Central Motor Vehicle Rules, 1989 - CHAPTER IV - CONTROL OF TRANSPORT VEHICLES - Rule 82 and Rule 83

CHAPTER IV
CONTROL OF TRANSPORT  VEHICLES
Tourist permits 

Rule  82 and Rule 83

82. Tourist permit,- (1) An application for the grant of permit in respect of a tourist vehicle (hereinafter referred to in these rules as a tourist permit) shall be made in Form 45 to the State Transport Authority.

(2)(a)  A tourist permit shall be deemed to be valid from the date on which the motor vehicle covered by the permit completed 9 years in the case of a motor cab and 8 years where the motor vehicle is other than a motor cab, unless the motor vehicle is replaced;

(b) \Where a vehicle covered by a tourist permit is proposed to be replaced by another, the latter vehicle shall not be more than two years old on the date of such replacement.

  Explanation:- For the purpose of this sub-rule, the period of 9 years or 8 years shall not be computed from the date of initial registration of the motor vehicle.

83. Authorisation fee,- (1)  An application for the grant of authorization for tourist permit shall be accompanied by a fee of  Rs 500 per annumin the form of a bank draft.

(2) Every authorization shall be granted in form 23A, in case the certificate of registration is issued in Smart Card or shall be granted in Form 47. Om case the authorization is in paper document mode  subject to the payment of taxed and fees, if any, levied by the concerned State. The authority which grants the authorization shall issue to the permit holder separate receipts  for such taxes of fees in respect of each bank draft and such receipts shall be security printed water-mark paper carrying such hologram as may be specified by the concerned state/Union territory:

                Provided that  the Bank Drafts received in respect of taxed or fees  shall be invariably be forwarded by the authority which grants the authorization to the respective States:

Central Motor Vehicle Rules, 1989 - CHAPTER III - REGISTRATION OF MOTOR VEHICLES - Rule 76

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rule  76

Special provisions for registration of vehicles of 
Diplomatic Officers etc.

76. Registration of vehicles of diplomatic or consular officers,-(1) Every application for registration of a motor vehicle under sub-section (1) of section 42 by or on behalf of any diplomatic officer or consular officer shall be made in triplicate by the head of the mission or consular officer in Form 42 and  be addressed to the registering authority through the Competent Authority accompanied by the relevant documents and fees referred to in Rule 47.

(2) The competent authority shall forward one copy of application to the registering authority concerned together with a statement certifying the status of the person applying for registration and shall return one copy of the application to the applicant. The third copy of the application may be retained by the competent authority for record.

(3) The registering authority shall, on receipt of the application duly endorsed under sub-rule (2), register the vehicle, subject to the provisions of section 44.

(4) The registering authority shall, issue to the owner of the motor vehicle registered by it  under sub-rule(3), a certificate of registration in Form 33  and shall enter in  a register to be kept by it,  particulars of such vehicle.

(5) The registering authority shall assign to the motor vehicle for display thereon in the manner specified in Rule 77, the registration mark in accordance with sub-rule (6) or sub-rule (7), as the case may be.

(6) A motor vehicle belonging to a diplomatic mission in Delhi or to any of its diplomatic officer shall be assigned a registration mark consisting of the letters “CD” preceded by the number allotted to the mission by the Ministry of External Affairs of the Government of India and followed by a number allotted to the vehicle by the registering authority in the following manner, namely,-

                (i) an official vehicle meant for the use of the head of a mission shall be allotted the number “I”,

                (ii) personal vehicles of the head of the mission shall be allotted the number “I”,  followed by consecutively, in alphabetical order, by  a letter beginning with the letter “A”

                (iii) official vehicles, other than those referred to in clause (i), shall be allotted consecutive letters beginning with the number “2”.

                (iv) vehicles belonging to other officers of the mission shall be allotted numbers in consecutive order after the last number allotted under clause (iii).

                (v) vehicles acquired by a  mission or by its diplomatic officer other than  heads of missions, shall be allotted numbers in consecutive order after the last number allotted under clause (iv) irrespective of whether such vehicle is for official or personal use of the mission or any of its officres,

                (vi) a number allotted to a vehicle under any of  the clauses (i) to (v), which is lying unutilized due to sale or export of  such vehicle  or cancellation of its number may be allotted to  another vehicle under the same clause in respect of which an application has been made under sub-rule(1)

Central Motor Vehicle Rules, 1989 - CHAPTER III - REGISTRATION OF MOTOR VEHICLES - Rule 74 and Rule 75

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rule 75 and Rule 76

Registration of Vehicles belonging to the Central Government

 used for Defense purposes

74. Assignment of registration marks belonging to the Central Government used for defense purposes,-

The authority referred to in sub-section (1) shall assign registration marks to the vehicles belonging to Central Government and used for defense purposes in the following manner, namele

               

                A group of figures followed by  a single capital letter, a broad arrow, not more than six figures and a capital letter or a group of letters. The registration mark shall be in English letters and Arabic numerals.

State Register of Motor Vehicles

75. State Register of Motor Vehicles,- (1) Each State Government shall maintain a State Register of motor vehicles in respect of  motor vehicles registered in the State in From 41.

 (2) Each State Government shall, if so ordered by the Central Government send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).

Special Provisions to Registration of Motor Vehicles of Diplomatic Officers, etc

76. Registration of vehicles of diplomatic or consular officers,-(1) Every application for registration of a motor vehicle under sub-section (1) of section 42 by or on behalf of any diplomatic officer or consular officer shall be made in triplicate by the head of the mission or consular officer in Form 42 and  be addressed to the registering authority through the Competent Authority accompanied by the relevant documents and fees referred to in Rule 47.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 63 - Authorized testing station

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 63
Authorized testing station

63. Regulation and control of authorized testing station,- (1) No operator of an authorized testing station shall issue or renew a certificate of fitness to a transport vehicle under section 56 without a letter of authority in Form 39 granted by the registering authority.

(2) An application for grant or renewal of letter of authority under sub-rule (1) shall be made in Form 40 to the registering authority having jurisdiction in the area in which the service station or garage is situated and shall be accompanied by,-

(a)    the appropriate fee as specified in Rule 81;

(b)   a security deposit of rupees one lakh in such manner as may be specified by the State Government.

Explanation:- For the purpose of this Rule and Rules 64 to 72,the registering authority means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.

(3) A registering authority shall, when considering an application for the grant or renewal of a letter of authority, have regard to the following matters, namely,-

                (a) the applicant or at least one of the  members of the staff employed for inspection of transport vehicles for the purpose of issue or renewal of certificate of fitness possesses the following minimum qualifications:-

                                (i) a three year diploma in automobile engineering or mechanical engineering or an equivalent qualification;

                                (ii) experience of minimum service of five years in an automobile workshop undertaking  repairs of heavy goods vehicles, heavy passenger motor vehicles, medium motor vehicles, and light motor vehicles;

                                                (iii) a driving license to drive motor cycles, heavy passenger motor vehicles and heavy good vehicles with minimum driving experience of not less than five years

                                                (iv) through knowledge of Act and rules made thereunder, especially the Chapters relating to registration of motor vehicles and construction, equipment andmaintenance of motor vehicles;

(a)    the premises where the authorized testing station is to be housed is either owned by the applicant or is taken on lease by him or hired in his name and it has minimum one acre of land for administrative section, reception room and sanitary block and space for erection of testing equipments and other apparatuses.

(b)   Inspection lanes are provided adjacent to the building in the same compound or at other places approved by the registering authority;

(c)    testing equipments and apparatus are installed in such a manner that vehicles may pass through with ease and speed;

(d)   the applicant maintains in good condition, the equipment and apparatus for undertaking test pertaining to exhaust gas, engine tuning, engine analysis, smoke emission, brake system, head-lights, wheel alignments, compressors, speedometers and other like components.

(e)   the financial resources of the applicant are sufficient to provide for continued maintenance.

(f)     The applicant maintains an up-to-date copy of the Act, these Rules and  the concerned State Motor Vehicle Rules.

(4) The registering authority shall also, when considering an application under this rule, take into consideration the fact that after setting up of the authorized testing station will improve the availability of testing facilities in the area both in relation to the number of vehicles and proximity to such facilities.

(5) The registering authority may, on receipt of an application under Sub-rule (2) and after satisfying himself that the applicant has complied with the requirements of sub-rules (3) and (4), grant or renew the letter of authority in Form 39.

                Provided that no application for a letter of authority shall be refused by the registering authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given writing by the registering authority.

                  

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 58

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 58

58. No objection certificate,- (1) An application for the issue of a  no-objection certificate under section 48 in respect of a motor vehicle shall be made in Form 28 to the registering authority by which  the vehicle was previously registered, accompanied by,-

      (a) the certified copy of the registration certificate,

      (b) the certified copy of the certificate of insurance,

      © evidence of payment of motor vehicle tax uptodate,

      (d) where not tax is payable for a certain period a certificate from the tax collecting authority that no tax is due from the vehicle for the said period.

(2) In the case of  a transport vehicle, in the addition to the documents referred to in sub-rule  (1),  documentary evidence in respect of the following matters shall also be furnished, namely,-

      (a) that the vehicle is not covered by any permit issued by any transport authority;

      (b) that the sum of money agreed upon to be paid by the holder of the permit under sub-section (5)  and (6) of section 86 if any, is not pending recovery;

      © evidence of payment of tax on passengers and goods under any law for the time being in force upto the date of application for a no-objection-certificate.

(3) On receipt of the application under sub-rule (1), the registering authority shall fill part III of Form 28 and return that part of the applicant duly signed.

(4) Where the registering authority grants or refuses to grant the no-objection-certificate, it shall return the duplicate copy of the said Form to the applicant and the triplicate copy to the other registering authority after duly filling and signing part II thereof.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 56 Rule 57

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 56 and Rule 57

56. Transfer of ownership on the death of the owner of the vehicle,- (1) Where the owner of a motor vehicle dies, the person succeeding to the possession of the vehicle  may  for a period of three months, use the vehicle as if it has been transferred to him, where such person has, within thirty days of the death of the owner informs the registering authority of the occurrence of the death of owner and of his own  intention to use the vehicle.

 (2) The person referred to in sub-rule (1) shall apply in Form 31 within the period of three months to the said registering authority for the transfer of ownership of the vehicle in his name accompanied by –

            (a) appropriate fee as specified in Rule 81;

            (b) the death certificate in relation to the registered owner;

            ©  the certificate of registration;

(a) the certificate of insurance.

57. Transfer of ownership of vehicle purchased in public auction,-

(1) The person who has acquired or purchased a motor vehicle at a public auction conducted by or on behalf of the Central Government or the State Government shall make an application in Form 32 within thirty days of taking possession of the vehicle to the registering authority accompanied by-

            (a) the appropriate fee as specified in Rule 81;

            (b) the certificate of registration and insurance;

            © the certificate or order confirming the sale of the vehicle in his favor duly signed by the person authorised to conduct the auction; and

(b) the certified copy of the order of the Central Government or State Government authorizing the auction of the vehicle.

(2) Where the vehicle auctioned is a vehicle without any registration mark or with a registration mark which on verification is found to be false, the registering authority shall, subject to the provisions of section 44, assign a new registration mark to the vehicle in the name of the Department of the Central Government or State Government auctioning the vehicle and thereafter record the entries of transfer of ownership of the vehicle giving the name and address of the person to whom the vehicle is sold.

      [Provided that the motor vehicle in the name of the Central Government or State Government shall not be transferred by the concerned registering authority without verifying the proceeding of auction or disposal of the  concerned vehicle.]

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 54 Rule 55.

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 54 and Rule 55

53. Issue of duplicate certificate of registration,-  (1) If at any time, the certificate of registration is lost or destroyed the owner shall report to  the police station in the jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the registering authority by whom the certificate of registration was issued.

 (2)  An application for the issue of a duplicate certificate of registration shall be made to the last registering authority in form 26 and shall be accompanied by the appropriate fee as specified in Rule 81.

54. Assignment of new registration mark,- (1) An application for the assignment of new registration mark under sub-section (1) of section 47 shall be made in from 27 and shall be accompanied by  a no-objection letter in form 28 along with the appropriate fee as specified in Rule 81, within  a period of thirty days from the date of expiry of the period specified in the said section:-

                Provided that where a motor vehicle intended to be kept in a State for a period not exceeding 12 months and the owner of the vehicle makes such declaration to that effect, the application may be made at any time within the said period of twelve months.

 (2) On receipt of an application under sub-rule (1) the registering authority shall, subject to the provisions of section 44, assign to the vehicle the registration mark.

55. Transfer of ownership,- (1) Where the ownership of a vehicle is transferred the transferor shall report the fact of transfer in Form 29 to the registering authorities concerned in whose jurisdiction the transferor and the transferee reside or have their places of business.

 (2) An application for transfer of ownership of  a motor vehicle under sub-clause (1) of  sub-section (1) of section 50 shall be made by the transferee in Form 30, and shall be accompanied by –

                                (i) the certificate of registration;

                                (ii) the certificate of insurance; and

                                (iii) the appropriate fee as specified in Rule 81.

 (3)  An application for transfer of ownership of a motor vehicle under sub-clause (ii) of sub-section (1) of section 50 shall be made by the transferee in Form 30 and shall be accompanied by  one of the following documents namely,-

(a) a no-objection certificate granted by registering authority under sub-section (3) of section 48; or

(b) an order of the registering authority  refusing to grant the no-objection certificate under sub-section (3) of section 48; or

(c)   Where no-objection certificate or order as the case may be, has not been received, a  declaration  by the transferor that he has not received any such communication together with-

(a) the receipt obtained from the registering authority under sub-section (2) of section 48; or

(b) the postal acknowledgement received from the registering authority where the application for no-objection has been sent by post.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 52 and Rule 53.

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 52 and Rule 53

52. Renewal of registration certificate,- (1) 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 to the registering authority  in whose jurisdiction the vehicle is in form 25 not more than sixty days before its expiry, accompanied by the appropriate fee  as specified in Rule 81.

 (2) On receipt of an application under sub-rule (1),  the registering authority shall refer the vehicle to the authority referred to in sub-section (1) of section 56 and after obtaining  a certificate of fitness from that authority, renew the certificate of registration, the renewal shall be made from the date of grant of the certificate of fitness for a period of 5 years.

 (3) A motor vehicle other than a transport vehicle shall be deemed to be validly registered for the purpose of section 39, after the expiry of the period of validity entered in the certificate of registration and no such vehicle shall be used in any public place until its certificate of registration is renewed under sub-rule (2).

53. Issue of duplicate certificate of registration,-  (1) If at any time, the certificate of registration is lost or destroyed the owner shall report to  the police station in the jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the registering authority by whom the certificate of registration was issued.

 (2)  An application for the issue of a duplicate certificate of registration shall be made to the last registering authority in form 26 and shall be accompanied by the appropriate fee as specified in Rule 81.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 48, 49 and 50

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 44, 45, 46  and Rule 47

48. Issue of certificate of registration,- On receipt of an application under Rule 17 and after verification of documents furnished therewith, the registering authority shall, subject to the provisions of section 4, issue to the owner of the motor vehicle a certificate of registration in  form 23 or form 23 A, as may be specified by Notification issued by  the concerned State Government or Union Territory of Administration.

                Provided that where the certificate of registration pertains to a transport vehicle it shall be  handed over to the registered owner only after recording the certificate of fitness in form 38.

49. Registration records to be kept by the registering authority,- Every registering authority shall keep in form 24 a permanent register of motor vehicles registered by it under section 41 and of motor  vehicles of other States for which new registration marks are assigned by it under sub-section (2) of section 47 and shall also enter in such record under the respective registration numbers , all changes made with reference to the provisions  sub-section (10) or sub-section (14) of section 41, sub-section (5) of section 49, sub-section (6) of section 50,  sub-sections (1), (2), (3) and (5) of section 41, sub-sections (4) section 52, orders of suspension under section 53 and order of cancellation under section 54 and 55.

50. Form and manner of display of registration mark on motor vehicles,- (1) On or after the commencement of this rule, the registration mark referred to in sub-section (6) of section 41 shall be displayed both at the front and rear of all motor vehicles clearly and legibly in the form of security license plate of the following specifications, namely,-

                (i) the plates shall be a solid unit made of 1.0 mm aluminum confirming to DIN  1745/DIN 1783 or ISO 7591. Border edges and corners of the plates must have an embossed border. The plate shall be suitable for hot stamping and reflective sheet has to be guaranteed for imperishable nature for minumu 5 years. The fast coloring of legend and border to be done by hot stamping.

                (ii) the plate should bear the letters “IND” in blue color on the extreme left center  of the plate. The letter should be one fourth of the size of the letters mentioned in Rule 51 and should be buried into the foil or applied by hot stamping and should be integral part of the plate;

                (iii) each plate shall be protected against counterfeiting by applying chromium based hologram, applied by hot stamping. Stickers and adhesive labels are not permitted. The plate shall bear a permanent consecutive identification number of minimum seven digits, to be laser branded into the reflective sheeting and hot stamping film shall bear a verification inscription;

(i)            the plate shall be fastened with non-removable/ non-reusable snap lock fitting system on rear of the vehicle at the premises of registering authority;

The license plates with all the above specifications and the specified registration for a vehicle shall be issued by the registering authority or approved license plate manufacturer or their dealers. The Central Road Research Institute New Delhi or any of the agency authorised by the Central Government shall approve the license plate manufacturers to the above specification

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 44, 45, 46 and 47 and Rule 45

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 44, 45, 46  and Rule 47

44. Suspension or cancellation of trade certificate,- If the registering authority has reason to believe that the holder of any trade certificate had not complied with the provisions of Rules 39 to 43, it may, after giving the owner an opportunity of being heart, suspend or cancel the trade certificate help by him.

45. Appeal,- Any person aggrieved by an order of the registering authority under Rule 35 or Rule 44 may, within thirty days of receipt of any such order, appeal to the head of the Motor Vehicles Department established under section 213.

46. Procedure for appeal,- (1) The appeal referred to in Rule 45 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections of the order of the registering authority and shall be accompanied by  the appropriate fee as specified in Rule 81 and a certified copy of the order appealed against.

(2) The appellate authority, after giving an opportunity to the parties to be heard and after such enquiry, if any, as it deems necessary pass appropriate orders.

Registration

47. Application for registration of a motor vehicle,- (1) An application for registration of a motor  vehicle shall be made in form 20 to the registering authority within a period of seven days, from  the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by-

                (a) sale certificate in form 21;

                (b) valid insurance certificate;

                © copy of the proceedings of the State Transport Authority or Transport Commissioner or such

                 other authorities as may be State Government for  the purpose of approval of the design in 

                 the case of s trailer or a semi-trailer;

                (d) original sale certificate from the concerned authorities in form 21 in the case of ex-army vehicles;

                (e) proof of address by way of any of the documents referred to in Rule 4;

                (f) temporary registration, if any;

                (g) road-worthiness certificate in the case of imported vehicles along with the license and bond, if any;

                (h) custom’s clearance certificate in the case of imported vehicles along with the license and bond, if any:

                                Provided that in the case of imported vehicles other than those imported under the Baggage Rules, 1998, the procedure followed by the registering authority shall be same as those procedure followed for registering of vehicles manufactured in India, and;

(a)    appropriate fee as specified in Rule 81.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 38, 39, 40 and Rule 41

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 38, 39, 40 and 41

                                                                        

38. Issue of duplicate certificate,- (1) If at any time the trade certificate is lost or destroyed, its holder shall report to the police station in the jurisdiction of which  the loss or destruction has occurred and intimate the fact in writing to the registering authority by whom the certificate was issued and apply in form 18 to the said registering authority for  a duplicate certificate accompanied by the appropriate fee as specified in Rule 81.

(2) On receipt of an application along with the fee, the registering may issue a duplicate trade certificate clearly marked “Duplicate”.

(3) If after the issue of a duplicate certificate the original is traced, the same shall be surrendered forthwith to the registering authority by which it was issued.

39. Use of trade registration mark and number,- (1) A trade registration mark and number shall not be used upon more than one vehicle at a time or upon any vehicle other than a vehicle bona fide in the possession of the dealer in the course of his business or on any type of vehicle other than the one for which the trade certificate is issued.

(2)  The trade certificate shall be carried on a motor vehicle in a weather proof  circular folder and the trade registration mark shall be exhibited in a conspicuous place in the vehicle.

40. Restriction on use of trade certificate or trade registration mark and number,- A trade certificate shall be used only by the person to whom it is issued and such person shall not allow or offer or cause the  certificate of the number assigned in connection therewith to be used by any other person:

                Provided that the provision of this rule shall not apply where the person to whom the certificate is granted, or a person bona fide in his employment and acting under his authority, or any other person bona fide acting on behalf of the holder of a trade certificate is present in the vehicle, or if such vehicle is designed for use by only one person and is being used by a prospective purchaser of that vehicle for the purpose of reasonable test or trial.

41.  Purpose for which motor vehicle with trade certificate may be used,- He holder of a trade certificate shall not use any vehicle in a public place under that certificate for any purpose other than the following:-

   (a) for test, by or on behalf of the holder of the trade certificate during the course of, or after completion of, construction or repair; or

(b) for proceeding to or returning from a weigh bridge for or after weighment, or to and from any place for its registration; or

© for a reasonable trial or demonstration by or for the benefit of a prospective purchaser and for proceeding to or returning from the place where such person intends to keep it; or

(d) for proceeding to  or returning form the premises of the dealer of the purchaser or of any other dealer for the purpose of delivery;  or

(e) for proceeding to or returning from a workshop with the objective of fitting a body to the vehicle or painting or for repairs; or 

(f) for proceeding to or returning from airport, railway station, wharf, for or after being transported; or

(g) for proceeding to or returning from an exhibition of motor vehicles or any place at which is to be or had been offered for sale; or

(h) for removing the vehicle after it has been taken possession of by or on behalf of the financier due to default on the part of the other party under the  provisions of an hire-purchase, lease, or hypothecation

Motor Vehicle Act, 1988 Registraiton of Motor Vehicles - Chapters 56 to 60 - Kerala RTO

 

  56. Certificate of fitness of transport vehicles,- (1)  Subject to the provisions of sections 59 and 60, a transport vehicle shall be deemed to be validly registered for the purpose of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2) to the effect that the vehicle complies for the time being, with all the requirements of this Act and the rules made thereunder.

      Provided that whether the prescribed authority or the authorized testing station refused to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

  (2) The “authorized testing station”   referred to in sub-section (1) means a vehicle service station or

public or private garage which the State Government having regard to the experience, training and

ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.

  (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.

  (4)  The prescribed authority for reasons to be recorded in writing cancel a certificate of fitness any

time, if satisfied that the vehicle to which it relates no longer complies with the requirements of this Act

and the rules made thereunder, and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter V shall be suspended until a new certificate of fitness has been obtained.

    Provided that no such cancellation shall be made by the prescribed authority unless such prescribed

authority holds such technical qualifications as may be prescribed or where the prescribed authority does not hold technical qualification on the basis of the report of an officer having such qualification.

  (5)  A certificate of fitness issued under this Act shall , while it remains effective, be valid throughout India.

  57. Appeals,- (1) Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.

  (2)  The appellate authority shall give notices of the appeal to the original authority and after giving an

opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit.

  58. Special provisions in regard to transport vehicles, - (1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motor cab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum gross   vehicle weight of such vehicle and the maximum axle weight of each axle of such vehicle.

  (2)  A registering authority, when registering a transport vehicle, other than a motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely,

(a)    the unladen weight of the vehicle,

(b)    the number, nature and size of the tyres attached to each wheel,

(c)     the gross vehicle weight of the vehicle and the registered axle weights pertaining to several axles thereof; and

(d)    If the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided.

and the owner of vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.

  (3)  There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number and size of the tyres attached to the wheels

  Provided that where it appears to Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in in a particular locality for vehicles of a particular type, the Central Government may by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order.

  59. Power to fix the age limit of a motor vehicle, - (1) The Central Government may, having regard to the public safety, convenience and object of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder.

 Provided that the Central Government may specify different ages for different classes or different types of vehicles.

  (2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or used for the purpose of a demonstration  in any exhibition, use for the technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be prescribed in such notification, any class or type of motor vehicle form the operation of sub-section (1)  for the purpose to be stated in the notification.

  (3) Notwithstanding anything contained in section 56, no prescribed authority or authorized testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1)

                 

  60. Registration of vehicles belonging to the Central Government,- (1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposed relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require it to be registered otherwise  under this Act.

  (2) The authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with provisions contained in the rules made in this behalf by Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle for the time being complies with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this section.

  (3) A vehicle registered under this section shall carry the certificate issued under sub-section (2)

   (4) If a vehicle registered under this section ceases to be the property of or under the exclusive control of the Central Government, the provisions of section 39 and 40 shall thereupon apply.

   (5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle at any time as the State Government may require.

Motor Vehicle Act,1988 - Chapter IV - Registraton of Motor Vehicles -Sections 52 to 55 - Kerala RTO

52. Alteration in motor vehicle,- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are  at variance with those originally specified by the manufacturer:

   Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating the operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:

  Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:

  Provided further that Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.

  (2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorize subject to such conditions as may be prescribed in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority.

  (3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason o replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of making of the alteration, report the alteration t the registering authority together with the prescribed fee in order that the particulars registration may be entered therein.

  (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.

  (5) Subject to the provisions made under sub-sections (1), (2), (3), and (4) no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner.

  Explanation: - For the purpose of this section, “alteration means a change in the structure of a vehicle which results in a change in its basic feature.

  53. Suspension of registration: - (1) If any registering authority or other prescribed authority has reasons to believe that any motor vehicle within its jurisdiction-

                                  

(a)is in such a condition that its use in a public place would constitute a danger to the public, or that                it fails to comply with the requirements of this Act or of the rules  made    thereunder, or,

(b) has been, or is being used for hire reward without a valid permit for being used as                             such,          

      

the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration, for reasons to be recorded in writing, suspend the certificate of registration  of the vehicle-

(i) In any case falling under clause (a), until the defects are rectified to its satisfaction;

    and

(ii) In any case falling under clause (b), for a period not exceeding four months.

  (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of suspension.

  (3)  Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall if it is not the original registering authority, inform that authority of the suspension.

  (4)  The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration under this section, surrender the certificate of registration.

  (5)   A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending the registration has been rescinded and not before.

  54. Cancellation of registration suspended under section 53,- Where the suspension of the registration of a vehicle under section 53 has continued without interruption for a  period not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority cancel the registration and if it is not the original registering authority, shall forward the certificate of registration to that registering authority  which may cancel the registration.

 55.  Cancellation of registration, - (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle.

  (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the certificate of registration.

  (3)  Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make ( by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in a such a condition that is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration.

  (4)  If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.

  (5)  If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number endorsed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representations as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration),  and for reasons to be recorded in writing cancel the registration.

  (6) A registering authority making an order of cancellation under section 54 or under this section shall, communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.

    (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and   the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.

   (8)The expression “original registering authority” in this section and in sections 41, 49, 50,51,52,53 and 54 means the registering authority in whose records the registration of the vehicle is recorded.

 (9)In this section “Certificate of Registration” includes a certificate of registration renewed under the provisions of this Act.

Motor Vehicle Act, 1988 - Registraton of Motor Vehicles Chapter IV section 48 to 51

  48. No objection certificate,- (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the  transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle, or as the case may be, for entering the particulars of the transfer in the certificate of registration.

  (2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government.

  (3) On receipt of an application under sub-section (1), the registering authority may, after making such enquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the objection certificate:

   Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant.

  (4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate.

  (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police officer that no case relating to theft or the motor vehicle concerned has been reported or is pending, verify whether all amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other facts as may be prescribed by the Central Government.

  (6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing on any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.

   49. Change of residence or place of business,- (1) If the owner of a motor vehicle ceases to reside in 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 Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, and shall at the same time forward the certificate of registration to the registering authority  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) 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 not exceeding one 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 purpose 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 verifications 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 may after making such an 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.

  50. Transfer of ownership, - (1) Where the ownership of any motor vehicle registered under this Chapter is transferred,-

  (a) the transferee shall-

         (1) In the case of a vehicle registered within the State within fourteen days of transfer, report the fact of transfer, in such form with such documents and in such manner, as my be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and

       (ii) in the case of a vehicle registered outside the State, within forty five days of the transfer, forward to the registering authority referred to in sub-clause (1)-

(A)    the no objection certificate obtained under section 48; or

(B)    in a case where no such certificate has been obtained,

(1)    the receipt obtained under sub-section (2) of section 48; or

(2)    the postal acknowledgement received by the transferor 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 or requiring him to comply with any direction subject to which such certificate may be granted;

(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that the particulars of the transfer of ownership may be entered in the certificate of registration.

(2)    Where-

(a)    the person in whose name a motor vehicle stands registered dies: or;

(b)    a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of Government,

the person succeeding to the possession of the vehicle, or as the case may be, who has purchased or acquired a motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within the period as may be prescribed by the Central Government.

(3)     If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed , the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee or the other person, as the case may be, 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 (5);

Provided that action under section 177, shall be taken against the transferor, or the transferee or the other person, as the case may be, where he fails to pay the said amount.

(4)     Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.

(5)    For the purpose of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or transferee in reporting the fact of transfer of ownership of the motor vehicle or the other person in making the application under sub-section (2)

(6)    On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration.

(7)    A registering authority making any such entry shall communicate the transfer to the transferor and to the original registering authority, if it is not the original registering authority.

51. Special provision regarding motor vehicle subject to hire purchase agreement, etc,- (1) Where an   application for registration of a motor vehicle which is held under a hire-purchase, lease or  hypothecation  agreement ( hereinafter in this section referred to as the said agreement) is made,         the registering authority shall make an entry in the certificate of registration regarding the existence         of the said agreement.

            (2)Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the last registering authority shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement, in the certificate of registration and an intimation in this regard shall be  sent to the original registering authority if the last registering authority is not the original registering authority.

(3)    An entry made under sub-section (1) or sub-section (2), may be cancelled by the last registering authority on proof of the termination of the said agreement by the parties concerned on application being made in such a form as the Central Government may prescribe and an intimation in this behalf shall be sent to the original registering authority, if the last registering authority is not the original registering authority.

(4)    No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement.

(5)    Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle from the registered owner owing to default of the registered owner under the provisions of the said agreement and the registered owner refuses or to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representations as he may wish to make by sending him a notice by registered post acknowledgment due at his address entered in the certificate of registration and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement.

     Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee:

      Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section, would have been in force.

(6)    The registered owner shall, before applying to the appropriate authority for the renewal of permit under section 81 or for the issue of duplicate registration under sub-section (14) of section 41, or for the assignment of a new registration mark under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for the alteration of the vehicle under section 52, make an application to the person with whom the registered owner has entered into the said agreement, (such person being hereafter in this section as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate)

Explanation:- For the purpose of this sub-section and sub-sections (8) and (9), “appropriate authority” in relation to any permit, means the authority which is authorized by this Act to renew such permit and, in relation to registration means the authority which is authorized by this Act to issue a duplicate certificate of registration or to  assign a new registration mark.

(7)    Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier.

(8)    The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration  under sub-section 14 of section 41, or while applying for assignment of a new registration mark under section 17, submit with such application the certificate, if any, obtained  under sub-section (7) or, where no such certificate has not been obtained, the communication received from the financier under sub-section or, as the case may be, a declaration that he has nor received any  communication from the financier within a period of seven days specified in that sub-section.

(9)    On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of fresh registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the provisions of this Act –

            

(a)    In a case where the financier has refused to issue the certificate of registration, applied for, after giving the applicant an opportunity of being heard, either –

(i)                Renew or refuse to renew the permit, or

(ii)              Issue or refuse to assign a new registration mark

(b)    In any other case,

(i)                renew the permit, or

(ii)              issue duplicate certificate of registration

(iii)             assign a new registration mark

(10)  A registering authority making an entry in the certificate of registration regarding-

(a)    Hire-purchase, lease or  hypothecation agreement of a motor vehicle, or

(b)    the cancellation under, sub-section (3) of an entry, or

(c)    recording transfer of ownership of a motor vehicle or

(d)    any alteration in a motor vehicle, or

(e)    suspension or cancellation of registration of a motor vehicle, or

(f)     change of address,

(g)    shall communicate by registered post acknowledgement due to the financier that such entry has been made

(11) A registering authority registering the new vehicle or issuing the duplicate registration certificate or a no objection certificate or a temporary certificate of registration, or issuing or renewing a fitness certificate or substituting entries relating to  another motor vehicle in the permit, shall intimate the financier of such transaction

(12) The registering authority where it is not the original registering authority, when making an entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.