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.
No comments:
Post a Comment
Ask your questions or add your valuable comments here.