State of Madhya Pradesh - Act
The M.P. Motoryan Karadhan Adhiniyam, 1991
MADHYA PRADESH
India
India
The M.P. Motoryan Karadhan Adhiniyam, 1991
Act 25 of 1991
- Published on 21 September 1991
- Commenced on 21 September 1991
- [This is the version of this document from 21 September 1991.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires :-3. Levy of tax on Motor Vehicles.
4. Tax payable by dealer or manufacturer.
- A tax at the annual rate specified in the Third Schedule in lieu of the rates specified in the First Schedule, shall be paid by a manufacturer of or a dealer in motor vehicles, in respect of the motor vehicles in his possession in the course of his business as such manufacturer or dealer under the authorisation of a trade certificate granted under the Central Motor Vehicles Rules, 1989.5. Payment of tax.
6. Bar of imposition of tax by any local authority.
- Notwithstanding anything contained in any other enactment for the time being in force no local authority shall, after the commencement of this Act, impose or enhance a lax, toll or licence fee in respect of a motor vehicle and if any local authority has imposed such tax, toll or licence fee since before the first day of April 1942 and the same is still in force at the commencement of this Act, any person who is liable lo pay such tax, toil or licence fee to such authority shall be deemed to have paid it.7. Grant to local authorities.
8. [ Filing of declaration and determination of tax payable. [Substituted by M.P. Act No. 10 of 1993 (w.e.f. 10-10-1992).]
9. Production of certificate of insurance before the taxation authority.
- Every owner shall, at the time of filing of declaration under Section 8, produce before the Taxation Authority a valid certificate of insurance in respect of the motor vehicle which complies with the requirements of Chapter XI of the Motor Vehicles Act, 1988 (No. 59 of 1988).10. Manner of payment of tax.
- Payment of every amount due under this Act, if it exceeds Rupees two hundred and fifty shall be made by production before the Taxation Authority, of a demand draft obtained from any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934) to the value for which payment is required or in such other manner as may be prescribed.11. General exemption from levy of tax.
12. Grant of token.
13. [ Penalty for failure to pay tax. [Substituted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005).]
- If the tax due in respect of any motor vehicle has not been paid as specified in Section 5, the owner shall, in addition to the payment of tax due, be liable to a penalty at the rate of 4 per cent of the unpaid amount of tax for the default of each month or part thereof, the penalty shall not exceed twice the unpaid amount of tax :Provided that if the lifetime tax under this Act has not been paid, the owner shall, in addition to the payment of tax due, be liable to a penalty at the rate of one-tenth of the lifetime tax for the default of each year or part thereof but not exceeding the lifetime tax payable under the first proviso to sub-section (1) of Section 3.]14. Refund of tax.
15. Recovery of tax, penalty with interest.
16. Power of entry, seizure and detention of Motor Vehicles in case of non-payment of tax.
17. General provisions of punishment for offence.
- Whoever, contravenes any provision of this Act, or of any rules made thereunder shall, be punishable for the first offence with fine which may extend to one hundred rupees and for any second or subsequent offence with fine which may extend lo three hundred rupees.18. Officers to be public servants.
- All officers acting under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, I860 (No. 45 of 1860).19. Bar of suit or other proceedings.
- No suit or other proceedings shall lie in a Civil Court in regard to any matter for which provision is made in this Act or the rules made thereunder and no prosecution, suit or other proceedings shall lie against any public servant for anything done or intended lo be done in good faith under this Act or any rule made thereunder.20. Appeal.
- Any person,-20A. [ Appeal against order of confiscation. [Inserted by M.P. Act No. 27 of 1999 (w.e.f. 15-3-2000).]
20B. Revision before Court of Session against order of Appellate Authority.
20C. Bar to jurisdiction of Court etc. under certain circumstances.
- Notwithstanding anything to the contrary contained in this Act or any law for the time being in force but subject to the provisions of sub-section (3) of Section 20-A, no Court, Tribunal or Authority (other than the Taxation Authority) shall have jurisdiction to make order with regard to possession, delivery or disposal of vehicle regarding which proceedings for confiscation are initiated under sub-section (6) of Section 16.]21. Power of State Government to exempt from tax.
- [(1) The State Government may, by notification, and subject to such restrictions and conditions as may be specified therein exempt in whole or in part any motor vehicles or class of motor vehicles from the payment of tax, penalty and interest from such date as may be specified in the notification.] [Substituted by M.P. Act No. 2 of 2003.]22. Maintenance of demand and recovery register of tax.
- Each taxation Authority shall maintain such registers and records as may be prescribed.23. Power to amend the Schedule.
- [(1) The State Government may, by notification, amend the items and rates of tax specified in the Schedules and thereupon the said Schedules shall stand amended accordingly :Provided that no notification shall be issued under this sub-section without giving in the Official Gazette such previous notice as the State Government may consider reasonable of its intention to issue such notification.] [Substituted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005).]24. Power to make rules.
25. Power to remove difficulties.
26. Repeal and savings.
| Class of Motor Vehicle | Rale of Quarterly tax for Motor Vehicles | |
| (1) | (2) | |
| I. | Motor Cycle: | Rs. |
| theunladen weight of which- | ||
| (a) does not exceed 70 kilograms | 18 | |
| (b) exceeds 70 kilograms whether used for drawing a traileror not | 28 | |
| II. | MOTORCAR: | |
| the unladenweight of which- | ||
| (a) does not exceed 800 kgs. 64.00 | ||
| (b) exceeds 800 kgs. but does not exceed 1600 kgs. | 94 | |
| (c) exceeds 1600 kgs. but does not exceed 2400 kgs. | 112 | |
| (d) exceeds 2400 kgs. but does not exceed 3200 kgs. | 132 | |
| (e) exceeds 3200 kgs. | 150 | |
| Tax foreach trailer the unladen weight of which- | ||
| (a) does not exceed 1000 kgs. | 28 | |
| (b) exceeds 1000 kgs. | 66 | |
| III. | Invalid Carriage : | 9 |
| IV. | Public Service Vehicle | ||
| Motor vehicleplying for hire or reward and used for transport of passengers- | [Per seat] | ||
| (a) [ Vehicle permitted to carry not more than three passengers(Motor cycle/Auto Rickshaw); [Substituted by M.P. Act No. 11 of 1997] | Rs. 40.00 per seat per quarter. | ||
| (b) [ Vehicle permitted to carry more than 3 passengers but notmore than 6 passengers (excluding driver); [Substituted by M.P. Act No. 6 of 2006] | Rs. 150 per seat per quarter or life time tax at the rate of- | ||
| (i) 7 per cent of the cost of the new vehicle, | |||
| (ii) 2 per cent of the cost of the other vehicle on which lifetime tax has already been paid] | |||
| (c) Vehicle permitted to carry more than six passengers andplying as Stage Carriage/Contract Carriage on city routes/onadjacent areas as notified by the State Government- | |||
| (i) inrespect of vehicle permitted to ply as Express Service, for everypassenger which the vehicle is permitted to carry; | Rs. 80.00 per seat per quarter. | ||
| (ii) inrespect of vehicle permitted to ply as ordinary service, forevery passenger which the vehicle is permitted to carry; | Rs. 60.00 per seat per quarter;] | ||
| (d) [ Vehicles permitted to carry more than six passengersplying as stage carriage on routes other than city routes-] [Substituted by M.P. Act No. 13 of 1995 (w.e.f. 10-5-1995)] | |||
| (1) Inrespect of Vehicles permitted to ply as air conditioned serviceor deluxe or express service for every passenger which thevehicle is permitted to carry and where the total distancepermitted to be covered by the service in a day- |
| (i) does not exceed 100 kms. | |
| (a) forair-conditioned/deluxe service | Rs.[250] [Substituted by M.P. Act No. 9 of 2001]per seat per month |
| (b) forexpress service | Rs.[200] [Substituted by M.P. Act No. 9 of 2001]per seat per month |
| (ii) thereafter for each 10 kms. or part thereof- | |
| (a) for airconditioned/deluxe service | Rs. 20 per seat per month |
| (b) forexpress service | Rs. 15 per seat per month |
| (2) In respect of vehicles permitted to ply as ordinaryservice for every passenger which the vehicle is permitted tocarry and where the total distance permitted to be covered by avehicle in a day- | |
| (i) does not exceed [100] kms. | [Rs. 160] [Substituted by M.P. Act No. 9 of 2001]per seat per month |
| (ii) thereafter for each 10 kms. | Rs. 10 per seat per month |
| (3) In respect of vehicles of other State permitted to ply asair conditioned service/deluxe or express services for everypassenger which the vehicle is permitted to carry and where thepermit countersigned- | |
| (i) under the reciprocal agreement | |
| (a) forair-conditioned/deluxe service | Rs. 20 for each 10 kms. or part thereof per seat per month. |
| (b) forexpress service | Rs. 15 for each 10 kms. or part thereof per seat per month. |
| (ii) without a reciprocal agreement- | ||
| (a) for air-conditioned/deluxe service | Rs.[40 per seat per month] [Substituted by M.P. Act No. 9 of 2001]plus Rs. 20 for each 10 kms. orpart thereof per seat per month. | |
| (b) for express service | Rs.[40 per seat per month] [Substituted by M.P. Act No. 9 of 2001]plus Rs. 15 for each 10 kms. orpart thereof per seat per month. | |
| (4) In respect of Vehicles of other State permitted to ply asordinary service for every passenger which the vehicle ispermitted to carry and where the permit is countersigned- | ||
| (i) Under a Reciprocal Agreement | Rs. 10 per each 10 kms.or part thereof per seat per month | |
| (ii) Without a Reciprocal agreement | [Rs. 40] [Substituted by M.P. Act No. 9 of 2001]per seat per month plus Rs. 10 for each 10 kms. orpart thereof per seat per month. | |
| (e) [ Vehicle permitted to carry more than six passengers andkept as:- [Substituted by M.P. Act No. 15 of 2000] | ||
| (1) Reserve Stage Carriage :- | ||
| (i) for Ordinary Bus | Rs. 160.00 per Seat per Month. | |
| (ii) for Express Bus | Rs. 180.00 per Seat per Month. | |
| (iii) for Air Conditioned Deluxe | Bus Rs. 230.00 per Seal per Month. | |
| (iv) [ for sleeper bus/coach [Substituted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005)] | Rs. 230.00 per seat per month.] | |
| (2) Omni bus (used) as Transport vehicle/passenger transportvehicle :- | ||
| (i) for Ordinary' Bus | Rs. 160.00 per Seat per Month. | |
| (ii) for Express Bus | Rs. 180.00 per Seat per Month. | |
| (iii) for Air Conditioned Deluxe Bus | Rs. 230.00 per Seat per Month.] |
| (iv) [ forsleeper bus/coach [Inserted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005)] | Rs. 230.00 per Seat per Month.] | |||
| (f) Contract carriage- | ||||
| (1) [ Vehicles permitted to carry more than six passengers andplying as contract carriage covered by All India Tourist Permitissued by the Madhya Pradesh State under sub-section (9) ofSection 88 of the Motor Vehicles Act, 1988,- [Substituted by M.P. Act No. 6 of 2006] | ||||
| (a) formaxicab vehicle having seating capacity exceeding 6 and up to 12(excluding driver)- | Rs. 150 per seal per month or life lime lax at the rate of- | |||
| (i) 10 per cent of the cost of the new vehicle; | ||||
| (ii) 5 per cent of the cost of the other vehicles of whichlife time tax has already been paid; | ||||
| (b) forvehicles having more than 12 seats (excluding driver) | Rs. 800 per seat per month.] | |||
| (2) [ Vehicle permitted to carry more than six passengers andplying within the State as contract Carriage for each seat(excluding the driver) which the vehicle is permitted lo carry-] [Substituted by M.P. Act No. 23 of 1998 (w.e.f. 1-9-1998)] | ||||
| (i) for maxicab Vehicle having seating capacity exceeding 6and upto 12 (excluding driver) | [Rs. 300/- per scat per quarter] [Substituted by M.P. Act, No. 15 of 2000] | |||
| (ii) for Vehicle having more than 12 seats (excluding driver)- | ||||
| (a) forordinary bus | Rs. 500.00 per seal per month. | |||
| (b) for AirConditioned Bus/Deluxe Bus | Rs. 600.00 per seal per month. |
| (3) [ Vehicle permitted to carry more than 6 passengers andplying as contract carriage covered by All India Tourist Permitissued by other State under sub-section (9) of Section 88 of theMotor Vehicles Act, 1988, for each seat (other than the driver)which the vehicle is permitted to carry, till the vehicle remainsin the Madhya Pradesh,- [Substituted by M.P. Act No. 6 of 2006] | ||
| (i) for air-conditioned vehicle | Rs. 50 per seat per day; | |
| (ii) for non air-conditioned vehicle | Rs. 40 per seat per day.] | |
| (4) [ Vehicle permitted to carry more than 6 passengers andplying as contract carriage on special permit granted undersub-section (8) of Section 88 of the Motor Vehicles Act, 1988 bythe other Stales for each seat (other than the driver) which thevehicle is permitted to carry, till the vehicle remains in theMadhya Pradesh,- [Substituted by M.P. Act No. 6 of 2006] | ||
| (i) for air-conditioned vehicle | Rs. 50 per seat per day; | |
| (ii) for non air-conditioned vehicle | Rs. 40 per scat per day.] | |
| (5) Vehicles permitted to carry more than six passengers andplying as contract carriage on special permit granted undersub-section (8) of Section 88 of the Motor Vehicles Act, 1988 foreach seat (other than the driver which the vehicle is permittedto carry). | [50 paise)] [Substituted by M.P. Act No. 15 of 2000]for ordinary bus and[one rupee] [Substituted by M.P. Act No. 15 of 2000]for deluxe/airconditioned bus per seat per 10 kms. or part thereof for theentire distance lo be covered in accordance with the conditionsof the permit in addition to tax paid under clause (c), (d), (e)or (f) (2) as the case may be. |
| (6) Vehicles permitted to carry more than six passengers andplying as contract carriage on temporary permit granted underclause (a) of sub-section (1) of Section 87 of the Motor VehiclesAct, 1988 for each seat (other than the driver which the vehicleis permitted to carry). | [50 paise] [Substituted by M.P. Act No. 9 of 2001]for ordinary bus and[one rupee] [Substituted by M.P. Act No. 9 of 2001]for deluxe/air-conditioned bus per seat per 10 kms. or part thereof for theentire distance to be covered in accordance with the conditionsof the permit, in addition to tax paid under clause (c), (d), (e)or (1) (2) as the case may be.] |
| (7) [ Vehicle permitted to carry more than six passengers andplying as contract carriage on a temporary permit granted underclause (a) of sub-section (1) of Section 87 of the Motor VehiclesAct, 1988 by the other State for each seat (excluding driver)which the vehicle is permitted to carry- [Substituted by M.P. Act No. 23 of 1998 (w.e.f. 1-9-1998)] | |
| (i) for ordinary bus | In addition to the Tax payable under sub-item (e) Rs. 7.00 perseat per day; |
| (ii) for Air Conditioned/Deluxe bus | In addition to the Tax payable under sub-item (e) Rs. 10.00per seat per day.] |
| (g) [ Motor Vehicle plying without permit; [Substituted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005)] | |
| (a) Vehicle permitted to carry upto 12 passengers (excludingdriver) | Rs. 1000.00 per scat per month in accordance with the entireregistered seating capacity. |
| (b) Vehicle permitted to carry more than 12 passengers(excluding driver) | Rs. 1500.00 per seat per month in accordance with the entireregistered seating capacity.] |
| (a) [ Theregistered laden weight of which- [Omitted by M.P. Act No. 10 of 1993 (w.e.f. 10-10-1992)] | |
| (i) does not exceed 2000 Kgs. | Rs. 600.00 per quarter. |
| (ii) Exceeds 2000 Kgs. but does not exceed 4000 kgs. | Rs. 900.00 per quarter. |
| (iii) Exceeds 4000 Kgs. but does not exceed 6000 kgs. | Rs. 1300.00 per quarter. |
| (iv) Exceeds 6000 Kgs. but does not exceed 8000 kgs. | Rs. 1700.00 per quarter. |
| (v) Exceeds 8000 Kgs. but does not exceed 10000 kgs. | Rs. 2100.00 per quarter. |
| (vi) Exceeds 10000 Kgs. but does not exceed 12000 kgs. | Rs. 2500.00 per quarter. |
| (vii) Exceeds 12000 Kgs. but does not exceed 14000 kgs. | Rs. 2900.00 per quarter. |
| (viii) Exceeds 14000 Kgs. but does not exceed 16000 kgs. | Rs. 3300.00 per quarter. |
| (ix) Exceeds 16000 Kgs. but does not exceed 18000 kgs. | Rs. 3700.00 per quarter. |
| (x) and thereafter for each additional 2000 kgs. or partthereof | Rs. 500.00 per quarter.] |
| (a) Upto 12 (excluding driver) | Rs. 100.00 per seat per quarter; |
| (b) For more than 12 scats (excluding driver) | Rs. 350.00 per seat per quarter.] |
| (i) [ Where the vehicle is registered in the name of owner. [Substituted by M.P. Act No. 15 of 2000] | Rs. 450/- per Seat per Quarter. |
| (ii) Where the vehicle is acquired by the owner on hire undera lease agreement. | Rs. 600/- per Seat per Quarter.] |
| Ordinary used by or on behalf of a college, school or othereducational institution and used solely for the purpose oftransporting students of staff of the educational institution inconnection with any of its activities. | Rs. 30.00 per seal. |
| The unladenweight of which- | |
| (i) does not exceed 1000 | Kgs. Rs. 152.00 per quarter. |
| (ii) Exceeds 1000 Kgs. but does not exceed 2000 Kgs. | Rs. 200.00 per quarter. |
| (iii) Exceeds 2000 Kgs. but does not exceed 3000, Kgs. | Rs. 290.00 per quarter. |
| (iv) Exceeds 3000 Kgs. but does not exceed 4000 Kgs. | Rs. 382.00 per quarter. |
| (v) Exceeds 4000 Kgs. but does not exceed 5000 Kgs. | Rs. 527.00 per quarter. |
| (vi) Exceeds 5000 Kgs. but does not exceed 6000 Kgs. | Rs. 690.00 per quarter. |
| (vii) Exceeds 6000 Kgs. but does not exceed 7000 Kgs. | Rs. 871.00 per quarter. |
| (viii) and thereafter tor each additional 1000 Kgs. or partthereof | Rs. 254.00 per quarter. |
| (ix) Tax for each trailer per quarter. | Rs. 73.00 per quarter. |
| Description of Motor Vehicles | Rate of Life Time Tax | ||
| (1) | (2) | ||
| 1. [] [Substituted by M.P. Act No. 11 of 1997 (w.e.f. 1-4-1997).] | Motor Cycles With or Without Attachment- | ||
| The unladen weight of which- | |||
| (i) | does not exceed 70 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| | (ii) | exceeds 70 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| 2 | Motor Cars.- | ||
| The unladen weight of which- | |||
| (i) | does not exceed 800 Kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| (ii) | exceeds 800 kgs but does not exceed 1600 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| (iii) | exceeds 1600 kgs. but does not exceed 2400 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| (iv) | exceeds 2400 kgs. but does not exceed 3200 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| (v) | exceeds 3200 kgs. | [5%] [Substituted by M.P. Act No. 9 of 2001.]of the cost of vehicle; | |
| Explanation.- (1) Cost of the vehicle means cost realised bythe dealer. | |||
| (2) For calculating the Life Time Tax on the basisof cost of the above class of vehicles, the owner of the vehicleshall be required to produce sale receipt issued by the dealerat the time of registration.] | |||
| 3. [] [Substituted by M.P. Act No. 6 of 2006.] | [Omni Bus registered for private use having seating capacityexceeding 6 and up to 12 (excluding driver) | 7 percent of the cost of vehicle.] | |
| 4. [ [Substituted by M.P. Act No. 23 of 1998 (w.e.f. 1-9-1998).] | Invalid Carriage | 360.] | |
| 5. [ [Inserted by M.P. Act No. 9 of 2001.] | Auto-Rikshaw having seating Capacity upto 3 + 1 | 6% of Market Cost.] | |
| 6. [ [Inserted by M.P. Act No. 1 of 2005 (w.e.f. 5-1-2005).] | Crane, crusher, bulldozer,[x x x] [Omitted by M.P. Act No. 6 of 2006.]loader truck, earthmover/pay loader, motor grader and mechanical shovel. | 6% of the cost of vehicle.] | |
| 7. [ [Inserted by M.P. Act No. 6 of 2006.] | Goods vehicle, the registered laden weight of which is 2000Kgs. or less | Life Time Tax 10 percent of the cost of the vehicle. | |
| 9 | Dumper truck | Life time tax at the rate of 10 percent of the cost of thevehicle.] |
| SI. No. | Description of vehicles | Annual Tax for first seven or less vehicles inpossession of a manufacturer or dealer | Annual Tax for additional 7 or less vehicles inpossession of a manufacturer or dealer. |
| (1) | (2) | (3) | (4) |
| 1 | Motor Cycles | Rs. 400.00 | Rs. 400.00 |
| 2 | Chassis of heavy motor vehicles | Rs. 600.00 | Rs. 600.00 |
| 3 | Other Vehicles. | Rs. 500.00 | Rs. 500.00 |