State of Madhya Pradesh - Act
Madhya Pradesh Motor Vehicles Taxation Act, 1947
MADHYA PRADESH
India
India
Madhya Pradesh Motor Vehicles Taxation Act, 1947
Act 6 of 1947
- Published on 28 March 1947
- Not commenced
- [This is the version of this document from 28 March 1947.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act to provide for the levy of a tax on motor vehicles in [Madhya Pradesh]3Preamble.- Whereas it is expedient to levy a tax on motor vehicles in [Madhya Pradesh]3It is hereby enacted as follows:-(a)the holder of a permit in respect of such vehicle; (b)any person for the time being in-charge of such vehicle; (c)any person responsible for the management of business of such owner; (aa-2) "pakka road" means road which is metalled, and where a portion of the road is metalled and a portion thereof is un-metalled includes that portion which is metalled;]1(b)"prescribed" means prescribed by rules made under this Act; (c)"quarter" means a period of three months commencing on the 1st day of January, the 1st day of April, the 1st day of July or the 1st day of October; (d)"seating capacity for passengers" of a public service vehicle means the seating capacity specified in the certificate of registration issued under the Motor Vehicles Act, 1939 (No. 4 of 1939), excluding the seats for the driver and the conductor: [(e) "tax" means a tax, an additional tax or a surcharge levied under this Act.]2(2)The tax leviable under sub-section (1) shah be paid by the owner of the motor vehicle used or kept for use-(i)for a whole quarter at one-fourth of the annual rate specified in the First Schedule, and for two or more whole quarters, pro rata, or (ii)for any period expiring on the last day of a quarter and not exceeding two months, at one-sixth or one-twelfth of the rate specified in the First Schedule, according as the period exceeds, or does not exceed one month: [Provided that whenever the rates of tax specified in the First Schedule are enhanced and the owner of a Motor Vehicle becomes liable to pay the tax at the enhanced rate, then such owner shall deposit the difference of amount of tax at the time of payment of tax for subsequent period in respect of that motor vehicle:]4 (i)has given notice in writing to the authority to whom tax is payable in such form; and (ii)fulfils such terms and conditions, as may be prescribed.] [(2-a) Notwithstanding anything contained in sub-section (2),-(i)the owner of a motor cycle, the unladen weight of which exceeds 70 Kilograms and which has been registered during the period between 1st January, 1985 and 31st August, 1985 shall deposit the amount of tax in lumpsum for ten years minus the amount of tax already deposited in respect of such motor cycle before 1st July, 1986; and (ii)the owner of a motor cycle, the unladen weight of which exceeds 70 kilograms applying for registration on or after 1st September, 1985 shall deposit the amount of tax in lumpsum for ten years. The amount of tax deposited under clause (i) or clause (ii) shall be treated as payment of tax for ever in respect of such motor cycle: Provided that the owner of a motor cycle the unladen weight of which does not exceed 70 kilograms will have the option to deposit the amount of tax in lumpsum for ten years and the amount of tax so deposited ??? treated as payment of tax for ever in respect of that motor cycle.]1[(3) An owner who keeps a transport vehicle of which the certificate of fitness and the certificate of registration are current or an owner who keeps a motor vehicle other than a transport vehicle of which the certificate of registration is current shall, for the purposes of this Act, be presumed to keep such vehicle for use.]2[(4) ***]3(2)The tax leviable under sub-section (1) shall be paid by the owner of the public service vehicle for each month at the rate specified in the Third Schedule. (3)The State Government may, from time to time, by notification, amend the Third Schedule but every notification issued under this section shall be laid on the Table of the Legislative Assembly and the provisions of section 24-A of the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958) shall apply there to as they apply to a rule.[(4) The State Government may, by rules, regulate the levy of tax under this section in respect of public service vehicles operating partly on pakka and partly on kachha road or operation of service whereof remains suspended on part of the route covered by the permit during any part of the year.]2 (2)The surcharge leviable under Sub-section (1) shall be paid by the owner of the goods vehicle or the articulated vehicle, as the case maybe, in the same manner as provided for payment of tax levied under section 3.[Explanation:- For the purpose of this section "goods vehicles" shall not include "public service vehicle":]4Provided that where fax levied under section 3 has already been paid prior to the date of coming into force of the Madhya Pradesh Motor Vehicles Taxation (Amendment) Act, 1978 for any period subsequent of such date the amount of surcharge for such period shall be paid within a period of two months from the date of coming into force of the said Act.] (2)Any sum payable under sub-section (1) shall be [charged on the Consolidated Fund of the State.]6 (2)Where a motor vehicle used or kept for use is altered so as to render the owner of such vehicle liable to the payment of an additional tax under section 10, the owner shall fill up and sign an additional declaration in the prescribed form and shall deliver it within the prescribed tare to the authority to whom the tax under this Act is payable.[(3) Every person who is liable to pay the tax under this Act shall, at the time of making payment of the tax, produce before the authority to whom the tax is payable a vaild certificate of insurance in respect of the vehicle which complies with the requirements of Chapter VIII of the Motor Vehicles Act, 1939 (No. 4 of 1939).1 (2)No lax shall be leviable on any motor vehicle used or kept for use solely for the purpose of agriculture.[Explanation I.- For the purposes of sub-section (2) any articulated vehicle belonging to a bona-fide agriculturist used for transportation of-(i)agricultural produce grown on the land cultivated personally; or (ii)any material required for the purpose of agriculture, between the land cultivated personally and his place of residence, go down or any market place of such agriculture produce or such material shall be deemed to be used solely for the purposes of agriculture but any other motor vehicle used for transporting agriculture produce shall not be deemed to be used solely for the purpose of agriculture. Explanation II.- For the purposes of Explanation I, the expressions "bona-fide agriculturist", "to cultivate personally" and "agriculture" shall have the meanings assigned to them in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).1 (2)Where any motor cycle, in respect of which the tax has already been deposited in lumpsum for ten years under sub-section (2-a) of section 3 and such motor cycle is taken to other State as a result of transfer of ownership or otherwise for use therein and thereby ceasing to be liable to payment of tax in Madhya Pradesh, the amount of tax remaining surplus after deducting the tax due and payable thereon at the rate specified in First Schedule shall be refunded to the owner thereof in such manner as may be prescribed.]4 (3)The person to whom such token is granted shall cause it to be exhibited in such manner as may be prescribed on a conspicuous part of the motor vehicle in respect of which the token has been granted. (2)The owner, his authorised agent and the driver of a motor vehicle shall bring the vehicle to a halt and shall keep it stationery for such time as may be required by the authority or the officer specified in sub-section (1) for the purpose of enabling such authority or officer to satisfy that the tax in respect of such vehicle has been paid. (a)uses or keeps for use a motor vehicle in respect of which the tax under this Act has not been paid, or [(b) uses a motor vehicle in contravention of the terms and conditions prescribed under the proviso to sub-section (2) of section,]2(c)delivers a declaration or additional declaration under section 8 or 9, as the case may be, wherein the particulars required by or under this Act to be therein set forth are not fully and truly stated, or [(d) fails to stop and fails to keep a vehicle stationary as required under section 14 or obstructs any authority or officer in the exercise of powers under section 14 or section 15,]3[shall be punishable with fine which shall not be less than the composition feeleviable under section 18 and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which shall not be less than twice the amount of fee so leviable.]4(2)The tax shall be first charged on the vehicle in respect of which it is due as also on its accessories and such vehicle and the accessories thereof may be attached and sold for the recovery of the tax under the appropriate law relating to the recovery of land revenue.]3 (2)In particular and without prejudice to the generality of the foregoing power, the [State]4 Government may make rules for all or any of the following purposes, namely:-(a)to provide for all matters which are required to be prescribed under this Act; (b)to regulate the manner in which refunds may be claimed and granted; [(bb) to provide for the form and the terms and conditions under the proviso to sub-section (2) of section 3;]1[(bbb) to regulate the levy of tax under section 3-A;]2(c)to provide for the exemption of any motor vehicle or class of motor vehicles from payment of the tax either totally or partially; (d)to provide for the levy of a tax in respect of any motor vehicle brought into the [State]3, the person by whom such tax shall be payable, the declaration which shall be made by him, the time within which it shall be made, the time at which, the manner in which and the authority to whom, the tax shall be payable, the receipt to be granted for the tax paid, the token to be exhibited on the motor vehicle and the exemption from payment of the tax; (e)to provide for any other matter for which no provision has been made in this Act and for which provision is, in the opinion of the [State]3 Government, necessary. [(3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person to whom such rule may be applicable.]4 (2)Notwithstanding the repeal of the said Act all rules made thereunder and in force immediately before the commencement of this Act shall in so far as they are consistent with this Act continue in force and be deemed to be rules made under this Act.