| 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 |
