Motor Vehicles Act Section 41 — Registration, how to be made

CHAPTER IV REGISTRATION OF MOTOR VEHICLES

Civil

Summary

Sub-section (1) explains that the owner of a motor vehicle, or someone acting on their behalf, must apply for registration. The application must be in the form prescribed by the Central Government, and it must include the documents, details, and information required, and be submitted within the time period set by the Central Government. The first proviso states that if a vehicle is owned jointly by more than one person, only one of the owners needs to make the application on behalf of all owners, and that person is treated as the owner for the purposes of this Act. The second proviso states that for a new motor vehicle, if it is being registered in the same State where the dealer is located, the dealer must make the registration application.

Sub-section (2) states that the application for registration must be accompanied by a fee as prescribed by the Central Government.

Sub-section (3) states that the registering authority will issue a certificate of registration in the name of the owner. The certificate must be in the form, contain the particulars and information, and be issued in the manner prescribed by the Central Government.

Sub-section (4) states that, in addition to other required details, the certificate of registration must specify the type of motor vehicle. The type is determined by the Central Government, which considers the design, construction, and use of the vehicle, and specifies the type through a notification in the Official Gazette.

Sub-section (5) states that the registering authority must enter the details of the certificate of registration into a register. The register must be maintained in the form and manner prescribed by the Central Government.

Sub-section (6) states that the registering authority must assign a distinguishing mark to the vehicle for display on it. This mark, called the registration mark, consists of letters and figures allotted to the State by the Central Government through notifications in the Official Gazette. The mark must be displayed and shown on the vehicle in the form and manner prescribed by the Central Government. The proviso states that for a new motor vehicle registered under the second proviso to sub-section (1), the vehicle cannot be delivered to the owner until the registration mark is displayed on it in the prescribed form and manner.

Sub-section (7) states that a certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, is valid only for a period of fifteen years from the date of issue, or for such other period as the Central Government may prescribe. The certificate is subject to the provisions of this Act and is renewable.

Sub-section (8) states that the owner, or someone on their behalf, must apply for renewal of the certificate of registration. The application must be made within the period, in the form, and with the particulars and information prescribed by the Central Government.

Sub-section (9) states that the application for renewal must be accompanied by a fee as prescribed by the Central Government.

Sub-section (10) states that, subject to the provisions of section 56, the registering authority may renew the certificate of registration upon receiving an application under sub-section (8). The renewal is for a period prescribed by the Central Government. If the authority handling the renewal is not the original registering authority, it must inform the original authority of the renewal. The proviso states that the Central Government may prescribe different renewal periods for different types of motor vehicles.

Sub-section (14) states that an application for a duplicate certificate of registration must be made to the last registering authority. The application must be in the form, contain the particulars and information, and be accompanied by the fee prescribed by the Central Government.

Official Text

(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government:

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[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.]

(2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government.

(3) The registering authority shall issue 3[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government.

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

(5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government.

(6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 1[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.]

(7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 2***, 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 1[or for such period as may be prescribed by the Central Government] and shall be renewable.

(8) An application by or on behalf of the owner of a motor vehicle, 2***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government.

(9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government.

(10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 3[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 1[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 4* * * * *

(14) An application for the issue of a duplicate certificate of registration shall be made to the 5[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government.