Section 46. Effectiveness in India of registration.

Is vehicle registration under the Motor Vehicles Act valid across all states in India?

Yes, according to Section 46 of the Motor Vehicles Act, once a motor vehicle is registered in accordance with the provisions of the Act in any state of India, it does not need to be registered again elsewhere in the country.

What does "effective throughout India" mean regarding vehicle registration?

It means that a certificate of registration issued under the Motor Vehicles Act for a vehicle registered in one state remains valid and recognized across all states in India.

Can a registered vehicle from one state operate in another state without additional registration?

Yes, a vehicle registered in one state can operate in any other state in India without the need for re-registration. The certificate of registration issued by the original registering authority is sufficient.

What are the benefits of the provision that allows nationwide recognition of vehicle registration?

This provision promotes ease of mobility and commerce by eliminating the bureaucratic burden of re-registering vehicles when moving between different states in India.

Under what circumstances would a vehicle registered in one state need to be re-registered in another state?

Section 46 of the Motor Vehicles Act ensures that a vehicle does not require re-registration in another state, except under specific circumstances outlined in Section 47 of the Act, which deals with the transfer of ownership from one state to another.

What is the procedure if I want to move my vehicle registered in one state to another state permanently?

According to Section 47(1) of the Motor Vehicles Act, if your vehicle has been kept in another state for more than twelve months, you must apply to the registering authority of the new state for a new registration mark. This application should be made in the prescribed form and accompanied by the existing certificate of registration.

What documents are required for applying for a new registration mark in another state?

Along with the application, you need to provide either a no objection certificate (NOC) obtained from the previous registering authority (under Section 48) or other specified documents such as receipts or postal acknowledgements, confirming that no objection certificate is pending or refused.

Who needs to be informed when a new registration mark is assigned to a vehicle under hire-purchase or lease agreement?

Under Section 47(3), if your vehicle is under a hire-purchase, lease, or hypothecation agreement, the new registering authority must inform the person specified in the certificate of registration regarding the assignment of the new registration mark.

Is there a penalty for failing to apply for a new registration mark within the prescribed period?

Yes, Section 47(5) states that if the owner fails to apply within the prescribed period, the registering authority may impose a penalty, not exceeding the specified amount, instead of taking legal action under Section 177 of the Act.

How does the Motor Vehicles Act facilitate the transfer of vehicle registration across states?

Section 47 ensures that once a vehicle is assigned a new registration mark in another state, its registration remains valid and recognized throughout India, promoting ease of vehicle movement across state borders.

What is a no objection certificate (NOC) under the Motor Vehicles Act?

A no objection certificate (NOC) is a document issued by the registering authority of a motor vehicle stating that they have no objection to the assignment of a new registration mark or the transfer of ownership of the vehicle.

When is a no objection certificate required?

According to Section 48(1) of the Motor Vehicles Act, an NOC is required when applying for the assignment of a new registration mark under Section 47 or when transferring a vehicle's ownership to another state.

How do I apply for a no objection certificate?

To apply for an NOC, you need to submit an application in the prescribed form to the registering authority where the vehicle is currently registered. The authority will issue a receipt (Section 48(2)) and then either grant or refuse the NOC within thirty days (Section 48(3)).

What factors does the registering authority consider before issuing a no objection certificate?

Before issuing the NOC, the registering authority verifies whether the vehicle is not reported stolen, ensures all government dues like road taxes are paid, and considers other factors as prescribed by the Central Government (Section 48(5)).

What happens if the registering authority does not respond within thirty days of the application?

If the registering authority does not refuse or communicate the refusal within thirty days (Section 48(4)), it is deemed that the NOC has been granted.

Is there any obligation on the vehicle owner regarding reporting theft?

Yes, according to Section 48(6), the owner must promptly inform the registering authority in writing about any theft of the vehicle, including details of the police station where the report was lodged. This information is crucial for processing applications related to NOCs, registration, ownership transfers, or issuance of duplicate registration certificates.

What is Section 49 of the Motor Vehicles Act about?

Section 49 mandates that if a motor vehicle owner changes their residence or place of business from the address recorded in the vehicle’s registration certificate, they must inform the registering authority within thirty days.

How should an owner notify the registering authority about a change of address?

The owner must submit an intimation in the prescribed form along with required documents to the registering authority where the vehicle was originally registered. If the new address is in another state, the intimation can be sent to any registering authority in that state (Section 49(1)).

Can the intimation of change of address be done electronically?

Yes, as per Section 49(1A), the intimation can be submitted electronically to the appropriate registering authority, along with authenticated documents in the manner prescribed by the Central Government.

What happens if the owner fails to inform the new address within thirty days?

Failure to notify the new address within thirty days may result in the registering authority imposing a fine, not exceeding the amount prescribed, instead of taking action under Section 177 of the Motor Vehicles Act (Section 49(2)).

Is there a provision for temporary changes in address?

Yes, Section 49(7) exempts the requirement to notify a change in address if it’s due to a temporary absence not exceeding six months or if the vehicle remains unused and not moved from the registered address.

What does the registering authority do upon receiving the intimation?

Upon receipt of the intimation under Section 49(1), the registering authority verifies the details and updates the new address in the vehicle’s registration certificate. If the intimation is sent to a different registering authority, they communicate the updated address to the original registering authority (Section 49(5) and (6)).

What does Section 50 of the Motor Vehicles Act deal with?

Section 50 outlines the procedures and requirements for transferring ownership of a motor vehicle that is registered under this Act.

What are the responsibilities of the transferor and transferee during the ownership transfer?

The transferor must report the transfer within fourteen days if it's within the same state or within forty-five days if it's across states. This report must be made to the respective registering authority and a copy sent to the transferee.

What happens in case of death of the registered owner or acquisition through public auction?

If the registered owner dies or if the vehicle is acquired through a public auction conducted by the government, the new owner must apply for ownership transfer to the registering authority within the specified period and in the prescribed manner (Section 50(2)).

What are the consequences of failing to report the transfer or apply for ownership transfer within the specified period?

Failure to report the transfer within the specified period may result in the registering authority imposing a fine, not exceeding the prescribed amount, instead of taking action under Section 177 of the Motor Vehicles Act (Section 50(3) and (5)).

How does the registering authority handle the transfer of ownership process?

Upon receipt of the necessary reports or applications, the registering authority updates the certificate of registration to reflect the new ownership details and communicates this to the transferor and the original registering authority if different (Section 50(6) and (7)).

What does Section 51 of the Motor Vehicles Act cover?

Section 51 addresses the procedures and obligations related to motor vehicles held under hire-purchase, lease, or hypothecation agreements.

What are the responsibilities of the registering authority regarding vehicles under such agreements?

The registering authority must enter details about the hire-purchase, lease, or hypothecation agreement in the certificate of registration (Section 51(1)).

How does the process work if a vehicle under such an agreement is transferred to a new owner?

The new owner must obtain consent from the financier (person under the agreement) before any entry regarding transfer of ownership is made in the certificate of registration (Section 51(4)).

What role does the financier play in these transactions?

The financier must issue a no objection certificate (NOC) upon request from the registered owner for various transactions such as permit renewal, duplicate registration certificate, or new registration mark assignment, within seven days of application. Failure to respond within this period is deemed as issuance of the NOC (Section 51(6) and (7)).

What does Section 52 of the Motor Vehicles Act regulate?

Section 52 regulates alterations to motor vehicles, ensuring that any modifications do not conflict with the vehicle’s original specifications as specified by the manufacturer.

What are the key provisions regarding alterations in motor vehicles under this section?

Owners cannot alter vehicles in a way that changes the details in the certificate of registration unless approved by the registering authority (Section 52(1)).

What actions must be taken if alterations are made without approval?

The owner must promptly report the alterations to the registering authority and update the registration certificate within fourteen days, paying the required fee (Section 52(3)).

How does this section affect vehicles under hire-purchase agreements?

No alterations can be made to a vehicle under a hire-purchase agreement without written consent from the registered owner (Section 52(5)).

What is the role of the registering authority in approving alterations?

The registering authority approves alterations that comply with specified conditions, communicates these changes to the original registering authority if different, and ensures compliance with legal standards (Section 52(4)).

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