48.
No objection certificate,- (1) The owner of a motor vehicle when
applying for the assignment of a new registration mark under sub-section (1) of
section 47, or where the transfer of a motor vehicle is to be effected in a
State other than the State of its registration, the transferor of such
vehicle when reporting the transfer under sub-section (1) of section 50, shall
make an application in such form and in such manner as may be prescribed by the
Central Government to the registering authority by which the vehicle was
registered for the issue of a certificate (hereafter in this section referred
to as the no objection certificate), to the effect that the registering
authority has no objection for assigning a new registration mark to the
vehicle, or as the case may be, for entering the particulars of the transfer in
the certificate of registration.
(2) The
registering authority shall, on receipt of an application under sub-section
(1), issue a receipt in such form as may be prescribed by the Central
Government.
(3) On
receipt of an application under sub-section (1), the registering authority may,
after making such enquiry and requiring the applicant to comply with such
directions as it deems fit and within thirty days of receipt thereof, by order
in writing, communicate to the applicant that it has granted or refused to
grant the objection certificate:
Provided that a registering authority shall not refuse to grant the no
objection certificate unless it has recorded in writing the reasons for doing
so and a copy of the same has been communicated to the applicant.
(4) Where
within a period of thirty days referred to in sub-section (3), the registering
authority does not refuse to grant the no objection certificate or does not
communicate the refusal to the applicant, the registering authority shall be
deemed to have granted the no objection certificate.
(5)
Before granting or refusing to grant the no objection certificate, the
registering authority shall obtain a report in writing from the police officer
that no case relating to theft or the motor vehicle concerned has been reported
or is pending, verify whether all amounts due to Government including road tax
in respect of that motor vehicle have been paid and take into account such
other facts as may be prescribed by the Central Government.
(6) The
owner of the vehicle shall also inform at the earliest, in writing, the
registering authority about the theft of his vehicle together with the name of
the police station where the theft report was lodged, and the registering
authority shall take into account such report while disposing on any
application for no objection certification, registration, transfer of ownership
or issue of duplicate registration certificate.
49. Change of residence or place of business,- (1) If the owner of a
motor vehicle ceases to reside in the address recorded in the certificate of
registration of the vehicle, he shall, within thirty days of any such change of
address, intimate in such form accompanied by such documents as may be
prescribed by Central Government, his new address, to the registering authority
by which the certificate of registration was issued, or, if the new address is
within the jurisdiction of another registering authority, and shall at the same
time forward the certificate of registration to the registering authority
and shall at the same time forward the certificate of registration to the
registering authority or, as the case may be, to the other registering
authority in order that the new address may be entered therein.
(2) if
the owner of a motor vehicle fails to intimate his new address to the concerned
registering authority within the period specified in sub-section (1), the
registering authority may, having regard to the circumstances of the case,
require the owner to pay, in lieu of any action that may be taken against him
under section 177, such amount not exceeding one hundred rupees as may be
prescribed under sub-section (4);
Provided
that action under section 177 shall be taken against the owner where he fails
to pay the said amount.
(3) Where
a person has paid the amount under sub-section (2), no action shall be taken
against him under section 177.
(4) For
the purpose of sub-section (2), a State Government may prescribe different
amounts having regard to the period of delay in intimating his new address.
(5) On
receipt of intimation under sub-section (1), the registering authority may,
after making such verifications as it may think fit, cause the new address to
be entered in the certificate of registration.
(6) A
registering authority other than the original registering authority may after
making such an entry shall communicate the altered address to the original
registering authority.
(7)
Nothing in sub-section (1) shall apply where the change of the address recorded
in the certificate of registration is due to a temporary absence not intended
to exceed six months in duration or where the motor vehicle is neither used nor
removed from the address recorded in the certificate of registration.
50.
Transfer of ownership, - (1) Where the ownership of any motor vehicle
registered under this Chapter is transferred,-
(a) the
transferee shall-
(1) In the case of a vehicle registered within the State within fourteen days
of transfer, report the fact of transfer, in such form with such documents and
in such manner, as my be prescribed by the Central Government to the
registering authority within whose jurisdiction the transfer is to be effected
and shall simultaneously send a copy of the said report to the transferee; and
(ii) in the case of a vehicle registered outside the State, within forty five
days of the transfer, forward to the registering authority referred to in
sub-clause (1)-
(A) the no objection
certificate obtained under section 48; or
(B) in a case where no such
certificate has been obtained,
(1) the receipt obtained
under sub-section (2) of section 48; or
(2) the postal
acknowledgement received by the transferor if he has sent an application in
this behalf by registered post acknowledgement due to the registering authority
referred to in section 48, together with a declaration that he has not received
any communication from such authority refusing to grant such certificate or
requiring him to comply with any direction subject to which such certificate
may be granted;
(b) the
transferee shall, within thirty days of the transfer, report the transfer to
the registering authority within whose jurisdiction the residence or place of
business where the vehicle is normally kept, as the case may be, and shall
forward the certificate of registration to that registering authority together
with the prescribed fee and a copy of the report received by him from the
transferor in order that the particulars of the transfer of ownership may be
entered in the certificate of registration.
(2) Where-
(a) the person in whose name
a motor vehicle stands registered dies: or;
(b) a motor vehicle has been
purchased or acquired at a public auction conducted by, or on behalf of
Government,
the person
succeeding to the possession of the vehicle, or as the case may be, who has
purchased or acquired a motor vehicle, shall make an application for the
purpose of transferring the ownership of the vehicle in his name, to the
registering authority in whose jurisdiction he has the residence or place of
business where the vehicle is normally kept, as the case may be, in such
manner, accompanied with such fee, and within the period as may be prescribed
by the Central Government.
(3) If the transferor
or the transferee fails to report to the registering authority the fact of
transfer within the period specified in clause (a) or clause (b) of sub-section
(1), as the case may be, or if the person who is required to make an
application under sub-section (2) (hereafter in this section referred to as the
other person) fails to make such application within the period prescribed , the
registering authority may, having regard to the circumstances of the case,
require the transferor or the transferee or the other person, as the case may
be, to pay, in lieu of any action that may be taken against him under section
177, such amount not exceeding one hundred rupees as may be prescribed under
sub-section (5);
Provided that
action under section 177, shall be taken against the transferor, or the
transferee or the other person, as the case may be, where he fails to pay the
said amount.
(4) Where a person has
paid the amount under sub-section (3), no action shall be taken against him
under section 177.
(5) For the purpose of
sub-section (3), a State Government may prescribe different amounts having
regard to the period of delay on the part of the transferor or transferee in
reporting the fact of transfer of ownership of the motor vehicle or the other
person in making the application under sub-section (2)
(6) On receipt of a report
under sub-section (1), or an application under sub-section (2), the registering
authority may cause the transfer of ownership to be entered in the certificate
of registration.
(7) A registering authority
making any such entry shall communicate the transfer to the transferor and to
the original registering authority, if it is not the original registering
authority.
51. Special
provision regarding motor vehicle subject to hire purchase agreement, etc,-
(1) Where an application for registration of a motor vehicle which
is held under a hire-purchase, lease or hypothecation agreement (
hereinafter in this section referred to as the said agreement) is made,
the registering authority shall
make an entry in the certificate of registration regarding the existence
of the said agreement.
(2)Where the ownership of any motor vehicle registered under this Chapter is
transferred and the transferee enters into the said agreement with any person,
the last registering authority shall, on receipt of an application in such form
as the Central Government may prescribe from the parties to the said agreement,
make an entry as to the existence of the said agreement, in the certificate of
registration and an intimation in this regard shall be sent to the
original registering authority if the last registering authority is not the
original registering authority.
(3) An entry made under
sub-section (1) or sub-section (2), may be cancelled by the last registering
authority on proof of the termination of the said agreement by the parties
concerned on application being made in such a form as the Central Government
may prescribe and an intimation in this behalf shall be sent to the original registering
authority, if the last registering authority is not the original registering
authority.
(4) No entry regarding the
transfer of ownership of any motor vehicle which is held under the said
agreement shall be made in the certificate of registration except with the
written consent of the person whose name has been specified in the certificate
of registration as the person with whom the registered owner has entered into
the said agreement.
(5) Where the person whose
name has been specified in the certificate of registration as the person with
whom the registered owner has entered into the said agreement, satisfies the
registering authority that he has taken possession of the vehicle from the
registered owner owing to default of the registered owner under the provisions
of the said agreement and the registered owner refuses or to deliver the
certificate of registration or has absconded, such authority may, after giving
the registered owner an opportunity to make such representations as he may wish
to make by sending him a notice by registered post acknowledgment due at his
address entered in the certificate of registration and notwithstanding that the
certificate of registration is not produced before it, cancel the certificate
and issue a fresh certificate of registration in the name of the person with
whom the registered owner has entered into the said agreement.
Provided that a fresh certificate of registration shall not be
issued in respect of a motor vehicle, unless such person pays the prescribed
fee:
Provided further that a fresh certificate of registration issued
in respect of a motor vehicle, other than a transport vehicle, shall be valid
only for the remaining period for which the certificate cancelled under this
sub-section, would have been in force.
(6) The registered owner
shall, before applying to the appropriate authority for the renewal of permit
under section 81 or for the issue of duplicate registration under sub-section
(14) of section 41, or for the assignment of a new registration mark under
section 47, or removal of the vehicle to another State, or at the time of
conversion of the vehicle from one class to another, or for issue of no
objection certificate under section 48, or for the alteration of the vehicle
under section 52, make an application to the person with whom the registered
owner has entered into the said agreement, (such person being hereafter in this
section as the financier) for the issue of a no objection certificate
(hereafter in this section referred to as the certificate)
Explanation:-
For the purpose of this sub-section and sub-sections (8) and (9), “appropriate
authority” in relation to any permit, means the authority which is authorized
by this Act to renew such permit and, in relation to registration means the
authority which is authorized by this Act to issue a duplicate certificate of
registration or to assign a new registration mark.
(7) Within seven days of the
receipt of an application under sub-section (6), the financier may issue, or
refuse, for reasons which shall be recorded in writing and communicated the
reasons for refusal to issue the certificate to the applicant within the said
period of seven days, the certificate applied for shall be deemed to have been
issued by the financier.
(8) The registered owner
shall, while applying to the appropriate authority for the renewal of any
permit under section 81, or for the issue of a duplicate certificate of
registration under sub-section 14 of section 41, or while applying for
assignment of a new registration mark under section 17, submit with such
application the certificate, if any, obtained under sub-section (7) or,
where no such certificate has not been obtained, the communication received
from the financier under sub-section or, as the case may be, a declaration that
he has nor received any communication from the financier within a period
of seven days specified in that sub-section.
(9) On receipt of an
application for the renewal of any permit or for the issue of duplicate
certificate of registration or for assignment of fresh registration mark in
respect of a vehicle which is held under the said agreement, the appropriate
authority may, subject to the provisions of this Act –
(a) In a case where the
financier has refused to issue the certificate of registration, applied for,
after giving the applicant an opportunity of being heard, either –
(i) Renew
or refuse to renew the permit, or
(ii) Issue
or refuse to assign a new registration mark
(b) In any other case,
(i) renew
the permit, or
(ii) issue
duplicate certificate of registration
(iii) assign
a new registration mark
(10) A registering authority making an
entry in the certificate of registration regarding-
(a) Hire-purchase, lease
or hypothecation agreement of a motor vehicle, or
(b) the cancellation under,
sub-section (3) of an entry, or
(c) recording transfer of
ownership of a motor vehicle or
(d) any alteration in a
motor vehicle, or
(e) suspension or
cancellation of registration of a motor vehicle, or
(f) change of address,
(g) shall communicate by
registered post acknowledgement due to the financier that such entry has been
made
(11) A registering authority registering the
new vehicle or issuing the duplicate registration certificate or a no objection
certificate or a temporary certificate of registration, or issuing or renewing
a fitness certificate or substituting entries relating to another motor
vehicle in the permit, shall intimate the financier of such transaction
(12) The registering authority where it is not
the original registering authority, when making an entry under sub-section (1)
or sub-section (2), or cancelling the said entry under sub-section (3) or
issuing fresh certificate of registration under sub-section (5) shall
communicate the same to the original registering authority.
