The Motor Vehicles Act, 1988
47.
Assignment of new registration mark on removal to another State.
- 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--
- By the no
objection certificate obtained under section 48 or
- In a case
where no such certificate has been obtained, by--
- The receipt
obtained under sub-section (2) of section 48; or
- 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.
- 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.
- 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).
- 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.
- 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.
- Where the
owner has paid the amount under sub-section (5), no action shall be taken
against him under section 177.
- 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).
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