Motor Vehicles Act Section 47 — Assignment of new registration mark on removal to another State
CHAPTER IV REGISTRATION OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) says that when a motor vehicle registered in one State has been kept in another State for more than twelve months, the owner must apply to the registering authority in the State where the vehicle currently is, asking for a new registration mark. The application must be made within the time period, in the form, and with the details prescribed by the Central Government, and the owner must present the certificate of registration to that authority.
Under the first proviso to sub-section (1), the application must be accompanied by either a no objection certificate obtained under section 48, or, if no such certificate has been obtained, by either the receipt obtained under sub-section (2) of section 48, or the postal acknowledgement received by the owner if he sent an application by registered post acknowledgement due to the registering authority referred to in section 48, along with a declaration that he has not received any communication from that authority refusing to grant the certificate or requiring him to comply with any direction.
Under the second proviso to sub-section (1), if the motor vehicle is held under a hire-purchase, lease, or hypothecation agreement, the application must be accompanied by a no objection certificate from the person with whom that agreement was entered into, and the provisions of section 51, as far as they apply, regarding obtaining such a certificate from that person, shall apply.
Sub-section (2) says that the registering authority receiving the application under sub-section (1) shall, after making whatever verification it thinks fit of the returns received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41, which must be displayed on the vehicle thereafter. The authority shall enter the mark on the certificate of registration before returning it to the applicant, and shall, in communication with the registering authority that previously registered the vehicle, arrange for the transfer of the registration from that authority's records to its own records.
Sub-section (3) says that where a motor vehicle is held under a hire-purchase, lease, or hypothecation agreement, the registering authority shall, after assigning the new registration mark under sub-section (2), inform the person whose name is specified in the certificate of registration as the person with whom the registered owner has entered into that agreement. This is done by sending a notice by registered post acknowledgement due to that person's address as entered in the certificate, stating the fact of assignment of the new registration mark.
Sub-section (4) says that a State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within that State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information about the vehicle and its registration as may be prescribed.
Sub-section (5) says that if the owner fails to make an application under sub-section (1) within the prescribed period, the registering authority may, considering the circumstances of the case, require the owner to pay an amount not exceeding one hundred rupees, as prescribed under sub-section (7), instead of any action that may be taken against him under section 177. The proviso says that action under section 177 shall be taken against the owner if the owner fails to pay that amount.
Sub-section (6) says that where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.
Sub-section (7) says that for the purposes of sub-section (5), the State Government may prescribe different amounts, depending on the period of delay by the owner in making an application under sub-section (1).
Official Text
(1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:
Provided that an application under this sub-section shall be accompanied—
(i) by the no objection certificate obtained under section 48, or
(ii) in a case where no such certificate has been obtained, by—
(a) the receipt obtained under sub-section (2) of section 48; or
(b) the 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 48, 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:
Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply.
(2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the 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) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, 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 or lease or hypothecation agreement (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).
(4) A State Government may make rules under section 65 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 the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.
(5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7):
Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.
(6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.
(7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1).