43.
Temporary registration,- (1) Notwithstanding anything contained in
section 40, the owner of a motor vehicle may apply to any registering authority
or other prescribed authority to have the vehicle temporarily registered
in the prescribed manner and for the issue in the prescribed manner of a
temporary certificate of registration mark.
(2) A
registration made under this section, shall be valid only for a period not
exceeding one month, and shall not be renewable:
Provided
that where a motor vehicle so registered is a chassis to which a body has not
been attached and the same is detained in a workshop beyond the said period of
one month for being fitted with a body or for any unforeseen circumstances beyond
the control of the owner, the period may be extended by such further
periods as the registering authority or other prescribed authority, as the case
may be, may allow.
(3) In a
case where the motor vehicle is held under hire purchase agreement, lease, or
hypothecation, the registering authority or other prescribed authority shall
issue a temporary certificate of such vehicles, which shall incorporate legibly
the full name and address of the person with whom such agreement has been
entered into by the owner.
44.
Production of vehicle at the time of registration,- The
registering authority shall before proceeding to register a motor vehicle, or
renew the certificate of registration in respect of a motor vehicle or, as the
case may be, for renewing the certificate of registration in respect of a motor
vehicle, other than a transport vehicle, require the person applying for
registration of the vehicle or, as the case may be for renewing the certificate
of registration to produce the vehicle either before itself or such
authority as the State Government may by order appoint in order that the
registering authority may satisfy itself that the particulars contained in the
application are true and that the vehicle complies with the requirements of the
rules made there under.
45.
Refusal of registration or renewal of the certificate of
registration,- The registering authority may, by order, refuse
to register any motor vehicle, or renew the certificate of registration in
respect of a motor vehicle (other than a transport vehicle), if in either case,
the registering authority has reason to believe that it is a stolen vehicle or
the vehicle is mechanically defective or fails to comply with the requirements
of this Act or the rules made there under, or if the applicant fail to furnish
particulars of any previous registration of the vehicle or furnishes inaccurate
particulars in the application for registration of the vehicle or, as the case
may be, for renewal of the certificate of registration thereof and the
registering authority shall furnish the applicant whose vehicle is
refused registration, or whose application for renewal of the certificate of
registration is refused, a copy of such order, together with the reason for
such refusal.
46.
Effectiveness of registration in India,- Subject the provisions of
section 47, a motor vehicle registered in accordance with this Chapter in any
State shall not require to be registered elsewhere in India and a certificate
of registration issued on in force under this Act in respect of such vehicle
shall be effective throughout India.
47.
Assignment of new registration mark on removal to other State,- (1)
When a motor vehicle registered in one State has been kept in another State,
for a period of 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-
( i ) by
the no objection certificate obtained under section 48; or
(ii) in
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 of 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, as far as
may be, regarding obtaining of such certificate from the person with whom such
has been entered into, shall apply.
(2) The
registering authority, to which the 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 registration of the vehicle from the records of that registering
authority to its own records.
(3) Where
a motor vehicle is held under 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):
Provided that action under section 177, shall be taken against the owner where
the owner fails to pay the said amount.
(6) Where
the owner has paid the amount under sub-section (5), no action shall be taken
against him under section 177.
(7) For
the purpose of sub-section (5), 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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