Punjab act 004 of 1924 : Punjab Motor Vehicles Taxation Act, 1924

Department
  • Department of Transport

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." Act,

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 for aperiod of one

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 onreceipl of such certificate sball pmcecd torecover from sucb

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 m lhe manner provided in section I Ifor lhe

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

(b) 16to30seats

(c) 31to54seats '[7

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.

. .

..

('

4697

LR(P)

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