Page 44 - The Motor Vehicles Act, 1988
P. 44

30  THE MOTOR VEHICLES ACT, 1988                               SECTION 41

                          40. Registration, where to be made
                               Subject to the provisions of section 42, sections  43 and 60, every owner of a motor
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                          vehicle shall cause the vehicle to be registered by  [any registering authority in the
                          State] in whose jurisdiction he has the residence or place of business where the vehicle
                          is normally kept.
                          41. Registration, how to be made
                               (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.
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                               (3) The registering authority shall issue  [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:
                               2 [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 be prescribed by the Central Government.]
                          1.  Substituted for “a registering authority” by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019),
                              dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
                          2.  Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide SO
                              1433(E), dt. 31-3-2021.
                          3.  Substituted for “to the owner of a motor vehicle registered by it a certificate of registration” by the
                              Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E),
                              dt. 28-8-2019.
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