AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Motor Vehicles Act, 1988


47. Assignment of new registration mark on removal to another State.

  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--

  1. By the no objection certificate obtained under section 48 or

  2. In a case where no such certificate has been obtained, by--

  1. The receipt obtained under sub-section (2) of section 48; or

  2. 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.

  1. 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.

  2. 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).

  3. 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.

  4. 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.

  1. Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.

  2. 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).



Motor Vehicles Act, 1988 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered by nubia  |  driven by neosys