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| THE MOTOR VEHICLES ACT, 1939 |
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Title : THE MOTOR VEHICLES ACT, 1939
Year : 1939
Act : CHAPTER III
REGISTRATION OF MOTOR VEHICLES
22.
Necessity for registration.
22.Necessity for registration.(1) 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 for the
purpose of carrying passengers or goods 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.
1 * * *
23.
Registration, where to be made.
23.Registration, where to be made. 2* * * Subject to the
provisions of 3[section 24A,] section 25 and section 39, every owner
of a motor vehicle shall cause the vehicle
----------------------------------------------------------------------
1 Sub-section (2) omitted by Act 100 of 1956, s. 19 (w.e.f.
16-2-1957).
2 The brackets and figure "(1)" omitted by Act 20 of 1942, s. 7.
3 Ins. by Act 100 of 1956, s. 20 (w.e.f. 16-2-1957).
-----------------------------------------------------------------------
47.
to be registered by a registering authority in the State in which he
has the residence or place of business where the vehicle is normally
kept.
24.
Registration, how to be made.
24.Registration, how to be made.(1) An application by or on
behalf of the owner of a motor vehicle for registration shall be in
Form E as set forth in the First Schedule, shall contain the
information required by that form, and shall be accompanied by the
prescribed fee:
2 [Provided that where a motor vehicle is jointly owned by
more persons than one, the application shall be made by one of them on
behalf of all the owners and such applicant shall be deemed to be the
owner of the motor vehicle for the purposes of this Act.]
(2) The registering authority shall issue to the owner of a
motor vehicle registered by it a certificate of registration in Form G
as set forth in the First Schedule and shall enter in a record to be
kept by it particulars of such certificate.
(3) The registering authority shall assign to the vehicle, for
display thereon in the prescribed manner, a distinguishing mark (in
this Act referred to as the registration mark) consisting of 4[one of
the groups of such of these letters as are allotted to the State by
the Central Government FROM time to time by notification in the
Official Gazette,] followed by a number containing not more than four
figures:
4[Provided that 6[the figures aforesaid shall be shown in Arabic
numerals and the letters and figures aforesaid shall be shown].
(a) in the case of transport vehicles, in black on a white
ground;
(b) in the case of motor vehicles temporarily registered, in
red on a yellow ground;
(c) in the case of motor vehicles in the possession of
dealers, in white on a red ground;
(d) in other cases, in white on a black ground.]
5[(4) A certificate of registration issued under sub-section (2),
whether before or after the commencement of the Motor Vehicles
(Amendment) Act, 1978, in respect of a motor vehicle, other than a
transport vehicle, shall, subject to the provisions contained in this
Act, be valid only for a period of fifteen years FROM the date of
issue of such certificate and shall be renewable.
(5) An application by or on behalf of the owner of a motor
vehicle, other than a transport vehicle, for the renewal of a
certificate of registration shall be made within such period as may be
prescribed, in Form F as set forth in the First Schedule, shall
contain the information required by that Form and shall be accompanied
by the prescribed fee.
(6) Where in the case of a certificate of registration issued
under this Act before the commencement of the Motor Vehicles
(Amendment) Act, 1978, in respect of a motor vehicle, other than a
transport vehicle, the period of fifteen years referred to in sub-
section (4) has expired at such commencement, the holder of such
certificate shall apply for the renewal of the said certificate in
Form F as set forth in the First Schedule to the registering authority
within six months FROM such commencement or within such extended
period not exceeding six months as the authority may, on sufficient
cause being shown, allow, and such application shall contain the
information required by that Form and shall be accompanied by the
prescribed fee.
(7) The registering authority may, on receipt of an application
under sub-section (5) or sub-section (6), renew the certificate of
registration for the prescribed period-:]
3[(24A).Special provision for registration of motor vehicles of
diplomatic officers, etc. (1) Where an application for registration of
a motor` vehicle is made under sub-section (1) of section 24 by or on
behalf of any diplomatic officer consular officer, then,
notwithstanding anything contained in sub-section (2) or sub-section
(3) of that section,: the registering authority shall register the
vehicle in such manner and in accordance with such procedure as may be
provided by rules made in this behalf by the Central Government under
sub section (3) and shall assign to the vehicle for display thereon
special registration mark in accordance with the provisions contained
in those rules and shall issue a certificate that the vehicle has been
registered under this section ; and any vehicle so registered shall
not so long as it remains the property of any diplomatic office or
consular officer, require to be registered otherwise under this Act.
----------------------------------------------------------------------
1 Sub-sections (2) and (3) omitted by Act 20 of 1942, s. 7.
2 Added by Act 100 of 1956, s. 21 (w.e.f. 16-2-1957).
3 Ins.by s. 22, ibid., (w.e.f. 1-6-1960).
4 Subs. and Ins. by Act 47 of 1978, s. 9 (w.e.f. 22-9-1979).
5 Ins. by ibid. (w.e.f. 16-1-1979).
6 Subs. by Act 47 of 1982, s. 6 (w.e.f. 1-10-1982).
------------------------------------------------------------------------
48.
(2) If any vehicle registered under this section ceases to be the
property of any diplomatic officer or consular officer, the
certificate of registration issued under this section shall also cease
to be effective, and the provisions of section 23 shall thereupon
apply.
(3) The Central Government may make rules for the registration
of motor vehicles belonging to diplomatic officers and consular
officers regarding the procedure to be followed by the registering
authority for registering such vehicles, the form in which
certificates of registration of such vehicles are to be issued, the
manner in which certificates of registration are to be sent to the
owners of the vehicles and the special registration marks to be
assigned to such vehicles.
(4) For the purposes of this section, "diplomatic officer" or
"consular officer" means any person who is recognised as such by the
Central Government and if any question arises as to whether a person
is or is not such an officer, the decision of the Central Government
thereon shall be final.]
25.
Temporary registration.
25.Temporary registration.(1) Notwithstanding anything contained
in section 23, the owner of a motor vehicle may apply to any
registering authority 1[or other prescribed authority] to have the
vehicle temporarily registered in the prescribed manner and for the
issue in the prescribed manner of a temporary certificate of
registration and a temporary registration mark.
(2) A registration made under this section shall be valid only
for a period not exceeding one month, and shall not be renewable:
2 [Provided that where a motor vehicle so registered is a
chassis to which a body has not been attached and the same is detained
in a workshop beyond the said period of one month for being fitted
with a body, the period may, on payment of such fees, if any, as may
be prescribed, be extended by such further period or periods so,
however, that the total period of such temporary registration may not
exceed, in any case, three months.]
26.
Production of vehicle at time of registration.
26.Production of vehicle at time of registration. 3[(1)] The
registering 4[authority shall 5[before proceeding to register a motor
vehicle or renew the certificate of registration in respect of a
motor vehicle, other than a transport vehicle, require the person
applying for registration of the vehicle or, as the case may be, for
renewing the certificate of registration.] to produce the vehicle
either before itself or such
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 23 (w.e.f. 16-2-1957).
2 Ins. by Act 56 of 1969, s. 10 (w.e.f. 2-3-1970),
3 S. 26 renumbered as sub-section (1) of that section by Act 100
of 1956, s. 24, (w.e.f. 16-2-1957).
4 Subs. by s. 24, ibid., for, "authority may before" (w.ef. 16-2-
1957).
5 Subs. by Act 47 of 1978, s. 10 (w.e.f. 16-1-1979).
------------------------------------------------------------------------
49.
authority as the State Government may by ORDER appoint in ORDER that
the registering authority may satisfy itself that the particulars
contained in the application are true and that the vehicle complies
with the requirements of Chapter V and of the rules made thereunder.
1[(2) Nothing in sub-section (1) shall apply to any motor vehicle
owned by or on behalf of the Government.]
27.
Refusal of registration or renewal of the certificate of registration.
8[27.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 vehicle is mechanically defective or fails to comply
with the requirements of Chapter V or of the rules made thereunder, or
if the applicant fails to furnish particulars of any previous
registration of the vehicle or furnish inaccurate particulars in the
application for registration of the vehicle or, as the case may be,
for renewal of the certificate of registration thereof and the
registering authority shall furnish the applicant whose vehicle is
refused registration, or whose application for renewal of the
certificate of registration is refused, a copy of such order, together
with the reasons for such refusal.]
28.
Effectiveness in India of registration.
28.Effectiveness in India of registration.(1) Subject to the
provisions of section 29, a motor vehicle registered in accordance
with this Chapter in any State 3* * * shall not require to be
registered 4[elsewhere in India] and a certificate of registration
issued or in force under this Act in respect of such vehicle shall be
effective throughout 5[India].
6* * *
7* * *
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 24 (w.e.f. 16-2-1957).
2 Ins. by Act 56 of 1969, s. 11 (w.e.f. 2-3-1970).
3 The words "or deemed to be registered under this Act" omitted
by Act 20 of 1942, s. 8.
4 Subs. by the A.0. 1950 for "in any other Province".
5 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States"
6 Proviso omitted by Act 20 of 1942, s. 8.
7 Sub-sections (2), (3), (4) and (5) omitted by Act 25 of
1968, s. 2 and Sch. (w.e.f. 15-8-1968)
8 Subs. by Act 47 of 1978, s. 11 (w.e.f. 16-1-1979).
----------------------------------------------------------------------
50
29.
Assignment of fresh registration mark on removal to another State.
29.Assignment of fresh registration mark on removal to another
State.(1) 1[When a motor vehicle-
(a) registered in one State has been kept in another State,
2* * *
for a period exceeding twelve months,] the owner of the vehicle shall
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:
4[Provided that an application under this subsection shall be
accompanied-
(i) by a no objection certificate obtained under section 29A,
or
(ii) in a case where no such certificate has been obtained,
by-
(a) a receipt obtained under sub-section (2) of
section 29A; or
(b) a postal acknowledgement received by the owner of
the vehicle if he has sent an application in this behalf
by registered post acknowledgement due to the
registering authority referred to in section 29A,
together with. a declaration that he has not received any com-
munication from. such authority refusing to grant such certificate or
requiring him to comply with any direction subject to which such
certificate may be granted.]
(2) The registering authority, to which application is made
under sub-section (1), shall assign the vehicle a registration mark
5[as specified in sub-section (3) of section 24] to be carried
thenceforth on the vehicle and shall enter the mark upon the
certificate of registration before returning it to the applicant and
shall, in communication with the registering authority by whom the
vehicle was previously registered, arrange for the transfer of the
registration of the vehicle FROM the records of that registering
authority to its own records.
4[(2A) Where a motor vehicle is held tinder a hire-purchase
agreement or is subject to hypothecation, the registering authority
shall, after assigning the vehicle a registration mark under sub-
section (2), inform the person whose name has been specified in the
certificate of registration as the person with whom the registered
owner has entered INTO the hire-purchase agreement or, as the case may
be, the person in whose favour the vehicle is subject to hypothecation
(by sending to such person a notice by registered post acknowledgement
due at the address of such person entered in the certificate of
registration) the fact of assignment of the said registration mark.]
(3) A State Government may make rules under section 41 requiring
the owner of a motor vehicle not registered within the State, which is
brought INTO or is for the time being in the State, to furnish to a
prescribed authority in the State such information with respect to the
motor vehicle and its registration as may be prescribed.
6[29A.No objection Certificate. (1) The owner of a motor vehicle
when applying for the assignment of a new registration mark under sub-
section (1) of section 29 to the registering authority within whose
jurisdiction the vehicle is, or the transferor of any motor vehicle
when reporting the transfer under sub-section (1) of section 31 to the
registering authority within whose jurisdiction the transfer is to be
effected, shall make an application in such form and in such manner as
may be prescribed to the registering authority by which the vehicle
was previously registered for the issue of a certificate (hereafter in
this ,section referred to as the no objection certificate), to the
effect that the registering authority has no objection for entering a
new registration mark in the certificate of registration or, as the
case may 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.
(3) On receipt of an application under sub-section (1), the re-
gistering authority may, after making such inquiry as it deems fit and
within thirty days of the receipt thereof, by ORDER in writing,
communicate to the applicant that it has granted or refused to grant
the no 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) Where within a period of thirty days referred to in sub-
section (3), the registering authority does not refuse to grant the no
objection certificate or does not communicate the refusal to the
applicant, the registering authority shall be deemed to have granted
the no objection certificate.
(5) Before granting or refusing to grant the no objection
certificate, the registering authority shall obtain a report in
writing FROM the police that no case relating to the theft of the
motor vehicle concerned has been reported or is pending, verify
whether all the amounts due to Government including road tax in
respect of that motor vehicle have been paid and take INTO account
such other factors as-the Central Government may by rules prescribe.]
30.
Change of residence or place of business.
30.Change of residence or place of business. (1) If the owner of
a motor vehicle ceases to reside or have his place of business at the
address recorded in the certificate of registration of the vehicle,
he shall, within thirty days of any such change of address, intimate
his new address to the registering authority by which the certificate
of registration was issued, or, if the new address is within the
jurisdiction of another registering authority, to that other
registering authority, and shall at the same time forward the
certificate of registration to the registering authority in ORDER that
the new address may be entered therein.
7 [(1A) If the owner of a motor vehicle fails to intimate, his
new address to the concerned registering authority within the period
specified in sub-section (1), 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 112,
such amount not exceeding one hundred rupees as may be prescribed
under subsection (1C):
Provided that action under section 112 shall be initiated against
the Owner where he fails to pay the said amount.
(1B) Where a person has paid the amount under sub-section (1A),
no action shall be taken against him under section 112.
(1C) For the purposes of sub-section (1A), a State Government may
Prescribe different amounts HAVING regard to the period of delay in
intimating the change in the place of residence, or place of business,
or both, as recorded in the certificate of registration.]
(2) A registering authority other than the original registering
authority making any such entry shall communicate the altered address
to the original registering authority.
-----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 26, for certain words (w.e.f.
16-2-1957).
2 The word " or " and cl. (b) omitted by Act 25 of 1968, s. 2. and Sch. (w.e.f. 15-8-1968).
3 S. 29A omitted by Act 56 of 1969, s. 12 (w.e.f. 2-3-1970).
4 Added & ins. by Act 47 of 1978, s.12 (16-1-1979).
5 Subs , ibid. (w.e.f. 17-1-1983).
6 Ins. by s. 13, ibid.
7 Ins. by s.14, ibid.
------------------------------------------------------------------------
51.
(3) 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.
31. Transfer of ownership.
31.Transfer of ownership. 1[(1) Where the ownership of any motor
vehicle registered under this Chapter is transferred:-
3 [(a) the transferor shall-
(i) within fourteen days of the transfer, report the
fact of transfer to the registering authority within
whose jurisdiction the transfer is to be effected and
shall simultaneously send a copy of the said report to
the transferee;
(ii) within forty-five days of the transfer, forward to
the registering authority referred to in sub-clause (i)-
(A) a no objection certificate obtained under
section 29A; or
(B) in a case where no such certificate has been
obtained,-
(I) a receipt obtained under sub-section (2)
of section 29A; or
(II) a postal acknowledgement received by the
transferor if he has sent an application in
this behalf by registered post acknowledgement
due to the registering authority referred to
in section 29A,
together with a declaration that he has not received any
communication FROM such authority refusing to grant such
certificate or requiring him to comply with any
direction subject to which such certificate may be
granted;"
(b) the transferee shall, within thirty days of the
transfer, report the transfer to the registering authority
within whose jurisdiction he resides, and shall forward the
certificate of registration to that registering authority to-
gether with the prescribed fee and a copy of the report
received by him FROM the transferor in ORDER that particulars
of the transfer of ownership may be entered in the
certificate of registration.]
3[(1A) If the transferor or the transferee 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), the registering
authority may, HAVING regard to the circumstances of the case, require
the transferor or, as the case may be, the transferee, to pay, in lieu
of any action that may be taken against the transferor or the
transferee under section 112, such amount not exceeding one hundred
rupees as may be prescribed under sub-section (1C):
Provided that action under section 112 shall be initiated against
the transferor or the transferee, where the transferor or, as the case
may be, the transferee fails to pay the said amount.
(1B) Where a person has paid the amount under subsection (1A), no
action shall be taken against him under section 112.
(1C) For the purposes of sub-section (1A), 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.]
(2) A registering authority other than the original registering
authority making any such entry shall communicate the transfer of
ownership to the original registering authority.
2[31A.Special provisions regarding motor vehicles subject to
hire-purchase agreement. (1) Where an application for registration of
a motor vehicle which is held under a hire-purchase agreement is made,
the registering authority shall make an entry in the certificate of
registration regarding the existence of the said agreement.
(2) When the ownership of any motor vehicle registered undo this
Chapter is transferred and the transferee enters INTO a hire purchase
agreement with any person, the registering authority shall on receipt
of an application FROM the parties to that agreement make an entry as
to the existence of such hire-purchase agreement in the certificate of
registration.
(3) Any entry made under sub-section (1) or sub-section (2), may
be cancelled by the registering authority on proof of the termination
of the hire-purchase agreement by the parties concerned.
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s.27, for the original sub-section
(w.e.f 16-2-1957).
2 Ins. by Act 56 of 1969, s. 13 (w.e.f. 1-10-1970).
3 Subs. & Ins. by Act 47 of 1978, s.15 (w.e.f. 16-1-1979).
-----------------------------------------------------------------------
52.
(4) No entry regarding the transfer of ownership of any motor,
vehicle which is held under a hire-purchase, agreement shall be made
in the certificate of registration except with the written consent of
the person whose name has been specified in the certificate of regis-
tration as the person with whom the registered owner has, entered into
a hire-purchase agreement.
(5) Where the person whose name has been specified in the cer-
tificate of registration as the person with whom the registered owner
has entered INTO a hire-purchase agreement, satisfies the registering
authority that he has taken possession of the vehicle owing to the
default of the registered owner under the provisions of the agreement
and that the registered owner refuses to deliver the certificate of
registration or has absconded, such authority may, after giving the
registered owner an opportunity to make such representation as he may
wish to make (by sending to him a notice by registered post
acknowledgment due at his address entered in the certificate of
registration) and notwithstanding that the certificate of registration
is not produced before it, cancel the certificate 3[and issue a fresh
certificate of registration to the person with whom the registered
owner has entered INTO the hire- purchase agreement:
Provided that a fresh certificate of registration issued in
respect of a motor vehicle, unless the 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"]
2[(5A) The registered owner shall, before applying to the
appropriate authority, for the renewal of a permit make an application
to the person with whom the registered owner has entered INTO a hire-
purchase agreement (such person being hereafter in 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,-In this section, "appropriate authority", in
relation to any permit, means the authority which is authorised by
this Act to renew such permit.
(5B) Within seven days of the receipt of an application under
sub-section (5A), the financier may issue, or refuse, for reasons
which shall be recorded in writing and communicated to the applicant,
to issue, the certificate applied for, and where the financier fails
to issue the certificate and also fails to communicate the reasons for
refusal to issue the certificate to the applicant within the said
period of seven days, the certificate applied for shall be deemed to
have been issued by the financier.
(5C) The registered owner shall, while applying to the
appropriate authority for the renewal of any permit, submit with such
application the certificate, if any, obtained under sub-section (5B)
or, where no such certificate has been obtained, the communication
received FROM the financier under that sub-section, ,or, as the case
may be, a declaration that he has not received any communication from
the financier within the period specified in that sub-section.
(5D) On receipt of an application for the renewal of any permit
under this section, the appropriate authority may subject to the other
provisions of this Act-
(i) in a case where the financier has refused to issue
certificate applied for, after giving the applicant an
opportunity of being heard, either renew, or refuse to renew,
the permit;
(ii) in any other case, renew the permit-]
(6) The provisions of sub-sections (1) to [(5D)]2 so far as may
be, apply to a motor vehicle which is subject to hypothecation they
apply to any motor vehicle which is held under a hire-purchase
agreement.]
32.
Alteration in motor vehicle.
1 [32.Alteration in motor vehicle. (1) No owner of a motor
vehicle shall so alter the vehicle that the particulars contained in
the certificate of registration no longer accurate, unless-
(a) he has given notice to the registering authority within
whose jurisdiction he resides of the alteration he proposes
to make ; and
(b) he has obtained the approval of the registering
authority to make such alteration:
Provided that it shall not be necessary to obtain such
approval for making any change in the unladen weight of the,
motor vehicle consequent on the addition or removal of
fittings or accessories, if such change does not exceed two
per cent. of the weight entered in the certificate of
registration.
----------------------------------------------------------------------
1 Subs, by Act 100 of 1956, s. 28, for original s. 32. (w.e.f.
16-2-1957).
2 Subs. & Ins. by Act 47 of 1978, s. 16 (w.e.f. 16-1-1979).
-----------------------------------------------------------------------
52A
(2) Where a registering authority has received notice under sub-
section (1), it shall, within seven days of the, receipt thereof,
communicate, by post, to the owner of the vehicle its approval to the
proposed alteration or otherwise :
Provided that where the owner of the motor vehicle has not
received any such communication within the said period of seven days,
the approval of such authority to the proposed alteration shall be
deemed to have been given.
(3) Notwithstanding anything contained in sub-section (1), a
State Government may, by notification in the Official Gazette, autho-
rise, subject to such conditions as may be specified in the
notification, the owners of not less than ten transport vehicles to
alter any vehicle owned by them so as to change its engine number by
replacing the engine thereof without the approval of the registering
authority.
(4) Where any alteration has been made in a motor vehicle either
with the approval of the registering authority given or deemed to have
been given under sub-section (2) or by reason of any change in its
engine number without such approval, under sub-section (3) the owner
of the vehicle shall, within fourteen days of the making of the
alteration, report the alteration to the registering authority with in
whose jurisdiction he resides and shall forward the certificate of
registration to that authority together with the prescribed fee 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.
32A.Power of State Government to require the production of
certificates of registration in certain cases. Where a State
Government is of opinion that particulars relating to the colour or
colours of the body, wings and front end of any class of motor
vehicles registered before the commencement of the Motor Vehicles
(Amendment) Act, 1956, should be entered in the certificates of
registration relating to such vehicles, the State
53.
Government may, by notification in the Official Gazette, require the
owners of such class of motor vehicles to produce their certificates
of registration before the registering authority within such time as
may be specified in the notification.]
33.
Suspension of registration.
33.Suspension of registration. 1[(1) If any registering authority
or other prescribed authority has reason to believe that any motor
vehicle within its jurisdiction-
(a) is in such a condition that its use in a public place
would constitute a danger to the public, or that it fails to
comply with the requirements of Chapter V or of the rules
made thereunder, or
(b) has been, or is being, used for hire or reward without
a valid permit for being used as such,
the authority may, after giving the owner an opportunity of making any
representation he may wish to make (by sending to the owner a notice
by registered post acknowledgement due at his address entered in the
certificate of registration), for reasons to be recorded in writing,
suspend the certificate of registration of the vehicle-
(i) in any case falling under clause (a), until the defects
are remedied to its satisfaction ; and
(ii) in any case falling under clause (b), for a period not
exceeding four months.]
(2) An authority other than a registering authority shall, when
making a suspension ORDER under sub-section (1), intimate in
writing the fact of suspension and the reasons therefor to the
registering authority within whose jurisdiction the vehicle is at the
time of the suspension.
(3) Where the registration 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; and when the suspension has continued without interruption
for a period of not less than six months, the registering authority,
within whose jurisdiction the vehicle was when the registration was
suspended, may, if it is the original registering authority, cancel
the
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 29, for. the original sub-section
(w.e.f. 16-2-1957).
-----------------------------------------------------------------------
54.
registration, and, if it is not the original registering authority,
shall forward the certificate of registration to that authority which
may cancel it forthwith.
(4) The owner of a motor vehicle shall, on the demand of a
registering authority or other prescribed authority which has
suspended the certificate of registration of the vehicle under this
section, surrender the certificate of registration and any token or
card issued to authorise the use of the vehicle in a public place.
(5) A certificate of registration and any token or card
surrendered under sub-section (4) 1 shall be returned to the owner
when the ORDER suspending registration has been rescinded and not
before.
34.
Cancellation of registration.
34,Cancellation of registration. (1) If a motor vehicle has been
destroyed or has been rendered permanently incapable of use, the owner
shall, within fourteen days or as soon as may be, report the fact to
the registering authority within whose jurisdiction he resides and
shall forward to that authority the certificate of registration of the
vehicle together with any token or card issued to authorise the use of
the vehicle in a public place.
(2) The registering authority shall, if it is the original
registering authority, cancel he registration and the certificate of
registration, or, if it is not, shall forward the report and the
certificate of registration to the original registering authority and
that authority shall cancel the registration and the certificate of
registration.
(3) Any registering authority may ORDER the examination of a
motor vehicle within its jurisdiction by such authority as the State
Government may by ORDER appoint and, if upon such examination and
after giving the owner an opportunity to make any representation he
may wish to make 1[(by sending to the owner a notice by registered
post acknowledgement due at his address entered in the certificate of
registration)] it is satisfied that the vehicle is in such a condition
that 1 [it is incapable of being used or] its use in a public place
would constitute a danger to the public and that it is beyond
reasonable repair, may cancel the registration of the vehicle.
(4) If a registering authority is satisfied that a motor vehicle
has been permanently removed out of 2[India], the registering
authority shall cancel the registration.
3[(4A) If a registering authority is satisfied that the
registration of a motor vehicle has been obtained on the basis of
documents which were, or by representation of facts which was, false
in any material particular, the registering authority shall after
giving the owner an opportunity to make such representation as he may
wish to make (by sending to the owner a notice by registered post
acknowledgement due at his address entered in the certificate of
registration), and for reasons to be recorded in writing, cancel the
certificate of registration of the vehicle.]
(5) A registering authority cancelling the registration of a
motor vehicle under section 33 or under this section shall communicate
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 30 (w.e.f. 16-2-1957).
2 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States"
3 Ins. by Act 47 of 1978, s.17 (w.e.f. 16-1-1979).
-----------------------------------------------------------------------
55.
the 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/ and any token or card issued to authorise
the use of the vehicle in a public place.
(6) A registering authority making an ORDER of cancellation under
this section shall, if it is the. original registering authority,
cancel the certificate of registration and. the entry relating to the
vehicle in its records, and, if it is not the original registering
authority, forward the certificate of registration to that authority,
and that authority shall cancel the certificate of registration and
the entry relating to the motor vehicle in its records.
(7)The expression "original registering authority" in this
section and in sections 30, 31, 32 and 33 means the registering
authority in whose records the registration of the vehicle is
recorded.
3[(8) In this section, "certificate of registration" includes a
certificate of registration renewed under the provisions of this Act.]
35.
Appeals.
35.Appeals. (1) Any owner of a motor vehicle aggrieved by an
ORDER of refusal under section 27 4[to register a motor vehicle or
to renew the certificate of registration in respect of a motor vehicle
(other than a transport vehicle) or under section 29A to issue a no
objection certificate] or under sub-section (1 ) section 38 to issue
a certificate of fitness or by an ORDER of suspension or cancellation
made under section 33 or 34 or by an ORDER of cancellation under sub-
section (3) of. section 38 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 opportunity to the original
authority and the appellant, to be heard either personally or by
pleader in the appeal pass such orders as it thinks fit.
1* * * * *
36.
Special provisions in regard to transport vehicles.
1[36.Special provisions in regard to transport vehicles. (1)-
HAVING regard to the number, nature and size of the tyres attached to
the wheels of a transport vehicle, other than a motor cab, and its
make and model and other relevant considerations, 5[the Central
Government may] 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 other than a motor cab, shall enter in the record of
registration and
---------------------------------------------------------------------
1 Proviso to sub-section (2) omitted by Act 100 of 1956, s. 31. (w.e.f. 16-2-1957).
2 Subs. by s. 32, ibid., for former ss. 36 and 37 (w.e.f. 15-1-
1959).
3 Ins. by Act 47 of 1978, s.17 (w.e.f. 16-1-1979).
4 Subs. by s.18, ibid. (w.e.f. 16-1-1979).
5 Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982).
-----------------------------------------------------------------------
56.
shall also enter in the certificate of registration of the vehicle the
following particulars, namely :-
(a) the unladen weight of the vehicle;
(b) the number, nature and size of the tyres attached to each
wheel ;
(c) the registered laden weight of the vehicle and the
registered axle weights pertaining to the several axles
thereof ; and
(d) if the vehicle is used or adapted to be used for the
carriage of passengers solely or in addition to goods, the
number of passengers for whom accommodation is provided
and the owner of the vehicle shall have 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 vehicle any laden weight of the vehicle or a
registered axle weight of any of its axles 1[different FROM that]
specified in the notification under sub-section (1) in relation to the
make and model of the vehicle and to the number, nature and size of
the tyres attached to its wheels :
Provided that where it appears to 2[the Central Government ]
that heavier weight than those specified in the notification under
sub-section (1) may be permitted in a particular locality for vehicles
of a particular type 2[the Central Government] may, by ORDER in the
Official Gazette, direct 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 the number, nature or size of its tyres, the
registered laden weight of the vehicle or the registered axle weight:
of any of its axles no longer accords with the provisions of sub-
section the provisions of section 32 shall apply and the registering
authority shall enter in the certificate of registration of the
vehicle revised registered weights which accord with the said sub-
section.
(5) In ORDER that the registered weight entered in the
certificate of registration of a vehicle may be revised in accordance
with the provisions of sub-section (3), the registering authority may
require the owners of transport vehicles in accordance with such
procedure as may be prescribed to produce the certificates of
registration within such time as may be specified by the registering
authority.]
----------------------------------------------------------------------
1 Subs. by. Act 56 of 1969, s. 14 (w.e.f. 2-3-1970),
2 Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982).
------------------------------------------------------------------------
57.
38.
Certificate of fitness of transport vehicles.
38.Certificate of fitness of transport vehicles. (1) Subject to
the provisions of section 39, a transport vehicle shall not be deemed
to be validly registered for the purposes of section 22, unless it
carries a certificate of fitness in Form H as set forth in the First
Schedule, issued by the prescribed authority, to the effect that the
vehicle complies for the time being with all the requirements of
Chapter V and the rules made thereunder. Where the prescribed
authority refuses to issue such certificate, it shall supply the
owner of the vehicle with its reasons in writing for such refusal.
1[(2) Subject to the provisions of sub-section (3), a certificate
of fitness shall remain effective for such period, not being in any
case more than two years or less than six months, as may be specified
in the certificate by the prescribed authority under sub-section (1):
]
2[provided that this sub-section shall, in respect of a
certificate of fitness relating to a new transport vehicle registered
for the first time and not plying in. hilly areas, have effect as if
for the words it six months ", the words " one year " were
substituted.
Explanation.-In this subsection, the expression " hilly areas
means such areas as the State Government may, HAVING regard to the
elevation and topography, by notification in the Official Gazette,
declare to be hill areas.]
(3) The issuing authority or other prescribed authority may for
reasons to be recorded in writing cancel a certificate of fitness at
any time, if satisfied that the vehicle to which it relates no longer
complies with all the requirements of this Act and the rules made
thereunder ; and on such cancellation the :certificate of registration
of the vehicle and any permit, granted in respect of the vehicle under
Chapter IV shall be deemed to be suspended until a new certificate of
fitness has been obtained.
3[(4) A certificate of fitness issued under this Act shall, while
it remains effective, be valid throughout India.]
39.
Registration of vehicles, the property of the Central Government.
39.Registration of vehicles, the property of the Central
Government. (1) The authority specified in Part B of the Fourth
Schedule may register any motor vehicle which is the property 4 [or
for the time being under the exclusive control] of the Central
Government and any vehicle so registered shall not, so long as it
remains the
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 33, for the former sub-section
(w.e.f 16-2-1957).
2 Ins. by Act 56 of 1969, s. 15 (w.e.f. 2-3-1970).
3 Subs. by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968).
4 Ins. by Act 20 of 1942, s. 11. ------------------------------------------------------------------------
58.
property 1[or under the exclusive control] of the Central Government,
require to be registered otherwise under this Act.
(2) A transport vehicle registered under this section shall
carry a certificate 2[to the effect that the vehicle complies for the
time being with all the requirements of Chapter V and the rules made
thereunder] issued by the authority referred to in sub-section (1).
(3) An authority registering a vehicle under sub-section (1)
shall assign a registration mark in accordance with the provisions
contained in the Fourth Schedule and shall issue a certificate in
respect of the vehicle that the vehicle has been registered under
this section.
(4) If a vehicle registered under this section ceases to be the
property 1[or under the exclusive control] of the Central Government,
the provisions of section 23 shall thereupon apply.
(5) The authority registering a vehicle under sub-section (1)
shall furnish to any State Government I all such information regarding
the general nature, overall dimensions, and axle weights of the
vehicle as the State Government may at any time require.
40.
Application of Chapter III to trailers.
40.Application of Chapter III to trailers.(1) The registration
mark assigned to a trailer shall be displayed in the prescribed
manner on the side of the vehicle.
(2) No person shall drive a motor vehicle to which a trailer is
or trailers are attached unless the registration mark of the motor
vehicle so driven is displayed in the prescribed manner on the trailer
or on the last trailer in the train, as the case may be.
41. Power to make rules.
41.Power to make rules. (1) A State Government may make rules
for the purpose of carrying INTO effect the provisions of this
Chapter.
(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 this Chapter, 3[the, fees to be paid in
respect of such appeals and the refund of such fees];
(b) the appointment, functions and jurisdiction of
registering and other prescribed authorities;
4[(ba) the period within which an application for renewal of
a certificate of registration in respect of a motor vehicle,
other than a transport vehicle, may be made and the period
for which such certificate may be renewed;]
----------------------------------------------------------------------
1 Ins. by Act 20 of 1942, s. 11. 2 Subs. by Act 100 of 1956, s 34, for " of fitness in Form H as
set forth in the First Schedule " (w.e.f. 16-2-1957).
3 Added by Act 20 of 1942, s. 12.
4 Ins. by Act 47 1978, s.19 (w.e.f. 16-1-1979).
----------------------------------------------------------------------
59.
1[(c) 7[the issue or renewal] of certificates of
registration and fitness and duplicates of such
certificates to REPLACE the certificates lost, destroyed or
mutilated;
(cc) the production-of certificates of registration
before the registering authority for the revision of
entries therein of particulars relating to the registered
weight or the colour or colours of the body, wings and front
end of vehicles;]
(d) -the temporary registration of motor vehicles, and the
issue temporary certificates of registration and marks;
7[(da) the form in which and the manner in which an appli-
cation for no objection certificate may be made under sub-
section (1) of section 29A and the form of receipt to be
issued under sub-section (2) thereof;]
(e) the manner in which registration marks and the
particulars referred to in 2[subsection 3[(2)] of section
361, and other prescribed particulars shall be -exhibited;
(f) the fees to be charged for 7[the issue or renewal] or
alteration of certificates of registration 4[for making or
cancelling an endorsement in respect of an agreement of hire-
purchase or hypothecation on a certificate of registration,]
for certificates of fitness, for registration marks, and for
the examination or inspection of motor vehicles, and the
refund of such fees;
5[(ff) the exemption of prescribed persons or prescribed
classes of persons FROM payment of all or any or any
portion of the fees payable under this Chapter.)
(g) the forms, other than those set forth in the First
Schedule, to be used for the purposes of this Chapter;
(h) the communication between registering authorities of
particulars of certificates of registration and by owners of
vehicles registered outside the State of particulars of such
vehicles and their registration;
6* * *
7[(i) the amount or amounts under sub-section (1C) of see on
30 or sub-section (1C) of section 31;]
(j) the extension of the validity of certificates of fitness
pending consideration of applications for their, renewal;
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 35, for the original cl. (c)
(w.e.f. 16-2-1957).
2 Subs. by Act 58 of 1960, s. 3 and Sch II, for "sub-section (1)
of section 37".
3 Subs. by Act 56 of 1969, s. 16, for "(3)" (w.e.f. 1-10-1970).
4 Ins. by s. 16, ibid. (We.f. 2-3-1970).
5 Ins. by Act 20 of 1942, s. 12.
6 Cl. (i) omitted by Act 100 of 1956, s. 35 (w.e.f. 16-2-1957).
7 Subs. and ins. by Act 47 of 1978, s. 19 (w.e.f. 16-1-1979).
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60
(k) the exemption FROM the provisions of this Chapter, and
the conditions and fees for exemption, of motor vehicles in
the possession of dealers
(l) the exemption of road-rollers, 1[graders and other
vehicles designed and used solely for the construction,
REPAIR and cleansing of roads] FROM all or- any of the
provisions of this Chapter and the rules made thereunder, and
the conditions governing such exemption; and the exemption of
2[.goods vehicles, being light motor vehicles] FROM the
provisions of section 38 and the conditions governing such
exemption ; and
5[(la) the conditions governing the registration of rebuilt
vehicles;
(m) any other matter which is to be or may be prescribed.
CHAP
CONTROL OF TRANSPORT VEHICLES
Last updated on February, 2008
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