State of Odisha - Act
The Orissa Motor Vehicles Taxation Rules, 1976
ODISHA
India
India
The Orissa Motor Vehicles Taxation Rules, 1976
Rule THE-ORISSA-MOTOR-VEHICLES-TAXATION-RULES-1976 of 1976
- Published on 1 January 1976
- Commenced on 1 January 1976
- [This is the version of this document from 1 January 1976.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2.
In these rules unless the context otherwise requires-3.
The [tax, additional tax and differential tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986-Notification SRO No. 3.9.1986 w.e.f. 1.5.1986.] shall be paid by means of treasury challan/bank drafts [and bankers cheques] [Substituted vide transport Department Notification No. 5661/22.4.1938.] payable to the Taxing Officers of the region in which the motor vehicle is used or kept for use, drawn on any Nationalised Bank/State Bank of India at its Branch, at the headquarters of the region and the person making the payment shall, at the time of payment, deliver to the Taxing Officer, the documents and the declaration referred to in Sub-section (4) of section 4 :[Provided that the additional tax in respect of the stage carriages of the other Sates plying on inter-State routes between the State of Orissa and any other Stales in pursuance of any reciprocal agreement arrived at between the States of Orissa and such other State or States shall paid to the Taxing Officers at the office at the State Transport Authority, Orissa, Cuttack.] [Proviso inserted vide Transport Department Notification No. 9574/16.6.1988.]4.
In the case of the motor vehicles coming from the other States to Orissa on temporary permits, the [tax and additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986.] shall be paid to the Taxing Officer, by means of cash or [bank draft or bankers cheque] [Substituted vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 401/94/3.5.1994.] drawn on the Banks enumerated in Rule 3 above5.
Separate declaration or additional declaration shall be submitted for each vehicle at the time of payment of [tax, additional tax, one time tax or differential tax under section 4, 4-A, 5 or 6] [Substituted vide Orissa Gazette Extraordinary No. 510/9.5.1994.].6.
The declaration referred to in Clause (b) of Sub-section (4) of section 4 shall be submitted in Form 'A' and the declaration referred to in Sub-section (2) of section 6 shall be submitted in Form 'B' where [tax/additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986.] is paid for the first time. For subsequent payment of [tax/additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986.] annually or half-yearly or quarterly or for any period less than a quarterly period as provided under the Act, the person making the payment shall file a declaration in Form 'AA';[Provided that for payment of one time tax declaration shall also be submitted in Form 'A'.] [Added vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 401/94/3.5.1994.]7.
For the vehicles in respect of which no [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] is payable under section 8, the declaration may be filed in Form 'BB' along with the documents prescribed and the notification in which the exemption of tax for the vehicle has been notified.Provided that no such declaration shall be filed or [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] token granted in respect of the vehicle which is declared off road ;Provided further that dealers of manufactures paying [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] under section 5 shall submit the declaration in plain paper stating legibly therein category wise make and model of the vehicles and maximum number thereof for which [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] is being paid and certify the maximum number has never been exceeded at any point of time during the previous quarters, along with trade certificate and invoice, despatch note instead of registration certificate and insurance certificate.8.
The Taxing Officer, after satisfying himself that every declaration delivered to him under Rule 6 is complete in every respect and that the amount tendered towards the [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] due is equal to the amount of [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] which appears from such declarations to be payable, shall accept payment of the [tax/additional tax] [Inserted vide Transport Department, Notification No. 5561/22.4.1986.] and grant a receipt thereof in Form 'C' after the same is prepared in triplicate.9. [ [Rule 9 substituted vide Orissa Gazette Extraordinary No. 315/1.5.1986-Notification SRO No. 319/86.]
| Period | Amount of penalty | |
| (i) | If paid within fifteen days after the grace period | Penalty to be charged at 25 per cent of the tax/additional taxdue. |
| (ii) | If paid after fifteen day but within one month after the graceperiod | Penalty to be charged at 50 per cent of the tax/additional taxdue. |
| (iii) | If paid after one month but within two months after the graceperiod | Penalty to be charged equal to the tax/additional tax due. |
| (iv) | If paid beyond two months after the grace period | Penalty to be charged double the tax/additional tax due. |
10.
A registered owner a person having possession or control of a transport vehicle, desirous of paying tax in the region other than the region where [tax/additional tax] [Words Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986 Notification SRO No. 319/86.] was last paid, shall produce a "no objection certificate," in Form 'D' from the Taxing Officer to whom [tax/additional tax] [Words Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986 Notification SRO No. 319/86.] was last paid.11.
For the purpose of calculating the amount of tax payable under section 3 [or additional tax payable under section 3-A or differential tax] [Words Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986 Notification SRO No. 319/86.] or any refund of deduction due under section 11 or section 16 the amount less than fifty paise shall be ignored and in case of fifty paise and above shall be rounded off to a rupee.12.
The [tax/additional tax] [Words Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986 Notification SRO No. 319/86.] token under section 7 shall be in Form 'E' but should by printed in different columns every year, specified by the Transport Commissioner for distinguishing make, period, capacity and category.13.
In case where no tax [including additional tax] [Words substituted vide Transport Department Notification No. 556/T./22.4.1986. No. 485/ 1.5.1986.] is payable under section 8 the Taxing Officer shall grant a free tax token in Form 'EE'14.
The tax token granted under section 7 and section 8 shall be affixed in the front wind sealed glass of the vehicle and in case of motor cycles in the front mud-guard in such a manner that it should be clearly visible to a person standing on the road whether such vehicle is moving or stationary.15.
No person shall alter, deface, mutilate of otherwise tamper with the tax issued in respect of a motor vehicle under section 7 or section 8 or exhibit it on a motor vehicle other than the one for which such taken has been issued.16.
On sufficient proof being shown and being satisfied that the tax token is lost or damaged, the Taxing Officer may, at any time grant a duplicate tax token on payment of a fee of rupees five. Such tax token shall be marked 'duplicate' in red ink.17.
18.
[Save in case of one time tax refundable under the provisions of Sub-section (4) of section 4-A] [Substituted vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 410/94/ 3.5.1994.] no refund of tax or part of the [tax/additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986-SRO No. 319/86/22.4.1986.] paid in respect of a motor vehicle other than a transport vehicle as defined in the Motor Vehicles Act, which is transferred from the State of Orissa to any other State in India shall be made for the period for which tax has been paid and no transport vehicle coming to the State on temporary permit on payment of short term tax shall be entitled to refund or adjustment towards tax in case it intends to pay tax on payment basis and no refund shall be made for the broken period of a calender month.19.
Intimation for temporary discontinuance of motor vehicles shall be given in Form 'H' stating the required particulars. Any change in undertaking so delivered as required under section 10 shall be intimated to the Taxing Officer from time to time. The Taxing Officer or any officer of Orissa Motor Vehicles Department may conduct such check as he deems fit to satisfy himself that the vehicle is not being used :Provided that the undertaking in Form 'H' as stated above shall not be accepted unless the documents referred to in Sub-section (1) of section 10 are surrendered therewith.20.
Any person belonging to the Armed Forces of the Union Government or any person directly connected thereto as certified by the defence authorities who while making a temporary stay in the State user or keeps for use any motor vehicle for authorised military purpose within the State shall be exempted from payment of [tax/additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986-SRO No. 319/86/22.4.1986.].21.
22.
[1] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986-SRO No. 319/86/22.3.1986.] An appeal under Sub-section (1) of section 18 of the Act shall be preferred within thirty days from the date of communication of such order-(a)to the Chairman, Regional Transport Authority of the concerned region against the orders/directions of [a Taxing Officer or other officer of a region] [Substituted vide Orissa Gazette Extraordinary No. 840/20.6.1988-Notification SRO No. 393/ 88/16.6.1988.];(b)to the [Joint Commissioner] [Substituted vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 401/94/3.5.1994.] Transport (Taxation) Orissa against the orders/directions of [a Taxing Officer or any other officer at the office of the State Transport Authority, Orissa below the rank of the Joint Commissioner, Transport (Taxation), Orissa] [Substituted vide Orissa Gazette Extraordinary No. 840/20.6.1988-Notification SRO No. 393/ 88/16.6.1988.]23.
24.
25.
All communications by post to the Taxing Officer shall be addressed to the officer appointed as such under section 2 (j) by his ordinarily official designation.26.
All application made in connection with the purpose of the Act, shall be made at the office of the Taxing Officer or any working day during office hours, unless a special place or time has been notified for this purpose.27.
The Taxing Officer may, for the purpose of expediting the performance of his duties under the Act, notify a particular office or a particular daily or hours for hearing applications made thereunder.Form 'A'[See section 4 (4) (b) and Rule 6]1. Full name of owner............
2. Address of owner..............
3. Maker's name of vehicle...............
4. [Type of vehicle, namely-] [The description which are not applicable should be penned through.]
5. year of manufacture............
6. Horse power and number Of cylinders .......
7. Engine number ............
8. Chassis number ........
9. (a)Seating capacity [in the ease of vehicle which fall under item 4(4) above] [Seating capacity include the driver seat and seats which are permanent fixtures, folding, non-folding and a dickle seat.].........
10. Carrying capacity [in the case of vehicles which fall under item (3)] [The weight laden will be in accordance with section 2 (a) of the At.]................
11. Entire fitted with or entirely fitted with pneumatic tyres ......
12. Period for which [tax/additional tax] [Substituted vide Orissa Gazette Extraordinary No. 485/1.5.1986-SRO No. 319/86/22.4.1986.] is tendered
Signed........Dated..........[Form 'AA'] [Inserted vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 401/94/ 3.5.1994.][See Section 4 and Rule 6]I (address)..................desire to pay in respect of motor vehicle bearing registration No.............the tax/additional tax due for the period from to and tender Rs.......................(Rupees in words) by Cash/Bank Draft/Banker's Cheque No...............dated on Bank.1. Insert date of alteration.
Form 'BB'[See Section 8(1) and Rule 7]1. Full name of the owner...........
2. Address of the owner in full.............
3. Maker's name of the vehicle............
4. type of vehicles, namely-
5. Year of manufacture ..............
6. Engine number.................
7. Chassis number ............
8. Seating capacity in the case of vehicles which fall under item 4(4)......
9. Weight laden (in case of vehicles which fall under items 4(1), (2) and (6) as above)...............
10. Weight laden (in case of vehicles which fall under items 4(3) and (5) as above)...............
11. Reason if any for which [tax/additional tax] [Substituted vide Transport Department, Notification No. 5661-T./22.4.1986.] not payable..........
12. No. and date of notification if the tax/additional tax is excepted
13. Period for which tax/additional tax not payable.......
Signature of the ownerDate.................[Form 'C'] [Substituted vide Orissa Gazette Extraordinary No. 510/9.5.1994-Notification SRO No. 401/94/3.5.1994.][See section 7 and Rule 8]Received rupees (Rupees in words)........................ in shape of Cash/Bank demand draft/Banker's cheque No.................dated.........drawn on.......Bank from (name of the depositor) towards M.V. tax/additional M.V. tax/differential tax/one time tax for motor vehicle bearing registration no for the period from to..................Place........Date..........Signature with Designation StampForm 'D'[See Section 4(4)(b) and Rule 10]Since the owner of the motor vehicle bearing registration mark ..............wants to change his place of business to in region, the undersigned has no objection if the above vehicle pay motor [tax/additional tax] [Inserted vide Orissa Gazette Extraordinary No. 485/1.5.1986, Transport Department Notification No. 5661/22.4.1986.] and such other taxes leviable from time to time in the region to which the owner wants to shift his place of business.There is no arrears outstanding against the above vehicle.Taxing Officer...........RegionDate........Form 'E'[See Section 7 and Rule 12]| Period wise viz. Annual etc. Tax/Additional TaxToken (Year) | |
| {| | |
| TAX/ADDITIONAL TAX TOKEN UNDER ORISSA MOTORVEHICLE TAXATION ACT | |
| MAKE........CAPACITY.........(Kg.)U.W..........H.P.......... | ENGINE No........CHASSIS No.........REGD. No..........R.E........... |
| EXPIRING | ON |
| CLASS..............[TAX/ADDITIONAL TAX........] [Inserted vide Orissa Gazette Extraordinary No. 485 dated 1.5.1986, Transport Department Notification No. 5661 dated 22.4.1986.] | Signature of Taxing OfficerDate.............. |
| Free Tax/Additional Tax Token (Year) | |
| {| | |
| TAX/ADDITIONAL TAX TOKEN UNDER ORISSA MOTORVEHICLE TAXATION ACT | |
| MAKE........CAPACITY.........(Kg.)U.W..........H.P.......... | ENGINE No........CHASSIS No.........REGD. No..........R.E........... |
| EXPIRING | ON |
| CLASS..............[TAX/ADDITIONAL TAX........] [Inserted vide Orissa Gazette Extraordinary No. 485 dated 1.5.1986, Transport Department Notification No. 5661 dated 22.4.1986.] | Signature of Taxing OfficerDate.............. |
| Name of Payee | Amount to tax/additional tax to be refunded | Receipts under the Act |
| 1 | 2 | 3 |
| 1. In figure.....2. In words.... | Receipts under the Orissa Motor Vehicles Taxation Act, 1975. |
| Date..........ExaminedAccountReceivedpaymentClaimant's SignatureDate........... | Signature of Taxing OfficerDesignation...........PayRupees.......... ( ) onlyOfficer-in-chargeof..............TreasuryFor use in A.G.'s OfficeRefundnotedAdmittedObjectedAuditor Superintendent |