Chapter - XII Miscellaneous

 

 

477. Refund of Fees :- Subject to the provisions of Rules 478 and 479 the Secretary, State Transport Authority or the Secretaries or Additional Secretaries of the Regional Transport Authorities as the case may be, may on application, sanction the refund of:

(i) the full fee paid; where the conductor’s Licence, the driving Licence or badge applied for is refused or the application for the conductor’s Licence, the driving Licence or badge is cancelled or withdrawn by the applicant before the conductor’s Licence, the driving Licence or badge, as the case may be, is actually issued and the transaction completed:-

(ii) the excess, where the amount paid is in excess, of the proper fee;

(iii) the full fee paid, where the fee was paid by mistake; and

(iv) the full fee paid, where the notification in respect of a route issued by a Transport Authority is subsequently withdrawn for technical reasons, or where the remittance of the fee is not followed by an application for the purpose for which the fee was paid.

478. No refund after inspection :- 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.

479. Time for application for refund :- (1) No refund of the fee shall e made if the application for such refund is not made within three months from the date of receipt by the applicant of the order rejecting the application in respect of which the fee is paid and if an appeal is preferred against such order, within three months from the date of receipt by the applicant of the order of the appellate authority rejecting the appeal;

Provided that, where the remittance of the fee is not followed by an application for the purpose for which the fee was paid, no refund or the fee shall be made, if the application for such refund is not made within one year from the date of the credit of the fee to the Government.

(2) No refund of fee paid by mistake shall be made if the application for such refund is not made within one year from the date of the credit of the fee to the Government.

480. Refund of appeal fee etc. :- The Deputy Transport Commissioner concerned or the Secretary, State Transport Authority, or the Secretary to the Government, the department dealing with Road Transport as the case may be, may on application sanction as refund of the fee paid under Rules 164 and 162(2) in case where the remittance of the fee is not followed by an appeal or a revision petition for which the fee was paid:

Provided that no refund of the fee shall be made if the application for such refund is not made within one year from the date of the credit of the fee.

481. Uniform for Regional Transport Officers, Assistant Transport Commissioner, Deputy Transport Commissioners, Inspector of Motor Vehicles and Assistant Inspector of Motor Vehicles:-

(a) The Uniform for Regional Transport Officer, Assistant Transport Commissioner and Deputy Transport Commissioner shall be as follows:-

(1) Regional Transport Officer :

(1) Navy Khaki forage cap with monogram APTS;
(2) Coat (open collar) Bush shirt with Trousers of Police pattern in Khaki;

(3) Tie and round woven whistle cord of light blue colour;

(4) Shoulder badge with monogram APTS;
(5) Cross belt of Police pattern of dark brown leather with silver fittings;

(6) Ashoka Stamba Emblem on the shoulder strap;
(7) Brown shoes (as in the case of Indian Army);
(8) Name badge with name and designation prominently exhibited on the front of the uniform.

(2) - - - - - - - - - - - Omitted

(3) Deputy Transport Commissioner:-

(1) Navy Khaki forage cap with monogram APTS;
(2) Coat (open collar) bush shirt or shirt with trousers of Police pattern in Khaki;

(3) Tie and round woven whistle cord of light blue colour;
(4) Shoulder badge with monogram APTS;
(5) Cross belt of Police Pattern of dark brown leather with sliver fittings;

(6) Ashoka Stamba emblem and one five pointed silver plated star on the shoulder strap;

(7) Brown shoes (as in the case of Indian Army);

(8) Name badge with name and designation prominently exhibited on the front of the uniforms.

(b) The Uniform for the Inspector of Motor Vehicles arid assistant Inspector of Motor Vehicles shall be as follows:-

(1) Navy khaki forage cap with monogram APTD;
(2) Coat (open collar), bush shirt or shirt with trousers of Police pattern in Khaki;

(3) The round woven whistle cord of light blue colour;

(4) Cross belt of Police pattern of dark brown leather with silver fittings;

(5) Silver plated buttons as illustrated below;

(6) Black shoes;

(7) Three five pointed stars for the Inspector of Motor Vehicles and two for the Assistant Inspector of Motor Vehicles (Star of Indian pattern, 25mm. In diameter). The stars should be slightly frosted but without any design in the centre as illustrated below, Shoulder badge with letters APTD in block letters as illustrated below will be worn at the base of the shoulder strap. The stars and letters will be of white metal;

(8) Name badge with name and designation prominently exhibited on the front of the uniforms.

482. Manner of payment of fee :- Payment of all amounts due under the Act and the rules shall be made by means of treasury receipts in Form TCH to the value for which payment is required unless otherwise provide in any particular case.

483. Transport Department – Establishing of :- A motor Vehicles department called the ‘Transport Department’ shall be established under Section 213 of the Act and the Transport Commissioner shall be the head of that Department. The Secretary of State Transport Authority, the Joint Transport Commissioners, the Deputy Transport Commissioners, the Assistant Transport Commissioners, the Secretaries, the Additional Secretaries, the Joint Secretaries and the Assistant Secretaries of the Regional Transport Authority, the Regional Transport Officer, the Inspector of Motor Vehicles, the Assistant Inspector of Motor Vehicles, the Officers functioning as licensing and registering authorities and all the other officers who may from time to time, be appointed for the aforesaid purpose shall be regarded as the officers of the Transport Department and shall exercise powers and perform the duties assigned to them, from time to time, under the Act and these rules. They shall carry out the instructions and order issued from time to time, by the Transport Commissioner.

484. (i) Agency to issue Pollution Under Control Certificate:- Every Registering Authority and Additional Registering Authority as defined under Rule 79 of the Telangana Motor Vehicles Rules, 1989 and any other Pollution Testing Stations authorized by the Licensing Authority shall be the agency to issue Pollution Under Control Certificate.

(ii) Validity of Pollution Under Control Certificate;- The period of validity of Pollution Under Control Certificate shall be six months from the date of issue.

(iii) Format of Pollution Under Control Certificate;- The format of Pollution Under Control Certificate in triplicate shall be in Form P.U.C

(iv) Format of Pollution Control Notice; The format of Pollution Control Notice shall be in Form P.C.N.

(V) Format of Pollution Testing Notice; - The format of Pollution Testing Notice shall be in Form P.T.N;

485. Fee for testing and issue of Pollution Under Control Certificate :- The following fee is payable in respect of Motor Vehicles for testing or for issue of Pollution Under Control Certificate.

CategoryFee
1. Petrol Two Wheelers..Rs.15-00
2. Petrol Three and Four Wheelers..Rs.25-00
3. Diesel any Category.. Rs.30-00

Where the smoke emissions are found to exceed specified limits on testing, the authorized agency shall direct the owner or driver of the vehicle to get the defects rectified, unless they are minor in nature so as to comply with the provisions by issuing a Notice in Form Pollution Testing Notice.

486. Pollution Testing Stations and Establishments :- (1) No person shall establish or maintain any Pollution testing station for testing emission levels of gases and smoke as specified under sub-rules (2), (3),(4) and (5) of Rule 115 of the Central Motor Vehicles Rules, 1989 for the purpose of issuing a Pollution Under Control Certificate unless he has obtained a Licence in Form L.T.S from the concerned licensing Authority.

(2) An application for the grant or renewal of a Licence shall be made in form L.T.S.A. or Form L.T.S., AR., as the case may be, to the concerned licensing authority.

(3) (i) The application for grant of Licence shall be accompanied by appropriate fee as specified in sub-rule (14).
(ii) The applicant shall deposit an amount of Rs.5,000.00 with the licensing authority as a security deposit along with the      application
(iii) The application for renewal of Licence shall be accompanied by appropriate fee as specified in sub-rule (14).

(4) The Licensing authority shall have regard to the following matters for consideration of an application for the grant or renewal of a Licence under this rule, namely:-

(i) The applicant is engaged in the business of maintenance and servicing of vehicles;

(ii) The applicant or any member of the staff employed by him for testing the vehicles shall be able to operate the gas analyser and smoke meter available with the testing station and rectify minor defects of the vehicles in this regard;

(iii) The premises where the testing is proposed to be conducted is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate infrastructure as required for carrying out the job.

(iv) The applicant is in possession of either minimum one smoke meter or one gas analyzer or both of the type approved under sub-rule (3) of Rule 116 of the Central Motor Vehicles Rules, 1989.

(v) The applicant is financially sound to maintain the pollution-testing centre.

(5) The Licensing Authority may on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements under sub-rule (3) grant or renew a Licence.

(6) No application for Licence shall be refused by the Licensing Authority; unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the Licensing Authority.

(7) Duration of Licence and Renewal thereof:- (1) A Licence granted in Form L.T.S shall be in force for a period of three years and may be renewed on an application made in Form L.T.S. AR to the Licensing Authority which granted the Licence not less than thirty days before the date of its expiry for a further period of three years.

(2) No application for renewal of the Licence shall be refused by the licensing authority unless the applicant is given reasons for such refusal in writing by the licensing authority.

(8) Issue of Duplicate Licence :- (1) If at any time a Licence granted under sub-rule (5) is lost or destroyed, the holder of the Licence shall forthwith intimate the loss to the licensing authority which granted the Licence and shall apply in writing to the said authority for a duplicate.

(2) On receipt of an application along with the appropriate fee as specified in sub-rule (14) the licensing authority shall issue a duplicate Licence clearly marked ‘Duplicate’.
(3) If after the issue of a duplicate Licence, original is found, the same shall be surrendered forthwith to the licensing authority, by which it was issued.

(9) Conditions to be observed by the Holder of Licence :- The holder of a Licence grated under sub-rule (5) shall,-

(a) maintain on an annual basis, a register indicating the vehicles tested for emission levels with the following details :

(i) Pollution Under Control Certificate Number :

(ii) the registration number, make, model and year of registration of the vehicle tested;

(iii) Gas/Smoke levels at the time of Inspection.

(b) submit monthly returns by fifth of the succeeding month to the licensing authority concerned furnishing information as to the number of vehicles inspected, results of the inspections and the number of Pollution Under Control Certificates issued enclosing duplicate copies;

(c) keep the premises open for inspection by any officer of and above the rank of Assistant Motor Vehicles Inspector of Transport Department and make available all the equipment and records maintained properly for inspection;

(d) rectify minor defects of the motor vehicle tested so as to comply with the provisions made under sub-rule (2) of Rule 115 of Central Motor Vehicles Rules, 1989;

(e) not charge fee more than the rates prescribed under Rule 485;

(f) not shift the testing station from the premises mentioned in the Licence without the prior approval in writing of the Licensing Authority which granted the Licence;

(g) not act in manner to mislead the owner / driver who submitted the motor vehicle for test;

(h) display the Licence in original issued by the Licensing Authority at a prominent place in the testing station;

(i) maintain Pollution Under Control Certificates in bound book containing 100 pages in triplicate, each serially numbered and each book shall be got authenticated by the concerned licensing authority.

(10) Power of the Licensing Authority to suspend or revoke Licence:- (i) The licensing authority may, by an order in writing, suspend or cancel the Licence granted under sub-rule (5) after giving the holder of the Licence an opportunity of being heard that he has:

(a) failed to comply with the requirements specified in sub-rule (4);
(b) failed to maintain the testing machine in good condition; or
(c) violated any other provisions of sub-rule (9);
(ii) Where the Licence is suspended or revoked under Clause (i), the Licence shall be surrendered to the licensing authority by the holder.
(iii) In addition to suspension or cancellation of the Licence under this sub-rule, the licensing authority may also forfeit the deposit in part or full paid under sub-rule (3)(ii).

(11) Licensing Authority :- Licensing Authority for issue of Licence to a Pollution testing station shall be the Secretary of the Regional Transport Authority of the region in which the testing station is situated.

(12) Procedure for Appeal :- (1) An appeal under sub-rule (13) shall be preferred in duplicate in the form of a memorandum setting out the grounds of objections of the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against and appropriate fee as specified in sub-rule (14).

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

(3) Appeal:- Any person aggrieved by an order of the licensing authority under sub-rule (6),(7) or (10) may appeal, where the Licensing Authority happens to be the R.T.O. to the Deputy Transport Commissioner and where the Licensing Authority happens to be the Deputy Transport Commissioner and where the Licensing Authority happens to be the Deputy Transport Commissioner or the Joint Transport Commissioner to the Additional Transport Commissioner, within thirty days from the date of receipt of the order appealed against.

(14) Fees:- The fees which shall be charged under this rule shall be as specified below:-

 Rs.
(1) In respect of issue of Licence to a pollution testing station
for testing vehicles
1,000.00
(2) In respect of renewal of Licence to pollution testing station
For testing vehicles
1,000.00
(3) In respect of issue of duplicate Licence to the testing
Station for testing vehicle
100.00

(4) In respect of appeal against the order of licensing authority
referred to in sub-rule (12)
200.00
 



 

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