prior to the date of commencement of operations." 4. In sub-rule (h) of rule 5 of the said rules, the words "the orange category of" shall be omitted. 5. In sub-rule (6) of rule 6 of the said rules, after the words "would be deemed approved", the words - "If the 60th day falls on a non-working day, the following working day shall be considered." shall be added. 6. The sub rule (5) of rule 7 of the said rules, shall be omitted. 7. In Clause (viii) of sub-rule (1) of rule (10) of the said rules, after the words "obtain a receipt", the words "(physical/ digital)” shall be inserted. 8. In Clause (xii) of sub rule (1) of rule (10) of the said rules, for the words "two years from the date of issuance" the words "three years from the date of issuance." shall be substituted. 9. In Clause (xiii) of sub rule (1) of rule (10) of the said rules, the following proviso shall be inserted: "Provided that no incentives shall be available on Certificate of Deposit (CD) issued against government- owned vehicle (s) or impounded vehicle (s) handed over by an enforcement agency. Such CDs shall not be electronically tradeable." 10. For sub rule (1) and (2) of rule (14) of the said rules, 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 Vehicles Rules, 1989 to undertake (a) regulatory and compliance audit; and (b) audit of the mass flow statement as maintained in Form-3 by the Registered Vehicle Scrapping Facility." Sub-rules (3), (4), (5) and (6) of rule 14 of the said rules, may be read as sub-rules (2), (3), (4) and (5). 11. In sub-item (E) of Item Number (1) in Form 2, of the said rules, after the word “PAN”, the following words shall be added: - "or TAN (for Government Vehicles only)." 12. In sub-item (F) of Item Number (1) in Form 2, of the said rules, after the words "Bank Account", the following words shall be added: - "(for Government owned vehicles, the bank account may be Bharat Kosh or any other account specified by the concerned Government department or body.)" [No. RT-23013/01/2018-T] MAHMOOD 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 notification number G.S.R. 695 (E), dated 13th September 2022.