Central Motor Vehicles (Amendment) Rules, 2022

[4th March, 2022]

G.S.R. 175(E).?The following draft of certain rules, which the Central Government proposes to make in exercise of the powers conferred by sub-section (4) of section 59 and clause (nc) of section 64 of the Motor Vehicles Act, 1988 (59 of 1988) is hereby published as required by sub-section (1) of section 212 of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of 30 days from the date on which the copies of this notification as published in the Gazette of India, are made available to the public.

Objections and suggestions to these draft rules, if any, may be sent to the Joint Secretary (MVL, Transport & Toll), Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001 or on the email: comments-morth@gov. in;

Rule - 1. Short title and commencement.

(1)     These rules may be called as the Central Motor Vehicles (Amendment) Rules, 2022.

(2)     These rules shall come into force on the date of their final publication in the Official Gazette.

Rule - 2 .

In the Central Motor Vehicles Rules, 1989 (hereinafter referred to as the said rules), after rule 58, the following rule shall be inserted, namely: -

"58A No dues for vehicle scrapping ?

(1)     An electronic application by the owner of a motor vehicle through the registered vehicle scrapping facility (facilitation centre), for the grant of "no dues" for vehicle scrapping, shall be made on Vahan portal as prescribed under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, in Form 28A to any registering authority of the state in which the vehicle is currently registered.

(2)     On receipt of an application under sub-rule (1), the registering authority subject to no pendency of any tax, challan, criminal case, accidental case on vehicle and if vehicle is not held under hire-purchase/ hypothecation/ lease agreement, shall grant "no dues" for vehicle scrapping electronically in Form 28B, within six days of submission of application on the portal, failing which the application shall be deemed to be approved and "no dues" for vehicle scrapping shall be deemed to be granted through the portal.

(3)     "No dues" for vehicle scrapping shall be valid up to 30 days from the date of its issuance.

(4)     Vehicle owner shall be held responsible for any incident regarding such vehicle till the date of issue of Certificate of deposit.

(5)     In case the registering authority rejects the said application, it shall provide the vehicle owner with specific reasons for the same and further course of action."

Rule - 3.

In the said rules, after rule 52A, the following clause shall be inserted, namely: -

"52B Voluntary cancellation of certificate of registration ?

(1)     An electronic application by the registered vehicle scrapping facility, for the cancellation of certificate of registration, shall be made on the portal to any registering authority of the state in which the vehicle is currently registered, in Form 25A, accompanied by "no dues" for vehicle scrapping and the Certificate of Deposit issued in Form 2 under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.

(2)     On receipt of an application under sub-rule (1), the registering authority after verifying the certificate of deposit and "no dues" for vehicle scrapping on the portal, shall cancel the certificate of registration within seven days of submission of application on the portal, failing which the application shall be deemed to be approved.

(3)     Cancellation of registration shall be reflected on the portal in real time and shall be auto updated in the national register of motor vehicles.

(4)     Registered vehicle scrapping facility will send the physical copy of registration certificate along with Certificate of Vehicle Scrapping issued in Form 4 under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 to any registering authority of the state in which vehicle is registered, within 30 days of generation of Certificate of Vehicle Scrapping."

Rule - 4.

In the said rules, after Form 25, the following form shall be inserted, namely:-

"FORM 25A

[See rule 52B]

APPLICATION FOR CANCELLATION OF CERTIFICATE OF REGISTRATION OF A MOTOR VEHICLE

To

The Registering Authority,

I/we hereby apply for the cancellation of certificate of registration the particulars of which are as follows:

 

Authorised Signatory

(Digital/ e signature)

Date:????? ??

Address????.

Rule - 5.

In the said rules, after Form 28, the following forms shall be inserted, namely: -

"FORM 28A

[See rule 58A (1)]

APPLICATION FOR THE GRANT OF NO DUES FOR VEHICLE SCRAPPING

To

The Registering Authority,

I intend to scrap my vehicle and, therefore request for the grant of "no dues" for vehicle scrapping. The particulars of the vehicle I intend to scrap are as follows:

1	Name of registered owner	?
2	Address of registered owner	?
3	Mobile number of registered owner	?
4	Email of registered owner.	?
5	Vehicle registration number	?
6	Class of vehicle	?
7	Chassis No	?
8	Engine number or motor number n the case of Battery-operated Vehicles	?
9	Name of the RVSF to whom vehicle is to be handed over for scrapping	?
10	Unique ID of RVSF in Vahan portal	?
11	Place of RVSF/ designated collection centre	?
12	Email of RVSF	?

 

Date:?????? ??

Signature/digital signature/

e-signature of registering authority"

FORM 28B

 

[See rule 58A (2)]

 

THE GRANT OF NO DUES FOR VEHICLE SCRAPPING

 

 

Date: ??

Signature/digital signature/

e-s gnature of registering authority".