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MVA 1988 (Amended 2019)ORIGINALChapter IV
Section 40
Registration — Where to Be Made
Registration of Motor Vehicles
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION
Legal Text
Subject to the provisions of Section 42, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has his residence or place of business where the vehicle is normally kept.
Simplified Explanation
Section 40 determines jurisdiction for vehicle registration — a vehicle must be registered in the area where the owner ordinarily resides or carries on business (where the vehicle is normally kept). This connects physical address to registration, ensuring that local RTOs maintain records of vehicles in their jurisdiction. The requirement creates a practical rule: if you live in Chennai, your car must bear a TN (Tamil Nadu) registration, not a DL (Delhi) registration. Moving permanently to a different state requires re-registration or transfer of registration under Section 47. A vehicle purchased in one city but kept in another is registered at the owner's residential address. Address proof is the cornerstone of the registration application under this section.
Historical Context
The jurisdictional registration rule was essential for the pre-digital era when records were maintained state-by-state. The Vahan portal now enables national access to registration records, but the address-based jurisdiction rule remains for administrative clarity.Critical Changes
Online registration application via Vahan portal available in most states.
BH (Bharat) series registration introduced in 2021 — allows vehicle owners who transfer frequently (central government employees etc.) to register once nationally without re-registration on state change.
Practical Scenarios
"A Mumbai resident buying a car — must register at the Mumbai RTO (MH registration)."
"A central government employee transferred frequently — eligible for BH-series registration under 2021 scheme."
Common Queries
No — under Section 40, registration must be in the jurisdiction where the owner resides or the vehicle is normally kept. Registering in a different state to avoid higher road tax is a violation. The BH-series registration (2021) is an exception designed for frequent movers.
The Bharat (BH) series registration, introduced in 2021, allows eligible vehicle owners (defence personnel, central government employees, PSU employees, and private sector employees with offices in 4+ states) to obtain a single national registration that is valid throughout India without re-registration on change of state.