Himachal pradesh act 015 of 1986 : Himachal Pradesh General Sales Tax (Amendment) Act, 1986

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh General Sales Tax (Amendment) Act, 1986.

(2) It shall come into force at once.

Section 2. Amendment of section

2. Amendment of section 2.- After clause (d) of section 2 of the Himachal Pradesh General Sales Tax Act, 1968 (24 of 1968) (hereinafter called the principal Act), the following clause (dd) shall be inserted, namely:-

"(dd) "Financial Commissioner" means the Financial Commissioner appointed or empowered to exercise the powers of the Financial Commissioner under this Act;"

Section 3. Amendment of section 4

3. Amendment of section 4.- For the figure "40,000" occurring in clause (c) of sub-section (6) of section 4 of the principal Act, the figure "1,00,0000" shall be substituted.

Section 4. Amendment of section 6

4. Amendment of section 6.- Sub-section (4) of section 6 of the principal Act shall be omitted.

Section 5. Amendment of section 10

5. Amendment of section 10.- For the sign occurring at the end of Sub-section (3) of section 10 of the principal Act, the sign ":" shall be substituted and thereafter the following proviso shall be added, namely:-

"Provided that the Assessing Authority may, oil an application made in this behalf accompanied by a fee, not exceeding fifty rupees, as may be prescribed, for reasons to be recorded in writing, extend the period specified in the certificate of registration."

Section 6. Substitution of section 11

6. Substitution of section 11.- For section 11 of the principal Act, the following section 11, alongwith its heading, shall be substituted, namely:-

"11. Security from certain class of dealers.- (1) The Commissioner or any other person appointed to assist him under sub-section (1) of section 3, if it appears him to be necessary so to do for the proper realisation of the tax levied under this Act, may, for reasons to be recorded in writing, impose as a condition of the issue of a certificate or registration to a deafer, or of the continuance in effect of such certificate issued to any dealer a requirement that the dealer shall give security in the manner prescribed for such amount as may be specified in the order.

(2) No dealer shall be required to furnish security under sub-section (1), unless he has been given as opportunity of being heard and, the security that may be required to be furnished by any dealer under the aforesaid sub-section shall be to the satisfaction of the authority prescribed in sub-section (1).

(3) Where the security furnished by a dealer under sub-section (1) is in the form of a surety bond and the surety becomes insolvent or is otherwise incapacitated or dies or withdraws, the dealer shall, within fifteen days of the occurrance of any of the aforesaid events, inform the authority granting the certificate of registration and shall within thirty days of such occurrance furnish at furnish surety bond.

(4) The authority granting the certificate of registration may, by an order in writing, for good and sufficient cause, forfeit the whole or any part of the security furnished by a dealer for realising any amount of tax of penalty payable by a dealer:

Provided that no order shall be passed under this subjection with out giving the dealer and the surety a reasonable opportunity of being heard.

(5) Where by reason of an order under sub-section (4), the security furnished by any dealer is rendered insufficient, he shall make up the deficiency in such manner and within such time as may be prescribed.

(6) The authority granting a certificate of registration may, on application by the dealer, order the refund of security furnished by him or any part thereof, if the same is not required for the purposes of this Act."

Section 7. Amendment of section 20

7. Amendment of section 20.- In sub-section (3) of section 20 of the principal Act,-

(i) in clause (a), the word "twenty-one" shall be substituted for the word "ten";

(ii) in clause (b), the word "ninety" shall be substituted for the word "sixty"; and

(iii) for the sign ":" ??? at the end, the sign ":" shall be substituted and thereafter the following provisos shall be inserted, nimbly:-

"Provided that where the dealer fails to comply with the driections of the officer seizing the books or any other officer under the Act, such officer may further retain such books for such period as he may think fit after obtaining the permission of the Commissioner:

Provided further that such officer shall inform the dealer the reasons for which the books are required to be retained beyond the period prescribed under this sub-section."

Section 8. Amendment of section 40

8. Amendment of section 40.- In the beginning of clause (f) of sub-section (2) of section 40 of the principal Act, the words "the fixation of fees to be charged and" shall be added.