Section 49: Change of residence or place of business
Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Motor Vehicles Act • Official Statutory Text & Practice Guide
(1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another [State, to any registering authority in that State], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein.
[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.]
(2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), 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 [five hundred rupees] as may be prescribed under sub-section (4): Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.
(3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177.
(4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address.
(5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration.
(6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority.
(7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.
Legal Commentary & Landmark Judgments: Section 49
Section 49 of the Motor Vehicles Act, 1988 mandates that a registered owner must notify the registering authority of any change in residence or place of business within thirty days, ensuring continuous serviceability of legal process and regulatory tracking.
In MACT proceedings where the owner fails to appear and was served at the address listed in the RTO registration records, invoke Section 49 r/w Pushpa alias Leela. The Tribunal will proceed ex parte against the owner; the owner cannot later set aside the ex parte award under Order IX Rule 13 CPC by claiming change of address, since failing to update records under Section 49 constitutes the owner's own statutory default.