| | |
Report No. 168
The Hire-Purchase Act, 1972
| Contents | |
| Chapter I | Introductory |
| 1.1 | The subject |
| 2. | The Genesis of the report |
| 3,4. | Growth of Hire-Purchase transactions |
| 5. | Certain important cases relating to hire-purchase decided by courts in India |
| Chapter II | Analysis of Views on Questionnaire |
| Part I | Analysis of Views on Questionnaire |
| 2.1 | Views of respondents considered |
| 2 to 6. | Views regarding dropping of Hire-Purchase Act and introduction of Consumer Credit Act on the Pattern of the British and Australian enactments, examined |
| Part II | Conclusions and Recommendations |
| 7. | Section 2(c) |
| 8 to 10. | Section 2(d) |
| 11. | Section 4 |
| 12. | Section 7 |
| 13. | Proposed section 7A |
| 14. | Section 9 |
| 15. | Section 10 |
| 16. | Section 11 |
| 17. | Section 12 |
| 18,19. | Sections 13,14 |
| 20,21 | Sections 15,16 |
| 22. | Section 17 |
| 23. | Section 18 |
| 24. | Section 19 |
| 25. | Section 20 |
| 26. | Section 21 |
| 27. | Section 22 |
| 28. | Section 23 |
| 29. | Section 24 |
| 30. | Section 25 |
| 31. | Sections 26 and 27 |
| 32. | Section 28 |
| 33,34. | Sections 29,30 |
| 35. | Section 31 |
| Annexure A | The Hire-Purchase (Amendment) Bill, 1999 (Bill No. of 1999) |
| 1. | Short title and commencement |
| 2. | Amendment of section 2,3 |
| 3. | Amendment of section 4 |
| 4. | Amendment of section 7 |
| 5. | Insertion of new section 7A |
| 6. | Amendment of section 9 |
| 7. | Amendment of section 10 |
| 8. | Amendment of section 12 |
| 9. | Amendment of section 16 |
| 10. | Amendment of section 17 |
| 11. | Amendment of section 18 |
| 12. | Amendment of section 19 |
| 13. | Amendment of section 20 |
| 14. | Amendment of section 21 |
| 15. | Amendment of section 23 |
| 16. | Amendment of section 25 |
| 17. | Insertion of new sections 28A and 28B |
| 18. | Insertion of new sections 32 and 33 |
| Annexure B | The Hire-Purchase Act, 1972 |
| Chapter 1 | Preliminary |
| 1. | Short title, extent and commencement |
| 2. | Definitions |
| Chapter 2 | Form and Contents of Hire-Purchase Agreements |
| 3. | Hire-purchase agreement to be in writing and signed by parties thereto |
| 4. | Contents of hire-purchase agreements |
| 5. | Two or more agreements when treated as a single hire-purchase agreement |
| Chapter III | Warranties and Conditions, Limitation on Hire-Purchase Charges and Passing of Property |
| 6. | Warranties and conditions to be implied in hire-purchase agreements |
| 7. | Limitation on hire-purchase charges |
| 8. | Passing of property |
| Chapter IV | Rights and Obligations of The Hirer |
| 9. | Right of hirer to purchase at any time with rebate |
| 10. | Right of hirer to terminate agreement at any time |
| 11. | Right of hirer to appropriate payments in respect of two or more agreements |
| 12. | Assignment and transmission of hirer's right or interest under hire-purchase agreement |
| 13. | Obligations of hirer to comply with agreement |
| 14. | Obligation of hirer in respect of care to be taken of goods |
| 15. | Obligation of hirer in respect of use of goods |
| 16. | Obligation of hirer to give information as to whereabouts of goods |
| 17. | Rights of hirer in case of seizure of goods by owner |
| Chapter V | Rights and Obligations of The Owner |
| 18. | Rights of owner to terminate hire-purchase agreement for default in payment of hire or unauthorised Act or breach of express conditions |
| 19. | Rights of owner on termination |
| 20. | Restriction on owner's right to recover possession of goods otherwise than through Court |
| 21. | Relief against termination for non-payment of hire |
| 22. | Relief against termination for unauthorized act or breach of express condition |
| 23. | Obligation of owner to supply copies and information |
| Chapter VI | Miscellaneous |
| 24. | Discharge of price otherwise than by payment of money |
| 25. | Insolvency of hirer, etc |
| 26. | Successive hire-purchase agreements between same parties |
| 27. | Evidence of adverse detention in suit or application to recover possession of goods |
| 28. | Hirer's refusal to surrender goods not to be conversion in certain cases |
| 29. | Service of notice |
| 30. | Power to exempt from provisions of sections 6, 9, 10, 12 and 17 in certain cases |
| 31. | Act not to apply to existing agreement |
| 32. | Power to make rules |
| 33. | Power to remove difficulties |
| Annexure C | The Hire-Purchase (Amendment) Bill, 1989(Bill No. XII of 1989) |
| 1. | Short title and commencement |
| 2. | Amendment of section 2 |
| 3. | Amendment of section 3 |
| 4. | Amendment of section 4 |
| 5. | Amendment of section 7 |
| 6. | Amendment of section 9 |
| 7. | Amendment of section 10 |
| 8. | Amendment of section 12 |
| 9. | Amendment of sections 17 |
| 10. | Amendment of sections 18 |
| 11. | Amendment of section 19 |
| 12. | Amendment of section 20 |
| 13. | Amendment of section 21 |
| 14. | Amendment of section 23 |
| 15. | Amendment of section 25 |
| 16. | Insertion of new sections 32 and 33 |
| Statement of Objects and Reasons | |
| Memorandum Regarding Delegated Legislation | |
| Annexure | Extracts from The Hire-Purchase Act, 1972 (26 of 1972) |
| Definitions | |
| Chapter II | Forms and Contents of Hire-Purchase Agreements |
| Hire-purchase agreements to be in writing and signed by parties thereto | |
| Contents of hire-purchase agreements | |
| Limitation on hire-purchase charges | |
| Chapter IV | Rights and Obligations of The Hirer |
| Right of hirer to purchase at any time with rebate | |
| Right of hirer to terminate agreement at any time | |
| Assignment and transmission of hirer's right or interest under hire-purchase agreement | |
| Rights of hirer in case of seizure of goods by owner | |
| Chapter V | Rights and Obligations of The Owner |
| Rights of owner to terminate hire-purchase agreement for default in payment of hire or unauthorised Act or breach of express conditions | |
| Restriction on owner's right to recover possession of goods otherwise than through Court | |
| Relief against termination for non-payment of hire | |
| Obligation of owner to supply copies and information | |
| Insolvency of hirer, etc | |
| Annexure D | F. No. 6(3)(39)/96-L.C.(LS) |
| Questionnaire on Law of Hire-Purchase | |
| The above definition can be simplified and clarified as follows | |
| Questionnaire | |
| Annexure* | The Hire-Purchase Act, 1972 Arrangement of Sections |
| Contents | The Hire-Purchase Act, 1972 |
| Chapter 1 | Preliminary |
| 1. | Short title, extent and commencement |
| 2. | Definitions |
| Chapter II | Form and Contents of Hire-Purchase Agreements |
| 3. | Hire-purchase agreement to be in writing and signed by parties thereto |
| 4. | Contents of hire-purchase agreements |
| 5. | Two or more agreements when treated as a single hire-purchase agreement |
| Chapter III | Warranties and Conditions, Limitation on Hire-Purchase Charges and Passing of Property |
| 6. | Warranties and conditions to be implied to hire-purchase agreements |
| 7. | Limitation on hire-purchase charges |
| 8. | Passing of property |
| Chapter IV | Rights and Obligations of The Hirer |
| 9. | Right of hirer to purchase at any time with rebate |
| 10. | Right of hirer to terminate agreement at any time |
| 11. | Right of hirer to appropriate payments in respect of two or more agreements |
| 12. | Assignment and transmission of hirer's right or interest under hire-purchase agreement |
| 13. | Obligations of hirer to comply with agreement |
| 14. | Obligation of hirer in respect of care to be taken of goods |
| 15. | Obligation of hirer in respect of use of goods |
| 16. | Obligation of hirer to give information as to whereabouts of goods |
| 17. | Rights of hirer in case of seizure of goods by owner |
| Chapter V | Rights and Obligations of The Owner |
| 18. | Rights of owner to terminate hire-purchase agreement for default in payment of hire or unauthorised Act or breach of express conditions |
| 19. | Rights of owner on termination |
| 20. | Restriction on owner's right to recover possession of goods otherwise than through Court |
| 21. | Relief against termination for non-payment of hire |
| 22. | Relief against termination for unauthorized act or breach of express condition |
| 23. | Obligation of owner to supply copies and information |
| Chapter VI | Miscellaneous |
| 24. | Discharge of price otherwise than by payment of money |
| 25. | Insolvency of hirer, etc |
| 26. | Successive hire-purchase agreements between same parties |
| 27. | Evidence of adverse detention in suit or application to recover possession of goods |
| 28. | Hirer's refusal to surrender goods not to be conversion in certain cases |
| 29. | Service of notice |
| 30. | Power to exempt from provisions of sections 6, 9, 10, 12 and 17 in certain cases |
| 31. | Act not to apply to existing agreements |
