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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


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