Motor Vehicles Act Section 55 — Cancellation of registration
CHAPTER IV REGISTRATION OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) says that if a motor vehicle is destroyed or becomes permanently unfit for use, the owner must report this to the registering authority in whose area the owner lives or has a place of business where the vehicle is normally kept. This report must be made within fourteen days, or as soon as possible, and the owner must also send the vehicle's registration certificate to that authority.
Sub-section (2) states that if the registering authority receiving the report is the original registering authority, it will cancel the registration and the certificate of registration. If it is not the original registering authority, it will forward the report and the certificate to the original registering authority, which will then cancel the registration.
Sub-section (3) allows any registering authority to order an examination of a motor vehicle within its jurisdiction by an authority appointed by the State Government. After the examination, and after giving the owner a chance to make a representation by sending a notice by registered post with acknowledgement due to the owner's address in the registration certificate, if the authority is satisfied that the vehicle is incapable of being used, or its use in a public place would be a danger to the public, and it is beyond reasonable repair, the authority may cancel the registration.
Sub-section (4) says that if a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.
Sub-section (5) states that if a registering authority is satisfied that the registration of a motor vehicle was obtained on the basis of documents that were false in any material particular, or on the basis of a representation of facts that was false in any material particular, or if the engine number or chassis number embossed on the vehicle are different from those entered in the certificate of registration, the registering authority shall cancel the registration. This is done after giving the owner an opportunity to make a representation by sending a notice by registered post with acknowledgement due to the owner's address in the registration certificate, and the reasons for cancellation must be recorded in writing.
Sub-section (5A) says that if any registering authority or other prescribed authority has reason to believe that a motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may cancel the certificate of registration of the vehicle for a period of one year, after giving the owner an opportunity to make a representation in writing. The proviso to this sub-section states that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.
Sub-section (6) requires that a registering authority cancelling the registration of a motor vehicle under section 54 or under this section must communicate this fact in writing to the owner of the vehicle, and the owner must forthwith surrender the certificate of registration to that authority.
Sub-section (7) says that a registering authority making an order of cancellation under section 54 or under this section must, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records. If it is not the original registering authority, it must 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.
Sub-section (8) defines the expression "original registering authority" in this section and in sections 41, 49, 50, 51, 52, 53 and 54 as the registering authority in whose records the registration of the vehicle is recorded.
Sub-section (9) states that in this section, "certificate of registration" includes a certificate of registration renewed under the provisions of this Act.
Official 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 that 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. 1[
(5A) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year:
Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.]
(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, 51, 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.