Page 106 - The Central Motor Vehicles Rules, 1989
P. 106

78              THE CENTRAL MOTOR VEHICLES RULES, 1989           RULE 58

                                 57. Transfer of ownership of vehicle purchased in public auction
                                      (1) The person who has acquired or purchased a motor vehicle at a public auction
                                                                                                       57
                                 conducted by or on behalf of the Central Government or a State Government shall make
                                 an application in Form 32 within thirty days of taking possession of the vehicle to the
                                 registering authority accompanied by—
                                        (a) the appropriate fee as specified in rule 81;
                                        (b) the certificate of registration and insurance;
                                        (c) the certificate or order confirming the sale of the vehicle in his favour duly
                                                                                          1
                                            signed by the person authorised to conduct the auction;  [xxx]
                                        (d) the certified  copy of the order  of  the  Central Government or State
                                                                                2
                                            Government authorising the auction of the  [vehicle; and]
                                       3
                                       [(e) driving licence and permit in case of transfer of ownership of E-rickshaw
                                            and E-cart.]
                                       4
                                        [(f) proof of identity of nominee, if any.]
                                      (2) Where the vehicle auctioned is a vehicle without any registration mark or with
                                 a registration mark which on verification is found to be false, the registering authority
                                 shall, subject to the provisions of section 44, assign a new registration mark to the vehicle
                                 in the name of the Department of the Central Government or State Government
                                 auctioning the vehicle and thereafter record the entries of transfer of ownership of the
                                 vehicle giving the name and address of the person to whom the vehicle is sold:
                                      5
                                      [PROVIDED that motor vehicle in the name of the Central Government or State
                                 Government shall not be transferred by the concerned registering authority without
                                 verifying the proceeding of the auction or disposal of the concerned vehicle.]
                                 58. No-objection certificate
                                                                                                       58
                                      (1) An application for the issue of a no-objection certificate under section 48 in
                                                                   6
                                 respect of a motor vehicle shall be made  [by the owner of a motor vehicle or authorised
                                 dealer of registered vehicles] in Form 28 to the registering authority by which the vehicle
                                 was previously registered, accompanied by—
                                        (a) the certified copy of the certificate of registration;
                                        (b) the certified copy of the certificate of insurance;
                                        (c) evidence of payment of motor vehicle tax up-to-date;
                                        (d) where no tax is payable for a certain period a certificate from the tax
                                            collecting authority that no tax is due from the vehicle for the said period.
                                      (2) In the case of a transport vehicle, in addition to the documents referred to in
                                 sub-rule (1), documentary evidence in respect of the following matters shall also be
                                 furnished, namely,—
                                        (a) that the vehicle is not covered by any permit issued by any transport
                                            authority;
                                        (b) that the sum of money agreed upon to be paid by the holder of the permit
                                            under sub-sections (5) and (6) of section 86, if any, is not pending recovery;

                                 1  Word “and” omitted vide GSR 709(E), dt. 8-10-2014, w.e.f. 8-10-2014.
                                 2  Substituted for “vehicle”, ibid.
                                 3  Insaerted, ibid.
                                 4  Inserted vide GSR 277(E), dt. 8-4-2021, w.e.f. 16-4-2021.
                                 5  Inserted by CMV (Amdt.) Rules, 2004 vide GSR 111(E), dt. 10-2-2004, w.e.f. 10-2-2004.
                                 6  Inserted vide GSR 901(E), dt. 22-12-2022, w.e.f. 1-4-2023.
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