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MVA, 1988
Start Practicing
MVAChapter IVSection 55
Section55

Cancellation of registration

AI Assist

Summary

If a motor vehicle is destroyed or permanently incapable of use, the owner must report it within 14 days to the registering authority where they live or normally keep the vehicle and forward the certificate of registration. The original registering authority will cancel the registration; other authorities must send the report and certificate to the original authority for cancellation. Registration can also be cancelled after an inspection if the vehicle is beyond reasonable repair or dangerous, or if it has been permanently removed from India, or if registration was obtained by false documents or wrong engine/chassis numbers. After cancellation the owner must surrender the certificate of registration.

Example

Priya's scooter was badly damaged in a flood and cannot be used. She reports the loss to the registering authority in her area within 14 days and sends the certificate of registration. The authority cancels the registration and Priya surrenders the certificate.

Bare Act

Enacted text

(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 the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the 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 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 such a condition that it 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 embossed 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 representation 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 cancelling the registration of a motor vehicle 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, 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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IV

Chapter IV

Registration of Motor Vehicles

In this chapter

  • 39Necessity for registration
  • 40Registration, where to be made
  • 41Registration, how to be made
  • 42Special provision for registration of motor vehicles of diplomatic officers, etc
  • 43Temporary registration
  • 44Production of vehicle at the time of registration
  • 45Refusal of registration or renewal of the certificate of registration
  • 46Effectiveness in India of registration
  • 47Assignment of new registration mark on removal to another State
  • 48No objection certificate
  • 49Change of residence or place of business
  • 50Transfer of ownership
  • 51Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
  • 52Alteration in motor vehicle
  • 53Suspension of registration
  • 54Cancellation of registration suspended under section 53
  • 55Cancellation of registration
  • 56Certificate of fitness of transport vehicles
  • 57Appeals
  • 58Special provisions in regard to transport vehicles
  • 59Power to fix the age limit of motor vehicle
  • 60Registration of vehicles belonging to the Central Government
  • 61Application of Chapter to trailers
  • 62Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
  • 63Maintenance of State Registers of Motor Vehicles
  • 64Power of Central Government to make rules
  • 65Power of State Government to make rules
Previous · Section 54Cancellation of registration suspended under section 53Next · Section 56Certificate of fitness of transport vehicles