Assignment of new registration mark on removal to another State
Section 47 of the Motor Vehicles Act, 1988 deals with assignment of new registration mark on removal to another State. 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, withi The Act came into force on 01 Jul 1989.
(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).
Section 47, 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
- s. 41 Registration, how to be made
- s. 48 No objection certificate
- s. 51 Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
- s. 62 Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
- s. 65 Power of State Government to make rules
- s. 177 General provision for punishment of offences
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.
-
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: Specifically empowers the State to prescribe amounts as fees for transfer of registration of vehicles on their removal from one state to another; cited as evidence of express Parliamentary authorization for State fee-prescribing in specific contexts
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.
-
… has clarified that the alterations made were not known to that authority and as the vehicle admittedly is an altered one, according to us, the registering authority was perfectly justified in rejecting the application made by the respondent. Such an application could not have been considered within the confines of Section 47 of the Motor Vehicles Act. In that view of the matter, we are unable to sustain the judgment of the learned single Judge. The judgment under appeal is set aside and the appeal is allowed. > Sd/- Antony Dominic, Chief Justice Sd/- Dama Seshadri Naidu, Judge True copy P.A to Judge …
-
… The case of the petitioner is that the vehicle is one registered in the State of Pondicherry and that he is not liable to apply for assignment of fresh registration mark for the same as provided for under Section 47 of the Motor Vehicles Act. The petitioner, therefore, raised an objection to the demand made in Ext.P3 notice. Ext.P4 is the objection. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the first respondent to take a decision on …
-
… The first representation which the petitioner submitted is dated 25.4.2011 as can be seen from Ext.P3 letter sent by the first respondent. By then, the temporary registration certificate in respect of the petitioner's car had ceased to be valid in view of the stipulations contained in section 47 of the Motor Vehicles Act. Such being the situation, I am of the opinion that the stand taken by the first respondent in Ext.P3 letter cannot be said to be illegal. 3. As regards the challenge to the validity of rule 95, the sole contention raised is that rule 95 is not within the rule making power of the State. …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 47
What have the courts held on Section 47 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: Specifically empowers the State to prescribe amounts as fees for transfer of registration of vehicles on their removal from one state to another; cited as evidence of express Parliamentary authorization for State fee-prescribing in specific contexts.
How do I find court cases under Section 47 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 47, section 47 MV Act, section 47 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is 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 47 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 41 (Registration, how to be made), section 48 (No objection certificate), section 51 (Special provisions regarding motor vehicle subject to hire-purchase agreement, etc), section 62 (Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority), and on 2 further provisions, so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently 6th G.S.R 240(E) dated 31.03.2021 Committe A licensing of drivers (2021).
When did Section 47 of the Motor Vehicles Act come into force?
Section 47 of the Motor Vehicles Act, cited as MV Act 47, 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 14 Oct 2026. This page is not a substitute for legal advice.