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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



(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 * * *

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1. Sub-section (2) omitted by Act 100 of '1956, s. 19 (w.e.f. 16-2-1957).

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1* * * Subject to the provisions of 2*[section 24A,] section 25 and section 39, every owner of a motor vehicle shall cause the vehicle
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.

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1. The brackets and figure "(1)" omitted by Act 20 of 1942, s. 7.

2. Ins. by Act 100 of 1956, s. 20 (w.e.f. 16-2-1957).

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(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 1*[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.
 
(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.]

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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).

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(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.]

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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).

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1*[(1)] The registering 2*[authority shall 3*[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 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 there under.

4*[(2) Nothing in sub-section (1) shall apply to any motor vehicle owned by or on behalf of the Government.]

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1. S. 26 renumbered as sub-section (1) of that section by Act 100 of 1956, s. 24, (w.e.f. 16-2-1957).

2. Subs. by s. 24, ibid., for, "authority may before" (w.e.f. 16-2- 1957).

3. Subs. by Act 47 of 1978, s. 10 (w.e.f. 16-1-1979).

4. Ins. by Act 100 of '1956, s. 24 (w.e.f. 16-2-1957).

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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 there under, 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.]

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1. Subs. by Act 47 of 1978, s. 11 (w.e.f. 16-1-1979).

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(1) Subject to the provisions of section 29, a motor vehicle registered in accordance with this Chapter in any State 1* * * shall not require to be registered 2*[elsewhere in India] and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout 3[India]. 4* * * 5* * *

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1. The words "or deemed to be registered under this Act" omitted by Act 20 of 1942, s. 8.

2. Subs. by the A.0. 1950 for "in any other Province".

3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States"

4. Proviso omitted by Act 20 of 1942, s. 8.

5. Sub-sections (2), (3), (4) and (5) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968)

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(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:

3*[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 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.]
 
(2) The registering authority, to which application is made
under sub-section (1), shall assign the vehicle a registration mark
4*[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.

3*[(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.

29A 5*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.]

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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. Added & ins. by Act 47 of 1978, s.12 (16-1-1979).

4. Subs , ibid. (w.e.f. 17-1-1983).

5. Ins. by s. 13, ibid. 7 Ins. by s.14, ibid.

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(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.

1*[(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.

(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.

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1. S. 29A omitted by Act 56 of 1969, s. 12 (w.e.f. 2-3-1970).

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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 together 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.

31A. 5*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.

(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 registration 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 4*[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.]

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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).

4. Subs, by Act 100 of 1956, s. 28, for original s. 32. (w.e.f. 16-2-1957).

5. Subs. & Ins. by Act 47 of 1978, s. 16 (w.e.f. 16-1-1979).

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(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.
 
(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, authorise, 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.]

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1 Subs. by Act 100 of 1956, s. 29, for. the original sub-section (w.e.f. 16-2-1957).

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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 there under, 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 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.

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1 Ins. by Act 100 of 1956, s. 30 (w.e.f. 16-2-1957).

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(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  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.]

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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).

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(1) Any owner of a motor vehicle aggrieved by an order of refusal under section 27 2*[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* * * * *
Special provisions in regard to transport vehicles.

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1. Proviso to sub-section (2) omitted by Act 100 of 1956, s. 31 (w.e.f. 16-2-1957).

2. Subs. by s.18, ibid. (w.e.f. 16-1-1979).

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(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, 1*[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
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 2*[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 3*[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 3*[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.]

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1. Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982).

2. Subs. by. Act 56 of 1969, s. 14 (w.e.f. 2-3-1970),

3. Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982).

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(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 there under. 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 there under ; 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.]

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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).

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(1) The authority specified in Part B of the Fourth Schedule may register any motor vehicle which is the property 1*[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 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
there under] 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.

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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).

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(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.



(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, 1*[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;

2*[(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;]

7*[(c) 8*[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;

6*[(da) The form in which and the manner in which an application 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 9*[subsection 3*[(2)] of section 361, and other prescribed particulars shall be -exhibited;

(f) The fees to be charged for 8*[the issue or renewal] or alteration of certificates of registration 10*[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;

3*[(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; 4* * *

5*[(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; 

(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, 11*[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 there under, and the conditions governing such exemption; and the exemption of 1*2[goods vehicles, being light motor vehicles] from the provisions of section 38 and the conditions governing such exemption ; and

13*[(la) The conditions governing the registration of rebuilt vehicles;

(m) Any other matter which is to be or may be prescribed.

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1. Added by Act 20 of 1942, s. 12. 4 Ins. by Act 47 1978, s.19 (w.e.f. 16-1-1979).

2. Subs. by Act 100 of 1956, s. 35, for the original cl. (c) (w.e.f. 16-2-1957).

3. Subs. by Act 58 of 1960, s. 3 and Sch II, for "sub-section (1) of section 37".

4. Subs. by Act 56 of 1969, s. 16, for "(3)" (w.e.f. 1-10-1970).

5. Ins. by s. 16, ibid. (We.f. 2-3-1970).

6. Ins. by Act 20 of 1942, s. 12.

7. Cl. (i) omitted by Act 100 of 1956, s. 35 (w.e.f. 16-2-1957).

8. Subs. and ins. by Act 47 of 1978, s. 19 (w.e.f. 16-1-1979).

9. Ins. by Act 20 of 1942, s. 12.

10. Subs. by Act 100 of 1956, s. 35, for "delivery vans" (w.e.f. 16-2-1957).

11. Ins. by Act 56 of 1969, s. 17 (w.e.f. 2-3-19.70).

12. Subs. by Act 100 of 1956, s. 36, for the former cl. (w.e.f. 16-2-1957).

13. Cl. (ee) ins. by s. 36, ibid., was omitted by Act 56 of 1969, s. 17 (w.e.f. 1-6-1973).

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(1) No owner of , a transport vehicle shall,use or permit the use of the vehicle in any public place or not such vehicle is actually carrying any passenger or goods)] in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority 3*[or the Commission] authorising the use of the vehicle in that place in the manner in which the vehicle is being used:

Provided
that a stage carriage permit shall, subject to any con- ditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage

Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not:

Provided further
that a public carrier's permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.
 
(2) In determining, for the purposes of this Chapter, whether a transport vehicle is or is not used for the carriage of goods for hire or reward,-

(a) The delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire-purchase in the course of any trade or business carried on by him other than the trade or business of providing transport,

(b) The delivery or collection by or on behalf of the owner of goods which have been or which are to be subjected to a process or treatment in the course of a trade or business carried on by him, or

(c) The carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes, shall not be deemed to constitute a carrying of the goods for hire or reward but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired temporary ownership, of the goods for the purpose of transporting them to another place and there relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward.

(3) Sub-section (1) shall not apply-

1*[(a) To any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise

(b) To any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes ;

(c) To any transport vehicle used solely for police, fire brigade or ambulance purposes;

(d) To any transport vehicle used solely for the conveyance of corpses;

(e) To any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety: 2*

(f) To any transport vehicle used for any other public purpose prescribed in this behalf ;

1*[(ff) To any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf;]

(g) To any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the State Government or whose managing committee is a society registered under the Societies Registration Act, 1860; (21 of 1860). 2*

4*[(i) To any goods vehicle which is a light motor vehicle and does not ply for hire or reward. or to any two wheeled trailer with a registered laden weight not exceeding 2*[800 kilograms] drawn by a motor car;]

(j) Subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place,- situated in any other State, without carrying any passenger or goods;

(k) To any transport vehicle which has been temporarily registered under section 25, while proceeding empty to any place for the purpose of registration of the vehicle under section 24;

(l) To any transport vehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;

(m) To any transport vehicle which, owing to flood, earthquake or any other natural calamity, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; or

(n) To any transport vehicle while proceeding empty to any place for purpose of repair].
 
(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 68 so prescribes, apply to any motor vehicle adapted to carry more than nine 1*[persons] excluding the driver.

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1. Ins. by Act 56 of 1969, s. 17 (w.e.f. 1-6-1973).

2. Cl. (h) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8- 1968).

3. The words "except as may otherwise be prescribed," omitted by Act 56 1969, s. 17 (we.f. 1-6-1973).

4. Ins. by Act 56 of 1969, s. 17 (w.e.f. 1-6-1973).

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Last updated on August, 2016

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