Page 126 - The Motor Vehicles Act, 1988
P. 126

42     THE MOTOR VEHICLES ACT, 1988                            SECTION 53
                               1 [(2) Notwithstanding anything contained in sub-section (1), any person may, with
                          the subsequent approval of the registering authority, alter or cause to be altered any
                          vehicle owned by him to be converted into an adapted vehicle:
                               PROVIDED that such alteration complies with such conditions as may be prescribed
                          by the Central Government.]
                               (3) Where any alteration has been made in motor vehicle without the approval of
                                            2
                          registering authority  [xxx], the owner of the vehicle shall, within fourteen days of the
                          making of the alteration, report the alteration to the registering authority within whose
                          jurisdiction he resides and shall forward the certificate of registration to that authority
                          together with the prescribed fee in order that particulars of registration may be entered
                          therein.
                               (4) A registering authority other than the original registering authority making
                          any such entry shall communicate the details of the entry to the original registering
                          authority.
                               (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person
                          holding a vehicle under a hire-purchase agreement shall make any alteration to the
                          vehicle except with the written consent of the registered owner.
                               Explanation : For the purpose of this section, “alteration” means a change in the
                          structure of a vehicle which results in a change in its basic feature.]
                          53. Suspension of registration
                               (1) If any registering authority or other prescribed authority has reason to believe
                          that any motor vehicle within its jurisdiction—
                                 (a) is in such a condition that its use in a public place would constitute a danger
                                     to the public, or that it fails to comply with the requirements of this Act or
                                     of the rules made thereunder, or
                                 (b) has been, or is being, used for hire or reward without a valid permit for
                                     being used as such,
                          the authority may, after giving the owner an opportunity of making 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), for reasons
                          to be recorded in writing, suspend the certificate of registration of the vehicle—
                                 (i) in any case falling under clause (a), until the defects are rectified to its
                                     satisfaction; and
                                 (ii) in any case falling under clause (b), for a period not exceeding four months.



                          1   Substituted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide
                              SO  1433(E), dt. 31-3-2021.  Prior to substitution, sub-section (2) read as under:
                              “(2) Notwithstanding anything contained in sub-section (1), a State Government may, by
                              notification in the Official Gazette, authorise, subject to such conditions as may be specified in
                              the notification, and permit any person owning not less than ten transport vehicles to alter any
                              vehicle owned by him so as to replace the engine thereof with engine of the same make and type,
                              without the approval of registering authority.”
                          2   Words “or by reason of replacement of its engine without such approval under sub-section (2)”
                              omitted, ibid.
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