Haryana Motor Vehicles (Fifth Amendment) Rules, 2022

 

[23rd November 2022]

In exercise of the powers conferred under Sub-section (1) read with Sub-section (2) of Section 65 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and with reference to the Haryana Government, Transport Department, notification No. 22/20/2022-3T(I), dated the 27th October, 2022, the Governor of Haryana hereby makes the following rules further to amend the Haryana Motor Vehicles Rules, 1993, namely:-

Rule - 1.

These rules may be called the Haryana Motor Vehicles (Fifth Amendment) Rules, 2022.

Rule - 2.

In the Haryana Motor Vehicles Rules, 1993 (hereinafter called the said rules), in rule 33, in sub-rule (1), in the second proviso, for the words and figure "first 100 digits", the words and figure "preferential registration marks specified in the table in rule 33B" shall be substituted.

Rule - 3.

In the said rules, for rule 33A, the following rules shall be substituted, namely:-

"33A. Assignment of registration marks to Motor Vehicles.-

(1)     Assignment of registration marks to Non Transport Vehicles may either be by e- auction or by random generation using a computer system.

(1)     Assignment of registration marks to Transport Vehicles may either be on first come first serve basis or by random generation using a computer system

(2)     All registration marks assigned by random generation by a computer system shall be called as "ordinary registration marks".

(3)     All registration marks that are specified in tables in rule 33B and 33C shall be called as "preferential registration marks".

(4)     All registration marks that are specified in sub-rule (2) of rule 33B shall be called as "choice registration marks".

33B. Assignment of Preferential Registration Marks for Non-Transport Vehicles by e- Auction

(1)     The following preferential registration marks shall be assigned to the motor vehicles by the Registering Authority, through e-auction, on or above the reserve price, as mentioned in the following table, namely:-

(2)     Assignment of choice registration marks for non-transport vehicles by e- auction.- If any person wishes to choose any registration mark for assignment to a vehicle owned by him, from among the unassigned registration marks that is not a "preferential registration mark", he can indicate his choice on the designated portal. Such a registration mark shall then be removed from the pool of registration marks for random generation by a computer system and would be added to the pool of registration marks for e-auction. The reserve price for such choice registration marks shall be Rs. 20,000/-.

33C. Assignment of preferential registration marks for transport vehicles on first come first serve basis

The following preferential registration marks shall be assigned to the motor vehicles by the Registering Authority, on first come first serve basis, on payment of additional fee by the owners of the motor vehicles, as mentioned in the following table:

33D. E-auction of registration marks for non-transport vehicles

(1)     There shall be a designated portal for e-auction of registration marks.

(2)     Pool of registration marks:- E-auction of registration marks shall be carried out from registration marks in the pool consisting of:

(a)      all the "preferential registration marks",

(b)      all the "choice registration marks".

(3)     Not more than two similar "preferential registration marks" having the same last four digits shall be included in the pool of registration marks in one e-auction bidding cycle. For example, not more than two marks having last four digits of "0001" shall be included.

(4)     The pool of preferential registration marks offered for e-auction, along with the reserve price for each, shall be displayed on the designated portal for the information of all bidders.

(5)     Registration of bidders: Every bidder shall have to register on the designated portal to participate in the e-auction process. A bidder can register on the designated portal at any time.

(6)     Registration requirements:- A bidder shall be required to furnish the following particulars for registration, namely:-

(i)       Name, Fathers name and complete address.

(ii)      Mobile phone number and e-mail id for receiving communication regarding the e-Auction.

(iii)     Parivar Pehchan Patra (PPP) ID for individuals and Haryana Udhyam Memorandum (HUM) ID Mark for business enterprises.

(iv)    Bank Account Details with IFSC code.

(v)      Any other relevant information that may be asked for.

(7)     A Unique Identification Number:- A unique identification number shall be assigned to each bidder on successful completion of the registration which shall be communicated to the bidder on the registered mobile number or email id or both.

(8)     Time period for assigning registration mark:- It shall not be a requirement for any bidder to have a motor vehicle to be eligible for registration in his name prior to participation in the e-auction. However, upon successfully having won a registration mark in an e-auction bid, the bidder shall have to get the registration mark assigned to an eligible motor vehicle within ninety days, failing which the allotment of his registration mark shall be automatically cancelled. In case of such a cancellation no refund shall be given to the bidder.

(9)     Application fee:- Each bidder shall submit a non-refundable application fee for participating in each eauction. The fee shall be Rs. 1000/- for preferential registration marks with a reserve price of Rs. 50,000/- and above, and Rs. 500/- for all the other registration marks. The application fee shall however be refunded in case the e-auction is not held or cancelled due to any reason.

(10)   Bid security:- Each bidder shall be required to deposit a bid security amount equal to 20% of the reserve price mentioned in sub-rule (2) of rule 33B for each preferential mark for which he wants to bid. In case the bidder wants to bid for more than one preferential mark he shall deposit separate bid security amount for each such registration mark. No bidder shall be allowed to participate in the bidding process unless the application fee and bid security amount has been deposited by him.

(11)   Bidding process.-

(i)       Bidding process shall be completed in weekly cycles.

(ii)      Each weekly bidding cycle shall commence on every Friday at 1200 hours and end on every Thursday at 1700 hours.

(iii)     The pool of registration marks, along with the reserve price for each, that are offered in e-auction in the bidding cycle shall be displayed on the designated portal on commencement of every bidding cycle on Friday at 1200 hours.

(iv)    Bidding shall commence on Monday at 0900 hours.

(v)      Bidding shall end on Wednesday at 1700 hours.

(vi)    The results of each bidding cycle shall be displayed on the designated portal and communicated to all the participating bidders within twenty-four hours of the end of the bidding on the registered mobile number or through e-mail or both.

(vii)   The bid amount in e-auction shall increment in the multiples of Rs. 1000/- only.

(viii)  The registration mark shall be allotted to the highest bidder for each registration mark as prescribed herein.

(ix)    A minimum number of three bidders shall be required for bidding process to be successful for allotment of any registration mark out of "preferential registration marks" mentioned at table in rule 33B. In case the minimum requirement of three bidders is not met then the bidding for that preferential registration mark shall not be considered completed in that bidding cycle. Any bidder who has participated in the bidding, his bid shall be carried forward to the next bidding cycle. If the bidding process for any preferential registration mark is not considered completed in three consecutive bidding cycles, on account of lack of minimum number of bidders, then the preferential registration mark shall be awarded to the highest bidder out of the three bidding cycles.

(x)      For allotment of "choice registration marks" mentioned in sub-rule (2) of rule 33B there is no requirement of minimum number of bidders in a bidding cycle. Such registration marks may be allotted to the highest bidder after one bidding cycle.

(xi)    In case of cancellation of any e-auction bid due to any reason, the application fees as well as the bid security deposited by each bidder shall be refunded.

(xii)   A successful bidder shall be required to deposit the balance amount of his successful bid amount within five calendar days from the time of end of the bidding cycle, failing which the e-auction of that registration mark shall be treated as cancelled and his Bid Security shall be forfeited. Such a registration mark shall be made available for bidding in the next bidding cycle, after the eauction of that registration mark is treated as cancelled. In case the payment after a successful bid is not reflected in the bank account of the Transport Department due to any technical reason but is deducted from the bank account of the successful bidder then the Transport Department shall not be responsible for the same. The deposited amount, if received after the cancellation of the bid shall however be refunded by the Department within fifteen days of receipt.

(xiii)  All payments by bidders shall be made electronically into the bank account of the Transport Department or State Government as may be indicated on the designated portal.

(xiv)  All refunds by the Transport Department shall be made electronically into the bank accounts of the registered bidders as per the details submitted by them on the designated portal.

(12)   Assignment of registration marks.- The assignment letter of each registration mark awarded to successful bidders in the e-auction process shall be generated automatically within seven calendar days, after receipt of full bid amount. Assignment of the registration mark shall be done by the Registering Authority of the concerned series as per applicable rules.

(13)   Refund of bid security.- The bid security deposited shall be refunded to all unsuccessful bidders within fifteen calendar days from end of their respective bidding cycle, unless the bid security is carried forward to the next bidding cycle as provide for in clause (ix) of sub-rule (11) of rule 33D.

(14)   Interest liability. The Transport Department shall not be liable to pay any interest on the application fees or bid security amount deposited by the bidders.

(15)   Cancellation of e-auction.- The Transport Commissioner, Haryana shall have the right to reschedule or cancel the e-auction bid process at any stage without assigning any reason. In the event of such cancellation, refunds to bidders shall be made as provided herein.

(16)   Administration of e-auction process.- The Transport Commissioner shall administer the entire process of e-auction, as prescribed herein.

33E. Conditions of transfer and retention of Registration marks

(1)     Before disposing any motor vehicle owned by Government of Haryana or its entities like Departments/Boards/Corporations etc. bearing a registration mark of "GV" series or a preferential registration mark as defined in tables in rule 33B and 33C, by sale or otherwise, the registration mark shall be surrendered to the Transport Department and an alternate registration mark shall be assigned to such vehicle.

(2)     If any person holding any registration mark desires to change the same to any preferential registration mark or choice registration mark or ordinary registration mark, then he can do so by following the procedure prescribed herein, for such registration mark. He shall have to pay a sum of Rs. 2000/- only as fees for each such transfer, in addition to any other fees or bid amount prescribed for such registration mark.

(3)     If any person holding any preferential registration mark or choice registration mark or ordinary registration mark wants to transfer such a mark in his own name or in the name of his family members, then he shall have to pay a sum of Rs. 2000/- only as fees for each such transfer. For the purpose of this rule, family will include only the members of the family under a single Parivar Pehchan Patra ID as defined by the Haryana Parivar Pehchan Patra Act, 2021 (20 of 2021). In case of motor vehicle registered in the names of organisations, firms or companies then these can be transferred only on the same name.

(4)     If any person holding any preferential registration mark or choice registration mark or ordinary registration mark wants to retain such a mark in his own name, without allocation on any motor vehicle, for any reason, then the concerned Registering Authority shall allow such retention for a period up to 180 days. However, after the expiry of 180 days, the retained mark shall stand transferred to the Transport Department for allocation to any other motor vehicle as provided for in the rules.

33F. Change or withdrawal of Registration marks.-

The State Government shall have the power to withdraw any registration mark allotted to any vehicle owned by the Government of Haryana or its entities like Departments/Boards/Corporations etc. and assign an alternate registration mark to such vehicle.

33G. Reserving particular series for a class of vehicles:-

The State Government may reserve a particular series of registration marks or selected numbers of registration marks of any series at any time, for a particular class or category of vehicles through a notification in the Official Gazette."