Motor Vehicle Act,1988 - Chapter IV - Registraton of Motor Vehicles -Sections 52 to 55 - Kerala RTO

52. Alteration in motor vehicle,- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are  at variance with those originally specified by the manufacturer:

   Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating the operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:

  Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:

  Provided further that Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.

  (2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorize subject to such conditions as may be prescribed in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority.

  (3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason o replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of making of the alteration, report the alteration t the registering authority together with the prescribed fee in order that the particulars registration may be entered therein.

  (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.

  (5) Subject to the provisions made under sub-sections (1), (2), (3), and (4) no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner.

  Explanation: - For the purpose of this section, “alteration means a change in the structure of a vehicle which results in a change in its basic feature.

  53. Suspension of registration: - (1) If any registering authority or other prescribed authority has reasons to believe that any motor vehicle within its jurisdiction-
                                  
(a)is in such a condition that its use in a public place would constitute a danger to the public, or that                it fails to comply with the requirements of this Act or of the rules  made    thereunder, or,

(b) has been, or is being used for hire reward without a valid permit for being used as                             such,          
      
the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration, for reasons to be recorded in writing, suspend the certificate of registration  of the vehicle-

(i) In any case falling under clause (a), until the defects are rectified to its satisfaction;
    and
(ii) In any case falling under clause (b), for a period not exceeding four months.

  (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of suspension.

  (3)  Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall if it is not the original registering authority, inform that authority of the suspension.

  (4)  The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration under this section, surrender the certificate of registration.

  (5)   A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending the registration has been rescinded and not before.

  54. Cancellation of registration suspended under section 53,- Where the suspension of the registration of a vehicle under section 53 has continued without interruption for a  period not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority cancel the registration and if it is not the original registering authority, shall forward the certificate of registration to that registering authority  which may cancel the registration.

 55.  Cancellation of registration, - (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle.

  (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the certificate of registration.

  (3)  Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make ( by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in a such a condition that is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration.

  (4)  If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.

  (5)  If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number endorsed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representations as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration),  and for reasons to be recorded in writing cancel the registration.

  (6) A registering authority making an order of cancellation under section 54 or under this section shall, communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.

    (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and   the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.
   (8)The expression “original registering authority” in this section and in sections 41, 49, 50,51,52,53 and 54 means the registering authority in whose records the registration of the vehicle is recorded.


 (9)In this section “Certificate of Registration” includes a certificate of registration renewed under the provisions of this Act.

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