Registration of motor vehicles temporary registration production of vehicle at the time of registration

Motor Vehicles Act – CHAPTER IV

REGISTRATION OF MOTOR VEHICLES

39.Necessity for registration.

No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.

40.Registration, where to be made.

Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicleto be registered by a registering authority in whose jurisdiction he has the residence or place of businesswhere the vehicle is normally kept.

Registration, how to be made

41.(1)An application by or on behalf ofthe ownerof amotor vehicle for registration shall be in such formand shall be accompanied by such documents, particulars and information andshall be made within such period as may be prescribed by the Central Government:

Provided thatwhere amotor vehicleis jointlyowned bymore persons thanone, theapplication shallbemadeby oneof them on behalf ofall the ownersand such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.

(2)Anapplication referredtoinsub-section(1)shallbe accompaniedbysuchfeeasmaybeprescribedbytheCentral Government.

(3)The registering authority shall issue to the owner of a motor vehicle registered by ita certificateof registration in such form and containingsuch particulars and information and in such manner as may be prescribed by the Central Government.

(4)In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify.

(5)The registering authority shall enter the particulars of the certificate referredto insub-section(3)inaregistertobe maintained in such form and manner as may be prescribed by the Central Government.

(6)Theregistering authorityshall assignto the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark)consisting ofone ofthe groups of such of those letters andfollowed bysuch lettersand figures as are allotted to the Stateby the Central Government from time to time by notification in theOfficial Gazette, and displayed and shown on the motor vehicle in suchform andin suchmanner as may be prescribed by the Central Government.

(7)Acertificate ofregistration issued under sub-section (3), beforeor after the commencement of this Act, in respect of a motor vehicle,other thana transport vehicle, shall, subject to the provisions containedin thisAct, bevalid onlyforaperiodof fifteen yearsfrom the date of issue of such certificate and shall be renewable.

(8)Anapplication byor onbehalf ofthe ownerofamotor vehicle, otherthan a transportvehicle,fortherenewal ofa certificate ofregistration shallbe made within such period and in such form, containing suchparticulars and information as may be prescribed by the Central Government.

(9)An application referredtoinsub-section(8)shallbe accompaniedbysuchfeeasmaybeprescribedbytheCentral Government.

(10)Subject to theprovisions ofsection 56,the registering authority may,on receiptof anapplication undersub-section (8), thecertificate ofregistration for a period of five years and intimate thefact to the original registering authority, if it is not the original registering authority.

(11)If the owner fails to make an application under sub-section (1), or,as thecase may be, under sub-section (8) within the period prescribed, theregisteringauthoritymay,havingregardtothe circumstances ofthe case,require theowner to pay, in lieu of any action thatmay betaken againsthim under section 177, such amount not exceedingone hundredrupees asmay beprescribedundersub-section (13):

Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

(12)Where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177.

(13)For the purposes of sub-section (11), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8).

(14)An application for the issue of a duplicate certificate of registration shall be made to the original registering authority in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government.

Special provision for registration of motor vehicles of diplomatic officers, etc.

42.(1)Where an application for registration of a motorvehicle ismade under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, anythingcontained insub-section (3) or sub-section (6) ofthat section,the registeringauthority shallregister the vehicle in such manner and in accordance with such procedure as may be provided byrules made in this behalf by the Central Government under sub-section (3)and shall assign to the vehicle for display thereon a special registrationmark in accordance with the provisions containedin thoserules andshall issueacertificate(hereafterinthis section referredto asthe certificateofregistration)thatthe vehicle hasbeen registeredunder thissection; andany vehicle so registered shallnot, solong asit remainsthepropertyofany diplomatic officeror consularofficer,requiretoberegistered otherwise under this Act.

(2)If any vehicle registered under this section ceases to be the propertyofanydiplomaticofficerorconsularofficer,the certificate of registration issued under this section shall also cease to beeffective, andthe provisionsof sections39 and40 shall thereupon apply.

(3)The Central Government may make rules for the registration of motor vehiclesbelonging to diplomatic officers and consular officers regarding theprocedure tobe followedby the registering authority for registeringsuch vehicles,the form in which the certificates of registrationofsuchvehiclesaretobeissued,themannerinwhichsuch certificates ofregistration areto besent tothe ownersofthe vehicles andthe specialregistration marksto beassigned to such vehicles.

(4)Forthe purposesof thissection, “diplomaticofficer” or “consular officer”means anyperson who is recognised as such by the Central Governmentand ifany question arises as to whether a person is oris notsuch an officer, the decision of the Central Government thereon shall be final.

43.Temporary registration.

(1)Notwithstanding anything contained insection 40the owner of a motor vehicle may apply to any registering authorityorotherprescribedauthoritytohavethe vehicle temporarilyregistered inthe prescribedmannerand for the issue in theprescribedmannerofa temporary certificate of registration and a temporary registration mark.

(2)A registration made under this sectionshall be valid only for a period not exceeding one month, and shall not be renewable:

Provided that where a motor vehicle so registered is a chassis to which abody hasnot beenattached andthe sameis detainedin a workshop beyondthe saidperiod of one month for being fitted with a body, theperiod may,on paymentof suchfees, ifany, asmay be prescribed, beextended bysuch furtherperiod orperiodsasthe registering authorityor otherprescribed authority, as the case may be, may allow.

44.Production of vehicle at the time of registration.

The registering authorityshall beforeproceeding toregisteramotor vehicle or renew the certificate of registration in respect of a motor vehicle,otherthan atransport vehicle, require the person applying for registrationof thevehicle or, as the case may be, for renewing the certificateof registrationto produce the vehicleeither before itself orsuch authority as the State Government may by order appoint in orderthat theregistering authoritymay satisfy itself that the particulars contained in the application are true and that the vehicle complies withthe requirementsof thisAct andof therulesmade thereunder.

45.Refusal of registration or renewal of the certificate of registration.

The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case,the registeringauthority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made there under, orif theapplicant failsto furnish particulars of any previousregistration of the vehicle or furnishesinaccurate particulars inthe application for registration of the vehicle or, as the casemay be,for renewalofthecertificateorregistration thereof andthe registeringauthority shallfurnishtheapplicant whose vehicleisrefusedregistration,orwhoseapplicationfor renewal ofthe certificate of registration is refused, a copy of such order, together with the reasons for such refusal.

46.Effectiveness in India of registration.

Subject to the provisions of section 47, a motor vehicle registered in accordance with thisChapter inany Stateshall notrequire tobe registered elsewhere inIndia anda certificateof registrationissued orin force underthis Actin respectof suchvehicle shall be effective throughout India.

Assignment of new registration mark on removal to another State

47.(1)When a motor vehicle registered in one State has been kept in another State,for a period exceeding twelve months,the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:

Provided that an application under this sub-section shall be accompanied –

(i)by the noobjection certificate obtained under section 48, or

(ii)in a case where no such certificate has been obtained, by –

(a)the receiptobtainedundersub-section(2)of section 48; or

(b)the postal acknowledgement received by the owner of the vehicleif he has sent an application in this behalf by registered postacknowledgement due to theregistering authorityreferredtoin section48, together with a declaration thathe has not received any communication from suchauthority refusing to grantsuch certificateor requiring himto comply with any direction subject to which such certificate may be granted:

Provided furtherthat, ina casewhere a motor vehicle is held under a hire-purchase, lease or hypothecationagreement, an application under this sub-section shallbeaccompaniedbyano objection certificatefrom theperson withwhom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply.

(2)The registering authority, to which application is made under sub-section (1),shall aftermaking suchverification, as it thinks fit, ofthe returns,if any,received undersection 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the markupon thecertificate of registration before returning it to theapplicantandshall,incommunicationwiththeregistering authority bywhom thevehicle was previously registered, arrange for the transferof theregistration ofthe vehicle from the records of that registering authority to its own records.

(3)Wherea motor vehicle is held under a hire-purchase or lease or hypothecationagreement, theregistering authorityshall,after assigning thevehicle aregistrationmarkundersub-section(2), theperson whose name has been specified in the certificate of registration asthe person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to suchperson a notice by registered post acknowledgement due at the address ofsuch person entered in the certificate of registration the fact of assignment of the said registration mark).

(4)AState Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which brought intoor is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.

(5)If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7):

Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

(6)Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.

(7)For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1).

No objection certificate

48.(1)The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a Stateother than the State of its registration, transferorof such vehicle when reporting the transfer under sub-section (1)of section 50, shall make an application in such form and in suchmanner asmay be prescribed by the Central Government to the registering authorityby whichthe vehiclewas registered for the issue ofa certificate(hereafter in this section referred to as the no objection certificate),to the effect that the registering authority has no objection for assigning a new registration mark to the vehicleor, asthe casemay be, for entering the particulars of the transfer of ownership in the certificate of registration.

(2)The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government.

(3)Onreceipt ofan applicationundersub-section(1),the authority may, after making such inquiry and requiring the applicant tocomply withsuch directionsas it deems fit and within thirty daysof thereceipt thereof, by order in writing, communicate to theapplicant thatit hasgranted orrefused togranttheno objection certificate:

Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant.

(4)Wherewithin aperiod ofthirty daysreferred toin sub-section (3), the registering authority does not refuse to grant the no objection certificateor doesnot communicatetherefusaltothe applicant, theregistering authorityshall be deemed to have granted the no objection certificate.

(5)Beforegrantingorrefusingtograntthenoobjection certificate, theregisteringauthorityshallobtainareportin writing from the police that nocase relating to the theft of the motor vehicle concerned has been reportedor ispending, verifywhether allthe amounts due to Government includingroad taxin respectof that motor vehicle have been paidandtakeintoaccountsuchotherfactorsasmaybe prescribed by the Central Government.

49.Change of residence or place of business.

(1)If the owner of a motorvehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, withinthirty daysof any such change of address, intimate in such formaccompanied bysuch documentsas may be prescribed by the Central Government,his newaddress, to the registering authority by which thecertificate ofregistration wasissued, or,ifthenew address iswithin thejurisdiction of another registering authority, that other registeringauthority, andshallatthesametime forward thecertificate ofregistration to the registering authority or, asthe casemay be,to the other registering authority in order that the new address may be entered therein.

(2)If the ownerof amotor vehiclefails to intimate his new address tothe concernedregisteringauthoritywithintheperiod specified insub-section (1),the registeringauthority may, having regard tothe circumstances of the case, require the owner to pay, in lieu ofany actionthat maybe takenagainst him under section 177 such amountnot exceedingone hundredrupees asmay beprescribed under sub-section (4):

Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.

(3)Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177.

(4)For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address.

(5)On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration.

(6)A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority.

(7)Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.

50.Transfer of ownership.

(1)Where the ownership of any motor vehicle registered under this Chapter is transferred –

(a)the transferor shall –

(i)in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer,in suchform withsuch documents and in such manner, as may be prescribed bythe Central Government to the registeringauthoritywithinwhosejurisdictionthe transfer is to be effected and shall simultaneouslysend acopy of the said report to the transferee; and

(ii)inthe caseof avehicle registered outside the State, withinforty-five daysof thetransfer, forward to the registering authority referred to in sub-clause (i) –

(A)the no objection certificate obtained under section 48; or

(B)ina casewhere no such certificate has been obtained –

(I)the receipt obtainedundersub-section (2) of section 48; or

(II)thepostal acknowledgementreceived by the transferredif hehas sent an application in this behalf by registered post acknowledgement due totheregisteringauthorityreferredtoin section 48,together witha declarationthat he hasnotreceivedanycommunicationfromsuch authority refusingto grantsuch certificateor requiring him to comply with any direction subject to which such certificate may be granted;

(b)thetransfereeshall,withinthirtydaysofthe transfer, report the transfer to the registering authority within whose jurisdictionhe hasthe residenceor placeofbusiness where the vehicle is normally kept, as the case may be, and shall forward thecertificateofregistrationtothatregistering authority togetherwith theprescribed feeand acopy ofthe reportreceivedbyhimfromthetransferorinorderthat particulars ofthe transferof ownershipmay be entered in the certificate of registration.

(2)Where –

(a)thepersoninwhosenameamotorvehicle stands registered dies, or

(b)a motor vehiclehas beenpurchased oracquired ata public auctionconducted by,or onbehalf of,Government, the person succeedingto thepossession ofthe vehicleor, as the case maybe, whohas purchasedor acquiredthe motor vehicle, makean applicationfor thepurpose oftransferring the ownershipofthevehicleinhisname,totheregistering authority inwhose jurisdiction he has the residence or place of business wherethe vehicle is normally kept, as the case may be, such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government.

(1)Ifthe transferoror thetransferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafterin this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5):

Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.

(4)Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.

(5)For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).

(6)On receipt of a reportundersub-section(1),oran application under sub-section (2), the registering authority may cause the transferofownershiptobeenteredinthecertificateof registration.

(7)A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority.

Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.

Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.

51.(1)Where an application for registration of a motor vehiclewhichisheldunderahire-purchase,leaseor hypothecation agreement(hereafter in this section referred to as the said agreement) is made,the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.

(2)Where the ownership of any motor vehicleregistered under this Chapteris transferredand thetransferee enters into the said agreement withanyperson, the original registering authority shall, on receipt of an application in such form as theCentral Government may prescribe from the parties to the said agreement, make an entry as totheexistenceofthesaidagreementinthecertificateof registration.

(3)Any entry made under sub-section (1) or sub-section (2), may be cancelledby theoriginal registeringauthority onproof of the termination ofthe saidagreement bythe partiesconcernedonan application beingmade insuch formas theCentral Governmentmay prescribe.

(4)No entry regardingthe transferof ownership of any motor vehicle whichis heldunder thesaid agreement shall be made in the certificate ofregistration exceptwith thewritten consentof the personwhosenamehasbeenspecifiedinthecertificateof registration asthe person with whom the registered owner has entered into the said agreement.

(5)Where the personwhosenamehasbeenspecifiedinthe certificate ofregistration asthe personwith whomthe registered owner hasentered intothe said agreement, satisfies the registering authority thathe hastaken possessionof thevehicle owing to the default ofthe registeredowner underthe provisions of the said agreement andthattheregisteredownerrefusestodeliverthe certificate ofregistration orhas absconded,suchauthoritymay, aftergivingtheregisteredowneranopportunitytomakesuch representation ashe maywish to make (by sending to him a notice by registered postacknowledgement dueat hisaddress enteredinthe certificate ofregistration) and notwithstanding that the certificate of registrationis not produced before it, cancel the certificate and issue a freshcertificate ofregistration inthe nameof the person with whom the registered owner has entered into the said agreement:

Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee:

Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force.

(6)The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for theissue ofduplicate certificateof registrationundersub-section(14)ofsection41,orfortheassignmentofanew registration markunder section 47, make an application to the person with whomthe registeredowner has entered intothe said agreement (such personbeing hereafterin this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

Explanation.–For thepurposesofthissub-sectionandsub-sections (8)and (9),”appropriate authority”inrelationtoany permit meansthe authoritywhich isauthorised by this Act to renew such permitand, inrelation toregistration, meanstheauthority which isauthorised bythis Actto issueduplicate certificateof registration or to assign a new registration mark.

(7)Within seven days of the receipt of an application under sub-section (6),the financiermay issue,or refusefor reasonswhich shall berecorded inwriting andcommunicated tothe applicant, to issue, thecertificate appliedfor andwhere the financier fails to issue thecertificate andalso failsto communicate the reasons for refusal toissue thecertificate tothe applicantwithin thesaid period ofseven days,the certificate applied for shall be deemed to have been issued by the financier.

(8)The registered owner shall, while applying to the appropriate authority forthe renewalof any permit under section 81, or for the issue ofa duplicatecertificate ofregistration undersub-section (14) ofsection 41,orwhileapplyingforassignmentofanew registration markunder section47, submit with such application the certificate ifany obtainedunder sub-section(7) or, where no such certificate hasbeen obtained,the communicationreceived fromthe financier under that sub-section, or, as the case may be a declaration that hehas notreceived any communication from the financier within the period of seven days specified in that sub-section.

(9)On receipt of an application for the renewal of any permit or for the issueofduplicatecertificateofregistrationorfor assignment of a new registration mark in respect of a vehicle which is held underthe saidagreement the appropriate authority may, subject to the other provisions of this Act –

(a)in a casewhere the financier has refused to issue the certificateapplied for, after giving the applicant an opportunity of being heard, either –

(i)renew or refuse to renew the permit,

(ii)issue or refuse to issue the duplicate certificate of registration, or

(iii)assignor refuseto assigna newregistration mark;

(b)in any other case –

(i)renew the permit, or

(ii)issue duplicate certificate of registration, or

(iii)assign a new registration mark.

(10)A registering authority making an entry in the certificate of registration regarding –

(a)hire-purchase, lease or hypothecation agreement of a motor vehicle, or

(b)the cancellation under sub-section (3) of an entry, or

(c)recording transfer of ownership of motor vehicle, or

(d)any alteration in a motor vehicle, or

(e)suspension or cancellationof registrationof a motor vehicle, or

(f)change of address,shall communicateto the financier that such entry has been made.

(11)A registering authority issuing a duplicate certificate of registration shall intimate the financier of such issue.

Alteration in motor vehicle

52.(1)No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless –

(a)hehas given notice to the registering authority within whose jurisdictionhe has the residence or the place of business where thevehicle isnormally kept,as thecase may be of the alteration he proposes to make; and

(b)he has obtained the approval of that registering authority to make such alteration:

Provided that it shall not be necessary to obtain such approval, for makingany changein theunladen weightof themotorvehicle consequent onthe additionor removal of fittings or accessories, if such change does not exceed two per cent. of the weight entered in the certificate of registration.

(2)Where a registering authority receivesa notice under sub-section (1),it shall,within sevendays ofthereceiptthereof, communicate, bypost, to the owner of the vehicle its approval to the proposed alteration or otherwise:

Provided thatwhere theowner ofthemotorvehiclehasnot received anysuch communication within the said period of seven days, the approval of suchauthority tothe proposedalteration shall be deemed to have been given.

(3)Notwithstanding anything containedinsub-section(1),a StateGovernmentmay,bynotificationintheOfficialGazette, authorise, subjectto suchconditions asmay bespecifiedinthe notification, theowners ofnot lessthan ten transport vehicles to alter anyvehicle ownedby themso as to replace the engine thereof without the approval of the registering authority.

(4)Whereany alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been givenunder sub-section,(2) or by reason of replacement of its engine withoutsuch approvalunder sub-section (3), the owner of the vehicle shall,within fourteendays of the making of the alteration, thealterationtotheregisteringauthoritywithinwhose jurisdictionheresidesandshallforwardthecertificateof registration tothat authoritytogether withthe prescribedfee in order that particulars of the alteration may be entered therein.

(5)A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority

53.Suspension of registration.

(1)If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction –

(a)isin sucha conditionthat its use in a public place would constitutea dangerto thepublic, orthat itfails to comply withthe requirementsof thisAct orof the rules made thereunder, or

(b)has been, or is being,used for hire or reward without a valid permitfor beingused assuch, theauthority may, after giving the owner anopportunity of making any representation he may wishto make (by sending to the owner a notice by registered postacknowledgementdueathisaddressenteredinthe certificate ofregistration), forreasonstoberecordedin writing,suspend the certificate of registration of the vehicle –

(i)in any case falling under clause (a), until the defects are rectified to its satisfaction; and

(ii)in any case falling under clause (b), for a period not exceeding four months.

(2)Anauthority otherthan a registering authority shall, when making asuspension orderunder sub-section (1), intimate in writing thefact ofsuchsuspensionandthereasonstherefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.

(3)Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension.

(4)Theowner ofa motorvehicle shall,on thedemandofa registeringauthority or other prescribedauthority which has suspended the certificate ofregistration ofthe vehicle under this section, surrender the certificate of registration.

(5)A certificate ofregistration surrendered under sub-section (4) shallbereturnedtotheownerwhentheordersuspending registration has been rescinded and not before.

54.Cancellation of registration suspended under section 53.

Where the suspension of registration of a vehicle under section 53 has continued withoutinterruptionfora periodof notlessthansix months,theregisteringauthoritywithinwhosejurisdictionthe vehicle waswhen theregistration wassuspended, may,if it is the original registeringauthority,cancel the registration, and if it is not theoriginal registering authority, shall forward the certificate of registration to that authority which may cancel the registration.

55.Cancellation of registration.

(1)If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, withinfourteen daysor as soon as may be, reportthe fact to theregisteringauthoritywithinwhose jurisdiction he hasthe residence orplace of business where the vehicle is normally kept, as the casemay be,and shall forward to that authority the certificate of registration of the vehicle.

(2)The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or,if itis not,shall forwardthe reportandthe certificate ofregistration to the original registering authority and that authority shall cancel the registration.

(3)Any registering authority may order the examination of a motor vehicle within itsjurisdiction by such authority as the State Government maybe orderappoint and,if, uponsuch examination and after givingthe owneran opportunityto make any representation he may wishto make (by sending to the owner a notice by registered post acknowledgement dueat hisaddress enteredinthecertificateof registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute adanger tothe publicand thatit is beyond reasonable repair, may cancel the registration.

(4)If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.

(5)If a registering authority is satisfied that the registration of a motor vehiclehas been obtained on the basis of documents which were, orby representationof facts which was, false in any material particular, orthe enginenumberorthechassisnumberembossed thereon aredifferent fromsuch number entered in the certificate of registration, theregistering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the ownera notice by registered post acknowledgement due at hisaddress enteredin thecertificate of registration), and for reasons to be recorded in writing cancel the registration.

(6)A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.

(7)A registering authority making an order of cancellation under section 54 or under thissectionshall,if it is the original registering authority,cancel the certificate of registration and the entry relatingto thevehicle inits records, and, if it is not the original registeringauthority,forwardthe certificate of registration to that authority,and thatauthority shall cancel the certificate ofregistration andtheentry relating to themotor vehicle in its records.

(8)The expression”originalregisteringauthority”inthis section andin sections41, 49,50, 51,52, 53and 54meansthe registering authority in whose records the registration of the vehicle is recorded.

(9)In this section, “certificate of registration” includes a certificate of registration renewed under the provisions of this Act.

Certificate of fitness of transport vehicles

56.(1)Subject to the provisions of sections 59 and 60,a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries acertificate of fitnessin such form containing such particulars and information as may be prescribed by the Central Government, issuedby the prescribed authority,or by an authorized testing stationmentioned insub-section (2), to the effect that the vehicle compliesfor the time being with all the requirements of this Act and the rules made thereunder:

Provided that where the prescribed authority or the authorized testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

(2)The “authorized testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.

(3)Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.

(4)The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicleto whichit relatesno longer complieswith allthe requirements ofthis Actand therules made thereunder; and on such cancellation thecertificate ofregistration ofthe vehicle and any permit grantedin respectof thevehicle under Chapter V shall be deemed tobe suspendeduntil anew certificateof fitness has been obtained.

(5)A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India.

57.Appeals.

(1)Anyowner ofa motorvehicle aggrieved by an order ofrefusal undersection 45to register a motor vehicle or to renew tocertificate ofregistration inrespect ofa motor vehicle (other thana transportvehicle) orunder section48 to issue a no objection certificateor under section 50 to enter the particulars of the transfer of ownership in the certificate of registrationor undersub-section (1)of section56 toissue a certificate offitness orby an order of suspension under section 53 or cancellationunder section54 orsection 55or byan orderof cancellation undersub-section (4)of section56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.

(2)The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit.

58.Special provisions in regard to transport vehicles.

(1)The Central Government may, having regard to the number, nature and size of the tires attached to the wheels of a transport vehicle, (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.

(2)A registering authority, when registering a transport vehicle,otherthanamotorcab, shall enter in the record of registration andshall alsoenter in the certificate of registration of the vehicle the following particulars, namely:-

(a)the unladen weight of the vehicle;

(b)the number, natureand sizeof thetyres attached to each wheel;

(c)thegrossvehicleweightofthevehicleandthe registered axleweights pertaining to the several axles thereof; and

(d)if the vehicleis usedor adaptedto be used for the carriage of passengers solely or in addition to goods, the number of passengers for whomaccommodation is provided, and the owner of the vehicle shallhave the same particulars exhibited in the prescribed manner on the vehicle.

(3)There shall not be entered in the certificate of registration of any such vehicleany grossvehicle weight or a registered axle weight of any of the axlesdifferent fromthatspecifiedinthe notification undersub-section (1)in relation to the make and model of suchvehicle andto thenumber, natureand sizeofthetyres attached to its wheels:

Provided that where it appears tothe CentralGovernment that heavier weightsthan thosespecified inthe notification under sub-section (1)may be permitted in a particular locality for vehicles of a particulartype, theCentralGovernmentmay,byorderinthe Official Gazettedirect that the provisions of this sub-section shall apply with such modifications as may be specified in the order.

(4)When by reason of any alteration in such vehicle, including an alteration in thenumber, natureor size of its tyres, the gross vehicle weightof the vehicle or the registered axle weight of any of its axlesno longeraccords withthe provisions of sub-section (3), the provisions of section 52 shall apply and the registering authority shall enterin the certificate of registration of the vehicle revised registered weights which accord with the said sub-section.

(5)Inorder thatthegrossvehicleweightenteredinthe certificate ofregistration of a vehicle may be revised in accordance with theprovisions of sub-section (3), the registering authority may require theowneroftransportvehicleinaccordancewithsuch procedureasmaybeprescribedtoproducethecertificateof registration withinsuch timeas may be specified by the registering authority.

59.Power to fix the age limit of motor vehicle.

(1)The Central Government may,having regardto thepublic safety, convenience and objects ofthis Act,by notification in the Offical Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after theexpiry ofwhich themotor vehicleshall not be deemed to complywiththerequirementsofthisActandtherulesmade thereunder:

Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.

(2)Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to thepurposeofamotor vehicle, suchas, displayor use for the purposes of a demonstration in anyexhibition, usefor the purposes oftechnicalresearch or taking part in a vintage car rally, by notification in the Official Gazette, exempt,by ageneral orspecialorder,subjecttosuch conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification.

(3)Notwithstandinganythingcontainedinsection56,no prescribed authorityor authorizedtestingstationshallgrant a certificate offitness toa motorvehicle incontravention ofthe provisions of any notification issued under sub-section (1).

Registration of vehicles belonging to the Central Government

60.(1)Such authority asthe Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the propertyor for the time beingunder the exclusive control of the Central Government and is used for Government purposes relating to the defence ofthe country and unconnected with any commercial enterprise and anyvehicle soregistered shallnot, solong as it remains the property orunder theexclusive controlof theCentral Government, require to be registered otherwise under this Act.

(2)The authority registeringa vehicleunder sub-section(1) shall assigna registrationmark inaccordance withthe provisions contained inthe rulesmade in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect thatsuchvehiclecompliesforthetimebeingwithallthe requirements ofthis Actand therules made thereunder and that the vehicle has been registered under this section.

(3)A vehicle registered under this section shall carry the certificate issued under sub-section (2).

(4)If a vehicle registered under this section ceases to be the property or under the exclusive control of the Central Government, the provisions of sections 39 and 40 shall thereupon apply.

(5)The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require.

61.Application of Chapter to trailers.

(1)The provisions of this Chaptershall apply to the registration of trailersas they apply to the registration of any other motor vehicle.

(2)The registrationmarkassignedtoatrailershallbe displayed in such manner on the side of the drawing vehicle, as may be prescribed by the Central Government.

(3)No person shall drive a motor vehicle to which a trailer is or trailers are attached unless theregistration markof the motor vehicle sodriven isdisplayed on the trailer or on the last trailer in thetrain, as the case may be, in such manner as may be prescribed by the Central Government.

62.Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority.

The State Government may,if itthinks necessaryor expedient so to do in the public interest,direct thesubmission bythe InspectorGeneral of Police (by whatever designation called) and such other police officers as theState Governmentmay specifyin this behalf, of such returns containing theinformation regardingvehicles which have been stolen and stolenvehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made.

63.Maintenance of State Registers of Motor Vehicles.

(1)Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicle,in respectofthemotorvehiclesinthatState, containing the following particulars, namely:-

(a)registration numbers;

(b)years of manufacture;

(c)classes and types;

(d)names and addresses of registered owners; and

(e)such other particularsas maybeprescribedbythe Central Government.

(2)Each State Government shall supply to the Central Government a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

(1)The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by the State Government.

Power of Central Government to make rules

64.The Central Government may make rules to provide for all or any of the following matters, namely:-

(a)the period within whichandtheformin which an application shall be madeand the documents, particularsand information it shall accompanyunder sub-section (1) of section 41;

(b)the form in which the certificate of registration shall be madeand the particulars and information it shall contain and the mannerin whichit shall be issued under sub-section (3) of section 41;

(c)the form and manner in which the particulars of the certificate ofregistration shallbe enteredin the records of the registering authority under sub-section (5) of section 41;
(d)themannerinwhichandtheforminwhichthe registration mark,the letters and figures and other particulars referred toin sub-section(6) of section 41 shall be displayed and shown;

(e)theperiod withinwhich andtheforminwhichthe application shallbe made and the particulars and information it shall contain under sub-section (8) of section 41;

(f)the form in which the application referred to in sub-section (14) of section41 shall be made, the particulars and information it shall contain and the fee to be charged;

(g)theforminwhichtheperiodwithinwhichthe application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain;

(h)theforminwhichandthemannerinwhichthe application for”No ObjectionCertificate” shallbe made under sub-section (1)of section48 andthe formof receipttobe issued under sub-section (2) of section 48;

(i)the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48;

(j)theform inwhich theintimation of change of address shall bemade undersub-section(1)ofsection49andthe documents to be submitted along with the application;

(k)the form in which and the manner in which the intimation of transferof ownershipshall be made under sub-section (1) of section 50or undersub-section(2)ofsection50andthe document to be submitted along with the application;

(l)the form in which the application under sub-section (2) sub-section (3) of section 51 shall be made;

(m)the form inwhich thecertificate of fitness shall be issued undersub-section (1)of section56 and the particulars and information it shall contain;

(n)the period for which the certificate of fitness granted or renewed under section 56 shall be effective;

(o)the fees tobe chargedfor theissue orrenewal or alteration ofcertificates ofregistration, for making an entry regarding transfer of ownership on a certificate of registration, makingor cancellingan endorsement in respect of agreementof hire-purchaseor leaseor hypothecationon a certificate of registration, for certificates of fitness for registration marks, forthe examination or inspection of motor vehicles, and the refund of such fees.

(p)any other matterwhich is to be, or may be, prescribed by the Central Government.

Power of State Government to make rules

65.(1)A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64.

(2)Without prejudice to the generality of the foregoing power, such rules may provide for –

(a)the conduct and hearing of appeals that may be preferred under thisChapter (thefees tobe paidinrespectofsuch appeals and the refund of such fees);

(b)the appointment,functions and jurisdiction of registering and other prescribed authorities;

(c)theexemptionofroad-rollers,gradersandother vehicles designedand usedsolely forthe construction, repair and cleaningof roadsfrom all or any of the provisions of this Chapterandtherulesmadethereunderandtheconditions governing such exemption;

(d)the issue or renewal of certificates of registration and fitness andduplicatesofsuchcertificatestoreplacethe certificates lost, destroyed or mutilated;

(e)the production of certificates of registration before the registeringauthority for the revision of entries therein of particulars relating to the gross vehicle weight;

(f)the temporary registrationof motorvehicles, and the issue of temporary certificate of registration and marks;

(g)the manner in which the particulars referred to in sub-section (2)of section 58 and other prescribed particulars shall be exhibited;

(h)the exemption ofprescribedpersonsorprescribedclasses of persons from payment of all or any portion of the fees payable under this Chapter;

(i)the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter;

(j)the communication between registering authorities of particulars ofcertificates ofregistration andbyownersof vehicles registeredoutside theState ofparticularsofsuch vehicles and of their registration;

(k)the amount or amounts under sub-section (13) of section 41 of sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50;

(l)the extension of the validity of certificates of fitness pending consideration of applications for their renewal;

(m)the exemption from the provisions of this Chapter, and the conditionsand feesfor exemption, of motor vehicles in the possession of dealers;

(n)the form in which and the period within which the return under section 62 shall be sent;

(o)the manner in which the State Register of Motor Vehicles shall be maintained under section 63;

(p)any other matter which is to be or may be prescribed.

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