State of West Bengal - Act
The West Bengal Motor Vehicles Tax Act, 1979
WEST BENGAL
India
India
The West Bengal Motor Vehicles Tax Act, 1979
Act 9 of 1979
- Published on 26 April 1979
- Commenced on 26 April 1979
- [This is the version of this document from 26 April 1979.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement. -
2. Definitions. -
(I)In this Act, unless there is anything repugnant in the subject or context,-3. Imposition of tax. -
4. Tax to be paid for the whole year in advance. -
5. Declaration by person keeping a motor vehicle for use. -
5A. [ Special provision regarding contract carriage.-] [Section 5A Inserted by W.B. Act 24 of 1982.] (2) Every person who is liable to pay under this Act tax in respect of a contract carriage plying on a specified route shall, at the time of paying the tax to the Taxing Officer, furnish a no objection certificate from the person with whom the registered owner of the contract carriage has entered into a hire-purchase agreement (such person being hereafter in this section referred to as the financier).
6. Payment of additional tax. -
Where any motor vehicle in respect of which the tax has been paid is altered in such a manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the person who keeps such vehicle shall be liable to pay an additional tax of a sum which is equal to the difference between the tax already paid in respect of such vehicle and the tax which is payable in respect of such vehicle after its being so altered, and the registering authority shall not grant a fresh certificate of registration in respect of such vehicle as so altered until such amount of tax has been paid.7. Receipt of tax. -
8. Token to be exhibited on motor vehicles. -
9. Appeal. -
10. Liability to pay tax by the transferee or the person in possession of a vehicle. -
If the tax payable in respect of any vehicle remains unpaid by any person liable for the payment thereof and such person before paying his tax transfers the ownership of such vehicle or ceases to be in possession or control of such vehicle, the person to whom the ownership of the vehicle has been transferred or the person who is in possession of such vehicle, shall be liable to pay the said tax:Provided that nothing contained in this section shall be deemed to affect the liability to pay the said tax on the person who has transferred the ownership or has ceased to be in possession or control of such vehicle.11. Liability to pay penalty for non-payment of tax in time. -
If the tax payable under section 3 has not been paid .[within the period determined by the Taxing Officer under sub-section (1) of section 4 within the period referred to in clause (a), or within the period as may be specified by the State Government under clause (b), of sub-section (IA) of section 4, as the case may be,] [Words, figures, letters and brackets substituted for the words 'during the prescribed period,' by W.B. Act 33 of 1979] the person liable to pay such tax shall-11A. [ Power to specify] [[Section 11A first Inserted by W.B. Act 25 of 1980, then again substituted by W.B. Act 46 of 1983, w.e.f. 1.4.1981. Previous section 1 IA was as under:-
'11A. Power to exempt from penalty under section 11.- The State Government, if it thinks fit so to do in the public interest, may, by notification in the Official Gazette, exempt-(a)the owner of any motor vehicle who is authorised to operate in the State of West Bengal by virtue of a national permit granted to him under sub-section 111) of section 63 of the Motor Vehicles Act, 1939, or(b)any public carrier who is permitted to operate, subject to any rules made or deemed to have been made under the Motor Vehicles Act, 1939. in the State of West Bengal by virtue of a public carriers permit granted under section 56 of the Motor Vehicles Act, 1939,from payment of such part of the penalty under section 11 as may bespecified in the notification.'.]][* * *] [Word 'fixed' omitted by W.B. Act 13 of 1986, w.e.f. 1.4.1981.] rate of penalty in certain cases.- (1) Notwithstanding anything to the contrary contained in this Act, the State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette,[specify the rate] [Words substituted for the words 'specify a fixed rate' by W.B. Act 13 of 1986, w.e.f. 1.4.1981.] of penalty for non-payment of tax under this Act payable by--(a)the owner of any motor vehicle who is authorised to operate in the State of West Bengal by virtue of a national permit granted under[sub-section (12) of section 88 of the Motor Vehicles Act, 1988,] [Words, figures and brackets substituted for the words, figures and brackets 'sub-section (11) of section 63 of the Motor Vehicles Act, 1939,' by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] or(b)any [goods carriage] [Words substituted for the words 'public carrier' by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] who is permitted to operate, subject to any rules made or deemed to have been made under [the Motor Vehicles Act, 1988,] [Words and figures substituted for the words and figures 'the Motor Vehicles Act, 1939,' by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] in the State of West Bengal by virtue of a public carriers permit granted under [section 79] [Word and figures substituted for the word and figures 'section 56' by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] of that Act.12. Permits to be invalid in case of non-payment of tax [in time] [Words substituted for the words 'within prescribed period' by W.B. Act 33 of 1979.]. -
Notwithstanding anything contained in [the Motor Vehicles Act, 1988,] [Words and figures substituted for the words and figures 'the Motor Vehicles Act, 1939,' by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] if the tax due in respect of a transport vehicle is not paid within the prescribed period, the permit shall be invalid from the date of expiry of [the period determined by the Taxing Officer under sub-section (1) of section 4 or within the period referred to in clause (a), or within the period as may be specified by the State Government under clause (b), of sub-section (IA) of section 4, as the case may be,] [Words, figures, letters and brackets substituted for the words 'the prescribed period' by W.B. Act 33 of 1979.] till the tax is actually realised.13. Manner of claiming refund or remission. -
A person claiming to be entitled to a refund or remission of tax under sub-section (3) of section 4 shall, within such time as may be prescribed, make to the Taxing Officer an application in this behalf in writing which shall be accompanied by such documents as may be prescribed.14. Recovery of tax, penalty or fine as arrear of land revenue. -
Any tax, penalty or fine may be recovered in the same manner as an arrear of land revenue. The motor vehicle in respect of which the tax, penalty or fine is due or its accessories may be distrained or sold whether or not such motor vehicle or accessories are in possession or control of the person liable to pay the tax, penalty or fine.[Inserted by Act No. 14 of 2016, dated 20.1.2017.]| Section 15 substituted by W.B. Act 19 of 2003, which was earlier as under -15. Change of address to be reported.- If any person liable to pay tax under this Act ceases to reside or have his place of business at the address recorded in the declaration under section 5, he shall, within thirty days from such ceasing, report such change of address to the Taxing Officer in such manner as may be prescribed. |
15. Change of address to be reported.
- If any person liable to pay tax under this Act ceases to reside or changed his place of business at the address recorded in the declaration filled up and signed under section 5, he shall, within thirty days from such ceasing, report his new address to the Taxing Officer in whose jurisdiction he has his new residence or place of business, in such manner as may be prescribed.16. Search and seizure. -
16A. [ Disposal of commodities.-] [Sections 16A and 16B Inserted by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] (1) Whenever a motor vehicle is seized under this Act and is found to contain perishable commodities and the owner of the motor vehicle is not readily available or does not take back the motor vehicle after making payment of the dues by such time that the commodities do not get perished or deteriorated, the Taxing Officer within whose jurisdiction the motor vehicle has been seized shall dispose of the same by public auction after publicity in the locality and the nearby markets.
16B. [ Release of motor vehicle seized under the Act.-] [Sections 16A and 16B Inserted by W.B. Act 6 of 1992, w.e.f. 25.11.1991.] No Court shall release a motor vehicle seized under this Act unless the person in whose favour the motor vehicle is released furnishes a bank guarantee equivalent to one and a half times of the total tax due including the additional tax due under the West Bengal Additional Tax and One-time Tax on Motor Vehicles Act, 1989, and the amount of penalty for non-payment of such tax, and also an undertaking to make payment of the same within four weeks from the date of release of the motor vehicle.
17. Restriction on use of motor vehicle in certain cases. -
Any person liable to pay tax under this Act shall not use or allow the use of any motor vehicle where he has reason to believe that [the tax token, tax receipt, permit etc.] [Words substituted for the words 'the tax token, tax receipt and permit' by W.B. Act of 2003.] have been forged, tampered or fraudulently obtained.18. Penalties. -
19. Trial of offences. -
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.20. Power to make rules. -
21. Exemption. -
The State Government, if it thinks fit so to do in the public interest, may, by notification in the Official Gazette, exempt either totally or partially any motor vehicle or class of motor vehicles from the payment of tax.22. Contribution payable to the Corporation of Calcutta. -
23. Repeal and savings. -
| DESCRIPTION OF MOTOR VEHICLES AND RATE OF ANNUALTAX | ||
| A. Vehicles for carrying passengers not plyingfor hire or reward: | ||
| (1) | Motor Cycles and Motor Cycle Combination— | Annual rate of tax |
| (a) engine capacity up to 80 cc | Rs. 100. | |
| (b) engine capacity above 80 cc up to 170 cc | Rs. 200. | |
| (c) engine capacity above 170 cc up to 250 cc | Rs. 300. | |
| (d) engine capacity above 250 cc | Rs. 400. | |
| (2) | (a) Motor Cars owned by individual or societies registeredunder the West Bengal Societies Registration Act, 1961 or anyorganization having exemption from Income Tax — | |
| Annual rate of tax | ||
| (i) engine capacity up to 900 cc | Rs. 600. | |
| (ii) engine capacity above 900 ccup to 1490 cc | Rs. 800. | |
| (iii) engine capacity above 1490cc | Rs. 1600. | |
| (b) Motor Cars owned by others — | ||
| (i) engine capacity up to 900 cc | Rs. 1000. | |
| (ii) engine capacity above 900 ccup to 1490 cc | Rs. 1200. | |
| (iii) engine capacity above 1490cc | Rs. 2500. | |
| (3) | Omnibus registered as Non-transport Vehicle — | |
| (a) with seating capacity up to 8 | Rs. 1400. | |
| (b) with seating capacity beyond 8 | Rs. 1400 for 8 seats plus Rs. 150 for eachadditional seat beyond 8. | |
| (4) | Omnibus registered as private service vehicle - | |
| (a) with seating capacity up to 8 | Rs. 1800. | |
| (b) with seating capacity beyond 8 | Rs. 1800 for 8 seats plus Rs. 150 for everyadditional seat beyond 8. | |
| (5) | Omnibus registered as Educational Institute Bus — | |
| (a) with seating capacity up to 8 | Rs. 1400. | |
| (b) with seating capacity beyond 8 | Rs. 1400 for 8 seats plus Rs. 130 for everyadditional seat beyond 8. | |
| B. Vehicles for carrying passengers plying for hire orreward : | ||
| (1) | Stage carriages — | |
| (a) for each seat, based on seating capacity noted in theregistration certificate | Rs. 100. | |
| (b) for each standing passenger calculated at the rate of 50per cent, of seating capacity | Rs. 50. | |
| (2) | Contract carriages (including those owned by Motor TrainingSchools)— | |
| (a) seating capacity up to 4 seats : | ||
| (i) for 3 wheelers | Rs. 260. | |
| (ii) for meter taxi | Rs. 600. | |
| (iii) for vehicle other than metertaxi | Rs. 700. | |
| (b) seating capacity more than 4 seats : | ||
| (i) meter taxi up to 5 seats | Rs. 800. | |
| (ii) other than meter taxi | Rs. 900 for 5 seats plus Rs. 150 for eachadditional seat beyond 5. | |
| (iii) [ e-rickshaw registered as transport vehicles inWest Bengal and covered by any contract carriagepermit issued by the authority. [Inserted by Act No. 14 of 2016, dated 20.1.2017.] | Rs. 260.00] | |
| C. Goods carriages (including those owned by Motor TrainingSchools): | ||
| Gross Vehicle Weight | Annual rate of tax (in rupees) | |
| Up to 2000 kgs | 400. | |
| Up to 3500 kgs | 700. | |
| Up to 5500 kgs | 1400. | |
| Up to 7000 kgs | 1900. | |
| Up to 9000 kgs | 2300. | |
| Up to 12000 kgs | 3700. | |
| Up to 14000 kgs | 5000. | |
| Up to 15000 kgs | 5500. | |
| Up to 16250 kgs | 6200. | |
| Above 16250 kgs | 6200 plus Rs. 150 for every 250 kgs or partthereof. | |
| D. Trailers: | ||
| Gross Vehicle Weight | Annual rate of tax (in rupees) | |
| Up to 2000 kgs | 500. | |
| Up to 4000 kgs | 900. | |
| Up to 6000 kgs | 1350. | |
| Up to 8000 kgs | 1950. | |
| Up to 10000 kgs | 2900. | |
| Up to 12000 kgs | 4300. | |
| Up to 13000 kgs | 5250. | |
| Up to 14000 kgs | 5950. | |
| Up to 15000 kgs | 6650. | |
| Above 15000 kgs | 6650 plus Rs. 200 for every additional 250 kgsgross vehicle weight or part thereof above 15000 kgs. | |
| E. Articulated Trailers: | ||
| Gross Vehicle Weight | Annual rate of tax (in rupees) | |
| Up to 22600 kgs | 12000. | |
| Up to 26400 kgs | 15000. | |
| Up to 36600 kgs | 25000. | |
| Up to 50000 kgs | 30000. | |
| Above 50000 kgs | 30000 plus Rs. 500 for every additional 500 kgsgross vehicle weight or part thereof above 50000 kgs. | |
| F. Ambulance (including clinic van): | ||
| Unladen Weight | Annual rate of tax (in rupees) | |
| Up to 1200 kgs | 2000. | |
| Up to 2000 kgs | 3000. | |
| Up to 3000 kgs | 4000. | |
| Above 3000 kgs | 4000 plus Rs. 200 for every additional 250 kgsunladen weight or part thereof above 3000 kgs. | |
| G. Tractors, cranes, breakdown vans, fork-lift,vehicles/trailor filled with equipment likerig/generator/compressor, tower-wagon, tree trimming vehicles,mobile crane, audio visual van, and any other vehicle notspecified elsewhere in this Schedule: | ||
| (a) Unladen weight up to 500 kgs | Rs. 400. | |
| (b) Unladen weight exceeding 500 kgs but less than 2000 kgs. | Rs. 400. plus 70 for every additional 250 kgs orpart thereof above 500 kgs. | |
| (c) Unladen weight exceeding 2000 kgs but less than 4000 kgs. | Rs. 820 plus Rs. 100 for every additional 250 kgsor part thereof above 2000 kgs. | |
| (d) Unladen weight exceeding 4000 kgs but less than 8000 kgs. | Rs. 1620 plus Rs. 350 for every additional 250 kgsor part thereof above 4000 kgs. | |
| (e) Unladen weight exceeding 8000 kgs. | Rs. 7220 plus Rs. 400 for every additional 250 kgsor part thereof above 8000 kgs. | |
| H. Motor vehicles in possession or control of dealers ormanufacturers and capable of being moved on the strength of tradecertificates: | ||
| (a) Motor Cycle | Rs. 200. | |
| (b) Three Wheeler | Rs. 300. | |
| (c) Light Motor Vehicles | Rs. 800. | |
| (d) Medium Motor Vehicles | Rs. 2000. | |
| (e) Heavy Motor Vehicles including chassis | Rs. 3000. | |
| I. Special tax for different categories of air-conditionedvehicles : | ||
| (1) Non-transport Vehicle— | ||
| (a) engine capacity up to 900 cc | Rs. 800. | |
| (b) engine capacity above 900 cc up to 1490 cc | Rs. 1500. | |
| (c) engine capacity above 1490 cc | Rs. 2000. | |
| (2) Transport Vehicle— | ||
| (a) Passenger transport vehicle — | ||
| (i) Seating capacity up to 35 | Rs. 3000. | |
| (ii) Seating capacity above 35 | Rs. 6000. | |
| (b) Goods vehicle | Rs. 6000. |