Page 50 - The Motor Vehicles Act, 1988
P. 50

36  THE MOTOR VEHICLES ACT, 1988                               SECTION 49

                                                         COMMENT
                               No jurisdiction is conferred upon the civil court as regards the issuing of injunction order, not
                          only in respect of the action already taken in the matter of grant of permit but they are also
                          prohibited in the matter of issuing preventive orders in connection therewith and the civil court is
                          permitted jurisdiction only with the transport authorities granting permit or likely to grant permit are
                          not duly constituted.
                          49. Change of residence or place of business
                               (1) If the owner of a motor vehicle ceases to reside or have his place of business at
                          the address recorded in the certificate of registration of the vehicle, he shall, within
                          thirty days of any such change of address, intimate in such form accompanied by such
                          documents as may be prescribed by the Central Government, his new address, to the
                          registering authority by which the certificate of registration was issued, or, if the new
                                                               1
                          address is within the jurisdiction of another  [State, to any registering authority in that
                          State], and shall at the same time forward the certificate of registration to the registering
                          authority or, as the case may be, to the other registering authority in order that the new
                          address may be entered therein.
                               2 [(1A) The intimation under sub-section (1) may be sent to the appropriate
                          registering authority in electronic form along with the electronic form of such documents,
                          including proof of authentication in such manner as may be prescribed by the Central
                          Government.]
                               (2) If the owner of a motor vehicle fails to intimate his new address to the concerned
                          registering authority within the period specified in sub-section (1), 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
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                          not exceeding  [five hundred rupees] as may be prescribed under sub-section (4):
                               PROVIDED that action under section 177 shall be taken against the owner where
                          he fails to pay the said amount.
                               (3) Where a person has paid the amount under sub-section (2), no action shall be
                          taken against him under section 177.
                               (4) For the purposes of sub-section (2), a State Government may prescribe different
                          amounts having regard to the period of delay in intimating his new address.
                               (5) On receipt of intimation under sub-section (1), the registering authority may,
                          after making such verification as it may think fit, cause the new address to be entered in
                          the certificate of registration.
                               (6) A registering authority other than the original registering authority making
                          any such entry shall communicate the altered address to the original registering
                          authority.
                               (7) Nothing in sub-section (1) shall apply where the change of the address recorded
                          in the certificate of registration is due to a temporary absence not intended to exceed six
                          months in duration or where the motor vehicle is neither used nor removed from the
                          address recorded in the certificate of registration.

                          1.  Substituted for “registering authority, to that other 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, ibid.
                          3.  Substituted for “one hundred rupees”, ibid.
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