Page 471 - The Central Motor Vehicles Rules, 1989

RULE 188 THE CENTRAL MOTOR VEHICLES RULES, 1989 443

(7) The audit and assessment report, including surprise audit and assessment, as
specified in Form 67, along with the photographic evidence, shall be uploaded on the
electronic portal specified by the Central Government in this regard.
(8)(i) Where any discrepancy pointed out during the audit and assessment, the
same shall be rectified by the operator within ten working days from the
date of issuance of the audit and assessment report.
1
[(ii) The rectification report shall be submitted to the audit and assessment
agency for approval, and to the registering authority for information, within
such period as may be directed by the registering authority, through the
electronic portal specified by the Central Government.]
(iii) The Audit and Assessment agency, if it so desires, may undertake re-audit
and re-assessment for validation and approval.
185. Power of registering authority to suspend or cancel the Registration Certificate
or forfeit security deposit
After giving the holder of a Registration Certificate an opportunity of being heard,
185
if the registering authority is satisfied that he has,—
(i) failed to comply with the requirements as laid down in rules 176 to 179; or
(ii) failed to observe correct standards of testing, as noticed at the time of audit
and assessment; or
(iii) failed to conduct timely audit and assessment; or
(iv) Involved in any malpractice, it may, by order in writing to,—
(a) suspend the Registration Certificate for a specified period; or
(b) cancel the Registration Certificate and order forfeiture of the security
deposit and bank guarantee furnished by the automated testing sta-
tion.
186. Appeal
Any person aggrieved by an order of the registering authority under sub- rule (9)
186
of rule 175 or rule 185, may, within thirty days of the receipt of the order, appeal to any
officer above the rank of registering authority, as appointed by the State or Union
territory Government.
187. Procedure for appeal
187
(1) An appeal under rule 186 shall be submitted in the form of a memorandum,
setting forth the grounds of objections to the order of the registering authority.
(2) The appeal shall be submitted along with the requisite fee as specified in
rule 188.
(3) The officer referred to in rule 186, after giving an opportunity to the parties to
be heard and after such enquiry as he may deem necessary, pass reasoned orders within
a period of forty-five days from the date of receipt of such an appeal.
188. Fees
The fees charged under the provisions of this Chapter shall be as specified in the
188
following table, namely:—
1 Substituted vide GSR 797(E), dt. 31-10-2022, w.e.f. 1-11-2022. Prior to substitution, clause (ii) read as under:
“(ii) The rectification report shall be submitted through the electronic portal specified by the Central
Government in this regard to the audit and assessment agency for approval and registering authority for
information.”