In exercise of the
powers under Section 65 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988)
read with Section 211 of the said Act and Section 21 of the General Clauses
Act, 1897 (Act 10 of 1897), the Governor is pleased to make the following rules
with a view to amending the Uttar Pradesh Motor Vehicles Rules, 1998 after
previous publication in the Gazette vide Notification No.
13/2019/933/XXX-4-2019-08(3)-2015, dated June 7, 2019, as required under
sub-section (1) of Section 212 of the said Act of 1988. The objections and
suggestion received with respect of the proposed rules have been disposed of in
government order No. 1063/XXX-4-2019-08(3)-2015, dated July 23, 2019 (1) These rules may be
called the Uttar Pradesh Motor Vehicles (Twenty Seventh Amendment) Rules, 2019. (2) They shall come into
force with effect from the date of their publication in the Gazette. In the Uttar Pradesh
Motor Vehicles Rules, 1998, hereinafter referred to as the said rules for Rule
51, the following rule shall be substituted, namely (1) The registered
numbers shall be assigned serially in the order in which applications are
received except in case of numbers reserved under clause (iv)(a) and (b) of
sub-rule (2) of Rule 51-A of the Uttar Pradesh Motor Vehicles Rules, 1998. (2) A number once
assigned to a motor vehicle shall not be assigned to any other motor vehicle
nor shall the cancelled registered number of a motor vehicle be assigned to any
other motor vehicle: Provided that,
registration mark of an old vehicle may be given to a new vehicle of same class
purchased by the same owner after paying prescribed fee provided in clause (v)
of this rule hereunder along with registration fee and tax for new vehicle
under the following terms and conditions (i) The owner of the new
vehicle shall apply for the registration of new vehicle along with the
documents prescribed in Rule 47 of the Central Motor Vehicle Rules, 1989 and
also apply simultaneously for porting his old number to new vehicle. If the old
vehicle is registered under the jurisdiction of another registering authority
owner shall also obtain no objection certificate under Section 48 of the Motor
Vehicle Act, 1988 from another registering authority. (ii) The Registering
Authority shall allot new registration number of current series to new vehicle
and after ensuring roadworthiness of the old motor vehicle port the old vehicle
registration number to new vehicle and simultaneously port new registration
number the old vehicle. (iii) If the old vehicle is
registered under the jurisdiction of another registering authority, the
Registering Authority, before porting the old number to the new vehicle and new
number to the old vehicle, shall ensure that no objection certificate under
Section 48 of the Motor Vehicles Act, 1988 is obtained. (iv) It shall be the duty
of such Registering Authority to keep and maintain the records of both
vehicles. (v) If the old number
falls in the category of notified and reserved numbers in pursuance of clause
(ii) of sub-rule (2) of Rule 51-A of the Uttar Pradesh Motor Vehicles Rules,
1998, the registering authority shall realise the twenty per cent of base price
of the category of the number or five thousand rupees whichever is higher for
four wheeler and twenty per cent of base price of the category of the number of
one thousand rupees whichever is higher for two wheeler: Provided that no fees
shall be charged for the porting the registration mark of Government vehicle to
Government vehicle. (vi) If the old number
does not fall in the category of notified and reserved number in pursuance of
clause (iv) of sub-rule (2) of Rule 51-A of the Uttar Pradesh Motor Vehicles
Rules, 1998, the Registering Authority shall realise one thousand rupees for
two wheeled vehicles and five thousand rupees for four wheeled vehicles: Provided that no fees
shall be charged for the porting the registration mark of Government vehicle to
Government vehicle. (vii) If the vehicle is
registered in the jurisdiction of same Registering Authority this whole
exercise of number portability shall be completed within seven days and if the
old vehicle is registered under the jurisdiction of another Registering
Authority it shall be completed within forty five days. Explanation. (a)
For the purpose of this sub-rule, the words "same class" means two
wheeler (private) for two wheeler (private), two wheeler (transport), for two
wheeler (transport) LMV (private) for LMV (private), LMV (transport) for LMV
(transport), MMV for MMV, HMV for HMV. (b) "Four
wheeler" means vehicles having four or more than four wheels. (3) No person shall
exhibit or use a registered number on any vehicle other than the motor vehicle
to which it has been assigned under these rules. (4) Omitted.'. (1) In the said rules, in
Rule 51-A, in sub-rule (2), the following clause shall be substituted, namely '(iv)
(a) The Registering Authority may on an
application made to it by any person, reserve any registration number notified
by the Transport Commissioner under clause (ii) of sub-rule (2) either through
the process of auction or on the principal of "first come first
serve", as the case may be, through online mode. The bare price for these
notified number shall be following Sl. No. Type of Registration No. Two Wheeler (in rupee) Four wheeler (in rupee) 1 2 3 4 1 Very Attractive 20,000 1,00,000 2 Very Important 10,000 50,000 3 Attractive 5000 25,000 4 Important 3000 15,000 Provided that (1)
All the notified numbers of new series shall initially be opened for auction
for seven days which shall start from 10.00 A.M. of the date of beginning of
the auction to the series in a transport office till the end of seventh day.
The bidder has to offer more amount than the base price for the respective
notified numbers for said auction. If the number of bidders is less respective
notified numbers for said auction. If the number of bidders is less than three
then the process of auction shall be extended for further period of seventh
days. If in the extended period also three bidders do not take part then the
said number shall be allotted to the highest bidder. Those notified numbers
which remain unsanctioned in the prescribed period of auction shall remain open
for the booking on payment of prescribed base price under sub-clause (a) on the
principle of "first come first serve" basis. This fee shall be paid
along with the fee prescribed under the subsection (2) of Section 41 of the
Act. These attractive numbers once reserved shall not be transferable. (2) The mode and manner
for the booking of notified registration number either through the process of
auction or on the principle of "first come first serve" shall be
specified by notification by the State Government. (b) The Registering
authority may, on an application made to it by any person through online mode,
reserve any registration number except those notified by the Transport
Commissioner under clause (i) and (ii) of sub-rule (2) on payment of Rupees One
thousand for two wheeler and Rupees Five thousand for four wheeler in advance
along with fees prescribed under sub-section (2) of Section 41 of the act on
the principle of "first come first serve" basis.'.UTTAR PRADESH MOTOR VEHICLES (TWENTY
SEVENTH AMENDMENT) RULES, 2019
PREAMBLE