The MOTOR VEHICLES (ASSAM AMENDMENT) ACT, 1968

The 25th · April 1969 
No.LJL.55/68/lO.-The following Act of the Assam Legislative Assembl~ 
which received the assent of the President is hereby published for general 
information. 
ASSAM ACT VI OF 1969 
[Received the assent of the President on the 18th April, 1969 J 
THE MOTOR VEHICLES (ASSAM AME NDMENT) ACT, 1968 
(Published in the Assam Gazette Extraorciinary, dated the 26th April, 1969) 
An 
Act 
to amend · the Motor Vehicles Act, 1939, in its applicatio n 
to Assam. 
Preamble. Whereas it is expedient 
Vehicles Act, I 939, in its 
for the purposes arid rn 
appearing ; 
It is .hereby enacted in 
qf 'the Republic of India 
Assam, as follows:-
to amend the Motor 
application to ~ssam,Act 4 of 1939 the manner heremafter 
the . Nineteenth ] Year 
by the Legislature of 
~ho i 1titJe, 1. This Act may be called ~ the Moto< .V<::hicles 
(Assam Amendment) Act, 1968. 
Application . 2. The Motor Vehicles Act, 1939 (hereinafter refer-
red to as the principal Act), shall, in it~ application 
to Assam, be amended in the manner hereinafter 
provided. 
Insertion of 3. After section 31 of the principal Act, the follow­
new section ing shall be inserted as section 31 A, namely:·-
3IA in Act 
4of1939. · 
"Special 31A. (1) Where an application for registration of 
providsi .o n s a motor vehicle which is held under a hirP.·purchase 
regar I n g . d h . . h . h 11 motor vehi- agreement Is ma e, t e registering aut onty s a 
cles subject to make an entry in the certificate of registration 
hire-purchase regarding the existence of the said agreement. 
or hypothe_ 
cation agree-
ment. (2) Where any registered owner of a motor vehicle 
enters into a hire-purchase agreement and reports 
the transfer of ownership of the motor vehicle to the 
registering authority and makes an application . to it 
to have the existence of the hire-purchase agreement 
entered in the certificate, the registering authority 
shall make an entry to that effect in the certificate 
of registration. 
(3l An entry made under sub-secl;ion (1) or sub­
"ection (2) may be cancelled oy the registering 
authority on proof of the termination of the hire· 
purchase a~r ~ement. 
~ 4) :No entry regarding the transfer of ownership 
of any motor vehicle which is held under a hire· 
purchase agreement shall be µiade in the certificate 
of registration except with the written consent of 
the person with whom the registered owner has 
entered into a hire-purchas1: agreement. 
(5) Where any person with who rn the registered 
owner has entered into a hire-purchase agreement 
satisfies the registering authority that he has taken 
possession of the vehicle owing to the default of 
the registered owner under the provisions of the 
agreement and that the registered owner refuses to 
deliver the certificate of registration or has abscon­
ded, such authority may 1 after giving the registered 
owner an opportunity to make such representation 
as he may wish to make (by sending to him a 
notke by registued post acknowledgement due at 
his address entered in the certificate of registration) 
and notwithstanding that the certificate ofregistration 
is not produced before it, ~ancel the certificate and 
issue a duplicate thereof to the person au>re~aid~ 
(6] The provisions of sub-sections (lj to (5) shall 
so far as may be, apply to a . motor vehicle which 
is subject to hypothecation as they apply to any 
motor vehicle which is held under a hire-purchase 
agreement". 
... 
-; Amend- 4. In clause (f) of sub-section (2) of section 41 
f'ent ~f sec; ~r the principal Act, after the words ''alteration of 
J.~~ + :r certificates of registration", the words •·for making 
1939. er ctanceUing an endorsement in respect of an agree-
A OP•d· 
ment of the 
First Schc­
tlule to Act 
' <>f 1959. 
ment of hire•purchase or hypothecation on a cer­
tificate of registration", shall be inserted. 
5. In the Fiut Schedule to the principal Act,­
(a) in Form E, for the existing Note, the 
following Note shall be substituted, namely:-
"No~1 :-The motor vehicle above described is­
, (iJ subject to a hire-purchase agreement 
with ...... ; 
(ii) subject to a hypothecatior~ in favour 
of .. •••. ; . 
(iii) not held under hire-purchase agree­
ment or subject to any mortgage. 
(Strike out whatever is not applicable and, 
if the motor vehicle is subject to hire-pur­
chase agreement or hypothecation, obtain the 
signature of the hire-purchase company or the 
mortgagee, as the case may be;."; 
(b) in Form G, for the existing Note, the 
fol1owing Note shall be substituted, namely :--:­
.'Note-The Motor vehicle above described is­
(i) subject to a hir~purcbase agreement 
with ...... ; 
(ii) subject to a hypothecation in favour 
of .••••• ; 
P. C. DAS, 
Jt. Secy. to the Govt. of Assam, Law D~ptt. 
... ---

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