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Citedby 67 docs - [View All]
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[Complete Act]
Central Government Act
Section 34 in The Motor Vehicles Act, 1939
34. Cancellation of registration.
(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he' resides and shall forward to that authority the certificate of registration of the vehicle together with any token or card issued to authorise the use of the vehicle in a public place.
(2) The registering authority shall, if it is the original registering authority, cancel he registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration and the certificate of registration.
(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make 1[ (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration)] it is satisfied that the vehicle is in such a condition that 1[ it is incapable of being used or] its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration of the vehicle.
(4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of 2[ India], the registering authority shall cancel the registration.
(4A) 3[ If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, the registering authority shall after giving the owner an opportunity to make such 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 certificate of registration of the vehicle.]
(5) A registering authority cancelling the registration of a motor vehicle under section 33 or under this section shall communicate
1. Ins. by Act 100 of 1956, s. 30 (w. e. f. 16- 2- 1957 ).
2. Subs. by Act 3 of 1951, s. 3 and Sch., for" the States"
3. Ins. by Act 47 of 1978, s. 17 (w. e. f. 16- 1- 1979 ).
the 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 and any token or card issued to authorise the use of the vehicle in a public place.
(6) A registering authority making an order of cancellation 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.
(7) The expression" original registering authority" in this section and in sections 30, 31, 32 and 33 means the registering authority in whose records the registration of the vehicle is recorded.
(8) 3[ In this section," certificate of registration" includes a certificate of registration renewed under the provisions of this Act.]