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.
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