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Himachal Pradesh Motor Vehicles (Second Amendment) Rules, 2023

Himachal Pradesh Motor Vehicles (Second Amendment) Rules, 2023

Himachal Pradesh Motor Vehicles (Second Amendment) Rules, 2023

[10th November 2023]

Whereas, vide this Department notification of even number dated 27th June, 2023, the draft Himachal Pradesh Motor Vehicles (Second Amendment) Rules, 2023 were notified and published in the Rajpatra (e-Gazette), Himachal Pradesh dated 03 July, 2023, for inviting objection(s) or suggestion(s) from the person(s) likely to be affected thereby as required under sub-section (1) of Section 212 of the Motor Vehicles Act, 1988 (Act No 59 of 1988);

And, whereas, two objection(s) or suggestion(s) were received in this behalf within the stipulated period, which were duly considered and rejected;

Now, therefore, in exercise of the powers conferred by section 211 read with sub-section (2) of Section 212 of the Act ibid, the Governor, Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Motor Vehicles Rules, 1999, notified vide this department's Notification No. 5-14/88-TPT-Part-III, dated 12th July, 1999 and published in the Rajpatra (Extra Ordinary), Himachal Pradesh dated 27th of July, 1999, namely:-

Rule - 1. Short title and commencement

(1)     These rules may be called the Himachal Pradesh Motor Vehicles (Second Amendment) Rules, 2023.

(2)     These rules shall come into force from the date of publication in Rajpatra (eGazette), Himachal Pradesh.

Rule - 2. Substitution of rule 69-B

For rule 69-B of the Himachal Pradesh Motor Vehicles Rules, 1999, the following shall be substituted, namely:-

"69-B Special Registration Fee for allotment of registration marks.-

(1)     Allotment of Special Registration Marks and Fee thereof,-

(1)     (a) The Registering Authority shall charge onetime Special Registration Fee (SRF) for allotment of a Special Registration Mark (SRM) to a motor vehicle, in addition to the registration fee, prescribed under rule-81 of the Central Motor Vehicles Rules, 1989, in the State. In each registration series, the mode of allotment of Special Registration Mark (SRM) and rate of Special Registration Fee (SRF) shall be governed by the category of special registration mark as tabulated below:- 

 

 

Category of Special Registration Mark

 

Special Registration Marks

 

Special Registration Fee (In Rs.)

 

Mode of allotment




 

1

 

2

 

3

 

4




 

A

 

0001

 

5,00,000

 

e-auction system




 

B

 

0002-0010

 

75,000 (Minimum)

 

e-auction system




 

C

 

0011-0100

 

50,000 (Minimum)

 

e-auction system




 

D (i)

 

0101, 0111, 0123, 0200, 0202, 0222, 0234, 0251, 0300, 0303, 0333, 0345, 0400, 0404, 0444, 0456, 0500, 0501, 0505, 0555, 0567, 0600, 0606, 0666, 0678, 0700, 0707, 0777, 0786, 0789, 0800, 0808, 0888, 0900, 0909, 0999, 1000, 1111, 2000, 2222, 3000, 3333, 4000, 4444, 5000, 5555, 6000, 6666, 7000, 7777, 8000, 8888, 9000, 9999.

 

15,000 (Minimum)

 

e-auction system




 

D (ii)

 

1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2100, 2200, 2300, 2400, 2500, 2600, 2700, 2800, 2900, 3100, 3200, 3300, 3400, 3500, 3600, 3700, 3800, 3900, 4100, 4200, 4300, 4400, 4500, 4600, 4700, 4800, 4900, 5100, 5200, 5300, 5400, 5500, 5600, 5700, 5800, 5900, 6100, 6200, 6300, 6400, 6500, 6600, 6700, 6800, 6900, 7100, 7200, 7300, 7400, 7500, 7600, 7700, 7800, 7900, 8100, 8200, 8300, 8400, 8500, 8600, 8700, 8800, 8900, 9100, 9200, 9300, 9400, 9500, 9600, 9700, 9800, 9900, 1001, 1010, 1011, 1112, 1212, 1234, 1313, 1414, 1515, 1616, 1717, 1818, 1919, 2001, 2020, 2121, 2323, 2345, 2424, 2525, 2626, 2727, 2828, 2929, 3030, 3031, 3131, 3232, 3434, 3456, 3535, 3636, 3737, 3838, 3939, 4040, 4141, 4242, 4343, 4545, 4567, 4646, 4747, 4848, 4949, 5001, 5050, 5151, 5252, 5353, 5454, 5656, 5678, 5757, 5858, 5959, 6060, 6061, 6161, 6262, 6363, 6464, 6565, 6767, 6789, 6868, 6969, 7070, 7171, 7272, 7373, 7474, 7575, 7676, 7878, 7979, 8080, 8081, 8181, 8282, 8383, 8484, 8585, 8686, 8787, 8989, 9090, 9091, 9191, 9292, 9393, 9494, 9595, 9696, 9797, 9898.

 

10,000 (Minimum)

 

e-auction system




(b) Allotment of registration marks above 0100 other than those as mentioned under clause (a) shall be after charging the Special Registration Fee (SRF) of Rs. 5000/- (Five Thousand) only if registration mark is allotted by jumping the random order of ten registration numbers of existing primary series (one from which registration marks are being allotted in random order of ten registration numbers) or from any of the additional registration series by the concerned registering authority:

Provided that,-

(i)       Maximum Ten Registration Marks of 0001 shall be kept reserved for the allotment of General Administration Department vehicles in HP 07 series at any given point of time;

(ii)      the General Administration Department shall be exempted from the payment of Special Registration Fee (SRF);

(iii)     any registration mark allotted under this sub-rule or corresponding extant rules on payment of Special Registration Fee, shall be termed as Special Registration Mark (SRM);

(iv)    the registration marks specified under clause (b) shall be totally paid marks and allotted on first come first serve basis. However, in case of first come first serve basis where more than one application is received for a particular number, the same shall be allotted by draw of lots;

(v)      for the purpose of special registration marks specified under clause (b), the random order shall start from registration marks 0101 onwards; and

(vi)    in case any motor vehicle meets with an accident and is a total loss duly certified by the insurance company, the owner of the said vehicle shall not be required to pay the Special Registration Fee (SRF) for the same registration number for a new vehicle in the same name in whose name the earlier vehicle was registered.

(2)     Retention of Registration Mark.-

(a)      The owner of the vehicle on which Registration Mark has been allotted shall be entitled to retain the said mark and get it affixed on new vehicle owned by him upon sale or scrapping of the old vehicle. He shall first apply to the Registering Authority to allot the said Registration Mark to the new vehicle purchased by him. During such allotment, the old vehicle shall be allotted a new number in accordance with the provisions of these rules and registering authority shall also ensure that no vehicle or its record remains without a registration mark at any time.

(b)      In case of sale/condemnation/scrapping of vehicle, the owner shall be entitled to retain the said mark for a period of 180 days from the date of surrender/ vacation of the registration number. The period can be further extended upto 180 days on written request of previous owner after payment of fee of Rs. 2500/- for first 90 days and Rs. 3000/- for next 90 days:

Provided that,-

(i)       the provisions of this sub-rule shall not apply to any vehicle owned by Government;

(ii)      the Registering Authority shall, after allotting the said registration mark to the previous owner, ensure that a new registration mark, in the random order, from the existing primary series is allotted to the vehicle from which the registration mark is being taken off or allot the Special Registration Mark (SRM) to vehicle after payment of Specified Special Registration Fee under subrule (1) and shall also ensure that no vehicle or its record remains without a registration mark at any time; and

(iii)     if a particular registration mark (SRM or otherwise) belongs to a Government owned vehicle which is disposed of by the Government agency, the said registration mark shall be retained for indefinite period by the Registration Authority for re-allotment to the same Government agency without charging any fee and new registration mark shall be allotted in random order of ten registration numbers from the existing primary series or allot the Special Registration Marks to vehicle after payment of specified Special Registration Fee under clauses (a) and (b) of sub-rule (1) of this rule to the vehicle from which the particular registration mark is being taken off".

(iv)    In case a Special registration mark (SRM) belongs to an individual or organization (SRM obtained through e-auction) owned vehicle which is disposed off, the said registration mark shall be retained only by the bidder for a period as mentioned in this sub-rule, otherwise the same shall be available with the Registration Authority for re-allotment and new registration mark shall be allotted as per procedure mentioned in clause (iii). In case of death of the bidder, the said registration mark shall be retained by legal heir for a period as mentioned in this sub-rule.

(3)     Re-assignment of Special registration mark (SRM) to vehicles registered within State.- The vehicle of the owner to which Himachal Pradesh registration mark has been allotted shall be entitled to get the said mark replaced by SRM as provided in rule 69-(A) obtained through e-auction/bidding process provided that-

(i)       the vehicle is not subject to an agreement of hire-purchase/ lease/hypothecation;

(ii)      the vehicle is not involved in any criminal proceedings as certified by National Crime Records Bureau/State Crime Records Bureau report;

(iii)     the vehicle is subject to clearance of all dues and taxes;

(iv)    the existing number against which the new number has been obtained through e-auction/bidding process can be retained by the owner for the period as mentioned in sub-rule (2) of rule 69-B and get it affixed on new vehicle owned by him or frozen by the concerned Registering and Licensing Authority."