No: 6 Dated: Apr, 26 1969

THE MOTOR VEHICLES (ASSAM AMENDMENT) ACT, 1968

ASSAM ACT VI OF 1969

    An Act to amend ·the Motor Vehicles Act, 1939, in its application to Assam.

    Preamble:- Whereas it is expedient to amend the Motor Vehicles Act, 1939, in its application to Assam for the purposes and in the manner hereinafter appearing ;

    It is hereby enacted in the Nineteenth Year of the Republic of India by the Legislature of Assam, as follows:-

1. Short Title:- (1) This Act may be called the MotoeVehicles (Assam Amendment) Act, 1968.

2. Application:- The Motor Vehicles Act, 1939 (hereinafter referred to as the principal Act), shall, in its application to Assam, be amended in the manner hereinafter provided

3. Insertion of new section 31A in Act 4 of 1939:- After section 31 of the principal Act, the following shall be inserted as section 31 A, namely:·-

"31A:- Special providsions regarding motor vehicles subject to hire-purchase or hypothecation agreement:- (1) Where an application for registration of a motor vehicle which is held under a hire-purchase agreement Is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.

(2) Where any registered owner of a motor vehicle enters into a hire-purchase agreement and reports the transfer of ownership of the motor vehicle to the registering authority and makes an application to it to have the existence of the hire-purchase agreement entered in the certificate, the registering authority shall make an entry to that effect in the certificate of registration.

(3) An entry made under sub-secl;ion (1) or sub- "ection (2) may be cancelled oy the registering authority on proof of the termination of the hire· purchase agreement.

(4) No entry regarding the transfer of ownership of any motor vehicle which is held under a hire· purchase agreement shall be µiade in the certificate of registration except with the written consent of the person with whom the registered owner has entered into a hire-purchase agreement.

(5) Where any person with who rn the registered owner has entered into a hire-purchase agreement satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may1 after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notke by registued post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate ofregistration is not produced before it, cancel the certificate and issue a duplicate thereof to the person aforside.

(6) The provisions of sub-sections (lj to (5) shall so far as may be, apply to a motor vehicle which is subject to hypothecation as they apply to any motor vehicle which is held under a hire-purchase agreement"