The 25th · April 1969 No.LJL.55/68/lO.-The following Act of the Assam Legislative Assembl~ which received the assent of the President is hereby published for general information.
ASSAM ACT VI OF 1969
[Received the assent of the President on the 18th April, 1969 J
THE MOTOR VEHICLES (ASSAM AMENDMENT) ACT, 1968
(Published in the Assam Gazette Extraorciinary, dated the 26th April, 1969) An
Act
to amend · the Motor Vehicles Act, 1939, in its application to Assam.
Preamble. Whereas it is expedient
Vehicles Act, I 939, in its
for the purposes arid rn
appearing ;
It is .hereby enacted in
qf ' the Republic of India
Assam, as follows:-
to amend the Motor
application to ~ssam,Act 4 of 1939
the manner heremafter
the. Nineteenth] Year
by the Legislature of
~ho i 1titJe, 1. This Act may be called ~the Moto<.V<::hicles (Assam Amendment) Act, 1968.
1
Application . 2. The Motor Vehicles Act, 1939 (hereinafter refer- red to as the principal Act), shall, in it~ application to Assam, be amended in the manner hereinafter provided.
Insertion of 3. After section 31 of the principal Act, the follow- new section ing shall be inserted as section 31 A, namely:·- 3IA in Act
4of1939. ·
"Special 31A. (1) Where an application for registration of providsi .o n s a motor vehicle which is held under a hirP.·purchase regar I n g . d h . . h . h 11 motor vehi- agreement Is ma e, t e registering aut onty s a cles subject to make an entry in the certificate of registration hire-purchase regarding the existence of the said agreement.
or hypothe_
cation agree-
ment. (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.
(3l 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 a~r ~ement.
~ 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-purchas1: 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 abscon- ded, 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, ~ancel the certificate and issue a duplicate thereof to the person au>re~aid~ (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".
2
...
-; Amend- 4. In clause (f) of sub-section (2) of section 41 f'ent ~f sec; ~r the principal Act, after the words ''alteration of J.~~ + :r certificates of registration", the words •·for making 1939. er ctanceUing an endorsement in respect of an agree- A OP•d·
ment of the
First Schc-
tlule to Act
' <>f 1959.
ment of hire•purchase or hypothecation on a cer- tificate of registration", shall be inserted.
5. In the Fiut Schedule to the principal Act,-
(a) in Form E, for the existing Note, the following Note shall be substituted, namely:-
"No~1 :-The motor vehicle above described is- , (iJ subject to a hire-purchase agreement with ...... ;
(ii) subject to a hypothecatior~ in favour of .. •••. ; .
(iii) not held under hire-purchase agree- ment or subject to any mortgage. (Strike out whatever is not applicable and, if the motor vehicle is subject to hire-pur- chase agreement or hypothecation, obtain the signature of the hire-purchase company or the mortgagee, as the case may be;.";
(b) in Form G, for the existing Note, the fol1owing Note shall be substituted, namely :--:-
.'Note-The Motor vehicle above described is-
(i) subject to a hir~purcbase agreement with ...... ;
(ii) subject to a hypothecation in favour of .••••• ;
P. C. DAS,
Jt. Secy. to the Govt. of Assam, Law D~ptt. ... ---
3