The Motor Vehicles Act, 1988
55.
Cancellation of registration.
- 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 that authority the certificate of registration of the vehicle.
- 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.
- Any
registering authority may order the examination of a
motor vehicle within its jurisdiction by such authority as the State
Government may be 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.
- If a
registering authority is satisfied that a motor vehicle has been
permanently removed out of India, the
registering authority shall cancel the registration.
- 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.
- A registering
authority canceling the registration of 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.
- 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.
- The
expression "original registering authority" in
this section and in sections 41,49,50,51,52,53 and 54 means
the registering authority in whose records the registration of the vehicle is
recorded.
- In this
section, "certificate of registration" includes a certificate
of registration renewed under the provisions of this Act.