Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 69


CHAPTER III
REGISTRATION OF MOTOR VEHICLES
Rules 66, Rule 69

69. Power of registering authority to suspend or cancel the letter of authority or forfeit security deposit,- (1) If the registering authority is satisfied after giving notice to the holder of a letter or authority  an opportunity of being heard, that he has-
                (a) failed to maintain the equipment, machinery and apparatus referred to in sub-clause (e) of sub-rule (3) in good condition; or
                (b) failed to  comply  with other requirements laid down in sub-rule (3) of Rule 63; or
                © failed to observe correct standards of testing before granting or renewing  certificate of fitness as noticed at the time of test-checking referred to in Rule 67 or the frequency  of accidents involving transport vehicles covered by certificate of fitness granted or renewed by the authorized testing station attribute to any mechanical defect of the vehicle, it may –
(a)    Suspend the letter of authority for a specified period; or
(ii)  cancel the letter of authority; or
(iii) order forfeiture of the security  deposit furnished by the authorized testing station.

 (2) Where the letter of authority  is suspended or cancelled under sub-rule (1), the holder of the letter of authority shall, within thirty days of the receipt of the order of forfeiture, remit to the registering authority an amount ordered to be forfeited so that the requirement of sub-rule (2) of Rule 63 in relation to deposit of the security is complied with.
70. Appeal,- Any person aggrieved by an  order of the registering authority under sub-rule (5) or sub-rule (1) of Rule 63 or sub-rule (1) of Rule 68, may, within 30 days of the receipt of the order, appeal to the Head of the Motor Vehicles Department of the State Government established under section 213.


71. Procedure for appeal,- (1) An appeal under Rule 70 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the registering authority and shall be accompanied by the appropriate fee as specified in Rule 81 and  a certified copy of such order.

(2) The appellate authority may,  after giving an opportunity to the parties to be heard and after such enquiry as it may deem necessary, pass an appropriate orders.

72. Voluntary surrender of letter of authority,- (1) The holder of a letter of authority may, at any time, surrender the letter of authority issued to him, to  the registering authority which has granted the  letter of authority and on such surrender, the  registering authority shall cancel the  letter of authority forthwith.


73. Tax clearance certificate to be submitted to the testing station,- No authorized testing station shall accept an application for grant or renewal of a certificate of fitness, unless the same is accompanied by a tax clearance certificate in such form as my be specified  by the State Government, from the Regional Transport Officer, or Motor Vehicle Inspector having jurisdiction in the area to the effect that the vehicle is not in arrears of motor vehicle tax or any compounding fee referred  to in sub-section (5) and (6) of section 86.

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