LexThe Assam New Motor Cars (Control of Commercial Sales) Act, 1948 (Single Document)
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ASSAM ACT III OF 1948.
[Received the assent of the Governor on the 29th March, 1948.]
THE ASSAM NEW MOTOR CARS (CONTROL OF COMMERCIAL
SALES) ACT, 1948.
AN
ACT
to provide for control of commercial sales of new motor Cars
imported into Assam.
Preamble. WHEREAS it is expedient to provide for control of commercial
sales of new motor cars imported into Assam ;
It is hereby enacted as follows : -
Short title, extent,
commencement
and duration.
1.
(1) This Act may be called the Assam New Motor Cars (Control of
Commercial Sales) Act, 1948
(2) It extends to the whole of Assam.
(3) It shall come into force with effect from 1st April 1948 and
shall continue in force until the 31st day of March, 1949.
Definitions. 2.
In this Act, unless there is anything repugnant in the subject or
context-
(a) “dealer” means any person whose business includes the sale
of new motor cars imported into Assam ;
(b) “new motor car” includes every unused mot or car as defined
in the Motor Vehicles Act, 1939, which is in the possession
or under the control of a dealer for the purposes of sale in the
ordinary course of trade to the members of the public :
Provided that a motor car imported by a dealer for the
purposes of commercial sale shall be deemed to be new not -
withstanding that it has been used by the dealer for the pur -
poses of demonstration to intending purchasers ;
Act IV of
1939.
2
1[Provided further that no motor car of or below 10 H. P.
shall be deemed to be a new motor car for the purposes of
this Act.]
(c) “Provincial Motor Transport Controller” means the Officer
for the time being holding the post of the Provincial Motor
Transport Controller and includes any other officer
authorised by the Provincial Government to perform any of
the functions of the Provincial Motor Transport Controller
under this Act ; and
(d) Reference to sale and purchase and expressions cognate
thereto shall be deemed to include references-
(i) to agreements to sell or purchase a new motor car; and
(ii) to every obligation or act relating to any con - tract or
sale which is undertaken or performed by either party to
the transaction.
Restriction on
sale and
purchase.
3.
(1) No dealer shall sell or otherwise dispose of, and no person shall
purchase or otherwise acquire, a new motor car except under
and in accordance with a sale order and any directions and
conditions therein contained, issued in respect thereof by the
Provincial Motor Transport Con-troller.
(2) A sale order issued under sub -section (1) shall specify the
name of the person to whom the sale is per- mitted:
Provided that when it is found to the satisfaction of the
Provincial Motor Transport Controller that the motor car in
question has remained unsold after having been dis - played in
the dealer's show room or otherwise offered for sale for a
continuous period of not less than five weeks the Provincial
Motor Transport Controller may issue a sale order without
specifying the name of any purchaser.
Restriction on
registration.
4.
A new motor car shall not be registered by any Registering
Authority acting under the Motor Vehicles Act 1939, in respect of
which no Sale Order has been issued by the Provincial Motor
Transport Controller and a new motor car sold under a Sale Order
issued in favour of a particular person shall not be registered in the
name of any person other than the person specified as the
purchaser in the Sale Order.
Act IV of
1939.
1. Ins. by Assam Act No. XX of 1948.
3
Control over
prices.
5.
The Provincial Government may, by notification in the official
Gazette, fix the maximum retail price of every new motor car to
which this Act relates, and no dealer shall sell or offer for sale and
no person shall purchase or offer to purchase any new motor car at
a price exceeding the price fixed in relatio n thereto under the
provisions of this section.
Accessories and
fittings to
accompany cars.
6.
A new motor car shall be sold with all accessories and fittings
included in the specifications provided by the manufacturers or
agents by whom it was supplied as well as such other accessories
and fittings as are ordinarily supplied with new cars in accordance
with the custom of the trade.
Control over
resale price.
7.
No person who has acquired a new motor car from a dealer under
a Sale Order issued under section 3 shall transfer and move such
motor car from this province within a period of one year from the
date of acquisition without written permission from the Provincial
Motor Transport Controller or sell at a price exceeding that fixed
in r espect of such motor car under the provisions of section 5
Every person who has acquired a new motor car under a Sale
Order shall comply with any instruction that the Provincial Motor
Transport Controller may from time to time issue and furnish all
information relating to the car as may be required by the
Provincial Motor Transport Controller.
Dealers or sub-
dealers to furnish
particulars of
place of business.
8.
No dealer who has not intimated the Provincial Motor Transport
Controller full particulars of his place or places of business and
the makes and types of new motor cars in which he deals as well
as the business territory assigned to him in respect of each such
make or type on or before the 30th April 1947 shall be allowed to
sell new motor cars without approval of their appointment as such
by the Provincial Motor Transport Controller.
Information
relating to
availability of
motor cars for
sale.
9.
(1) Every dealer to whom new motor cars have been made
available by an importer or otherwise for the purposes of sale
shall immediately inform the Provincial Motor Transport
Controller of the fact, and shall furnish full particulars of the
make and type of such motor cars, their approximate date of
delivery, and all other information relevant to such new motor
cars as may be required by the Provincial Motor Transport
Controller.
(2) Every dealer shall furnish by the 7th day of each month to the
Provincial Motor Transport Controller an account of the sales
by him of new motor cars during the previous month.
4
(3) Every dealer shall keep such other records and furnish such
other returns in relation to new motor cars as the Provincial
Motor Transport Controller may from time to time by general
or special order require.
Display of list of
cars for sale and
their prices.
10.
Every dealer shall exhibit prominently at his business premises a
list showing particulars (including the retail price fixed under
section 5) of every new motor car available for sale and such list
shall be corrected from time to time to bring it in accord with
existing conditions.
Power to inspect
records.
11.
The Provincial Motor Transport Controller or an officer duly
authorised by him may enter the business premises of any dealer
and require such dealer or sub -dealer to produce for inspection all
records relating to new motor cars maintained by him, and to
submit for inspection all new motor cars in his possession.
Refusal to sell. 12.
No dealer shall refuse to sell or deliver on tender of the proper
price a new car to any person holding a Sale Order from the
Provincial Motor Transport Controller specifying such person as
the purchaser of such motor car.
Power to frame
rules.
13.
The Provincial Government may make rules for the purpose of
carrying out all or any of the provisions of this Act.
Validity of sale
orders already
issued.
14.
All Sale Orders issued by an appropriate authority under the
Assam New Motors Cars (Control of Commercial Sales) Act,
1947, shall be deemed to have been issued by an appropriate
authority under the relevant provisions of this Act.
Assam
Act IV of
1947.
Penalties. 15.
(1) Any person who contravenes any provision of this Act shall be
punishable with imprisonment for a term which may extend to
three years, or with fine, or with both.
(2) An attempt to commit a breach of any provision of this Act and
any abetment of such breach shall be punish- able as if such act
were a contravention of the provisions of this Act.