GOVERNMENT OF
PUNJAB
..
DEPARTMENT OFLEGAL AND.
LEGISLATIVE
AFFAIRS
The Punjab
Motor Vehicles Taxation Act, 1924
....
(PUNJAB ACT 4OF
1924)
{As amendedup to31st
August, 2004)
)
JI
----
--- .. Printed by :
The Controller, Printing
and
Stationery Department,
U.T.,
Ohd. R..27-00
1
THE PUNJAB MOTOR VEHICLES
TAXATION ACT,
1924
(Pu;,,JABAcr 4or1924) Secuon CONTENTS Page l. Short title.
extent and commencement.
3
2. Definitions.
3
3. Imposition
of Tax.
5
3-A. Retrospective
notificauon.
5
3-B.
Imposition oftaxin
lumpsum onmotor vehicles.
5
3-C. Refund
oflaxincertain cases.
5
3-D. Imposition
oftaxin
lump sumof
four wheeled
6
personalised motor vehicles, 3-F Refund oflax
paid inrespect
of
four wheeled
6
personalised motor vehicles. 3-F.
Levy
of
special
roadtax.
7
4 .
Obhgauon
of
persons keeping
motor vehicles to 7 make dee laration andto
pay tax +A.
Obligation tomake
declaranon tn
respect
of 8 transport
vehicles to payspecial roadtax. ... 5.
Obliganon tomakeadditional declaration
andto 8 pay further tax. 5-A.
Obligation onrevision of
rates oftax. 8 6. Service ot
special
noticetomake declaration
and 8 to
pay
tax. 7. Grant of
license.
9 7A
Ownertofurnish
security. 9 'J 7-8
Maintamance of accounts and determination
of tax. 9 ,( (i)
I I
7-C.
Re-determmauon of tax.
9
8.
Offences and
penalties. 10
9
Compounding
of
offences. TI
10.
Recovery
of tax or additional tax
imposed
under IT sec1100 8 or sccuon's.
11.
Recovery
of on
arrear of tax.
11
I
1-A.
Payment
of interest.
11
11-B. Power of
Licensing
Officer to recover
tax, 12 interest and
penalty 11-C
Liability
of transferee of
vehicles. 12
12.
Appeals. l3 12-A Revison. 13
13 Refund and
exemption. 14 j
4.
Bar lo
junsdrction
of
civil and
crimmal courts in 14 matters of taxations. 14-A.
Cogrugence
of
offencess. 14 14-B.
Power to
slop
search and
seizure. 14 14-C. Tax
payable by
dealer or manufacturer. 15
15 Power of State
Government to make
mies. 15
16
Delegation
of power.
16
(ri)
.
.,
(PUNJ,\BAC14OF1924) 1TUE PUNJAB MOTOR VJi:lllCLESTAXATlON ACl? 1924
[Received theassent of theGovernor
of the
P1111jab011the 25th November. 192./, antl that
of tileGol'er11or-Ge11eralon the 25th
Ja1111ary, 1925,
and was
first 1publ?J,eJ in the
Punjab
Gazelle
of the JOtlt January, 1925.J
4
Amended by the
Adaptauon or Laws
('nurd
Amendment)
Order,
1951.
>Amended
by Punjab Act14or
1954.
Amended by theIndian
Indepen- deuce (Adaptation of
Bengal
and Punjab (Acts)
Order,1948 GG.0. .lO).
Amended by the
Adaptation of Laws Order. 1950.
•
Amended
by
1he Punjab
Act 2 or 19-10
Amended t,y the:Governmentof lodia lAdapu11ionof
Indian Laws) Order. 1937. 'Amended
Pun1ab AclIOof I925 Whelhcr
repealedorotherwise affected
by kgislauon
J
1nC Punjab
Motor Vehicles
T3)(3IIOO
Act, 1924. Short utle
2
·1 No
1. For S1:11ement or
ObJetts
and Re3S01\S, seeP11njall Ga:rtle, 192-1.
Part I, pages 64-65 tor Select Comm111e:e·s Report.
:s1.'I! Punjab
Gau11e, l!.'
proc:ecdmgs m Council see PunJab Lc:g1sl1111ve Council
Debates, Vol
VI, pages 372-79, nndS74 and Vol VII,
pages 309-16 311d332-39.
2. See
Punjab
G11:tflt, 1925, Pan
1, pages 60 65
3 ForS12ten1C11lorObjects andReasons, seePull)ab Gmett«: \925. Extraordm:IT)',
p:agc 72, and for
Proceedings
in Council iuPunjab Lcgislatsvc Council
Debates, Volume Ylll-B pages
1298 99
4 F<•r Stntcnll!nt of
ObJcCts
and
Rnsons, seePunjnb Gazelle 1940, Extraordinary,
page 200, sndfor
Proceedings mAssembly s??Punjab Lc:gisliitive Ass.:mbly
Debates,
VolumeXL P.5S7. and Volume XI-A
pages 270--93
and JM-89..
5. for S1a1ement of
ObJC:ClS .md Reasons, seePunjab
Government Gozeu«. (13x1T111.mlinury),
19S4,
page 278 :,-
Year
1924
4
Whether repealed or other affected
by
legislallon 'Extended Lo
Pepsu
Terrin PunJab Act, S
of 1957 'Amended
by Punjab
Act
.30 of J >Amendedby
Pun1ab Act 5
of II) 'Amended by PunJat,
Act 32 or
I
$Amc:ndedby Punjab
Act
25 of I
•Amended
by
Punjab
,\ct 25 of
I
\\meoocd by PunJ11b Act 4
of
19', 'Amended
by PunJab
Act 24 of I?
'Amended
by
Punjab
Act
9 of 19, 1°Amcndedby
Punjab
Act 13 of I
11 Amended
by
Pwl)ab
Act 17 of I
"Amended
by Puajab
Act I
of 19:
1>An1cncled by PunJ:ib
Act
12
of I'
••Amended
by
Purgab
Act
22 of
I
1
rsa\mcnded by
Punjab
Act 12
of21 11AmmJecfby Pumab Act
7 or
201
2
J
Shon title The
PunJab Motor. Vehicles Taxation Acl
\924
2
No.
4
Year
1924
I
for
Staremem of
Objects and
Reason's, Jet".
/>11nj,1b Gm,'f!rnm!'nt Go..,rf/e
(Exrrnoni 1951, page 339
2. For
Sta1cmcm of
Objects
and
ReDSon·?. ,,.,.
Punjnb
GovernmeJ1t Cnzeite
(Extr.aord1961, page
I J
11-12
3. For
Statctlll!nl of
Objects
and
Rc::ison's, u?
Punjab Governmenr Gazett«
(E1m:aordl
936, JY.18C 199
4.
F'or
Suitcmcnt of
Objects
and
ReilS()n's, stt
Puninh Gm-rnimcnt
G11u:11r (ExtmordJ
963, page 1164 S. For
S1atemcnt of
ObJcclS
and
Reason's, set.
P,.,nJnb Gov,:rnml'nt Gozc11e
(?trnord,1964, page
915-37
6.
For
Statement of
Objects l!lld
Re?n·s. tf't'
P11njobGo,-ernmo:nt Gn=e1te
(E"1raord1I
965, page 1130.
7.
For
Sta1cmen1 of
Objects and
Rel.Son's. see
Prm1nb Governmem Gn?ltte
(E,nraordi1971, page 70.
8 For
Statemeru of
Objects
and
Reason's, see
P1111)nbGo,·,,rnmcnr Gnume CE.xlrllordi,1974 pngc 1746.
9
For Statement of
ObJCCIS and
Reason's, see
Pmynb Go1v,r11ment Gareu«
(Extrnordi11973, page
284
IO
For
Statc:mcnt of
ObJC:ClS and
Reason's. sec
P1t'!}ab
Govenrmt.'11t Gozettr
(.E:ttraordudaled the
Jrd
February.
l91U page 182
11
For SU1tm1tn1 or
ObJects and
Reason's, see
Punjab G1mm1mcn1 (,a::e((e
ll:xtr.1ord1r1l:11cd
the 30th
August, 1983, page
I 044
12. For
Siatement of
ObJccL?:ind
Rc:ison's. sl.!e
Pun1nb
Gon:mmt'nt Gtn.ette
(E!\traordfocblcd the 15th
December, 1986. page 14)). lJ For
Satement or
OhJC:CIS :ind
Reason's, see
Pun.Job
Gowr,,mcnt Gn;e11e
(Extruordindoled Ille 21st
December, 1992, p:igc 2268
14
For
Statement or
ObJC<'ts and
Rcasoo's. see
P11111,1bGo,wnmt11t Gnu11e
(E.xtraon:hndaatd the
Sth
Apnl, 1992, page 824 1:'i
For
StatCll'lc:'nt of
ObJtXIS and
Rcu!ln's,
tf'i'
P11ninh (;m,,,11me11r
G"::l'fte (Fxtraordtn:daacd the
9th
MJrch.
2000, page
I
98,
16.
For
Sto1emcn1 of
Ob;ects and
Reason's, SIY
J>11,1Jnf> Go11•r,1111en1Gn.r((e
(Eitlrnord1111datel.l ahc
191h Morch. 2001 page Sil
I
I
I
I
I
t I
I
1..J
3
,
,· J[(a) "Commissioner" means the State
Transport
Commissioner, Punjab and
includes any other officer
appointed by
notification in
the Official
Gazette 1Jl tlus
behalf
by
the
Government; (aa)
"Government" means the
Government of
State of
Punjab
in the Department of
Transport.] ?r(a1)
"four wheeled
personalised motor
vehicle" means a four wheeled motor
vehicle other than a
transport
vehicle,
omni
bus,
road roller, tractor,
motor
cycle
or invalid
carriage.]
J.
( [J
The Act
may be called the
Punjab
Motor
Vehicles Taxation
Act, Short
ulle, extent and eommence- menr,
(1) 11
extends to
2lPunjab.] {3) 1t
shall come mto force on the
Ist
day
of
April,
1925.
2.
ln
this Act
unless there
is
anything repugnant
an the
subject or ?ream
"invalid
carriage" means a
motor
vehicle the
unladen
weight whereof does not exceed
JOO
kilograms
and \\ hich ts
specially designed and
constructed,
and not
merely
adapted,
for the use of a
person
suffering
from some
physical
defect or
disability, and used
solely
by or for such a
person;J 6[(a11i)J"licensing
officer" means
7[aperson]
appointed by
the
'[State) Government to
perform
the
duties and exercise the powers
im- posed orconferred upon
a
licensing
officer under
this Act
.
1924.
An
Act to
impose
a tax on motor
vehicles in
'[Punjab]. Whereas 1l rs
expedient
LO
impose
a
tax on
motor
vehicles 10
'[Punjab] and
whereas the previous
sanction of
the
Governor-General under sub-section {3) ofsecuon
80-A of the
Government of India
Act has been
obtained;
ti is hereby
enacted a.s follows - context
1.
Subs111u1cd for
the wo1d ..
E.ist
Punjab"
hy
A1hp1ation
laws
(Ulrd
Amendment) Order,
1
'>51
2
Subsututcc.1 for 1he words ··wt
Pun1nb"
the
Adaptarion
of lows
Order, 1950
3
Inserted
by
Punjeb
Act
22 of
1993, seeton 2.
•l.
Inserted
by
Pun1ab Acl 12 of
1993, ?ecton 2
S
Inserted
by Punjab
Act 11 ot
1987 secuon 2.
6
Releuered 11s
"{a 111)"' by Punjab
Act
22 ul
1993. section 2.
1
S11b?111u1ed for
the word "an
officer''
by
Punjab
Ac!
JO of
1961, Seeton 2
8.
Subs111uu:d tor
rhc words
"Provincial"
by Adaptation
of
Laws
Order. 195Q
4
1[(a1v)
"motor cycle"
means a two wheeled
motor vehicle, inclusive of any detachable
side-car having an extra wheel attached
to a motor vehicle.]
• ··registra?wn·· meansthe
registralton of a motor vehicle
under the
prow,ions
of theMotor Vehicles Act,
1939
(Central Act -t of
1939);) (c)
?[(cc) 1[/bi)
"owner" for the
purpose of
transport
vehicle
means the owner of a transport
vehicle inrespect of which a
perrrut hasbeen granted orcountersigned
under the
provision
of
the Motor Ve- hicles Act.1988,
and mcludes-
(a) theholder ofa
pemut in
respect
of such vehicle includ-
ing theholder ofa
goods
carnage permit forcarriage of
goods foror 10connection with a trade orbusiness carried on
by the
permit
holder;
(b) anyperson forthetime being mcharge
of such vehicle;
(c) anyperson responsible for themanagemcnl
otihe
place of busmess of such
owner; and (d)
Governrnent oraCorpornnon established
under theRoad Transport Corporation Act,1950,] ·'prescnbcd" means prescnbedby
rules made
under thisAct;
.
2[(a")
"m1111
bes"
means a
stage carriage having the
capacity to
carry not morethan
thirty passengers excluding thednverand the conductor; 1
(b)
"motor vehicle''
inc:ludes a vehicle, carriage:
or other
means of
conveyance propclleJ,or
whichmay be
propelled.onaroad
by electncal ormechnmcal power
either entirely or partially; (d)
S[(e)
\
\
\
•
I
"tax"
meansthe mximposed
under this Act ;
"token"
means aticket tobedisplayedona motet vehicle as an
mdicauon thatthetaxlevrablc thereon has beenduly paid orthat no tax is
payable'] 6[(1) thewordsand
expressions used inthis Actbut notdefined and
defined intheMotor Vehicles Act,
1988
(CentralAct59
of
1988),
shall have themeaning, respccuvely, ass1gned to themmthat
Act.]
I Subs111u1cdby Pu11111bAcr12
of 2000, section
2.
2 . Inserted
by
Pun1ab Acl:Uof
1993.
secnon2. .l Inserted by PunJab Actibid,
?ccuon
2
4 Inserted by Punjllb
Acl I of 19117, secncn 2.
,,
S. tnsened by Punjab Act2ol1940, seeuen 2.
f
6 ln?erced by PunJnb Acl12 of 1993. section :?.
lmpos111on of II\'(
Rctro?pc:ttivc:
non fiaal ;on '{(3-A)
(
..
Rehmd ofta>,.in cc:rtam
c11ses Jmpo?111on of
1111t in lump sum 011 motor-cycles
I. Suhsututetl
for
the v.anl
..
the
rate spcc1f1cd ,n \ht Schedule lo 1h1s ,t,c1··
by PunJ3b A.:t \4 of t9S4.
2 Sub$1ilutcd
for
the word "rupc:?s t\wn1y thousand"
by Punpb ,\cl ll
of 198\.
section
2
J ,\dJed by PunJab
t\c:I 9 of 1975,
scc11011 2 I tn?r1cd
by PunJab Acl13 of 1981, ,ect10?
5 IMc:rtcd by Puniab Act 12 ot2000.
secuonl =..:.-----
Not'-v1thstnndt.nganytlung contained in thisAct,-
(1) anot.ificaLion wider
section3
may be issued so astobe e ffecttve onand
from the commencement
of
the Pun
Jab Motor Vehicles
Ta."
1981.
(ii) the tax.payable
by virtue of notiCication
referred to m
clause (i) forthe
quarters commencing onthe 1stdny of October. 1980,
and
the 1st
day
of
January. !981, may be
paid
within aperiod of one month fromthe date of
publication of that no11ficat1on.] ·[(3-B) Notwithstanding anything contained insection3, onand fro:n
the courrncncement
ot the Punjab
Motor Vehicles Taxation (Amendment) Act, 2000. tax on amotor cycle sbn\1 beleviable inlump sum, as
may be notified by the State Government on the basis of
the
price
of the motor cycle, subject
to the maximum often
per cent of
the value of
the motor cycle.
(3..C)
Where anowner of amotor cycle mrespect of which taxhos
been
paid in
lump sumunder
section 3-B.
ceasestobeU1e resident of theStateof Punjab andtakes alongwith lum such
motor cycle or if theownership
of the motor cycle
is transferred to a
person
having residence
outside theState of
PunJab. thenparual
refund of the
lump sum taxsopaid, shall beallowed as hereunder specified:-
5
3 .
(I)
A taxshall
be lev,able onevery
motor vehicle inequal
inslalments for quarterly periods commenc1ng on the first
day
of
Apnl, the
first
day
of
July,
•• thefirst day of October
and thefirst day of January. at'[such
rates not exceed- ing 1[rupces
thirty-fi-.e thous:.m
year, astheState Government mayby notification direct:
Provided thatanvbroken period in such quarterlypenods shall, for the
purpose oflevying the tax. be considered asa full period .
1tProvided further thatinthe case ofamotor-vehicle, registeredin any State, other thanthe State of
PunJab. which isbrought in the State onthebasis of
a temporary pemut granted under section
62 ofthe Motor Vehicles Act,1939 (Central Act? of1939). tax shall beleviable for thepenod of ducuhon of the
temporary permitonfortnightly basis andanybroken penod of a fortmghl
shall, for the
purpose
of levying
thetax, be considered as afull fortnight.)
(2) The taxshall be
paid upon a hcensc
to be taken outand
paid
for under the provisions of
thrs Act
by the
person whokeeps the motor vehicle
for use.
8
6
Senal
Duration of use after the No. date of
registration
of motor cycle
1. Less than three years.
2. Three years ormore. but lessthanSilt
years.
3. S1x
years or
more, but less than rune
years.
4. Nrne years ormore Amount of
refund oftax on motor
cycle Sixty per centof theamountof tax
already paid
under secnon 3-B Forty per centofthe
amountor tax
already paid
under section
3-B. Twenty per centofthe
amountof tax
already paid
under section 3-B Ten
per
cent of
the amount of tax
already paid
under
section 3-8. lmpos,1ion of 1:1, m
lump sum un four wheeled personalised motor vehicles R1:fund oftax p:iiJ '"
respect of four wheeled personatised motor vehicles (3-D). Notwuhstaading anything
containedinsection ,. onandfromthe commencement of the
Punjab
Motor Vehicles Taxation
(Amendment)
Act, 2000, tax on
a four wheeled
personalised
motor vehicle shall
be leviable in
lump-sum, as
may be notified
by
the State Government
by
nouficauon on the basis of
the price of thefourwheeled
personalised
motor vehicle,
subject tothe
maximum of
ten
per
cent of the value of such four
wheeled
personalised
motor vehicle. (3-E).
Wherean
ownerofafourwheeled
personalised
motor vehicle iu respect of
whichtaxhas been
paid m
lump sumunder
section 3-0.
ceasestobe the residenl of
the State of
Punjab
and
takes
alongwith
him such four
wheeled personalised
motor vehicleorifthe
ownership ofthefourwheeled
personalised motor vehicletstransferredto a
person having
residence outside
the State of Punjab, then
partial
refund of the
lump sumtaxso
paid.
shallbeallowedas hereunder
specified :-
Sena IDuration ofuseafter the
Amount of refund of
ta."< No date of
registration
of
lheonfour wheeled
personalised four wheeled
personalised
motor vehicles motor vehicle. Less than three years. Sixtyper centof theamountof tax
already paid
under
section 3-0
2. Three years ormore, Forty per centof
the amount of
but less
thansix
years. lax
already paid
under
section 3-D
3. Six years or
more, but
Twentyper centof
the amount of less thannine years. tax
already paid
under section 3-D
4. N me
years ormore. Ten per cent of the
amount of tax already paid
under section
3 -D
J
•
7
Levy of
special ro,ld tu 11\scrt?d by Pun111hAc1 22of 1993. section 3.
• Obhgiitiol\ of pC'rsons \e?p1ng mutor vehicle?
to make
decl .. rnt1on :Ind
10
p&y 13?
(3)
Every person who owns any
motor vehicle which is letfor hire,
shall, for the
purposes
of this Act,
be deemed LO be the
person whokeeps the
motor vehicles
for use 1{3-F(1) Ino.ddmon to the taxlevied
under section 3, onand fromthe commencement of thePun
Jab Motoc Veluclcs Taxalion (Amendment)Act, l993, and subJCCl lotherules made by the Government
under this Act,
there shall
b?
levied and
paid totheGovernment, a special
road
tax
on transport vehicles at
th
rates as
may
be
spect fled
by theGovernment but notexceeding
the
rates specified in Schedule
'A' tothisAct.
(2) The
ratesofthespecial road tax as maybespecified under s11bi
section (1), mrespect
of stage carriages
shall be
apphcableto and charged on
thj onnre distance permittedtobe covered.
(3)
Where atransport vehicle is
plied
without avalid
permit or rf it is
in any other
manner not authonsed by
the
pemut to be phed.
there shall
be levied and
paid totheGovernment further special road tax rn addition tothe taxpayable under sub-section(/), onsuch vehicle atthe
rates as roay be specified but not exceeding the
rotes spcciiiedin tuis behalf mSchedule' A' totrus AcL
(4)
Where atransport vehicle registeredinaState other than the State
of PunJab, enterstheState of Punjab, the
special road tax shall
become chargeable. on such entry
in the ptescribcd manner.
Expla11ation.-Forthe
purpose of
special road taxlevied
under thisAct, transport
vehicle
shall mclude
non-tranSPOn vehicle whenused astransport vehicle by the
owner]
4.
(/)
Every person
who keeps a motor vehicle for
use shall fill up and sign adeclarauon m the prescnbed Iorrn,
slating the pres<'ribed particulars, Md shall
deliverthedeclaration as filled up and signed
by him tothe ucensmg officer
before the30thday ofApril, 1925 orifsuch
pcr<;on commences tokeep the motor vehicle
for use ofter the 10th
day
of
Apnl, 1925 thenbefore the
exp1rat1on of 21
days fromthe
da) of hisconunencmg tokeep the
motor vch1dc for use,
(2) The taxtowhich be
appeius by
such declaration tobeliable shall be
paid by U1e
person keeping the
motor vehicle,
if for the
first quarterlyperiod before the30thday of
April, if for thesecond quarterlyperiod before the 31st
day of
July, ifforthe third
quarterly period
before the 31st day
of October,
and tf for the fourth quarterlypenod before the31stday
of January:
Provided thatifsuchperson commences to
keep the
motor vehicle for use, after
the I0th
day of
April.
1925, heshallpay the first mstahnent
due before the
expiration
of
21
days from the day
of his
commencing to keep
the
motor vehicle for use.
===?-=----= -
8
(2) Toe
special road taxpayable under
section 3-F in respect ofa
tran!'"OOrt vehicle shall
be
paid in the
prescribed manner · Provided thatunless themanner isprescnbed. the amount oftaxpayable
quarterlyandmonthly
shall beone fourth andonetwelfth. respectively, of the
annual
rates oftaxspecified inSchedule 'A' tothis Actreferred to in section 3-F)
5. Whenever
any person. who has delivered adeclarauon under
·(scct10n 4and
4-A)
becomes hable to anaddiuonal tax
by
reason of hrs
keeping o
greater
number of
motor vehicles, forusethan he hasslated in the declarauon
or by
reason of any change in the character of any
motor vehicle
kept by himfor use, he shall fill up and sign an add1ttonal
decla.ratton specifying with reference to such liability the
particulars required
under 1[sect1on4and 4-A) Such person
shall deliver the ado1t1onal declaration sofilled up and
signed and pay such add1honal tax as
by
the last mentioned declaration appears tobe payableby him tothelicensing officer
before the
exp1rauon of 2l
days fromthe day of lusbecoming soliable as aforesaid ·
Provided tbal when
paymcnl ismade of additional laxby
reason of any change inthecharacterofany motor vehicle, anallowance shall bemade forthe U1X already paid. 1[(5-A) 11 asaresult ofrev1s1on ofrale ofU\X as maybe
specified under section 3orsection 3-F. amotor vehicle or atransport
vehicle, as the case
may be, in
respect
ofwh1ch taxhas been paid.
bi:comes liableto taxalahigh rate, the
owner or
any person having pol>sess1on or control
of the
motor vehicle or transport
vehicle, asthe case may be, shall,
withinthe time allowed for
pa?ent of tax for thefollowing year orquarter or month thereof,
as the case may be.
pay add1tionol
ta."<ofasumwhich isequal to the
dt ITcreuce bt!tween the taxalready paid and the taxwhich
becomes payable at the
higher
rate due tosuch
revision m
respect of suchvehicles for the remainder
of
the complete
current month of the quarter ortheyear, as the case
may be,
and
the licensing oflicer
shall not
issue a fresh token in
respect
of such vehicle until such
umoU!'ll oftax bas been paid.]
6 . The licensing
officermay direct aspecial
notice tobe served upon any person requuing
such
person to ult up. sign
and deliver to the officer named in such notice,
a form of declnrnlion tobeleftwithsuch nouce, stattng whether such person isorISnot
liable tothe
payment ofany
ta.'< and lo
pay the tax to 1(4-A (I} In
respect ofatransport velucle anowner shall alsobe required tomakedeclaratton in the
prescribed formstaling
the
prescribed particulars. Service of
$1)(.'Cio.l OOllC:C lom4lcc d?t.larauon aml
10
pay
tax. Obligation on revision ofrates of
t:ix. Obligation 10 malcc additional d?ct:iralion and lo
pay rurthcr
13)(.
Obl1gJ1ion10 m:1kc dccln.ra1ton
111
respect
ol tr:insporl vehicles 10
pay special road rex ?
\
\
\
I '
l ln?cneJ by
the /\ctPunJ3b Acl 22 of1993.
secuon.i.
2 Subslltutcd
for
the wort! "preceding ?ecuon" by the/\cl1bl1l. section
S
3 lnscflc:d by theActibid. section 6
...
9
I. Substituted by Puniab
.t\ct 22 of 1993,
section
7.
which heappears by suchuccl3ration, to be liable
co the
person
named therein before the
expiraflon
of 14
days
from the date of
the
service of
such
special
• Re-dt:termina- uon of tax lllX,
M;11ntena11ce of :u:counts and dctcnmnahon of 7-C.
(/)
Ifmconsequence
ofaninformation. the licensing
officer discovers that thetaxdue from theowner bas been under determined orescaped dt:tcrminauon in
any year. the
hcensmg officer,may, at
any time,
within
ten
years following thecloseof theyearfor which re-determination istobemade
7.
Every licensing
officer shall
grant and
deliver toevery personwhoGiant utlicense pays tohim thefirst
instalment oftaxdue, alicense in which shall
be
specified the
particulars
of the tax
paid,
withany other
particulars thatmaybe
prescribed. The
hcense shall bedatedonthe
day of
granting thesameandshall
expire on the
3 l st
day
of March,
next follow mg. 1[7-A.(J) The
licensing officer, for the
proper realisation of tax levied
Owner tuf11m,sh under ihisAct,shall
after
giving anopporturuty ofbeing heard, require any
owner security of thetransport
vehicle to
deposit assecurity an amount
not exceeding fifty thousand rupees mthe
prescribed manner where such anowner makesadefault
in the
payment
oftaxunder thisAct for a conuouous penod
oftwomonths ormore.
(2)
Where the
security furnished by an owner of a
transport
vehicle under
sub-secuon (I) isintheform of a surety bond
and the
surety becomes insolvent or tsotherwise iucapac1tatedor dies or withdraws,
such owner shall wilhm fifieen clays
of
the
occurrence ofany of theaforesaid
events. inform the licensing
officerand
shall within thirtydays of such
occurrence, furnish afresh surely bond
(3)
1111:: licensing
officermay,by an order in writing
for
good
and sufficient cause and alter
giving
the owner areasonable opportunityof
being
heard,
forfeit the wholeor
any part
of thesecurity furnished
by such
ownerforrealisingany amount of tax, interestorpenalty payable
by him under
tlus Act.
(4)
Where
by
reasonofanorder under sub-section (3), thesccuruy furnished
by suchowner tsrendered
msulficient, he shall
makeupthe deficiency in such
manner and withm such tune as
may be
prescribed.
(5) Thelicensing
officermay, onanapplicauon by suchowner release the
security furnished
by
himor
any part thereof, if thesameisnolonger required to be retamed
for the
purposes
of this Act 7-B.
(/)
A:n owner ofatransport
vehicle may be
required tomaintam such
accounts as maybe
prescribed and tosubmit the sametothe
licensing officer asand when
required.
(2) If the
licensing
officeris satisfied that taxhasnotbeencorrectly paid ortheowner bas notfurmshed declaration asprovided msub-section (1)
of section 4-Aorhas
given
inaccurate particulars in the declaratton,
he shall.
after grving the
owner areasonable
opportumty of
being heard, proceed todetermine the amount oftaxdue and recover the same. no ace.
,
10
I
?-
(2) Thehceos;,,g omccr, may, alany time, w1lhlll oneyear from the
dale of any order passed by himand subject losuch conditions asm<1Ybe preso<1bed rectify any
clerical ororilhmetical error apparent
from ihe record.] ?
and
after g,ving the
owner a reasonableopportumly in lhe p,escnbed manner of
being
heard, proceed to re-deterrrnne the taxpayable. (b)
fails tostep the motor vehicle when requiredtodo soby the said
officer or obstructs anyofficer Ul the exercise of the
powers conferred by section
14-B, shn\\ on conv1cuon be punishablE:with
floe, wtuch mayextend lo a sum equal
lo twice the average monthly Lax payable, in respect of such vehicle, or rupees five
Lbousanc\, whlchever ,s more.
(a)
keeps inhispossession or control
any motor vehic\e, inthe State, without having paid theamount
of taxdueinaccordance with the
prov1s1ons of this Act mrespect of such vehicle or keeps themotor vemc\e for usewithout having proper
licence or furnishes a declaration under section 4orsection 4-A.
wherein the particulars requued by or under this
Act tobe furnished, are
not fully
and tntely st.ated ; or 1{8.(1)
Whoever- /JJ If a
person (al
fails tofurmsh a declarauon in accordance
with the proV1sions of this Act, or(b)
fu,rushes a declarauon wherein particulars prescribed10betbetei,., are not fully
and uuly stated, the hcens,ng officer may after malung such enquiry, ashedeerns 61 and
afte, heating the
person,
if
he desim 10bebeard, onposc onsuchperson any tax or
odd1nnnaltaxforsucb quarterlyperiodorperiods, as the hcens;ng
officer may[Ind
that such
person IS bable to
pay under uie
p,r,v,s1ons of this Act and n,ay
also impose apenalty, which mayc<1end to
twice th• aJOount of the taxtowhich he ,sfound
hable. y t. lnset1cJ
by l'unjab /\cl 22 of I993. section R.
(2)
Whenever, the \itcnsing
officer determines orre-determines the
tax. in respect
of a transport
veh,cle under section
7-B or in respect
of
on o\\,1cr of mo1or-vc\11cl• under section 7-C a;the case may be, which such
owner w"as ltable to
pay, and has notpaid,
the hi.:ensing
officer, may, after giving an opportunityof
being heard, nlsodirect that such
owner shall pay IJ\ the p,escnbed manner by way of
penalty,asum not esceeding five
times the amoun1 of IWl so
assessed
subject to a minimum of five thousand
rupees. Offences and Penalties \I
• \ .
11
P:iymenl of 1ntcrc:.s1 Recovery of on .il'TC3r of tax. Recovery of .ex OT :idd1tiOt1al 13!\ ,mposed under
section 8 or
cect\on 9 Compoundingof offences
I Subst11u1ed for the word
•·co\lcclor''bYPu11Jt1b ;\cl 22 01 I
993,
?i:c11on 9.
2. lnscr1c:d by
the ,\cl Ibid.
scc\1/'ln \0.
1{(11-A).(/) If an owner fails
lo
pay
tax du• front \um as r
under
secttonlor sec\\OO 3-f,
be shall inaddition lo the amount
or tax be l1able to pay simple interest onthe arnounl of taxdue from h,rn a,the ,ale or oneand n. Wbert apers0n negleClSorre[uSeS w pay
an msu,Jmcnl of""'
witlun one ,nonlh
from lhe ""1)irat1on of
penod ll,.ed for sucb payment,lhe licensing
officer ,nay fo,ward to,he'{Comroiss•oner] a certuicale
under hissignarute
speci- f yin
& the amount or thearrears due
frorn the person, and the
'{Cornm1ssion
person lhe
at1tount specified lhereut as iflt
were
an aaear of land revenue.
.
IO. MY tax or ,dd1oonal taxunposcd under theprovisions of sc..:liou 8 or section
9
mnY be reco,er
recovery of an arrear tax. l'tov1cledlhatbefore imposing suchpenalty a -onablc opp<>rtunity of
being heard shall be gwen toihe person concemecL
(5)
Whoever contr.1venesmiy of tbeprovisions of this Act, orany rules mad• !hereunder, and nopenaltyisprovided for such contravention, shall
on convicbon
be purushable w1lh a fine, which may «tend tofive hundred
rupees and inlhe
event of such
person, having previouslybeen convictedof anoffence under ihis Act, or the rules made lherelll>der,wilhf,ne which maye,tend to one
thousand
rupees.
9. Whet< an offeoc• under this /\Ctbas been conunitted. such anof-
fence ,nay at
any umc before conviction, be compoundedby anyofficer of lh<
Tr,nsport Department not below
the rnnk ofAssistant District
Tnuisport Officer authorisedby lhe CoourusSloOe<tn this behalf,
after acceptingby way of
compo- sition thereof, asurn or money not
exceedlOg, such amount, asmay be
pre· scribed, togelher w,lh lhe amount of tax,ifany, which maybedue from ,he
person co,nntlttiog ibc offence. Such cornp<>Sltion shall hove the effect of
dis-
chargingsuchpc
for tne offence and noforth"' proceedt•II' shall betakco or
contmucti agnuisthim 10 «specl
oflbe offence socompousdrJ.] (?)
Whoever contravenes or fails loc01nplY with anyof tb• prov.sionsof lh1s /\cl, orlh•
rules made lhcrcunde< orany order ord\reclion, made orgiven
lhereuodet, inr,:spcct of taxbable on
a uansp<>rtveh!cle shall be
l\abl• to1mp0s1tion of perialtynot e,cccding fivelhousand rupee<butnotless
lhan one
thousand
rupees :
Powc:r ot licensing
effieer to
recovertax. interest and ?n.ilty
·
12
a half
per
cent
per month
from the dateimmediately following
the lastdatefor the subrmssion of declaration as
provided insub-sec hon
(/) ofsecuon 4-/\ull the default
contmues
(2) If the
amountoftaxunder secuon 3 or section
3-For
penalty
under section 8 due from anownerisnot
p:.11J by
him within the
period specified inthe prescribed notice,or,ifnoperiod rsspecified in thenouce, within
thirty
days from theservice of such
notice,theowner shall. in addition tothe
amountof tax or
penalty,
be hable
to
pay simple
interest on the due
amountoftaxorpenally, as the case
may be, atthe rateofoneanda half per cent
per month
from the date
following the dateonwhich the
penod specified in the aforesaid notice orthe period of
thirty days, asthecase maybe,
expires Lill the default continues. Provided thatwheretherecoveryofany taxor
penalty is
stayed
by an order ofacourt, theamountof taxorpenalty
shall, after the order ofstayis vacated. be recoverable alongwith
interest atthe aforesaid rate onthe
amount due and such
mterest shall
be
pa)'abl?
from the date, the ta.'< or penalty
had first become due.
(3) The
amountof
interest payable
under this
section shall becalculated by
treanngpart ofamonthasone month but nointerest shall
be
chargeable
if
the total
amount payable onaccountofLaxorpenalty orboth, is
fifty rupees orless and if such anamount ismorethan
fifty rupeesbut less thanonehundred rupees, interest shall be calculated treating
such
amount to beonehundred rupees. ll-B
(l)
Without
prejudice tothe
provisions of section 11, the
ncencmg
• officer may proceed torecovertax,
interest or
penalty due under
this Act, IIIthe prescribed
manner,by
attachment andsale of themoveable
property
of the person liable forthe
payment thcrcol
,
(2) 1he
hcencing
officermayalso
recover
ta.'<,)Plcrestorpenalty due,
under thisActininstalments
but heshallnot
grant more than four
equal
mstalments payable onmonthly
basis
I
l
1ib1h1y
of tmnsfer.:c of vehicle.
1 1 -C.
(/)
If theta>.Ieviable in
respect of any
motor vehicle
remains unpaid byanyperson
liablefor
payment thereof andanysuchperson, before having paid thetax,hastransferred the ownership ofsuchvehicle, orhasceased to be in
possession orownership of such vehicle,
the
person towhom the ownership ofsuch
vehicle basbeen transferred orthe
person who baspos&csston?y or control of
such, ehicle,
shall also be liable lo
pay thesaid tax.
13
(2) Nothmg
cont:uned mthissection
shall
apply toa
person,whohas obtained
possession orcontrol ofsuchvehicle
by purchase 111a
public
auction conducted
by
a Government Department torecoverthearrearsoftax,
interest or penally except under theordersofa
competent court.] 11(12). Anyperson aggneved by anorder
relating tothe
determination, Appeal re-deterrrunanon. impos1tton or
recovery of thetax,interestor
penaltymay,within a
period
of
tbirty days
from the date of
such order,
appeal against
such order to the
Commissioner orsf the
Comrrussioner isthe officer who
passed
such
order, then lo the
Government. The:
appellate
order of
the Commissionerorthe Government, asthecase
may be.
shall befinalandconclusive:
Provided thatno
appeal
shall
be entertained unlessllis
accompanied by a satisfactory
proof of
payment oftax,
interestor
penalty orsuchother amount as is admitted
by
the
appellant tobe due from him. 12-A
(J)
The
Commissioner, onhisownmotion,or, on
application
Revision made to h101 inthe
prescribed
manner,
may,callfor therecord
ofany proceedings, which are
pending
beforeorhave been
disposed
of
byanyother
authority subordinate tohim under thisActfor the
purpose of
satisfying
lumselfastothe legality or
propnety ofsuch
proceedings orofanyordermadethereinandmay pass such ordersinrelation theretoasbemaythink fit:
Provided thattheowner
may make such
application only
withinone year from the date oftheorder
required tobe revised.
(2) No
apphcauon
under sub-section (/)
shall beentertained unless the application rs
accomparued by asatisfactory proof ofthe
payment ofthetaxor interest or of the
penalty.
1f any, imposed, asthecase maybe. Provided thatif'the Commissionerrssausfied thattheownerisunableto pay thetaxdeterminedorinterestorU1e
penally,
ifany.imposed,
he may. for reasons to be
recorded in
wnung,
entertain the
application
without the taxor interest or
penalty
having
been
paid orafter
part payment
of
suchtaxorinterest or
penalty Provided further thatrftheowner ofamotor vehicle has
preferred, a revisron under
tlus section, the Commissioner, muy, onan
applicauon
in
writing from the owner of such vehicle stay
the recovery of
the
disputed
amount of tax, interest or
penalty
or ony·part thereof.
during
the
pendency oftherevision,if the owner furnishes
sccunty msuch form and in such manneras
may be
prescribed, for theentire amountforwhich stay hasbeen
prayed
for:
Provided
further thatiftherecoveryoftax,
interestor
penalty or any part
thereofis
stayed,
under the
preceedmg proviso, thensuchanamount shall be recoverable wnh interestat such rate, as maybe
prescribed, ontheamount -.. ultimately
found
due and such interest shall be
payable
on such amount from the date thesame bad become first due.
I
Substituted
by
Punjab Ac!22 \\f l
\193.
section 11
Refund and exernptlon. Bar to
jurisdie-
•,on of CIVIi and cnmlnal courts in matter! or t..;,..,,h.,,a. Cognizance of offence)
Power of stop, search and seizure
14
(3) Noorder shallbemade
underthissection without
giving anowner or
any other person interestedareasonable
opportunity
of
being
heard.] 1(13 (1) Whenanyperson,whobas paid thetaxunder section3or sccuon 3-F, proves
to the satisfaction oft.he Commissionermthe
prescribed manner that
the motor vehicleorthe transport vehicle in
respect
of which
such ta'< has
been
paid,
has not been used
foracontinuous
period
of not less thanone month
since
the tax waslast
paid.
he shall
be enutledtothe
exemption
in
respect of that tax andtothe refund ofanamount
equal toonetwelfth of the annualrate of the tax
paid
in
respect
of such vehicle for
each
complete
month for which such taxbasbeen
pard
andanendorsement tothateffectonthe license shall be made
by
the
licensing
officer,
(2) The
Licensing officer may refundor
adjust inthe
prescribed
manner any
amount
paid
in excess of
thetaxdue.
(3) The
Government may, by general or
special
order and
subject to such
condruons,
as
may be
specified, exempt
any person orclass of
persons from the
operalionof allor
anyoftheprovisionsofthisAct,if inits
opinion, such
exemption
would promote
nationalor
public
interest.
(4) Nothing inthisActshall
apply toamotor vehicleused
solely forthe purpose of
Agnculture.]
14. Ihe
habi
!tty
ofa
person to
pay thetaxor
penally
shal
Inotbe determined or
questioned
in any 0U1er manner or
by any other
authority
thanis
provided in this Act or in the
rules made
thereunder, andno
prosecution,
suilorother proceedings
shall lie
againstanyGovernment officerfor
anything in
good
faith done or intendedtobe
done under this Act
• 2[14-A. (1) Nocourt infenorlothat ofaJudicial
Magistrale ofFirst Class shall
try any offence
punishable
under thisAct
(2) 111ecourt s.halJ notlakeanycognizance
exceptupon a
cornplaint made
by
the
licensing
officer inthis behalf. 14-B
(1)
Any
officer
of the
Transport
Department, notbelow
the rank of
Assistant District
Iransport
Officer authonsed
by a
general or
special
order, in this
behalf,
by
U1e
Commissioner, may require thedriver ofany
motor vehicle at
any pince to
stop
the
vehicle and cause it to remain
stationary so
long as
may be
reasonably necessary for
the purposeof
satisfying
himself thattheamount of the tax due inaccordance with the
provisrons of
this Actin
respect
of such vehicle, hasbeen
paid
I. Sublllitutcd
by Punjab
Acl 22 or 1993, section 12
2.
Inserted
by
theAc11bi1f, secuon 13
IS
I. SubihtutcJ 1orthe word
"Pro?inc,al" by theAd:ipt.1ionof uws Order, I950.
2. For rule!seenot1hca11on No
7083. d:itcd 16thMarch, I 925. Punj,ib
Gme11ee,
1925. Part I, page 1'17 No 8576 dated 18thMuch, 1926, P1111Jab Gaxeue«,
1926, Pan1.Page 2S4, and
??o
18617.
dated14th
June:
1926. Punjab
Grr:crtee 1926, Part
I
pnge 583
3 Subst11uttid
for
"cast PunJ3b"-v. hlch had
been subs1t11u1cd
for
"the Pun1ab"
by
G.G O,
40 of 1948-by
Atlap1a11on of Laws Oro.:t". I950.
• Power of S1.11tc Govrmmcnt to make rule5 fax
p.iy:iblc by denier or manufacturl:T. Provided that
wherethevehicle so seized isanon-transport
vehicle, such officer mayrelease the vehicle
after obtaining abond for asumnotexC'eedmg five hundred rupees fromthe driver orthe
owner or anyperson, having possession or control
of the vehicle, as the
case
may be,
for depositing the taxwithin the period specifiedinthebond
(3) Any
officerof the
Department of
Transport referred to insub-section (2), may forthe
purpose of this Act
enterat any tune between sunriseandsun set, in
any premises,
where he has
reason tobelieve
thata motor vehicle is
kept in
contrav?nhon
of the
provisions of this Act 14:..C. Ifadealer ormanufacrurer of
motor vehicles keeps any such
vehicle inhis
possession- incourse of his
business assuch
dealer or manufacturer and such
possession isauthonsed under atrade ceruficate granted under the
Central Motor Vehicles Rules, 1989, heshallpay atax.at the
specified annual rate.]
15.
(1) The'(State]
Government may after
previous pubhcation make ?rules for the
purpose
of earrymg into effect the provisions
of this Act.
(2) 1n
particularand
without prejud1cc to the
generality of
the
foregoing power, the
'[State)
Government may make
1rules for allor any of thefol1owu1g purposes, namely :-
(a) to
prescribe theformofany declaration,
license, certificate or special
notice
and the
particulars
10 be stated
therein;
(b) toperscribe theofficer by whom any duties are10be performedand the areainwhichthey shall
exercise their authonty;
(c) to
provide (or thetotalorpartial exemption forahnuted
period from liabihty tota..-xation 10respect of any
motor vehicle brought mio3[PllOJablbypersons making only a
temporary stay in'[Punjab);
(2)
Whereany ta."due in
respecl
of any vehicle
has not been paid, any officer referred to insub-section (1). may
seize and detain such
vehicle andtake or cause
to be taken such steps ashemay consider
necessaryfor thesafe custody of thevehicle uuul it isproduced before
the licensing officer of the area concerned.
w1thm areasonable time or until thetax:duein
respect of thevehicle is
paid
\
16
Dc:legallon of l'ower
(d) toregulate the method
of assessing and recovenng thetax;
(e) toregulate the
manner in which special notices may be served;
(f) toregulate the
extentto wlui:h
licensesmay be transferrcJ:
(g) toregulate the
manner m which exemptions orrefunds may
be claimed
and
granted.
(11) toregulate the manner in which appealsmaybe instituted and 1,eard?
'l(i) ton.:qu1rc that no motor
vchic\e shall beused in the 1lStatcl
unless atokenisd1c;p\ayed thereon indicating
that the taxhas been duly paid orthat the
owner of
the vehicle isentitled to cxempuon;
(J) toprescnbethe form of
tokens
and the
mannerill which they shall bedisplayed;
(k) toprovidefor the
issue of token and itsduplicate?
and) >t(l) toprovide forany other
matter which may be required tobe prescribedl
"(16. fheComnussioner may by generalorspecial order inwriting
delegate its
power of
heanng anappeal or revision to any person not
below therank of Deputy
State Transport CommisS1oucr l '(SCHEDULE'A' Sr. Description
ofTrpL Vehicle No.
Muimum Rate Rate
per scat
per lolometer perclay 10 paise
8.52
\0.64
12.78
17.04
29 82
I ln?ertc:d
by PunJab /\Ct. 2 of
l Cl40. sccuon 3.
2. "?1111.1tccl for
1hi:
WO(ds"Pro"1no:" :ind ''Pn)VlOCllll'',cspcc11vcly,by/\dap1a11on or
L'l\\
11)50.
' 'Addol >, e,01ob A" 21 of \993.
""J;o, " >
"sJ .1 Suh?111u1cd by
me
Atl ibuf.
sec;11unIS.
5. lni;crted
by Pun1ab Acl 22 nl 1993. secuen
\
1 Stage Cnrriagcs (a)
Ordmary
buses (b)
Express
buses
(c) St:nli-dclux buses
(d)
Deluxe
buses (c) A1r-cond1ttoncd buses -
19
17
,
'[2
2
3
4
'[5
6
Goods Carriages
(a) Light Motor
Vehicle (b)
Medium Goods Vehicle
(c) Heavy
Goods
Vehicle OTilERPASSENGER
VEHlC'LES Auto Rickshaws · (a)
having twoseats
(b) foreachaddiuonal
seats Taxi cabs up to5seats Maxi cabs
having
6to12 seats ?1ini
buses
having Ito15seats Mani
Buses
having
16 to30 scats Buses
plied on
pnvate
service vehicle
permits
(1) Ordinary (ai)
Deluxe
buses (iii)
Air-condiuoned
buses Rate per
annum (i11 rupees)
10,000 00
15,000.00
20,000.00]
Rate of
Special Road Tax
excluding dnvers and conductors per year (Rs.)
600.00
200 00
1,000.00
8,000.00
8,800.00
25,000 001
20,000.00
40,000.00
50,00,000
(aj Up to15seats
Vehicles
plied onContract Carnage
PemutsorAll India Tourist
Permitsor any other sinular
perrrut registered inoth-r
Slates entering theState or
Punjab having seating
capacityor Rate of
Special
Road
Tax
per doy of
Operation
(Rs.) Ordinary
Deluxe Air- conditioned
800
00 1,200
00
1,600
00
1.200 00
1,600.00 2,000.00
1,600.00
2,000.00 2,400.00]
8
Vehicles
plied onAll India Tounst
permit :
'((1)
Motor CabsRs.
3,000.00peryear.] {ii}
Iounst buses- Ordinary Rs.
2,00,000peryear Deluxe buses Rs.
2,50,000peryear Air-condruoned
busesRs2.88,000peryear.] I Suhsntui.:J
b}" PunJab
Ac• I'ul2()()(),
secuon 4.
2 . Substuuted
by theAc1rbuf
s«l11)11 I ) Sub?tlllllcd
b}
runjab /\Cl 7 11r200 I.secnen2 -I Subl,ututcd
by
lhc/\Cl1b1d. SCCUC•ll 2.
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