Temporary registration
Section 43 of the Motor Vehicles Act, 1988 deals with temporary registration. Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registratio The Act came into force on 01 Jul 1989.
1[43. Temporary registration.-- Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government:
Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.]
Section 43, 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.
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: Enables the owner of a motor vehicle to apply for temporary registration; cited as an example of a service for which fees can be prescribed
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L. M. L. LTD vs The State of Bihar State of Bihar
Court's Decision & Legal Precedent
Manufacturers and dealers of motor vehicles are liable to pay tax under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 on vehicles in their possession during the course of business, as such vehicles are suitable for use on roads and fall within the taxing power of the State Legislature under Entry 57 of List II of the Seventh Schedule to the Constitution. The amendment to the Motor Vehicles Act, 1988 excluding manufacturers from the definition of 'dealer' does not affect this liability as the Bihar Act separately provides for taxation of both manufacturers and dealers. Penalty for non-payment of tax within the prescribed period is mandatory under Section 23 of the Act and cannot be waived on the ground of bona fide belief that the party was not liable to pay tax.
On this section: Provision for temporary registration of motor vehicles
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R. K. Automotives Etc vs The State of Jharkhand State of Jharkhand Chief Secretary
Court's Decision & Legal Precedent
Manufacturers and dealers of motor vehicles are liable to pay tax under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 on vehicles in their possession in the course of their business, at the rates specified in Schedule III, which is a separate tax obligation from taxes under Sections 5 and 7(4). The State Legislature has constitutional competence under Entry 57 of List II to impose such tax on vehicles suitable for use on roads. Penalty for non-payment of tax within the prescribed period is mandatory under Section 23 of the Act and is not discretionary, and bona fide belief regarding tax liability is not a defense against penalty imposition when the statutory obligation has been upheld by courts and show cause notice has been issued.
On this section: Provision for temporary registration of motor vehicles; cited as alternative to trade certificate for vehicles not covered by trade certificate
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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… in respect of the motor vehicles in his possession in the course of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. - 7. Payment of tax - xx xx xx (4) In the case of motor vehicles temporarily registered under Section 43 of the Motor Vehicles Act, 1988, the tax for vehicles other than personalised vehicles shall be levied at the rate of 1/12th of the tax payable for the year for such vehicles. In case of extension of the period of temporary registration under the proviso to sub-section (2) of Section 43 tax at the rate of 1/12th …
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… in respect of the motor vehicles in his possession in the course of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. - 7. Payment of tax - xx xx xx (4) In the case of motor vehicles temporarily registered under Section 43 of the Motor Vehicles Act, 1988, the tax for vehicles other than personalised vehicles shall be levied at the rate of 1/12th of the tax payable for the year for such vehicles. In case of extension of the period of temporary registration under the proviso to sub-section (2) of Section 43 tax at the rate of 1/12th …
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… in respect of the motor vehicles in his possession in the course of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. - 7. Payment of tax - xx xx xx (4) In the case of motor vehicles temporarily registered under Section 43 of the Motor Vehicles Act, 1988, the tax for vehicles other than personalised vehicles shall be levied at the rate of 1/12th of the tax payable for the year for such vehicles. In case of extension of the period of temporary registration under the proviso to sub-section (2) of Section 43 tax at the rate of 1/12th …
Made under this section, and citing it
1 instrument states 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.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 43
What have the courts held on Section 43 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: Enables the owner of a motor vehicle to apply for temporary registration; cited as an example of a service for which fees can be prescribed. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2018 to 2020.
How do I find court cases under Section 43 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 43, section 43 MV Act, section 43 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 43 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 40 (Registration, where to be made), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently 6th G.S.R 240(E) dated 31.03.2021 Committe A licensing of drivers (2021).
When did Section 43 of the Motor Vehicles Act come into force?
Section 43 of the Motor Vehicles Act, cited as MV Act 43, 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.