Section 51:
Special provisions 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 (hereafter 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 1[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 2[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].
(3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the 1[last registering
authority] on proof of the termination of the said agreement by the parties concerned on an application
being made in such form as the Central Government may prescribe 2[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 3[from the registered owner] owing to the default of the
registered owner under the provisions of the said agreement and that the registered owner refuses to
deliver the certificate of registration or has absconded, such authority may, after giving the registered
owner an opportunity to make such representation as he may wish to make (by sending to him a notice by
registered post acknowledgement 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 a
permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of
section 41, or for the assignment of a new registration mark 4[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 change of residence or place of business under section 49, 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 referred
to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the
certificate).
Explanation.-- For the purposes of this sub-section and sub-sections (8) and (9), "appropriate
authority" in relation to any permit means the authority which is authorised by this Act to renew such
permit and, in relation to registration, means the authority which is authorised by this Act to issue
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 to the applicant, to issue, the
certificate applied for and where the financier fails to issue the certificate and also fails to communicate
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 47, submit with
such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has
been obtained, the communication received from the financier under that sub-section, or, as the case may
be a declaration that he has not received any communication from the financier within the 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 a new registration mark in respect of a vehicle which is held under the
said agreement, the appropriate authority may, subject to the other provisions of this Act,--
(a) in a case where the financier has refused to issue the certificate 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 issue the duplicate certificate of registration, or
(iii) assign or refuse to assign a new registration mark;
(b) in any other case,
(i) renew the permit, or
(ii) issue duplicate certificate of registration, or
(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 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,
shall communicate 5[by registered post acknowledgment due] to the financier that such entry has been
made.
6[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of
registration 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
entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or
issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the
original registering authority.]
Notes:
1. Subs. by Act 54 of 1994, s. 14, for "original registering authority" (w.e.f. 14-11-1994).
2. Added. by s. 14, ibid. (w.e.f. 14-11-1994).
3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994).
4. Subs. by Act 54 of 1994, s. 14, for "under section 47, make an application" (w.e.f. 14-11-1994).
5. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994).
6. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994).