Page 59 - The Motor Vehicles Act, 1988
P. 59
SECTION 56 THE MOTOR VEHICLES ACT, 1988 45
1
[(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.]
(3) Subject to the provisions of sub-section (4), certificate of fitness shall remain
effective for such period as may be prescribed by the Central Government having regard
to the objects of this Act.
(4) The prescribed authority may for reasons to be recorded in writing cancel a
certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer
complies with all the requirements of this Act and the rules made thereunder, and on
such cancellation the certificate of registration of the vehicle and any permit granted in
respect of the vehicle under Chapter V shall be deemed to be suspended until a new
certificate of fitness has been obtained:
2 [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.]
(5) A certificate of fitness issued under this Act shall, while it remains effective, be
valid throughout India.
3 [(6) All transport vehicles with a valid certificate of fitness issued under this section
shall carry, on their bodies, in a clear and visible manner such distinguishing mark as
may be prescribed by the Central Government.
(7) Subject to such conditions as the Central Government may prescribe, the
provisions of this section may be extended to non-transport vehicles.]
1 Substituted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide
SO 1433(E), dt. 31-3-2021. Prior to substitution, sub-section (2) read as under:
“(2) The “authorized testing station” referred to in sub-section (1) means a vehicle service station
or public or private garage which the State Government, having regard to the experience, training
and ability of the operator of such station or garage and the testing equipment and the testing
personnel therein, may specify in accordance with the rules made by the Central Government for
regulation and control of such station or garages.”
2 Substituted, ibid. Prior to substitution, proviso read as under:
“PROVIDED that no such cancellation shall be made by the prescribed authority unless such
prescribed authority holds such technical qualification as may be prescribed or where the prescribed
authority does not hold such technical qualification on the basis of the report of an officer having
such qualifications.”
3 Inserted, ibid.