Page 49 - The Motor Vehicles Act, 1988

SECTION 48 THE MOTOR VEHICLES ACT, 1988 35

PROVIDED that action under section 177 shall be taken against the owner where
the owner fails to pay the said amount.
(6) Where the owner has paid the amount under sub-section (5), no action shall be
taken against him under section 177.
(7) For the purposes of sub-section (5), the State Government may prescribe
different amounts having regard to the period of delay on the part of the owner in
making an application under sub-section (1).
48. No objection certificate
(1) The owner of a motor vehicle when applying for the assignment of a new
registration mark under sub-section (1) of section 47, or where the transfer of a motor
vehicle is to be effected in a State other than the State of its registration, the transferor of
such vehicle when reporting the transfer under sub-section (1) of section 50, shall make
an application in such form and in such manner as may be prescribed by the Central
Government to the registering authority by which the vehicle was registered for the
issue of a certificate (hereafter in this section referred to as the no-objection certificate),
to the effect that the registering authority has no objection for assigning a new registration
mark to the vehicle or, as the case may be, for entering the particulars of the transfer of
ownership in the certificate of registration.
(2) The registering authority shall, on receipt of an application under sub-section
(1), issue a receipt in such form as may be prescribed by the Central Government.
(3) On receipt of an application under sub-section (1), the registering authority
may, after making such inquiry and requiring the applicant to comply with such
directions as it deems fit and within thirty days of the receipt thereof, by order in writing,
communicate to the applicant that it has granted or refused to grant the no-objection
certificate:
PROVIDED that a registering authority shall not refuse to grant the no-objection
certificate unless it has recorded in writing the reasons for doing so and a copy of the
same has been communicated to the applicant.
(4) Where within a period of thirty days referred to in sub-section (3), the registering
authority does not refuse to grant the no-objection certificate or does not communicate
the refusal to the applicant, the registering authority shall be deemed to have granted
the no objection certificate.
(5) Before granting or refusing to grant the no-objection certificate, the registering
authority shall obtain a report in writing from the police that no case relating to the
theft of the motor vehicle concerned has been reported or is pending, verify whether all
the amounts due to government including road tax in respect of that motor vehicle
have been paid and take into account such other factors as may be prescribed by the
Central Government.
1
[(6) The owner of the vehicle shall also inform at the earliest, in writing, the
registering authority about the theft of his vehicle together with the name of the police
station where the theft report was lodged, and the registering authority shall take into
account such report while disposing of any application for no-objection certification,
registration, transfer of ownership or issue of duplicate registration certificate.]

1 Inserted by Act 54 of 1994, w.e.f. 14-11-1994.