Page 58 - The Motor Vehicles Act, 1988
P. 58

44  THE MOTOR VEHICLES ACT, 1988                               SECTION 56

                          representation as 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), and
                          for reasons to be recorded in writing, cancel the registration.
                               1 [(5A) If any registering authority or other prescribed authority has reason to
                          believe that any motor vehicle within its jurisdiction has been used in the commission
                          of an offence punishable under section 199A, the authority may, after giving the owner
                          an opportunity of making a representation in writing, cancel the certificate of registration
                          of the vehicle for a period of one year:
                               PROVIDED that the owner of the motor vehicle may apply for fresh registration
                          in accordance with the provisions of section 40 and section 41.]
                               (6) A registering authority cancelling the registration of a motor vehicle under
                          section 54 or under this section shall communicate such fact in writing to the owner of
                          the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the
                          certificate of registration of the vehicle.
                               (7) A registering authority making an order of cancellation under section 54 or
                          under this section shall, if it is the original registering authority, cancel the certificate of
                          registration and the entry relating to the vehicle in its records, and, if it is not the original
                          registering authority, forward the certificate of registration to that authority, and that
                          authority shall cancel the certificate of registration and the entry relating to the motor
                          vehicle in its records.
                               (8) The expression “original registering authority” in this section and in sections
                          41,49, 50, 52, 53 and 54 means the registering authority in whose records the registration
                          of the vehicle is recorded.
                               (9) In this section “certificate of registration” includes a certificate of registration
                          renewed under the provisions of this Act.
                          56. Certificate of fitness of transport vehicles
                               (1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be
                          deemed to be validly registered for the purposes of section 39, unless it carries a certificate
                          of fitness in such form containing such particulars and information as may be prescribed
                          by the Central Government, issued by the prescribed authority, or by an authorized
                          testing station mentioned in sub-section (2), to the effect that the vehicle complies for
                          the time being with all the requirements of this Act and the rules made thereunder:
                               PROVIDED that where the prescribed authority or the “authorised testing station”
                          refuses to issue such certificate, it shall supply  the owner of the vehicle with its reasons
                          in writing for such refusal:
                               2
                               [PROVIDED FURTHER that no certificate of fitness shall be granted to a vehicle,
                          after such date as may be notified by the Central Government, unless such vehicle has
                          been tested at an automated testing station.]





                          1   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.
                          2.  Inserted 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.
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