Page 48 - The Motor Vehicles Act, 1988

34 THE MOTOR VEHICLES ACT, 1988 SECTION 47

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 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):