Motor Vehicles Act Section 53 — Suspension of registration
CHAPTER IV REGISTRATION OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) sets out when a registering authority or another prescribed authority can suspend a vehicle's certificate of registration. This can happen if the authority believes the vehicle is in a condition that would be dangerous to the public if used on a public road, or if it does not meet the requirements of the Act or its rules. It can also happen if the vehicle has been or is being used for hire or reward without a valid permit for that purpose. Before suspending the registration, the authority must give the owner a chance to make a representation, by sending a notice by registered post with acknowledgement due to the owner's address as recorded in the certificate of registration. The authority must also record its reasons in writing for the suspension.
Under clause (a) of sub-section (1), if the suspension is because the vehicle is dangerous or does not comply with the Act or rules, the suspension lasts until the defects are fixed to the authority's satisfaction. Under clause (b) of sub-section (1), if the suspension is because the vehicle was used for hire or reward without a valid permit, the suspension lasts for a period not exceeding four months.
Sub-section (2) says that if the authority making the suspension order is not the registering authority, it must inform the registering authority in writing about the suspension and the reasons for it. This information must be sent to the registering authority within whose jurisdiction the vehicle is located at the time of the suspension.
Sub-section (3) deals with a situation where a vehicle's registration has been suspended continuously for at least one month. In that case, the registering authority within whose jurisdiction the vehicle was when the suspension happened must inform the original registering authority of the suspension, if it is not the same authority.
Sub-section (4) requires the owner of a motor vehicle to surrender the certificate of registration when asked to do so by the registering authority or other prescribed authority that suspended the registration.
Sub-section (5) states that a surrendered certificate of registration will be returned to the owner only when the order suspending the registration has been rescinded, and not before that time.
Official Text
(1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction—
(a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or
(b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making 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), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle—
(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and
(ii) in any case falling under clause (b), for a period not exceeding four months.
(2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.
(3) Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension.
(4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration.
(5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before.