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No Objection Certificate – NOC


 

No Objection Certificate – NOC


 

No Objection Certificate (NOC) is a legal document issued by an organisation, institute, or an individual to say that they have no objection to the mentioned details in the document. It can be used for employment, trade, litigation, immigration, and many other purposes to nullify any party’s objection.

 

When is a NOC issued?

In India, a NOC may be issued by an employer, employee, landlord, tenant, or individual as a legal document. It can be used while:

  • Making a trade
  • An offer
  • Business of any kind

This legal document can be used for or against in a court of law. No Objection Certificate usually consists of basic details of the parties involved, and it is addressed to whosoever is concerned.

Let us take an example where a company rents a building to operate its business. In this case, the company must get a NOC from the building owner stating that the owner has no objection for the company to operate its business in the building. After obtaining the NOC from the building owner, the company can use the rented building as its official address and run its business from the building. This NOC has to be submitted to the Registrar of Companies while registering the company.

Let us take another example where NOC is widely used, i.e. when a person wants to transfer a registered vehicle in a different state, say in Maharashtra, to be used in a different state, say in Karnataka. In this case, the vehicle seller must get a NOC from the Maharashtra Regional Transportation Officer (RTO) and issue the same to the vehicle buyer in Karnataka. This type of NOC states that the said vehicle has no prior traffic offences against it in Maharashtra. It also states if there is hypothecation against the vehicle in Maharashtra or not. The buyer of the vehicle must show this document when re-registering the vehicle in Karnataka.

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Instances where NOC is required

Below are a few instances where a NOC is required:

  • NOC for property transfer
  • NOC for court purposes
  • NOC for vehicle transfer from one state to another
  • NOC for a visa (employees and students)
  • NOC of GST registration
  • NOC from landlord for business establishment
  • NOC for leaving a job (issued by employer)
  • NOC for banking requirement
  • NOC for leaving a course of study
  • NOC for attending an event or conference
  • NOC for going on a tour

How to apply for NOC?

The application of NOC differs depending on the required purpose and the person issuing it. For instance, NOC bank purposes will be issued by the bank in their respective format, NOC for GST Registration will be issued by the premises owner, NOC for a vehicle will be issued by the respective RTOs, NOC for jobs will be issued by the employer in their official company/business letter, NOC for studies will be issued by the educational institution in their official letter. 

A business establishment, such as a sole proprietorship, partnership firm, Limited Liability Partnership (LLP) or company, requires NOC when they start the business on a rented land or building. The business establishment must get the NOC from the owner of the rented/leased premises or building stating that the owner has no objection to start and operate the business on his/her land or building.  

Below is the process to get NOC for business establishment:

  • The business owners, partners or promoters must request the owner/landlord of the rented premise to give an NOC
  • The owner/landlord will give an NOC containing the following details:
    • Name of the owner/landlord of the rented premises
    • Address of the rented premises
    • Name of the proprietorship, partnership firm, LLP or company
    •  
    • Date and signature of the owner/landlord
  • The NOC for business establishment does not have any specific format. However, it needs to be a written document
  • The NOC given to the business owners, partners, or promoters may be required to submit it while registering the business

Documents required for the application of NOC

  • Identity proof (such as Aadhaar, voter ID, driver's license, etc.)
  • Address proof (such as Aadhaar, voter ID or utility bills not older than 2 months)
  • Other related documents

What is the validity of a NOC?

The validity of the NOC varies for the purpose for which it is issued. It may be valid for six months, one year, five years or till the purpose is fulfilled for which it is issued.

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Frequently Asked Questions

The NOC establishes no objection 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.

When a person applies for a home loan or vehicle loan, it is necessary to obtain a NOC from the bank on the closure of the loan account. A NOC from the bank must 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.


 

A NOC is a legal document issued from the regional RTO for the re-registration of a vehicle from one state to another. The NOC is an essential document that certifies that there are no dues of tax on the vehicle. However, if you are taking your vehicle for travelling in another state for less than three months, you are not required to obtain a NOC.

When a company takes a premises/property on rent or lease and intends to use the premises/property as a registered office, the company needs to get a NOC from the landlord. The NOC is an essential document that states that the landlord has no objection to renting the premises for a company. The NOC from the landlord must be submitted to the Registrar of Companies when applying for company registration

Yes. It is necessary to obtain a NOC from various authorities and government departments before constructing a building. High-rise apartments/buildings should have NOC from the fire department. After the building plan is reviewed and approved by the sanctioning authority for construction, the chief fire officer issues the NOC.

  • The car owner will need to go to the local RTO to submit the NOC application.
  • The completed CMV 28 form and other required documents must be submitted.
  • A fee of Rs.100 is required for the application of the NOC.
  • Upon receiving the application, the RTO will request a vehicle report from the police authority to determine whether the vehicle is engaged in any criminal cases or has been stolen.
  • A receipt of clearance is received, and a No Objection Certificate is provided if no outstanding dues or DSA proceedings are pending against the vehicle.
  • The RTO will issue the NOC Certificate in three business days.

The regulations allow you to apply for a refund for the initial road tax paid towards 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.


 

Usually NOC must be applied by visiting or requesting the employer, landlord, bank, university or the concerned authority or individual. However, NOC for vehicle related purposes can be applied online on the Parivahan portal by following the below process:

  • Visit the Parivahan portal.
  • Select ‘Vehicle Related Services’ under ‘Online Services’.
  • Select your current state where the vehicle is registered.
  • Enter the registration number of your vehicle, select RTO, then click on ‘Proceed’.
  • Navigate through the services and select ‘Application for No Objection Certificate’.
  • Enter the chassis number of your vehicle (last 5 digits only).
  • Enter the required details and upload the necessary documents.
  • Use the preferred digital payment method to pay the applicable fees.
  • Save your NOC application and the acknowledgement slip.
  • Take a printout of the application and acknowledgement receipt.
  • Pay any due road tax to ease the process of NOC approval.
  • Visit the RTO where your vehicle is registered with all required documents, application forms and the acknowledgement receipt.

Once you submit your application, the RTO officials will look into the status of dues or taxes associated with your vehicle. Also, the officials will verify the ownership of the vehicle and ensure that the vehicle has not been involved in any anti-social or illegal activities. After completing the process, the RTO will provide you with the NOC approval.

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

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