Page 55 - The Motor Vehicles Act, 1988

SECTION 52 THE MOTOR VEHICLES ACT, 1988 41

1
[(11) A registering authority registering the new vehicle, or issuing the duplicate
certificate of registration or a no-objection certificate or a temporary certificate of
registration, or issuing or renewing, a fitness certificate or substituting entries relating
to another motor vehicle in the permit, shall intimate the financier of such transaction.
(12) The registering authority where it is not the original registering authority,
when making entry under sub-section (1) or sub-section (2), or cancelling the said entry
under sub-section (3) or issuing the fresh certificate of registration under sub-section
(5) shall communicate the same to the original registering authority.]

COMMENTS
Where the vehicle is concerned by hire-purchase agreement, no entry regarding transfer of
ownership will be made unless there is written consent of the person whose name has been
mentioned in the certificate of registration. But it does not operate as a bar in respect of transfer
of ownership.—Narayanan Nair v. Marriyakutty AIR 1992 Ker 371
The provisions have provided safeguards both to the transporters as well as financiers.
There being no discrimination, the provisions cannot be held to be unconstitutional.—Ajit Singh v.
State AIR 1985 J&K 18
2 [52. Alteration in motor vehicle

(1) No owner of a motor vehicle shall so alter the vehicle that the particulars
contained in the certificate of registration are at variance with those originally specified
by the manufacturer:
PROVIDED that where the owner of a motor vehicle makes modification of the
engine, or any part thereof, of a vehicle for facilitating its operation by different type of
fuel or source of energy including battery, compressed natural gas, solar power, liquid
petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such
modification shall be carried out subject to such conditions as may be prescribed:
3 [PROVIDED FURTHER that the Central Government may prescribe specifications,
conditions for approval, retrofitment and other related matters for the alteration of motor
vehicles and in such cases, the warranty granted by the manufacturer shall not be
considered as void for the purposes of such alteration or retrofitment:]
PROVIDED ALSO that the Central Government may grant exemption for alteration
of vehicles in a manner other than specified above, for any specific purpose.
4 [(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central
Government, alter or retrofit safety equipment, or any other equipment in accordance
with such standards and specifications as may be specified by the Central Government.]

1 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.
2 Substituted by Motor Vehicles (Amendment) Act, 2000 (27 of 2000), w.e.f. 11-8-2000.
3 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, proviso read as under:
“PROVIDED FURTHER that the Central Government may prescribe specifications, conditions
for approval, retrofitment and other related matters for such conversion kits:”
4 Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO
3110(E), dt. 28-8-2019.