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1 GOVERNMENT OF HARYANA/ g~4101i ~ TRANSPORT COMMISSIONER, HARYANA, CHANDIGARH. q~q6crt 3i1Jj,CfC1,6~1I101l, =cig)ali$ I To All Secretaries, Regional Transport Authorities, in the State. Memo No. Qotl(;-4v G3G Dated: c>~1 0'1 J "-.0 I ( /AT-lIST-I11 Subject: Grant of certificate of fitness to oversized vehicles. Reference on the subject cited above. 1. Consequent upon receipt of several representations from transport associations across the State regarding grant of fitness to over dimensional vehicles, the State Government convened various meetings to consider the implementation of the provisions of the Central Motor Vehicles Rules, 1989 and also to resolve the practical problems being faced by the owners of oversized goods vehicles in the State. After detailed deliberations, it was decided by the State Government on the basis of legal opinion furnished by LR, Haryana to grant exemption for the issuance of fitness certificate to the oversized vehicles U/s 110(3)(b) of the MV Act, 1988 for further one year/fitness cycle subject to submission of surety bond of Rs. 2 lacs 50 thousand-cumundertaking to right size their oversized vehicles within the period of exemption. 2. The State Government in exercise of the powers conferred U/s 110(3)(b) ofmv Act, 1988 has accordingly issued a notification No. 21/1/2010-3T(1) dated granting exemption to the oversized vehicles for further one year/fitness cycle subject to submission of surety bond of 2 lacs 50 thousand-cum-undertaking. The terms and conditions formulated by the Central Government in this regard should also be kept in consideration while granting the exemption. A copy of the notification dated and the terms and conditions formulated by the Central Government for the grant of exemption are enclosed. 3. The registered owner of over dimensional transport vehicles will submit a surety bond of Rs. 2 lacs 50 thousand-cum-undertaking on a stamp paper of Rs. 100/- with two witnesses duly notarized, at the time of seeking fitness certificate for such vehicles. The specimen of the surety bond-cum-undertaking is enclosed and the same can also be downloaded from the web site of the department, 4. The fitness certificate to the over dimensional vehicle will continue to be issued in form 38 stating that the said vehicle is certified as complying with the provisions of
2 GOVERNMENT OF HARYANA / l<~:qioii ~ TRANSPORT COMMISSIONER, HARYANA, CHANDIGARH. q~qflo1 3111ct<"1, fl~~iuii, :JtldlC;; I 5. In order to have proper monitoring, a separate record of the fitness certificate(s) issued to over-dimensional transport vehicles under the above orders of the State Government shall be kept by the concerned Secretary, RTA in the following proforma:- Sr. Registration Actual Actual Date up to Date when the No. No. of vehicle dimensions as dimensions as which the fitness vehicle is disclosed in measured by certificate is brought rightowner's surety MVI valid sized to the bond-cum- RTA office undertaking 6. In case, the transport vehicle having fitness certificate issued under the above orders ofthe State Government fails to comply with the commitment made in the surety bond-cum- undertaking submitted by its owner, necessary steps to recover Rs. 2 lacs 50 thousand from the vehicle or the registered owner of the vehicle or both shall be taken by the Secretary, RTA. 7. The exemption granted by the State Government is a one-time exemption only, valid for one year/fitness cycle. New vehicles will not be registered unless conforming to the dimensions prescribed in Rule-93 of the Central Motor Vehicle Rules, 1989 (as amended). You are accordingly directed to strictly adhere to the above instructions while implementing the decision of the State Government for the grant of fitness certificate to the oversized vehicles. End: Format of Surety Bond-cum-Undertaking Fitness certificate in case of over-sized bodies of transport vehicles.
3 Conditions formulated by Center Government vide notification dated the grant of exemption from the provisions of Rule 93 of CMVR, The State Government may exempt any motor vehicle or any class of description of motor vehicles from the provisions of rule 93 of the Central Motor Vehicles Rules, 1989, subject to the fulfillment of any or all of the conditions specified in these rules which that Government may deem fit to impose, namely:- Cl) Such motor vehicle or class of description of motor vehicles shall- (a) observe such load restriction as the State Government specify in this behalf, may by order (b) obtain the previous permission of such authority as may be specified by the State Government in this behalf before putting such vehicles on the load; (c) not, if they are loaded, travel over such bridge and cross-drainage structures on the road, which the state Government may having regard to the safety of the road structures specify; (d) Where prohibited under clause (c) to travel over the structure referred to in that clause, the owner or transporter shall at his cost make arrangements to cross the rivers in accordance with the directions given by the authority specified by the State Government in this behalf; (e) give advance intimation to such authority or officer specified in this behalf by the State Government regarding the movement of such vehicle; (f) equip with necessary warning signals such as red flags in the day time red light and reflectors in th4e night so as to indicate the extreme positions of the vehicle clearly; (g) move without any hindrance to the normal flow of traffic; (h) not exceed the speed limit of 16 kms. per hour. "(3. Removal of doubts.- For removal of doubts, it is hereby declared that any exemption granted under these rules in any State shall be valid throughout India."
4 ;;urely Bond-curn-Undertaking of Owner of Over-Dimensional Transport Vehicle Know all men by these presents that I/We, son!daughter/wife of residents/s of, registered owner/s of transport vehicle bearing registration No. registered at the 0/0 Secretary, Regional Transport Authority, (hereinafter called "the Surety/ies") am/are held and firmly bound unto the Governor of Haryana (hereinafter called "the Government" which expression shall include Transport Commissioner, Haryana and the concerned Registering Authority-cum- Secretary, Regional Transport Authority) in the sum of Rs. 2,50,000(Rupees Two Lakhs Fifty Thousand only) to be paid to the Government FOR WHICH PAYMENT to be well and truly made I/We herby bind myself/ourselves, my/our heirs, executors, administrators, representatives and/or assignees firmly by these presents as under:- WHEREAS, vide Haryana Government, Transport Department Notification No. 21/1/2010-3T(I) dated , the State Government has granted a onetime relaxation in the overall dimensions of motor vehicles prescribed in Rule 93 of the Central Motor Vehicle Rules, 1989, with respect to the existing oversized transport vehicles already registered in Haryana. AND WHEREAS, my/our above referred transport vehicle bearing registration No. is having the actual dimensions measured in meters (rounded to one place of decimal) as under:- a) Length= _ b) Width= _ c) Height= _ AND WHEREAS, for grant of fitness certificate under the above mentioned notification of the State Government. I/We require one-time relaxation in these dimensions as prescribed in Rule 93 of the Central Motor Vehicles Rules, 1989 of my/our above referred motor vehicle. ACCORDINGLY, I/We undertake and understand that the fitness certificate to my/our above referred motor vehicle under the above order of the Sta e Government shall be granted as one-time fitness certificate valid for one year/fitness cycle.
5 both or from my/our heirs, executors, administrators, representatives and/or assignees. That I/We further undertake and understand that after the completion of above mentioned period of one year/fitness cycle, I shall not seek further extension from the State Government to exempt the above referred transport vehicle from the pr visions of Rule 93 of the Central Motor Vehicle Rules, 1989, and the fitness certificate to my/our above referred motor vehicle shall be granted on full and complete compliance of Rule 93 of the Central Motor Vehicles Rules, THUS, by this bond I/we, the said[ name/s], hereby and hereunder [jointly and severally] undertake, hold and bind myself/ourselves, my/our res l ective heirs, executors, administrators, representatives and/or assignees etc. towards the said surely which may be recovered by the Governments by whatever means possible (including recovery in the form of areas of land revenue). IN WITNESS, whereof, I/We the said [name/s], has/have set and subscribed my/our respective hands and seal on this surety bond on this day of in the year _ Registered owner/s of the motor vehicle In the presence of: Witness No. 1: Address: Witness NO. 2: Address:
6 FORM-38 [see rule 62(1)] CERTIFICATE OF FITNESS (APPLICATION IN THE CASE OF TRANSPORT VEHICLES ONLY) Vehicle No. is certified as complying with the provisions of the Motor Vehicle Act, 1989, and the rules made thereunder, read with Haryana Government, Transport Department Notification No T(1) dated The certificate will expire on _ Dated Signature and designation of Inspecting Authority or holder of the letter of authority Of the authorized testing station.
7 Regd. No. CHD/0093/ ovt. of Haryana llarl1ana <&nutrnmtnt <&agtttt EXTRAORDINARY Published by Authority No /Ext.]CHANDIGARH, WEDNESDAY, JULY 6,2016 (ASADHA 15, 1938 SAKA) grlllol1 ~ ~~ ~ ~6~, 2016 ~ 21/1/201O-3~0(I).- ~ mrr ~, 1988 (1988 q?f ~ ~ 59) ~ t:rrt 110 ~ \jq'- tmt (3) et ~ (~) ~ >Rro -wmm q?f >l'll'l't ~ ~, grlllol1 et "<1\l'llqlC'l, ~ ~ \3'CRl 3l'Cffu et ~r, \3'CRl f.fw:it et ~ et 3fj'ffR ~ cm ~ ~ ~ Qil'1Olctdl W%TI c:t~ lff.fffi -g\'ifr q?f ~r::f ~ ~ et ~ \jqgiffidl et ~ ~ crf/~ 'il"w et >RTUf-11?f ~ ~ ~ ~ ~J1l ~ ~ ~ ~ ~ mrr f.'1<:r:1, 1989 et f.'1<:r:1 93, 93cn TIl2D" 93~ et ~ et C'lI'lCfl,<OI ~ ~m, ~ ~ TIl2D" tlfcr-~ cm ~ <tf "& TIl2D" R1f.1FcftC 3l'Cffu cv; ~ cv; ~, 'ClT6'l et \3q giffid I >fi1tot-11?f ~ ~ fct;<l ~, ~ tf'1" XTfu \Jl«l fctjm ~ TIl2D" ~.m et ~ fqftt et 3fj'ffR m~~~1 'CRl. 'CRl. ~, 3lLR ~ ~, grlllol1 ~, ~~I HARY ANA GOVERNMENT TRANSPORT Notification DEPARTMENT The 6th July, 2016 No T(I).- In exercise of powers conferred by clause (b) of sub-section (3) of section 110 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Haryana hereby exempts the motor vehicles, agricultural tractors and power tillers from the application of the provisions of rule 93, 93A and 93B of the Central Motor Vehicles Rules, 1989, prescribing overall dimensions, for further issuance of certificates of fitness for one Price: Rs (4867)
8 , 4868 HARYANA GOVT. GAZ. (EXTRA.), JULY 6, 2016 (ASAR. 15, 1938 SAKA) year/fitness cycle subject to furnishing a bond of two lacs fifty thousand rupees alongwith an undertaking to alter the dimensions as per the provisions of said rules within the said period and after the lapse of specified period, fitness certificate of the vehicles shall not be renewed, bond money shall be forfeited and action as per law shall be taken against the defaulters. S. S. DHlLLON, Additional Chief Secretary to Government, Haryana, Transport Department.
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