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 AMENDMENT) ACT, 1968

(Published in the Assam Gazette Extraorciinary, dated the 26th April, 1969)

##### An
Act

##### to amend · the Motor Vehicles Act, 1939, in its application
 to Assam.

Preamble. Whereas it is expedient to amend the Motor

Vehicles Act, I 939, in its application to ~ssam,Act 4 [of ]1939
for the purposes arid rn the manner heremafter

appearing ;

##### It is .hereby enacted in the. Nineteenth] Year

_qf 'the_ Republic of India by the Legislature of
Assam, as follows:-

~ho i 1titJe, 1. This Act may be called ~the Moto<.V<::hicles

(Assam Amendment) Act, 1968.


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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 may1 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".


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-; 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-

ment of hire•purchase or hypothecation on a cer- ...

tificate of registration", shall be inserted. ---

A OP•d· 5. In the Fiut Schedule to the principal Act,-

ment of the
First Schc- (a) in Form E, for the existing Note, the
tlule to Act following Note shall be substituted, namely:-
' <>f 1959.

"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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