GOVERNMENT OF THE PUNJAB
ENVIRONMENT PROTECTION
DEPARTMENT
24th December, 2013
NOTIFICATION
No.SOG/EPD/5-45/2013.
In exercise of the powers conferred under Section 31 of the Punjab
Environmental Protection Act, 1997 (XXXIV of 1997), Governor of the Punjab is
pleased to make the following Rules:
1.
Short title
and commencement. - (1) These Rules may be cited as the Punjab
Environmental Protection (Motor Vehicles) Rules 2013.
(2) They
shall come into force at once.
2.
Definitions.
- (1)in these Rules:
(a)
“Act” means the Punjab Environmental
Protection Act1997(XXXIV of 1997);
(b)
“administrative penalty” means a penalty provided under subsection (7) of section 17 of
the Act;
(c)
“authorized officer”
means an officer of the Provincial Agency authorized by the Director
General for taking actions under sections 15, 17, 24 and 25 of the Act to
regulate motor vehicles;
(d)
“complaint”means a statement of allegations made orally
or in writing to the Environmental Magistrate for purposes of action under
these rules;
(e)
“direction” means
a direction issued in writing by the authorized officer to the owner of a motor
vehicle for installing such pollution control devices or other equipment or use
such fuels or undergo such maintenance or testing as may be mentioned in the
direction slip specified in Schedule-I;
(f)
“offence”means an act of omission constituting
contravention of section 15 of the Act or noncompliance of any order or
direction passed or issued under these rules by the Provincial Agency or an
authorized officer; and
(g)
“owner” includes
a driver, contractor, operator or occupant of a motor vehicle.
(2) All
other words and expressions used in these rules, but not defined herein shall
have the same meanings as are assigned to them in the Act.
3.Prohibition.
- A
person shall not operate a motor vehicle from which
air pollutants or noise
are being
emitted in
an amount, concentration or level which is in excess of
the Environmental quality standards or where applicable the standards
established under clause (g) of subsection (1) of section 6 of the Act.
4.
Enforcement
Procedure. - (1)The authorized
officer may inspect, examine or check any motor vehicle or class of motor
vehicles at any time in his area of jurisdiction.
(2)
The authorized officer shall examine a motor vehicle
through calibrated instrument for compliance of environmental quality standards
notified for vehicular emissions, exhaust, noise, vibration and smoke, in the
presence of owner of the motor vehicle at the spot to determine air pollutants.
(3)
If a motor vehicle does not confirm to environmental
standards, the officer shall issue directions in terms of subsection (2) of
section 15 of the Act to the owner of the motor vehicle.
(4)
The authorized officer shall mention a date, not more
than seven days, and the site, for re-inspection of the motor vehicle in order
to verify the compliance of the direction.
(5)
The authorized officer may retain in custody the
registration book, driving license or computerized national identity card of
the owner of the motor vehicle in his safe custody and shall enter the
particulars of the retained documents on the direction slip.
(6)
The authorized officer shall be responsible for the
quality and quantity and safe custody of the retained documents and shall
produce them in the court, as and when required.
(7)
The authorized officer shall wear uniform notified by
the Government and in the performance of functions under these rules he may use
revolving green lights on the duty vehicle and may seek help of local or
traffic police, transport authorities or district administration.
(8)
The authorized officer shall maintain daily diary
register containing the details of the motor vehicles inspected, particulars of
owners along with instruments used in determining air pollutants, violations or
noise, for inspection and collecting evidence.
(9)
The authorized officer shall verify the compliance of
the directions given to the owner of a motor vehicle and if the direction is:
(a)
complied, he shall make an inventory of the compliance
of the direction and shall return the retained document to the owner of the
motor vehicle or any other person legally entitled to the document; or
(b)
not complied, he shall make inventory of all the
retained documents as specified in
Schedule-II and may impose administrative penalty on the owner of the motor
vehicle under the Administrative Penalty Rules or may file a complaint against
the owner of the motor vehicle before the Environmental Magistrate.
(10)
The authorized officer shall treat the issuance of
direction slip as fulfillment of the condition of show cause notice under these
rules.
5.
Impounding
of motor vehicles. - (1)The authorized officer may impound, with the help
of local Police, the motor vehicle which is being operated in contravention of
these rules after the days mentioned on the direction slip or even after the
imposition of administrative penalty.
(2)
The impounded motor vehicles shall cease to operate
till compliance of the direction under subsection (2) of section 15 of the Act
and the authorized officer shall hand over the vehicle to the local police
station through officer in-charge of the police station against an inventory of
articles and an application by the authorized officer, which shall be reflected
in rapt register of the Police Station.
(3)
The Environmental
Magistrate may, subject to conditions as the Magistrate deems appropriate,
direct that the motor vehicle may be delivered to the owner.
6.
Completion
of trial. - The Environmental
Magistrate shall conclude the proceedings initiated under these rules within
thirty days and copies of the final order shall be sent to the Director General
and the authorized officer who had submitted the complaint.
7.
Deposit of
fine. - (1) The owner shall deposit the fine imposed by the Environmental
Magistrate or as an administrative penalty in a designated head of accounts
notified by the Government.
(2)
The authorized officer shall maintain the record of
fine and shall submit a consolidated report thereof to the Director General on
weekly basis.
SECRETARY
GOVERNMENT OF THE PUNJAB
ENVIRONMENT PROTECTION DEPARTMENT
ENVIRONMENT PROTECTION AGENCY 
GOVERNMENT OF THE PUNJAB
Schedule-I
(See Rule-2(E))
(Directions Slip)
(Action under Section15 of the Punjab
Environmental Protection Act-1997
(as amended in 2012)
1.Book No.
_______________ Issue No.______________________________________________
2 .Concerned
Police Station____________Tehsil____________
District_________________
3.Date/time
& site of inspection ____________________________________________________ 5.Name with complete address of Owner,
Driver, and Operator, Contractor or proprietor of the motor vehicle;
_____________________________________________________________________________________
_____________________________________________________________________________________
6.Category of
Motor Vehicle ________________________________________________________
7.Standards
notified by the Government to regulate motor vehicles U/S 15(1)
_____________________________________________________________________________________
_____________________________________________________________________________________
8.Nature of
offense made out during inspection
_____________________________________________________________________________________
_____________________________________________________________________________________
9.Directions
U/S 15 (2)
_____________________________________________________________________________________
_____________________________________________________________________________________
10.
Date/time & place of re-inspection to verify compliance of the
direction U/S 15(2) _____________________________________________________________________________List
of documents taken into custody by the inspecting
officer_______________________________ Note:
11.
In case of noncompliance of the direction given U/S 15(2)the accused
motor vehicle shall proceeded against U/S 17 of the Act.
12.Signature
of Driver/Owner ____________________ NICNO._______________________
Name,
designation of Authorized officer
Stamp/Date
ENVIRONMENT PROTECTION AGENCY
GOVERNMENT OF THE PUNJAB
Schedule-II
(See Rule-9 (B))
(List of documents or inventory required
for legal proceedings)
•
Detail of Instruments used in inspection of
Motor Vehicle.
•
Detail description of procedure used for testing
emissions or air pollutants or noise or vibration.
•
Clear cut report about compliance or
non-compliance of the Standards.
•
Detail of Direction given U/S 15(2).
•
Details of possessed documents.
•
Findings of Re-inspections and status of
compliance of the Directions
•
Status of earlier violations by the motor
vehicle, earlier penalty or fine imposed or action taken against.
•
List of witnesses at site in whose presence
inspection & testing was done.
•
Name & signature of inspector with official
stamp.
Verification & endorsement of
Authorized Officer name & signature/official stamp/ date
__________________________________________________________
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