CHAPTER IV REGISTRATION OF MOTOR VEHICLES section 39 to 42 - Kerala RTO

39.Necessity for registration, - No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

40. Registration, where to be made,- Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by registering authority 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 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, 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 purpose of this Act.

  (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by Central Government.

  (3) The registering authority shall issue to the owner of the motor vehicle registered by it a certificate of registration 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 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 registration mark) consisting of one of the groups of such of 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 specified by the Central Government.

  (7) A certificate of registration issued under sub-section (3), whether before after the commencement of this Act, in respect of a motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years, from the date of issue of such certificate and shall be renewable.

  (8) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration shall be made within such period and in such form containing such particulars and information as may be prescribed by the Central Government.

   (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government.

  (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration for a period of five years and intimate the fact to the original registering authority, if it is not the original registering authority.

  (11) If the owner fails to make an application under sub-section (1), or, as the case may be, under sub-section (8) 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 (13);

  Provided that action under section 177, shall be taken against the owner where the owner fails to pay the said amount.

  (12) Where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177.

  (13) For the purpose of sub-section (11), 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) or sub-section (8).

  (14) An application for the issue of a duplicate certificate of registration shall be made to the last registering authority in such form containing such particulars and information along with such fee as may be prescribed by the Central Government.

  42. Special provisions for registration of motor vehicles of diplomatic officers, etc,- (1) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate of registration (hereinafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section, and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act

  (2) If any vehicle registered under this section, ceases to be the property of any diplomatic officer of consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of section 39 and 40 shall apply.

  (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by registering authorities for  registering such vehicles, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles.

  (4) For the purpose of this section,” diplomatic officer” or “consular officer” means any person who is recognized as such by the Central Government  and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final.