(1) When a motor vehicle registered in one State has been kept in another State, for a period 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—
- (i) by the no objection certificate obtained under section 48, or
- (ii) in a 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 or 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, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which 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 the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a 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 purposes of sub-section (5), 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).
Simplified Explanation
Section 47 mandates that if a motor vehicle, which has been registered in one state, is moved to another state for a period exceeding 12 months, the vehicle owner must apply for the assignment of a new registration mark in the new state. This is to ensure that the vehicle is properly registered with the local authorities where it is now being used.
Key Points
- Time Limit for Re-Registration:
- If a registered vehicle is kept in another state or union territory for more than 12 months, the vehicle owner must apply for the assignment of a new registration mark from the Regional Transport Office (RTO) of the new state.
- This ensures that vehicles are correctly recorded in the state where they are primarily used.
- Procedure for Re-Registration:
- The owner must submit an application to the new state’s RTO for the assignment of a new registration number.
- Along with the application, certain documents must be provided, including:
- The original Registration Certificate (RC) from the previous state.
- Proof of residence in the new state.
- Payment of applicable road taxes and fees in the new state.
- No Objection Certificate (NOC) from the original RTO (sometimes required).
- The vehicle will be inspected to verify its roadworthiness and compliance with the new state’s regulations.
- Issuance of New Registration Mark:
- Once the application is processed, a new registration mark (number) will be issued by the RTO of the new state.
- This new number must be displayed on the vehicle, replacing the old registration number.
- Road Tax:
- In many cases, the owner may need to pay road tax in the new state. If road tax was already paid in the previous state for the entire life of the vehicle, the owner may be eligible for a refund from the original state, subject to that state’s policies.
- Exceptions:
- If the vehicle is being kept in another state for a temporary period (less than 12 months), there is no need to apply for a new registration mark. Section 46 ensures that the original registration is valid across the country for temporary stays.
- Vehicles that are relocated as part of government services or under specific state-exempt provisions might have special rules regarding re-registration.
- Penalties for Non-Compliance:
- If the vehicle owner fails to apply for a new registration mark after the vehicle has been in another state for more than 12 months, they could face fines or penalties. Additionally, the vehicle might be considered as illegally registered in the new state.
Example Scenario
Suppose a person buys a car in Delhi and registers it there. After a few years, they move to Bangalore for work, taking the car with them. If they plan to use the car in Bangalore for more than 12 months, they must apply for a new registration number in Karnataka. They will need to submit the vehicle’s original Registration Certificate, proof of residence in Karnataka, and possibly pay Karnataka’s road tax. After completing the process, the RTO in Bangalore will issue a new registration number, and the vehicle will legally be considered as registered in Karnataka.
Importance
This section ensures that vehicles are appropriately registered in the state where they are used for long periods. It helps states track vehicles for taxation, safety, and regulatory purposes, ensuring that vehicles are roadworthy and properly documented in the state where they operate most of the time.
Conclusion
Section 47 of the Motor Vehicles Act requires a vehicle owner to apply for a new registration mark if the vehicle is moved to another state for more than 12 months. This ensures that vehicles are correctly registered and compliant with the laws and taxation requirements of the new state.
