In this article, we take a look at what a no objection certificate (NOC) is in the legal context, what its purpose is, and when it can be used.
A no objection certificate, as the name suggests, is a document in which an individual or any other legal entity makes a legal and explicit declaration about having no objection to a certain activity or proceeding, the consequences of which may affect them. It is more or less like a waiver but more commonly used for commercial purposes.
It is not usually addressed to any one person but is addressed to ‘whomsoever it may be concerned’ implying a general declaration. A NOC does not require to be made on stamp paper. It is, however, advisable to get it witnessed and notarised because a NOC is a document that can be produced as evidence in a court of law and if it is duly witnessed and notarised, its validity cannot be questioned.
The NOC establishes No Objection Certificate by an individual, company, bank, or landlord for doing/executing something. Since it can be produced in courts to prove your innocence, a NOC will help you avoid any legal troubles. Once issued, a NOC is valid for six months.
When Is a No Objection Certificate (NOC) Issued?
The specific circumstances under which a NOC is issued can vary depending on the context and the country in which it is being used. For example, in India, a NOC is often required for obtaining licenses, visas, or permits for certain activities, such as acquiring property, starting a business, or transferring a vehicle ownership. In other countries, No Objection Certificate may be required for activities such as installing or operating a commercial or industrial facility, or for cultural or sporting events.
It’s important to note that a NOC is not a guarantee of approval or endorsement but rather a statement that the issuing entity has NOC to the proposed action or decision.
How to Apply for a NOC Online in India?
To apply for a No Objection Certificate online in India, you can follow the steps below:
- Determine the Type of NOC You Require: There are different types of NOCs available in India, such as NOC for passport, NOC for driving license, NOC for vehicle transfer, NOC for arms license, etc.
- Identify the Issuing Authority: Depending on the type of NOC you require, the issuing authority may vary. For example, the Regional Transport Office (RTO) is the issuing authority for NOC for vehicle transfer, while the police department is the issuing authority for NOC for arms license.
- Gather Required Documents: You will need to have certain documents ready, such as identity proofs, address proof, and relevant certificates or licenses. The specific documents required will vary depending on the type of NOC you are applying for.
- Visit the Official Website: Visit the official website(parivahan.gov.in) of the issuing authority and find the online application process for No Objection Certificate.
- Fill Out the Application Form: Fill out the online application form with the required details and attach the required documents.
- Submit the Application: Submit the completed application form and make the payment (if applicable) for processing the NOC.
- Track the Status of Your Application: You can track the status of your NOC application online by logging into the official website.
Note: The exact process may vary depending on the issuing authority and the type of NOC you are applying for. It is always advisable to check the official website of the issuing authority for the most up-to-date information.
No Objection Certificate (NOC) for Registering a Company
This is very common, especially with start-ups, who begin their companies from their homes. If you are starting a business and want to give your registered address as your home, then you need to obtain an NOC from the person in whose name the house is registered. It could be a family member or the landlord if you are living on rent. This practice is common because the registered address is not necessarily the place of business. It is only an address for correspondence. This arrangement makes the easier to start a business as compared to the alternative where you might first have to acquire a space to start a business.
No Objection Certificate(NOC) for Immigration With Vehicle
When an individual relocates, they may choose to take their vehicle along with them for the purpose of local commute. Now, if you are only relocating for a short period, or more specifically for a period less than three months, then there is no need to re-register the vehicle. However, if you are relocating for a period of more than a year, then the vehicle needs to be re-registered with the local RTO. And this involves getting a No Objection Certificate or NOC from the RTO where the vehicle is registered. This NOC will state that the vehicle has no dues or traffic offenses against it. The process for the application is as follows:
- The individual applying for NOC has to visit the local RTO for the submission of the NOC application.
- Along with the required documents, a form called CMV 28 has to be submitted.
- A fee of ₹100 has to be paid.
- After the submission of the application, a report by the police is sent to the RTO regarding the traffic or legal offenses against the vehicle.
- In case of no pending issues, a clearance receipt is provided, and the NOC is issued.
- After the No objection certificate application is approved, the RTO will provide the No Objection Certificate within three days.
The list of documents that have to be submitted along with the NOC application are as follows:
- Registration certificate
- Insurance certificate
- Permit certificate
- PUC (Pollution under control) certificate
- Address proof along with identity proof of the vehicle owner has to be submitted.
No Objection Certificate for Banking Purposes
When a person has taken a loan for personal purposes such as a home loan or a vehicle loan and the loan dues have been paid back, it is necessary to obtain a NOC from the bank declaring that all dues have been met and the loan account is henceforth closed. This is in lieu of a receipt or an invoice when a payment is made for something. A NOC from the bank is necessary to complete the required loan closure formalities. The NOC for the home or vehicle loan is a legal document stating that the borrower has paid all the loan EMIs and settled other outstanding loan dues.
No Objection Certificate (NOC) for Building Construction
When undertaking a construction project for a building it is mandatory to obtain a NOC from various authorities and government departments before beginning the construction. High-rise apartments/buildings require a No Objection Certificate from the fire department as well. After the building plan is reviewed and approved by the sanctioning authority for construction, the chief fire officer issues the NOC.
No Objection Certificate or Road Tax Refund
The regulations allow you to apply for a refund for the initial road tax paid toward the vehicle’s registration. The date to apply for a refund varies by state. However, it can be started as soon as you get your NOC and transfer to another state or union territory. Only the initial or original owner of the car is eligible for a refund. Consult the local RTO’s rules to learn more about the refund process.
Conclusion
While the above-stated situations are just some of the more common circumstances where a No Objection Certificate is mandatorily required, a NOC is a general document that can be used for any purpose wherever you are seeking the permission of a third party to conduct an activity that has a bearing on that party. Once they give the No Objection Certificate, then the document becomes a legal document and can indemnify the holder of the document from legal prosecution. If you have any further queries with regards to NOC or need help with drafting a NOC, get in touch with our team of legal experts who will get in touch with you to understand your needs and help you with your requirements.
