Motor Vehicle Act, 1988 - Registraton of Motor Vehicles Chapter IV section 48 to 51

  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.


No comments:

Post a Comment

Ask your questions or add your valuable comments here.