Page 30 - The Motor Vehicles Act, 1988

(xxx) THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

1 22. Amendment of section 55
In section 55 of the principal Act, after sub-section (5), the following sub-section
shall be inserted, namely:—
“(5A) If any registering authority or other prescribed authority has reason
to believe that any motor vehicle within its jurisdiction has been used in the
commission of an offence punishable under section 199A, the authority may,
after giving the owner an opportunity of making a representation in writing,
cancel the certificate of registration of the vehicle for a period of one year:
PROVIDED that the owner of the motor vehicle may apply for fresh
registration in accordance with the provisions of section 40 and section 41.”.
2 23. Amendment of section 56
In section 56 of the principal Act,—
(i) in sub-section (1), after the proviso, the following proviso shall be inserted,
namely:—
“PROVIDED FURTHER that no certificate of fitness shall be granted
to a vehicle, after such date as may be notified by the Central Government,
unless such vehicle has been tested at an automated testing station.;.
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:—
“(2) The “authorised testing station” referred to in sub-section (1)
means any facility, including automated testing facilities, authorised by
the State Government, where fitness testing may be conducted in
accordance with the rules made by the Central Government for
recognition, regulation and control of such stations.”;
(iii) in sub-section (4), for the proviso, the following provisos shall be
substituted, namely:—
“PROVIDED that no such cancellation shall be made by the
prescribed authority unless,—
(a) such prescribed authority holds such technical qualification as
may be prescribed by the Central Government and where the
prescribed authority does not hold the technical qualification, such
cancellation is made on the basis of the report of an officer having
such qualification; and
(b) the reasons recorded in writing cancelling a certificate of fitness
are confirmed by an authorised testing station chosen by the owner
of the vehicle whose certificate of fitness is sought to be cancelled:
PROVIDED FURTHER that if the cancellation is confirmed by the
authorised testing station, the cost of undertaking the test shall be borne
by the owner of the vehicle being tested and in the alternative by the
prescribed authority.”;

1. Enforced w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Enforced w.e.f. 1-4-2021 vide SO 1433(E), dt. 31-3-2021.