The Motor Vehicles Act, 1988
48. No
objection certificate.
- The
owner of a motor vehicle when applying for the assignment of a new registration
mark under sub- section (1) of section 47 or where the transfer of a motor
vehicle is to be effected in a State other than the State of
its registration, the transferor of such vehicle when reporting the
transfer under sub- section (1) of section 50 shall make an application in
such form and in such manner as may be prescribed by the Central
Government to the registering authority by which the vehicle
was registered for the issue of a certificate (hereafter
in this section referred to as the no objection certificate),
to the effect that the registering authority has
no objection for assigning a new registration mark to the vehicle
or, as the case may be, for entering the particulars of the transfer
of ownership in the certificate of registration.
- The
registering authority shall, on receipt of an application under sub-section
(1), issue a receipt in such form as
may be prescribed by the Central Government.
- On
receipt of an application under sub-section (1),
the registering authority may, after making such inquiry and requiring the
applicant to comply with such directions as it deems fit and
within thirty days of the receipt thereof, by order in writing,
communicate to the applicant that it has granted or
refused to grant the no objection certificate:
Provided that
a registering authority shall not refuse to grant the no objection
certificate unless it has recorded in writing the reasons for doing so and
a copy of the same has been communicated to the applicant.
- Where
within a period of thirty days referred to in sub-
section (3), the registering authority does not refuse to grant the no objection
certificate or does not communicate the refusal to
the applicant, the registering authority shall be deemed to have
granted the no objection certificate.
- Before
granting or refusing to grant the no
objection certificate, the registering authority shall
obtain a report in writing from the police that no case
relating to the theft of the motor vehicle concerned has been reported or
is pending, verify whether all the amounts due to Government
including road tax in respect of that motor vehicle have been
paid and take into account such other
factors as may be prescribed by the Central Government.
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