(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and 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, the 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 purposes of this Act.
(2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government.
(3) The registering authority shall issue to the owner of a 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 the 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 the registration mark) consisting of one of the groups of such of those 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 prescribed by the Central Government.
(7) A certificate of registration issued under sub-section (3), whether before or 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 purposes 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.
Simplified Explanation
Section 41 provides the detailed procedure for vehicle registration, ensuring that every motor vehicle is properly recorded with the relevant transport authority. It lays down the application process, the information required, and the conditions for obtaining a Registration Certificate (RC).
Key Points
- Application for Registration:
- The owner of the vehicle must apply for registration by submitting an application to the relevant Regional Transport Office (RTO) or any authorized registering authority.
- The application must be made in the prescribed form and should be accompanied by required documents, such as:
- Proof of ownership of the vehicle (e.g., sale deed, invoice).
- Insurance certificate of the vehicle.
- Proof of address (residence or business) of the owner.
- A document proving that the vehicle has been inspected and is roadworthy.
- Emission certificate (if applicable).
- Vehicle Inspection:
- Before registration, the vehicle is usually required to undergo an inspection by the RTO to ensure it meets safety and emission standards.
- This inspection confirms that the vehicle is roadworthy and complies with the regulations of the Motor Vehicles Act.
- Allotment of Registration Mark (Number Plate):
- Upon successful submission of the application and documents, the registering authority will allot a unique registration number (also known as the vehicle’s number plate).
- This number will be displayed on the vehicle and used as an identification mark for the vehicle.
- Details in the Registration Certificate (RC):
- The registration certificate issued by the RTO will contain important details such as:
- Vehicle registration number.
- Name and address of the owner.
- Engine number and chassis number of the vehicle.
- Make, model, color, and type of the vehicle.
- Validity period of the registration.
- The registration certificate serves as proof of registration and is required to be carried in the vehicle at all times.
- The registration certificate issued by the RTO will contain important details such as:
- Temporary Registration:
- In certain cases, a temporary registration number can be issued if the vehicle is being driven to another location (e.g., when moving the vehicle from the showroom to the owner’s place of residence).
- Temporary registration is valid for a limited period, usually around one month, during which permanent registration must be obtained.
- Transfer of Ownership:
- If ownership of the vehicle is transferred (e.g., through sale or gift), the registration certificate must be updated to reflect the new owner’s details. A similar application process is required for transferring registration.
- Changes in Vehicle Information:
- If any details of the vehicle change after registration (such as a change in color, engine, or fuel type), the owner must inform the RTO to update the registration certificate accordingly.
- Validity and Renewal:
- The registration certificate for private vehicles is usually valid for 15 years, after which it must be renewed. For commercial vehicles, the validity period is typically shorter, and the renewal process is more frequent.
- Authority to Refuse Registration:
- The RTO or registering authority has the right to refuse registration if the vehicle does not meet the required legal and safety standards. In such cases, the owner may be asked to rectify the issues or provide additional documentation.
Example Scenario
If someone buys a new car in Delhi, they must apply for its registration at the local RTO by submitting the relevant documents (like proof of ownership, insurance certificate, etc.). After inspecting the vehicle for compliance with road safety and emission norms, the RTO will issue a Registration Certificate (RC) and assign a registration number (e.g., DL 01 AB 1234). This number must be displayed on the vehicle’s number plate.
Importance
The registration process ensures that every motor vehicle is recorded and identifiable, which is crucial for:
- Enforcing traffic laws.
- Tracking ownership.
- Ensuring road safety.
- Preventing the use of unroadworthy or unsafe vehicles.
It also helps the authorities maintain proper records of vehicles for taxation, insurance, and law enforcement purposes.
Conclusion
Section 41 of the Motor Vehicles Act specifies the procedure for registering a vehicle, including submitting the necessary documents, undergoing inspections, and obtaining a registration number. It ensures that vehicles on the road are properly documented, safe, and comply with the regulations of the Motor Vehicles Act.
