Bombay Presidency - Act
The Bombay Motor Vehicles Tax Rules, 1959
BOMBAY PRESIDENCY
India
India
The Bombay Motor Vehicles Tax Rules, 1959
Rule THE-BOMBAY-MOTOR-VEHICLES-TAX-RULES-1959 of 1959
- Published on 2 February 1959
- Commenced on 2 February 1959
- [This is the version of this document from 2 February 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In these rules unless the context otherwise, requires,3. Assessment of rate of tax.
- When a motor vehicle is registered within the State, then, -4. Means of payment of tax.
- [The payment of the tax may be made either with a Government treasury] [Substituted by G.N. of 1.3.1973.], [branches of the banks approved by the Government or in cash] [Inserted by G.N. H.D., No. MTA. 1987/10TRH-3, dated 3.3.88, M.G.G., Part IV-B, page 160.], by cheque, demand draft or money order to the Taxation Authority. Such payment shall be made to the Taxation Authority in whose jurisdiction the registered owner or the person having control or possession of the motor vehicle has his place of residence or business as entered in the certificate of taxation (hereinafter referred to as 'the appropriate Taxation Authority'); and into the Government Treasury which is situated in the jurisdiction of such Taxation Authority:Provided that, if at any time there is a change in the address of the owner or in the ownership of the vehicle, as recorded in the certificate of taxation, the appropriate Taxation Authority shall be informed of such change in writing in the manner indicated below, and the certificate of taxation shall be got endorsed accordingly from the appropriate Taxation Authority in whose jurisdiction the owner or transferee has his place of residence or business, namely :-Change of address. - (i) The owner shall inform in writing, within thirty days of any change of address, his new address to the Taxation Authority if the new space is within the jurisdiction of the same Taxation Authority, or, if the new space is within the jurisdiction of another Taxation Authority, to that other Taxation Authority, and shall at the same time forward the certificate of taxation to the appropriate Taxation Authority in order that the new address may be entered therein. The owner shall also simultaneously intimate the change in the address to the Taxation Authority having jurisdiction over the place of his previous address.5. Certificate for non-user.
6. Declaration.
7. Manner of delivery of declaration.
- The declaration shall be delivered either by hand delivery or sent by registered post to the Taxation Authority within whose jurisdiction [the registered owner or person having possession or control of the motor vehicle has his place of residence or business] [Substituted by G.N. of 1.3.1973.]. It shall be sent along with (a) the amount of tax due for the period specified in the declaration of the cheque, the demand-draft, the money order receipt or, as the case may be, the treasury chalan in respect of such amount, (b) the certificate of taxation, if any, issued in respect of the motor vehicle, and (c) a valid certificate of insurance in respect of the vehicle.8. Period within which declaration is to be made.
- The declaration shall be delivered. -9. Additional declaration.
- The additional declaration shall be in Form 'BT' and shall state the alterations made to the vehicle or the manner in which it is proposed to be used so as to cause it to become a vehicle in respect of which a higher rate of tax is payable. Such declaration shall be delivered, in case of alterations to the vehicle, within fourteen days or the making of such alterations and in case of proposed change in the manner of the use of the vehicle before the vehicle is used in that manner to [the appropriate Taxation Authority together with the] [Added by G.N. of 26.3.1980.] certificate of taxation in respect of the motor vehicle and the amount of additional tax payable under section 7 or the cheque,the demand draft, the money order receipt or, as the case may be, treasury chalan, in respect of such amount.10. Forms of declaration and additional declaration from whom to be obtained.
- The forms of declaration and additional declaration may be obtained from the office of any Taxation Authority or registering authority.11. [(1)] [Renumbered, by G.N. of 1.3.1973.] Taxation Authority to satisfy itself that declaration or additional declaration is complete.
- The Taxation Authority shall satisfy itself that every declaration or additional declaration delivered or sent to it is complete in all respects and that proper amount of tax or additional tax, [including additional tax under Rule 11-A)] [Inserted by G.N. of 31.8.1967.] as the case may be, has been paid, and for this purpose, it may require the registered owner or the person having possession or control of the motor vehicle in respect of which the declaration or additional declaration is made, to produce the motor vehicle before itself or before an Inspector of Motor Vehicles. If the Taxation Authority is satisfied that the correct amount of tax has been paid, [it shall] [Inserted by G.N. of 31.8.1967.] [issue a receipt and a certificate of taxation in Form T' or, in the case of additional declaration amend suitably the certificate of taxation already issued.] [Substituted by G.N. of 1.3.1973.]11A. [ Period within which amount of tax payable by reason of enhancement of rate of tax shall be paid. [Inserted by G.N. of 31.8.1967.]
- Where the rate of tax in respect of any motor vehicle for any period is increased during the currency of such period, the registered owner or person who is in possession or control of such vehicle shall pay for the unexpired portion of such period since the date on which rate of tax is increased, an additional tax of a sum equal to the difference between the amount of the tax payable for such unexpired portion at the higher rate and the rate at which the tax was paid or is to be paid before the increase in the rate of tax for that portion [within the period provided in clause (iii) of Rule 8] from the date from which the rate of tax has been increased or such further period as the State Government may, by notification in the Official Gazette specify. On payment of such additional tax, the Taxation Authority shall make an endorsement to that effect [in the certificate of taxation and issue a receipt for the additional payment received.] [Substituted, G.N. of 1.3.1973.]11B. [ Condition subject to which interest may be remitted under Section 8A. [Inserted by G.N. of 26.3.1980.]
- The Transport Commissioner shall not remit interest wholly or partially unless he is satisfied that the person claiming such remission is not in arrears of any tax for any period. No remission of interest shall be made when the amount of interest applied for remission does not exceed rupees fifty or six per cent of the tax in arrears, whichever is more].12. Application for refund under section 9.
- [(1) Any person claiming a refund under Section 9 shall submit an application in Form 'DT' to the appropriate Taxation Authority stating the grounds on which the refund is claimed] [Substituted by G.N. of 1.3.1973.]13. Certificate of refund.
14. [ Payment of refund. [Substituted by G.N. of 20.10.1965.]
- Any person, to whom a certificate in Form 'ET', has been issued under Rule 13 shall, on presentation of parts II and III of the certificate at the State Bank of India, the Reserve Bank of India or any other bank conducting the cash business of the State Government, within ninety days from the date of its issue or from the date or signification of any subsequent renewal of the certificate by the Taxation Authority, be entitled to have the refund of the sum mentioned therein Part III of the certificate shall be returned by the bank branded with "P Stamp" to the Taxation Authority, after encashment of the certificate of refund.]15. Register of refunds.
- The Taxation Authority shall maintain a register of refunds of the tax and every amount for which a certificate in Form 'ET' has been issued shall be entered in such register. [* * *] [Deleted by G.N. of 1.3.1973.]16. Levy of tax, etc. in case of fleet-owner.
- In the case of a fleet-owner, the foregoing provisions shall, so far as may be, apply subject to the following modifications, namely :-17. Vehicles exempted from tax under Section 13.
18. Power to stop motor vehicle.
- Any police officer in uniform, of and above the rank of a constable, or any officer of the Motor Vehicles Department in uniform of and above the rank of an Assistant Motor Vehicles Inspector, may exercise the powers mentioned in section 15.18A. [ Procedure for seizure and detention of motor vehicles in case of non-payment of tax. [Inserted by G.N. of 28.12.1971.]
19. [ Composition of offences. [Substituted by G.N. of 26.3.1980.]
20. [ Record of interest and of sums paid by way of composition of offence to be maintained. [Substituted by G.N. of 26.3.1980.]
- Every Taxation Authority shall maintain a record of all sums payable as interest under Section 8A and sums payable by way of composition of offence under Rule 19 and of recoveries thereof.]21. Declaration to be submitted in respect of vehicles brought into State.
- any person, -22.
[* * *] [Deleted by G.N. of 26.3.1980.]23. [ Issue of certificate of taxation in case of vehicle brought for use in State. [Substituted by G.N. of 1.3.1973.]
- Where on receipt of declaration in Form 'FT, the Taxation Authority is satisfied that the vehicle in respect of which such declaration is made is exempted from the payment of tax, or that the amount of tax due in respect of such a vehicle has been paid, it shall issue a certificate of taxation and make an endorsement of exemption or tax payment, in the said certificate, and also issue a receipt for the payment received :Provided that, no certificate of taxation may be issued in respect of a visiting vehicle intended to be used in the State for less than a year from the date of arrival in the State.]24.
[* * *] [Deleted, G.N. of 1.3.1973.]25. [ Alteration, etc., of receipt or certificate of taxation. [Substituted G.N. of 1.3.1973.]
26. Fraction of rupee
- For the purpose of calculating the amount of refund due to any person or the amount of penalty 2[due from any person, in any other cases where rounding off is not expressly provided under these rules] the fraction of a rupee less than fifty naye paise shall be taken as fifty naye paise and the portion of rupee exceeding fifty naye paise shall be taken as a rupee.27. Register of receipts of tax.
- The Taxation Authority shall maintain a register of receipts of the tax.28. Notice of place and time of business.
- The Taxation Authority shall give public notice of the places at which, the date on which and the hours between which payment of the tax may be made and application made and heard under the Act.29. Appeal under Section 14 to Appellate Authority.
29A. [ Grant of stay in Appeal and Revision. [Rule 29A was inserted by G.N. MTA 3885/16/TRA-3, date 12.1.1989, M.G.G., Part IV-B, page 64.]
30. Procedure on appeals.
- Where an appeal is presented under Rule 29, the appellate authority shall give an intimation thereof to the Taxation Authority against the order of which the appeal is preferred and may, after giving an opportunity to the parties concerned to be heard and after making such inquiry as it deems fit, either confirm, modify or set-aside the order of the Taxation Authority.31. Supply of copies.
- The appellate authority or the Taxation Authority against the order of which an appeal has been preferred under Rule 29 may give to any person interested in the appeal copies of the memorandum of appeal and of any documents produced therewith on payment of [a fee calculated at the rate of rupees ten for the first page and rupees two for each additional page of each document.] [Substituted by G.N. of 26.3.1980.]32. Supply of information regarding payment of tax, etc.
- The Taxation Authority may supply information on all or any of the items specified below regarding any motor vehicle registered in the records maintained by it to any intending purchaser of such vehicle on an application made by him and on payment of [a fee of rupees two per vehicle] [Substituted by G.N. of 12.1.1989.]33. Penalty for contravention of rules.
- Whosoever contravene any of the provision of rules 6, 7, 8, 9, 16, 17, 21, [* * *] [Deleted by G.N. dated 1.3.1973.] and 25 shall, on conviction, be punished with fine which may extend to two hundred rupees, if no penalty is prescribed by the Act for such contravention.[Form 'T * * *] [Deleted by G.N. of 1.3.1973.][Form 'TCR' * * *] [Inserted by G.N. of 1.3.1973.](See Rule 4)Intimation of Transfer of Ownership of a Motor Vehicle by TransferorToThe Taxation Authority ...............I ....... son/ daughter/ wife(*) of hereby inform you that I have on sold motor vehicle bearing number ..... the ownership of which stand in my name to son/daughter/wife (*) of address and request that the certificate of taxation of the said vehicle may now be transferred in his/her name.Dated ... 19Signature or thumb impression of transferor.* Strike out whichever is inapplicable.Form 'TCA'(See Rule 4)Intimation of Transfer of Ownership of a Motor Vehicle by TransfereeI, [........] [Here enter full name of transferee.] aged ..... son/ daughter/ wife (*) of [..............] [Here enter full address of transferee.] of ........... forward herewith the certificate of taxation of motor vehicle bearing No. [..............] [Here enter registration mark.] (O) the ownership of which has been transferred to me by [..............] [Here enter name and address of person from whom the vehicle has been transferred.] and hereby request that the certificate of taxation of the said vehicle may be transferred in my name and that it be amended accordingly.Dated 19Signature or thumb impression of transferee.Form TCI'(See Rule 4)Communication of transfer of ownership of a motor vehicle in the Taxation Authority from whose area the vehicle has migratedToThe Taxation Authority ................................The certificate of taxation of motor vehicle bearing No. [............] [Here enter registration mark.] standing in the name of address ..... within your jurisdiction has with effect from the day of .......... 19 ......... been transferred to the name of [..........] [Here enter full name of transferee.] *son/ daughter/ wife of [........] [Here enter address of transferee.]Dated 19Taxation Authority.(*) Strike out whichever inapplicable.][Form NT' * * *] [Deleted by G.N. of 26.3.1980.][Form NT-A * * *] [Deleted by G.N. of 1.3.1973.][Form AT'] [Substituted by G.N. of 1.3.1973.][See rule 6(1)]Form of Declaration to be made in respect of a Motor Vehicle used or kept for use in the StateI .......... (address) ........ desire to pay in respect of motor vehicle No. the tax due from upto ** and tender Rs by *Treasury chalan No. ..... dated on ... . Treasury/*Cash/*Cheque/*demand draft/*money order, being the tax due [for the period on account of partial exemption from payment of tax granted under Government Notification, Home Department, No dated the .... 19 ... . in support of which documentary proof is attached] [Substituted by G.N. of 1.3.1973.].*(a) I intend*/* do not intend to use the vehicle solely within the limits of ** which has */* has not levied a tax on motor vehicles.*(b) I intend to use the vehicle both within and without the limits of local authorities.| (c) The fuel used in the vehicle is| Motor spiritother than motor spirit. |
| I, ............ residing at ............... hereby declare that I| *have made the following alterations in*propose to use| my motor vehicle |
| bearing registration mark No.| *from*on| in the following manner :- |
| Period for which tax is paid | Amount of Tax paid | Penalty paid, if any | Date of payment and receipt number |
| Period for which refund is granted | Amount of Tax paid | Refund Order number and date |
| A1. (a) The[certificate of taxation] [Substituted by G.N. of 1.3.1973.]in respect of the vehicle| [iswas] [Strike out whichever is applicable]| surrendered| [herewithon......19] [Strike out whichever is applicable]| together with[the declaration made under Rule 5] [Substituted by G.N. of 26.3.1980.] |
| [The following is the address of the place of garage where the vehicle] [To be filled in where (a) or (b) or (c) applies.]| [will bewas] [Strike out whichever is applicable]| kept in non-use during the entire period for which, refund is claimed, namely :- |
2. [That the registration of motor vehicle] [Strike out whichever is inapplicable.] .............. (Chassis No. .................) was refused on .............
3. [That the registration of motor vehicle] [Substituted by G.N. of 26.3.1980.] was [suspended/ cancelled on] [Substituted by G.N. of 26.3.1980.] ..... and in pursuance of the order thereof, the registration certificate [was surrendered on] [Substituted by G.N. of 26.3.1980.] ........... and a certificate from the Registering Authority [suspending/ cancelling] [Strike out whichever is inapplicable.] the registration is attached.
4. [That the motor vehicle] [Strike out whichever is inapplicable.] is subject to a lower rate tax on the ground mentioned in sub-section (3) of Section 9.
5. [That I have erroneously paid] [Strike out whichever is inapplicable.] more tax than what was leviable.
B. The following proof for my claim is attached herewithDate :Signature of Applicant.['Form ET'] [Substituted by G.N. of 20.10.1965.][See Rule 13(1), 14 and 15](Payable within ninety days from the date of issue or any subsequent renewal).Certificate of RefundPart I – (For the use of Office only)
Book No. ................. Page No. ................To*The Secretary and Treasurer, State Bank of India.*The Manager, Reserve Bank of India, Bombay.* The Manager* ............ Bank.I ........................ Taxation Authority hereby certify that *Sri/ *Shrimati/ *Kumari .................... of .................. having paid on ................ the amount of Rs. ................ as tax on the motor vehicle .................. bearing Registration Mark No. .......... for .................. is entitled to a refund of Rs. ............... A note of refund has been made in the original document.Please pay to *Shri/ *Shrimati/ *Kumari ..................... rupees .................. (in words and figures on account of the above refund).Date ....Signature of Taxation Authority.Permanent address of the person who has paid tax, should be inserted. A brief description of the motor vehicle should be inserted if it has not been registered.* Strike out whichever is inapplicable.['Form ET'] [Substituted by G.N. of 20.10.1965.][See Rule 13(1), 14 and 15](Payable within ninety days from the date of issue of any subsequent renewal).Certificate of RefundPart II – (For the use of payee only)
Book No. ................... Page No. ..................To*The Secretary and Treasurer, State Bank of India.*The Manager, Reserve Bank of India, Bombay.* The Manager* ............. BankI ................. Taxation Authority hereby certify that *Sri/ *Shrimati/ *Kumari ............... of .................. having paid on ............... the amount of Rs. ............ as tax on the motor vehicle ................. bearing Registration Mark No. ................. for ............. is entitled to a refund of Rs. ..................... A note of refund has been made in the original document.Please pay to *Shri/ *Shrimati/ *Kumari ........................ rupees ..................... (in words and figures on account of the above refund).Date .............Signature ofTaxation Authority.Permanent address of the person who has paid tax, should be inserted.A brief description of the motor vehicle should be inserted if it has not been registered.* Strike out whichever is inapplicable.'Form ET'[See Rule 13(1), 14 and 15](Payable within ninety days from the date of issue or any subsequent renewal).Certificate of RefundPart III – (For the use of Bank only)
[To be returned to the issuing authority after encashment branded with bank paid stamp [Substituted by G.N. of 20.10.1965.]Book No. .................... Page No. .....................To*The Secretary and Treasurer, State Bank of India.*The Manager, Reserve Bank of India, Bombay.* The Manager* ............. BankI ....................... Taxation Authority hereby certify that *Shri/ *Shrimati/ *Kumari ............... of ............... having paid on the amount of Rs. ................ as tax on the motor vehicle ...................... bearing Registration Mark No. ....................... for ............... is entitled to a refund of Rs. ...................... A note of refund has been made in the original document.Please pay to *Shri/*Shrimati/*Kumari .................... rupees .......................... (in words and figures on account of the above refund).Date ....Signature of Taxation Authority.]Permanent address of the person who has paid tax, should be inserted.A brief description of the motor vehicle should be inserted if it has not been registered.* Strike out whichever is inapplicable.Form HT'[x x x] [Deleted by G.N. of 1.3.1973.][Form 'IT'] [Substituted by G.N. of 28.12.1971.][See Rule 16(1)]Form of [Declaration] [Substituted by G.N. of 1.3.1973.] to be made by a fleet owner in respect of transport vehicles used or kept for use in the State.I/We hereby [declare] [Substituted by G.N. of 1.3.1973.] that transport vehicle as per particulars furnished below, owned by me/us have been used in the State in the preceding year ending 31st March 19 ..............| Registration mark | Seats/ standees assigned to the buses | Registered laden weight assigned to the goodsvehicles | [Carrying capacity of the goods vehicles] [Inserted by G.N. of 26.3.1980.] | Date of Registration in the current year | If altered Date Nature |
| 1 | 2 | 3 | 3A | 4 | 5 |
| Fuel used | Whether used | Month throughout which the vehicle was not used | Annual rate of tax | Amount of tax due for the preceding year | Remarks | ||
| Motor Spirit | other than motor spirit | within Municipal limits | Outside Municipal limits | ||||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 | |
| in Form| [*] [Deleted by G.N. of 1.3.1973.]'IT'| and the record of the motor vehicles use in Form 'JT' forwarded to me by the fleet-owner... that the| [*] [Deleted by G.N. of 1.3.1973.]final |
| Registered mark No. of motor vehicle | Type of motor vehicle (whether stage carriage, contractcarriage, goods vehicle or other transport vehicle) | Whether used on any day in the month of | Place of garage if under non-use | If removed to another Depot, or Unit, how, when and where itwas removed | Remarks |
| April May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. March | |||||