State of Andhra Pradesh - Act
Andhra Pradesh Motor Vehicles Taxation Rules, 1963
ANDHRA PRADESH
India
India
Andhra Pradesh Motor Vehicles Taxation Rules, 1963
Rule ANDHRA-PRADESH-MOTOR-VEHICLES-TAXATION-RULES-1963 of 1963
- Published on 25 March 1963
- Commenced on 25 March 1963
- [This is the version of this document from 25 March 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title, extent and commencement.
2. Definitions.
- In these rules unless the context otherwise requires:-3. Endorsement in certificate of registration of tax payable.
- Where a motor vehicle is registered in the State, or the ownership of any motor vehicle registered in another State, is transferred to a person in the State, the licensing officer shall make an entry regarding the amount of quarterly, half-yearly or annual tax [or life time or lumpsum tax] [Added by G.O.Ms.No. 35, T, R & B (Tr-II) dated 24-2-1987.] payable in respect of that motor vehicle in the certificate of registration.4. Filling of declaration for regular payment .
5. [ Filling of declaration when motor vehicle is altered. [Substituted by G.O.Ms.No. 430, T, R & B (Tr-II) dated 25-11-1982. ]
6. Payment of tax for motor vehicle purchased within the quarter and grant of licence.
- Subject to Section 4, the tax in respect of a motor vehicle purchased at any time within the quarter shall be paid in advance by the registered owner of the motor vehicle or other person having possession or control thereof at his choice either quarterly, half-yearly or annually on a licence to be taken out by him for such quarter, half-year or year [at the time of registration of the vehicle, either under Section 23 or Section 25 of the Motor Vehicles Act, 1939 whichever is earlier.] [Substituted for 'within three days from the date of Registration of the vehicle' by G.O.Ms.lilo. 301, Home Tr. I, dated 28-2-1970, A.P. Gazette, RS, Pt-1, dated 9-4-1970 p.157.]6A. [ Assessment of the Additional Tax payable under Section 3-A of the Andhra Pradesh Motor Vehicles Taxation Act, its payment and recovery. [Inserted by Notification No. G.O.Ms. No.138, dated 4.10.2010 (w.e.f. 25.3.1963).]
| (i) After '10' days and within 30 days from thedate of receipt of the demand notice by the registered owner orthe permit holder or the person in control of the vehicle. | Not exceeding 50% of the additional taxdemanded. | |
| (ii) After 30 days and within 60 days from thedate of receipt of the demand notice by the registered owner orthe permit holder or the person in control of the vehicle. | Not exceeding 100% of the additional taxdemanded. | |
| (iii) After 60 days and above from the date ofreceipt of the demand notice by the registered owner or thepermit holder or the person in control of the vehicle. | Not exceeding 200% of the additional taxdemanded. |
7. Procedure for obtaining of licence in respect of motor vehicles exempted under Section 9.
8. Certificate to be kept in respect of motor vehicle designed and used solely for agricultural or mining operation.
- Every owner or occupier of any agricultural land or mine claiming exemption from payment of tax in respect of a motor vehicle designed and used solely for carrying out agricultural or mining operations on such land or mine shall keep in the vehicle a certificate showing the limits of such land or mine, the places for carrying out agricultural or mining operations situated within a distance of fifteen miles from the limits of such land or mine and the nearest market place from the limits of such land, issued by "the [Licensing Officer on Production of Registration documents showing the details of land possessed or taken on lease or such other satisfactory evidence together with an affidavit by the agriculturist claiming exemption from Payment of Tax]. The certificate shall be produced whenever required by any of the officers specified in Clause (a) of sub-section (2) of the Section 5 of the Act.9. Checking of motor vehicles by the Officers of the Commercial Tax Department.
- Any Officer of the Commercial Tax Department not below the rank of an Assistant Commercial Tax Officer who is in-charge of a check post may require the driver of any motor vehicle to stop that motor vehicle at the check post and cause it to remain stationary so long as may reasonably be necessary for the purpose of satisfying himself that a licence has been duly obtained in respect of such motor vehicle.10. Seizure and detention of motor vehicles by certain officers.
- Any Officer of the Transport Department not below the rank of an Assistant Inspector of Motor Vehicles [x x x] [The words 'or any Police Officer in uniform and not below the rank of a Sub-Inspector' omitted by G.O.Ms. No. 610, T, R&B Tr-II dated 12-9-1979.] or any Officer of the Commercial Tax Department not below the rank of an Assistant Commercial Tax Officer in-charge of a check post, and officers of Vigilance and Enforcement Department not below the rank of Inspector may exercise the powers under Section 8.11. Prohibition of alteration, etc., of licence, and issue of duplicate licences.
12. [ Payment of tax and penalty. [Rules 12 and 12-A substituted for the original Rule 12 by G.O.Ms.No. 1470, dated 19-8-1964, A.P. Gazette RS to Pt-I, dated 10-9-1964, P. 425-426.]
- If the tax due in respect of any motor vehicle has not been paid as specified in Section 4 of the Act the registered owner or the person having possession or control of the motor vehicle shall be liable to pay the arrears of tax from the date of expiry of the period for which tax was already paid, together with any penalty that may be imposed by the licensing Officer.]12A. Liability for payment of tax in respect of motor vehicles kept for use.
- [The effect of this amendment is that any person who proposes not to use the motor vehicle nor keep it for use he should give the intimation before the commencement of the quarter for which tax is due. Before the amendment 7 days grace period was available. For the purpose of Section 3 of the Act, a motor vehicle shall be deemed to be kept for use and is liable to tax unless the registered owner or the person having possession or control of the motor vehicle intimates in writing to the licensing officer before the commencement of the quarter for which tax is due that the motor vehicle shall not be used after expiry of the period for which tax has already been paid. The Licensing Officer shall, on receipt of the intimation, acknowledge its receipt] [Substituted by G.O.Ms.No. 160, T, R & B (Tr-II) dated 23-4-1983, A.P. Gazette RS Part 1 (Extraordinary) dated 3-5-1983. ]:Provided that in the case of non-transport vehicles, if the owner of the vehicle fails to submit the stoppage report within the period specified above but subsequently gives an affidavit with full details to the effect that the vehicle was not in existence or that it was already disposed of to another person and that he is no more in possession of it, or that the tax in respect of the vehicle was paid elsewhere in the same State or in some other State and as such he is not liable for payment of tax in the jurisdiction of that Licensing Officer or proves to the satisfaction of the Licensing Officer that the vehicle has not been used, it may be deemed that the vehicle has not been kept for use:[Provided further that nothing in this rule shall apply in respect of vehicles for which life time or lumpsum tax is prescribed.] [Added by G.O.Ms.No. 350, T, R & B (Tr-II), dated 24-2-1987.][xxx] [Proviso omitted by G.O.Ms.No.216, T, R&B dated 30-11-2002, It read as below: 'Provided further that in the case of transport vehicle, if the vehicle is not covered by a valid fitness certificate or a valid permit, it may be deemed that the vehicle is not kept for use as a transport veh1icle and is not taxable as such.][Provided also that in the case of public carrier vehicles registered and normally kept in any one of the States of Madras, Mysore, Kerala, and Maharashtra and covered by permits to ply in this State without counter¬signature under the rules framed under Section 68 (2) (hh) of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) in pursuance of the special reciprocal agreement entered into between the States of Andhra Pradesh, Madras, Maharashtra, Mysore & gala, the vehicle shall be deemed to have been kept for use till the expiry of their permits irrespective of this rule, unless the vehicles are kept under non-use after the prior intimation for a period of whole year in any State or States.] [Third Proviso inserted by G.O.Ms.No. 2657, dated 12-12-1966.]12B. [ [Rule 12-B added by G.O.Ms.No. 1609, Home (Tr-II), dated 22-9-1967. ]
Where by a notification under sub-section (1) of Section 3, the rates of taxes for the periods for which the tax was already paid on a motor vehicle are increased from a date subsequent to the 1st April of a year-13. [ Rates of penalty. [Substituted by Notification No. G.O.Ms. 318, dated 3.11.2008 (w.e.f. 25.3.1963).]
- If the tax due in respect of a motor vehicle has not been paid as specified in Section 4, the Licensing Officer shall impose the penalty under Section 6 of the Act, as specified below:| Period | Amount of penalty |
| (1) Within one month from the beginning of the quarter,half-year or year, as the case may be | 15% of the quarterly tax demanded |
| (2) Within two months from the beginning of the quarter,half-year or year, as the cases may be | 25% of the quarterly tax demanded |
| (3) For over two months from the beginning of the quarter,half-year or year, as the case may be. | 50% of the quarterly tax demanded |
| (4) For each calender month or part thereof inrespect of motor vehicles (Non Transport Vehicles) for which life time or lumpsum isprescribed | Not exceeding 1% of thelife time or lumpsum tax for calendar month or part thereofsubject to a maximum not more than equal to the life time or lumpsum tax. |
| Period | Amount of penalty |
| (1) Within one month from the beginning of the quarter,half-year or year, as the case may be | One half of the quarterly tax. |
| (2) Within two months from the beginning of the quarter,half-year or year, as the cases may be | Three amount of the quarterly tax. |
| (3) For over two months from the beginning of the quarter,half-year or year, as the case may be. | Twice the quarterly tax. |
| (4) For each calender month or part thereof inrespect of motor vehicles (Non Transport Vehicles) for which life time or lumpsum isprescribed | 2% of thelife time or lumpsum tax for calendar month or part thereofsubject to a maximum not more than equal to the life time or lumpsum tax. |