Registration, how to be made
Section 41 of the Motor Vehicles Act, 1988 deals with registration, how to be made. 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 jo The Act came into force on 01 Jul 1989.
(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.
1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.]
(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 2[a certificate of registration in the name of the owner] 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.
3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may 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, 4***, 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 3[or for such period as may be prescribed by the Central Government] and shall be renewable.
(8) An application by or on behalf of the owner of a motor vehicle, 4***, 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 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority.
3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.]
6* * * * *
(14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT
Rajasthan
Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),-
(a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted;
(b) after sub-section (7) so amended, the following proviso shall be inserted, namely:-
“Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and
(c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted.
[Vide Rajasthan Act 1 of 2002, s. 2.]
Section 41, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 11
- Dadra and Nagar Haveli and Daman and Diu Motor Vehicles Tax Act s. 3A Levy of green tax in Dadra and Nagar Haveli and Daman and Diu
- s. 42 Special provision for registration of motor vehicles of diplomatic officers, etc
- s. 47 Assignment of new registration mark on removal to another State
- s. 51 Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
- s. 55 Cancellation of registration
- s. 57 Appeals
- s. 64 Power of Central Government to make rules
- s. 65 Power of State Government to make rules
- s. 192B Offences relating to registration
- s. 212 Publication, commencement and laying of rules and notifications
- s. 217 Repeal and savings
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi
Court's Decision & Legal Precedent
The State Government has the constitutional and statutory authority to prescribe fees for the reservation and allotment of specific registration marks to motor vehicles under Rule 55A of the Madhya Pradesh Motor Vehicles Rules, 1994. This authority derives from: (1) Section 41(6) of the Motor Vehicles Act, 1988, which creates a two-step process of Central allotment of series and State assignment of specific numbers; (2) Section 65(1) of the Act, which grants the State general power to make rules for carrying into effect the provisions of the registration chapter; (3) Section 211 of the Act, which is a residual provision granting power to the State to levy fees for services rendered, notwithstanding the absence of express provision, provided the State is empowered to make rules on that subject; and (4) the principle that when a central enactment clothes the state with the power to perform a function, an implicit power to charge a reasonable fee for that function must be read into the state's power. The assignment of specific registration numbers is a distinct service for which the State can legitimately charge a fee, as it involves administrative work and caters to public demand for auspicious and numerologically significant numbers. The power to prescribe fees for registration under Section 41(2) relates only to the general registration process, not to the assignment of specific numbers. Rule 55A is therefore valid and within the State's authority.
On this section: Empowers the Central Government to prescribe the form of application for registration and the documents, particulars, and information to accompany such application
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Commissioner of Com. Taxes, Tvm vs Ktc Automobiles
Court's Decision & Legal Precedent
In the case of motor vehicles, although registration is technically a post-sale event, in practical terms the sale is co-terminus with registration because the dealer cannot lawfully deliver possession to the purchaser until the vehicle reaches the registering authority's office for inspection and registration. Motor vehicles remain unascertained goods until appropriation occurs at the registration office. Therefore, the situs of sale of a motor vehicle is at the location of the registration authority where the vehicle is registered, not at the location of the dealer's office. Property in the motor vehicle passes to the buyer when possession is handed over at or near the registration office in a deliverable and registrable state. For purposes of sales tax, the sale is deemed to occur at the place of registration.
On this section: Application for registration must be made by or on behalf of owner in prescribed form with prescribed fee within specified period
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Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn
Court's Decision & Legal Precedent
Where a statute confers powers on an authority to do certain acts or exercise power in respect of certain matters subject to rules, the exercise of power conferred by the statute does not depend on the existence of rules unless the statute expressly provides for the same. The expression 'subject to the rules' only means 'in accordance with the rules, if any'. If rules are framed, the powers so conferred could be exercised in accordance with these rules. But if no rules are framed, there is no void and the authority is not precluded from exercising the power conferred by the statute. A statute that is workable even without framing of Rules must be given effect to, as the law does not envisage a vacuum. The State Government is empowered to issue executive orders for matters required to be prescribed by Rules if the statute is workable without them, subject to the condition that such orders do not infringe upon the rights of citizens.
On this section: Prescribes requirements for motor vehicle registration applications and documents to be submitted
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… 1.jpeg) J U D G M E N T The present writ petition has been filed for the following reliefs:- "a. issue a Writ of Mandamus, or such other appropriate writ, order, or direction as deemed fit, to ensure compliance with the statutory obligations by the third and fourth respondents as mandated under Section 41 of the Motor Vehicles Act, 1988, in conjunction with Rule 47 of the Central Motor Vehicles Rules, 1989 in order to register the vehicle mentioned in Exhibit P5 in the name of the petitioner; b. issue a Writ of Mandamus, or such other appropriate writ, order, or direction as deemed fit commanding the respondents 3 …
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… made Ext.P2 application seeking permission to mount diesel generator on that vehicle after reclassifying the same as non-transport vehicle, in the light of the notification issued by the Central Government as per SO.No.1248/2004 dated 05.11.2004, in exercise of the powers conferred under sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 and Ext.P3 consequential notification issued by the Transport Commissioner dated 31.10.2011. In support of the said request, the petitioner would place reliance on Exts.P4 and P5 judgments of this Court in W.P.(C).Nos.433 of 2017 and 21193 of 2017, respectively. Having …
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… Hence, he is entitled to drive the motor vehicle, transport vehicle as well as goods vehicle. As per the notification issued by the State Government under sub-Section(4) of Section 41 of the Motor Vehicles Act, 1988, three wheeled vehicle for transportation of passenger as well as the goods vehicle falls under the transport vehicle. Hence, the driver of the Auto Rickshaw is entitled to drive the three wheeler also though he has license to drive light motor vehicle, transport vehicle and goods …
Made under this section, and citing it
12 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- 3rd GSR 153(E) dated 23 Feb 2022 Cash VanNotification 2022
- 18th GSR 596(E) 26 August 2021 Special Purpose VehicleNotification 2021
- 6th G.S.R 240(E) dated 31.03.2021 Committe A licensing of driversNotification 2021
- SO 2339(E) dated14.07.2020 alphanumeric and backgroundNotification 2020
- SO 295(E) dated 22.01.2020 DD registrationNotification 2020
- SO 3838(E) dated 23.10.2019Notification 2019
- SO 4262(E) dated 25.11.2019 registration mark for ladakhNotification 2019
- 17th amendment GSR 954(E) 04.10.2016Notification 2016
- Central Motor Vehicles (17th Amendment) Rules, 2016Rule 2016
- Draft GSR 478 dated 02.05.2016Notification 2016
- Central Motor Vehicles (10th Amendment) Rules, 2014.Rule 2014
- Central Motor Vehicles (1st Amendment) Rules, 2004Rule 2004
Another 8 instruments name this provision in its title or its text without being made under it.
- SO 2159 (E) dated 28.05.2021 vehicle classificationNotification 2021
- SO 3110(E) dated 28.08.2019 enforcement of sections of motor vehicleNotification 2019
- Central Motor Vehicles (4th Amendment) Rules, 2015Rule 2015
- Central Motor Vehicles (6th Amendment) Rules, 2015Rule 2015
- Central Motor Vehicles (13th Amendment) Rules, 2014.Rule 2014
- CMVR 4th amendment 2012Rule 2012
- Central Motor Vehicles ( 4th Amendment) Rules, 2012.Rule 2012
- Andaman and Nicobar Motor Vehicles Rules 2006Rule 2006
Questions about Section 41
What have the courts held on Section 41 of the Motor Vehicles Act?
The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi (26 Aug 2020) is the leading judgment on this section among those set out below: Empowers the Central Government to prescribe the form of application for registration and the documents, particulars, and information to accompany such application. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2009 to 2020.
How do I find court cases under Section 41 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 41, section 41 MV Act, section 41 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi (26 Aug 2020).
What should I read with Section 41 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 56 (Certificate of fitness of transport vehicles), so none of them can safely be read on its own. 11 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 12: most recently 3rd GSR 153(E) dated 23 Feb 2022 Cash Van (2022), then 18th GSR 596(E) 26 August 2021 Special Purpose Vehicle (2021), and 10 more.
When did Section 41 of the Motor Vehicles Act come into force?
Section 41 of the Motor Vehicles Act, cited as MV Act 41, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.