MOTOR
VEHICLES (REGISTRATION AND FUNCTIONS OF VEHICLE SCRAPPING FACILITY AMENDMENT)
RULES, 2022
PREAMBLE
The following draft of
certain rules, further to amend the Central Motor Vehicles Rules, 1989, which
the Central Government proposes to make in exercise of the powers conferred by
sub-section (4) of section 59 and clause (p) 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 expiry of a period of thirty days from the date
on which the copies of this notification as published in the Official Gazette
are made available to the public;
Objections or suggestions,
if any, may be sent to the Joint Secretary (Transport), Ministry of Road
Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110001
or by email at <comments-morth@gov.in> within the period specified above;
Objections or suggestions
which may be received from any person with respect to the said draft rules
before the expiry of the period aforesaid will be considered by the Central
Government.
Rule 1 - Short title and commencement
(1) These
rules may be called the Motor Vehicles (Registration and Functions of Vehicle
Scrapping Facility Amendment) Rules, 2022.
(2) These
rules shall come into force on the date of final publication in the Official
Gazette.
Rule 2 -
In the
Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility)
Rules, 2021, (hereinafter referred as said rules), in rule 3 sub-rule (1) for
clause (c), the following shall be substituted, namely:-
'"Certificate
of Deposit' means the certificate issued by the Registered Vehicle Scrapping
Facility (RVSF) to recognise the submission of the vehicle from the registered
owner to the RVSF for further treatment."
Rule 3
In rule
4 for sub-rule (2), the following shall be substituted, namely:-
"The
Registered Vehicle Scrapping Facility must have necessary cyber security
certifications for the IT Systems before start of operation for safe access to
the VAHAN database."
Rule 4
In rule
4 sub-rule (3), the following words, "as well as with the local
Police" shall be omitted
Rule 5
In rule
5 for sub rule (h) clause (i), the following shall be substituted, namely:-
"The
entity shall have necessary cyber security certifications specified under
sub-rule (2) of rule 4 before start of operation"
Rule 6
In rule
6, sub rule (1) clause (ii), the following words, "plus ninety days"
shall be omitted
Rule 7
In rule
7, for sub-rule (5), the following shall be substituted, namely:-
"The
registration issued under this rule and rule 6 shall not be transferable"
Rule 8
For
rule 10 and the entries relating thereto, the following shall be substituted,
namely:-
"Scrapping
Procedure:-(1) The scrapping of vehicles shall be carried out by an RVSF in
respect of all End-of-Life Vehicles, by the following procedure, namely:-
(a) The
registered owner shall apply digitally on Vahan as per Form-2 to the RVSF or
the designated Collection Centre for deposit and further treatment of the
vehicle. The RVSF and the designated Collection Centre shall also act as
facilitation centres to support citizens with digital application of Form-2.
(b) Vehicles
impounded by an enforcement agency shall be handed over to the RVSF, if they
meet the criteria for vehicle scrapping as per rule (8).
(c) The
RVSF shall verify the records of the vehicles produced for scrapping with the
database of the stolen vehicles held by National Crime Records Bureau through
the Vahan portal.
(d) The
Registered Vehicle Scrapping Facility shall also digitally verify through the
Vahan portal-
(a) that
the hire-purchase, lease or hypothecation agreement in the certificate of
registration of a motor vehicle required under sub-section (1) of section 51 of
the Act has been duly discharged for the concerned vehicle,
(b) that
there are no pending dues on the vehicle, and
(c) that
the vehicle has not been blacklisted
If the
vehicle fails any of these checks, the owner shall not be allowed to submit the
digital application as per Form-2.
(e) The
following documents shall be uploaded along with Form-2 by the registered owner
for verification by the RVSF-
(i) copy of
the Permanent Account Number card of the owner;
(ii) cancelled
cheque of the bank account of the owner;
(iii) letter
of authorization on stamp paper for the authorized representative as per para 5
of Form-2, applicable if the vehicle is not to be submitted by the owner
(iv) identity
proof of the authorized representative (if applicable) such as passport, voter
card, Aadhar card, driving license or photo identity card issued by the State
Government or the Central Government;
(v) address
proof of the owner such as electricity bill, water bill, land line telephone
bill or piped cooking gas bill etc.; and
(vi) f
digital photograph of the owner or authorized representative with the
End-of-Life Vehicle
(vii) an
undertaking, as per para 4 of Form-2 from the owner acknowledging that all
information furnished in digital Form-2 application is true as per his
knowledge
(f) Once
the digital application as per Form-2 is submitted on Vahan, it shall be sent
digitally to the regional transport office for no dues for vehicle scrapping as
per rule 58A of CMVR.
(g) On
receiving the no dues for vehicle scrapping from the regional transport office,
the RVSF shall accept the digital application as per Form-2 and inform the
owner to submit the vehicle for scrapping. If the no dues for vehicle scrapping
is not provided by the regional transport office, the RVSF cannot accept the
application for scrapping.
(h) The
owner or his authorized representative shall submit the vehicle along with the
original certificate of registration to the RVSF and sign a digital undertaking
as per Form-2A. The RVSF shall also sign a digital undertaking as per Form-2B.
In case of no action by the vehicle owner after acceptance of digital
application as per Form-2 by the RVSF, the application shall expire along with
the no dues for vehicle scrapping as per Rule 5
8A of CMVR.
(i) The
RVSF shall digitally remit or pay by an account payee cheque, the agreed
consideration for the vehicle and obtain a receipt for the same from the
owner or his authorized representative for record.
(j) The
RVSF shall deface or punch the certificate of registration in the presence of
the owner or his authorized representative and issue a digitally signed
Certificate of Deposit in Vahan, as per Form 2C, as evidence of acceptance of
vehicle for scrapping.
(k) The
RVSF established in a State may accept and scrap the vehicles registered in any
of the State or Union Territory under the jurisdiction of any Registration
Authority.
(l) The
whole process shall be seamlessly linked with VAHAN on pan India basis
irrespective of the location of any vehicle registering authority.
(m) The
Certificate of Deposit shall be a necessary and sufficient document for the
owner to avail incentives and benefits for purchase of a new vehicle as may be
declared from time to time. The validity of this certificate shall be 2 years
from the date of issuance.
(n) The
Certificate of Deposit shall be electronically tradeable. The transfer
Certificate of Deposit shall be generated on the trading platform for each new
owner as per Form 2D. The Certificate of Deposit once utilised shall be marked
"Cancelled" in the Vahan database by the regional transport office or
dealer providing the benefits to the bearer of the said certificate.
(o) The
regional transport office/dealer registering the new vehicle purchased against
the Certificate of Deposit shall verify and authenticate the Certificate
of Deposit digitally.
(p) The
RVSF shall facilitate the process of transmission of original certificate of
registration (defaced or punched) along with Certificate of Vehicle Scrapping
to road transport or regional transport office, in the state of registration of
the vehicle, to get the vehicle registration cancelled as per rule 52B of CMVR.
(q) The
RVSF shall have the cut piece of the chassis number in safe custody for a
period of six months from the date of issue of Certificate of Vehicle Scrapping
issued under rule 11.
(r) The
RVSF shall maintain digital scanned copy of all documents for a period of ten
years for record and examination during inspection.
(s) The
RVSF shall ensure that removal or re-cycling or disposal of hazardous parts of
the scrapped vehicle is done as per CPCB guidelines for Environmentally Sound
Management of End-of-Live Vehicles and AIS-129.
(t) Vehicles
shall not be scrapped until the fuel, oil, antifreeze, and other gases, fluids
etc. are drained and collected in certified standard containers.
(u) A
digital register of vehicles scrapped shall be maintained in Form-3."
Rule 9
In rule
11 sub-rule 1, the following shall be substituted, namely:-
"The
RVSF, after completing the necessary treatment, shall issue a digital
Certificate of Vehicle Scrapping including a digital photograph of the cut out
of the chassis, in Form-4 to update the VAHAN Database and inform the competent
authority of the State Government or Union territory Government for updating of
records as per rule 52B of CMVR."
Rule 10
In rule
13 sub-rule 12, the following shall be substituted, namely:-
"Collection
centre may be established by an RVSF at any other place as well, other than the
Scrapping Yard. If collection centre undertakes activities such as depollution
and dismantling, then the requirements applicable for RVSF shall also be
applicable to such collection centre"
Rule 11
Form-1
shall be substituted with the following, namely:-
"FORM-1
[Refer rule 6(1)]
APPLICATION FOR REGISTERED VEHICLE SCRAPPING FACILITY (RVSF)
"FORM-1
[Refer rule 6(1)]
1.
FOR OFFICE USE
|
Application for
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Please tick as applicable
|
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Registration for a new RVSF
|
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Renewal of Registration for existing
RVSF
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Modification in existing registration
|
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APPLICATION NO.
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APPLICATION DATE
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DATE
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FEE
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SECURITY DEPOSIT
|
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2.
GENERAL INFORMATION
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i
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Name
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ii
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Short name (max 35 chars)
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iii
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Address
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iv
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Tel
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v
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FAX
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vi
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Email
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vii
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CIN
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viii
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PAN
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ix
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GST
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x
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Status
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Company
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Firm
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Trust
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Society
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Proprietor
|
Govt.
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JV
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PPP
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xi
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Attach
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MoA
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AoA
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xii
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Existing Activities of the Company
(National Industrial Classification Code)
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3.
PLANT DETAILS
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a
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Location (Provide Map)
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b
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Area (sq m)
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c
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Possession Details
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Owned
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Lease/Period
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Years
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d
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State
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e
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District
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f
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Category of industrial zone
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4. Proposed Activities of the Company
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L Vehicles Yes
|
No
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Capacity
|
Nos.
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M Vehicles Yes
|
No
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Capacity
|
nos.
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N Vehicles Yes
|
No
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Capacity
|
nos.
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Other
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Yes
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No
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Capacity
|
Nos.
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5. Proposed Capital Structure (INR
Lakh)
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Authorized
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Subscribed
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Paid-Up
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6. Proposed No. of Employees
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7.
Availability of Space
|
a
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Plant Design and Layout, showing
following spaces and areas (sqm):-
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b
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Earmarked area for the safe and
environmentally compliant parking of waste vehicles (sqm)
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c
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Designated areas for storing the
segregated scrap (sqm)
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d
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Space for processed scrap and usable
parts (sqm)
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e
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Designated space for temporary
storage of automotive hazardous waste (sqm)
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f
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Provision of space for parking of
safe transportation of spares, scrap and waste products (sqm)
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8.
Availability of Equipment
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a
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Certified de-polluting equipment
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Yes
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No
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b
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Certified de-risking equipment
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Yes
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No
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c
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Safety and occupational health
equipment
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Yes
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No
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9.
Environmental Clearance
|
a
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Consent to Establish
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b
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Consent to Operate
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10.
Undertaking
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The Applicant hereby undertakes to
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a
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Comply with CPCB Guidelines for the
Safe Disposal of scrapped vehicles
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Yes
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No
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b
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Obtain the Quality Certifications
within 12 Months of Issue of Registration
|
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i
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ISO 9001
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Yes
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No
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ii
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ISO 14001
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Yes
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No
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iii
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ISO 45001
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Yes
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No
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c
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Comply with the Hazardous Waste
Management Rules (2016)
|
Yes
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No
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d
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Security certifications for the IT
Systems for safe access to VAHAN database
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Yes
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No
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Digital Signature/Company Seal in
case on offline form
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Date?
Rule 12
For
Form-1A, entry 12 shall be substituted with the following, namely:-
|
?12.
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CONDITIONS
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a
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Registration is Non-Transferable
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b
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Undertaking are to be liquidated by
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Date
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c
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Submit Compliance Self-Certification
by
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Date
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d
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Facility Inspection Due
|
Date
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e
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First Test Audit Due
|
Date
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f
|
Security certifications for the IT
Systems for safe access to VAHAN database
|
Date
|
"
|
Rule 13
Form-2
shall be substituted with the following, namely:-
"FORM-2
[Refer rule 10(1)]
APPLICATION FOR VEHICLE SCRAPPING
|
1.
|
OWNER DETAILS
|
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A
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NAME
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B
|
ADDRESS
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C
|
MOBILE NO
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D
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E MAIL
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E
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PAN
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F
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BANK ACCOUNT
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i
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NAME OF BANK
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ii
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BRANCH
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iii
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ACCOUNT NUMBER
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iv
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IFSC
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v
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CONSIDERATION RECEIVED (Rs.)
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vi
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RECEIPT NO. AND DATE
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2.
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VEHICLE DETAILS
|
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REGISTRATION NO
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MAKE
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MODEL
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VEHICLE CATEGORY
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CHASSIS NO.
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ENGINE NO.
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MONTH/YEAR OF MANUFACTURE
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3.
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DOCUMENTS
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A
|
Original Certificate of Registration.
|
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B
|
Pan card of registered owner.
|
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C
|
Authorization from the registered owner on stamp paper
|
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D
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Cancelled cheque of the bank account of the owner
|
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E
|
Identity Proof of the authorized representative, if
applicable
|
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F
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Address proof of the owner
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G
|
Digital photograph of authorized representative or owner
|
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4.
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UNDERTAKING BY APPLICANT AT TIME OF FORM-2 SUBMISSION
|
|
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I/We,
...................................................... Resident of ........................................................
hereby declare that all the particulars furnished by me/us in this form are
true and correct; the subject vehicle is not engaged in any kind of criminal
activity/litigation and realize that I/WE are fully liable for any false
declaration furnished above.
|
|
5
|
LETTER OF AUTHORIZATION
|
|
|
1. I.............son/daughter of.............resident
of................owner of vehicle registration number............do hereby
authorize................... son/daughter of............................
resident of................as my legal authority to deposit the above stated
vehicle for the purpose of scrapping at the <RVSF Name>
2. That the above stated vehicle deposited by the above
stated authorized person shall be deemed as if deposited by me only for all
legal purposes and intents
Signature
(Authorized Representative)
Signature
(Registered vehicle owner)
Signature attested
Date:
Place:
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Rule 14
The
following Form-2A, Form-2B, Form-2C and Form-2D shall be added after Form-2,
namely:-
"FORM-2A
UNDERTAKING BY APPLICANT AT THE TIME OF VEHICLE SUBMISSION
[Refer rule 10(1)]
I/We,
.........................................................................................
Resident of........................................................hereby
declare that all the particulars furnished by me/us in Form 2
application are true and correct; the subject vehicle with registration
number.................is not engaged in any kind of criminal activity/litigation
and realize that I/We are fully liable for any false declaration furnished in
Form-2. I/We hereby declare that there are no pending dues on the said vehicle;
the hire-purchase, lease, or hypothecation agreement in the certificate of
registration of the said vehicle has been duly discharged and that I/We shall
be fully liable for any such dues and charge pending before this <date and
timestamp> and I/We fully indemnify the Registered Vehicle Scrapping
Facility <RVSF name>.........from all such charges.
FORM-2B
UNDERTAKING BY RVSF AT THE TIME OF VEHICLE SUBMISSION
[Refer rule 10(1)]
I/We,
......................................................................on behalf
of <RVSF Name> ........................................................hereby
declare that I/We are fully liable for any kind of criminal activity/litigation
charges and financial dues such as challans, motor vehicle tax etc. accrued on
the subject vehicle with registration number.................. after this
<date and timestamp> and I/We fully indemnify the registered vehicle
owner <name>.............from all such charges.
FORM-2C
CERTIFICATE OF DEPOSIT [Refer rule 10(1)]
FORM-2D
TRANSFER CERTIFICATE OF DEPOSIT [Refer rule 10(1)]"
Rule 15
3A (v)
shall be substituted with the following, namely:-
"GRAND
TOTAL (i+ii+iii+iv =X)"
Rule 16
Form-3,
entry 3B (ix) shall be substituted with the following, namely:-
"SUB-TOTAL
(a)"
Rule 17
Form-3,
entry 3C (vi) shall be substituted with the following, namely:-
"SUB-TOTAL
(b)"
Rule 18
Form-3,
entry 3D (iii) shall be substituted with the following, namely:-
"SUB-TOTAL
(c)"
Rule 19
Form-3,
entry 3E shall be substituted with the following, namely:-
"GRAND
TOTAL (a+b+c =Y)"
Rule 20
Form-3,
entry 3F shall be substituted with the following, namely:-
"MASS
BALANCE (X-Y)"
Rule 21
In
Form-4, entry 4 (d) shall be substituted with the following, namely:-
"Year
of Manufacture (YY)"
Rule 22
In
Form-4, entry 6 shall be substituted with the following, namely:-
"It
is requested that the records in respect of above-mentioned vehicle may be
updated."