Act Info:
(1) A tax at the rates specified in Part A of the Schedule shall be levied on all motor vehicles suitable for use on roads 1 [x x x]:
1 [Proviso x x x]
2 [Provided that in the case of a motor cycle (including motor scooter and cycle with attachment for propelling the same by mechanical power) 3 [other than those owned by Central Government employees or Defence Personnel] the tax shall be levied at the rates specified in part 4 [A1] of the schedule:]
5 [Provided further that in the case of tractors, trailers and power tiller trailers,--
(a) owned by agriculturists and whose main source of income is from agriculture;
(b) owned by agricultural co-operative societies including Vyavasaya Seva Sahakari Sangha Niyamitha, Raitha Seva Sahakari Sangha Niyamitha, Sericulture-cum-Farmers Co-operative Societies, Large Sized Co-operative Societies, Co-operative Agricultural Banks, Small sized Co-operative Societies, Agricultural Credit Societies, Multipurpose Co-operative Credit Societies, Doddapramanada Prathamika Patthina Sahakari Sangha, Primary Co-operative Agriculture and Rural Development Bank and Services Co-operative Societies; and
(c) not falling under clauses (a) and (b) above but used exclusively for carrying out such agricultural operations as may be prescribed, the tax shall be levied at the rates specified in Part-4 [A2] of the schedule:]
6 [Provided also that in case of Vintage-car and Classic car, the tax shall be levied at the rates specified in Part 4 [A3] of the schedule:]
7 [Provided also that:--
8 [(a) In case of three wheelers including autorickshaws used for transportation of goods not exceeding 1000 kgs. in weight laden and vehicles permitted to carry three passengers (excluding driver) either used for hire or reward or not, the tax shall be levied at the rates specified in Part 'A4' of the schedule.
9 [(b) in case of motor cars including jeeps (other than those owned by companies. Central Government employees or defence personnel and imported cars of the years 1985 and later models) and omni buses and private service vehicles having floor area not exceeding 10 [five square meters], tax shall be levied at the rates specified in part A5 of the Schedule.]]]
Explanation.--A motor vehicle of which the certificate of registration is current shall, for the purposes of this Act, be deemed to be a vehicle suitable for use on roads.
11 [Note.--For the purpose of the above Explanation the certificate of registration shall, notwithstanding anything contained in section 38 of the Motor Vehicles Act, 1939, be deemed to be current even if the certificate of fitness is not effective provided such certificate of fitness has not been cancelled.]
(2) Notwithstanding anything contained in sub-section (1) 12 [or section 4], taxes at the rates specified in Part B of the Schedule shall be levied on motor vehicles 13 [suitable for use on roads, which are in the State] for periods shorter than a quarter, but not exceeding thirty days.
(3) In the case of motor vehicles in respect of which any reciprocal arrangement relating to taxation has been entered into between the 14 [ Government of Karnataka] and any other State Government, the levy of tax shall, notwithstanding anything contained in this Act, be in accordance with the terms and conditions of such reciprocal arrangement:
Provided that the tax leviable under any such arrangement shall not exceed the tax leviable under the Schedule:
Provided further that the terms and conditions of every such reciprocal arrangement shall be published in the Official Gazette, and a copy thereof shall be laid before the State Legislative Assembly.
15 [(4) Notwithstanding anything contained in sub-sections (1) and (2), a special additional tax at the rates specified in Part-D of the Schedule shall be levied on motor vehicles suitable for use on roads carrying passengers or goods in excess of the permitted capacity of the vehicles.]
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1. Omitted by Act 38 of 1976 w.e.f. 1.7.1976 by notification. Text of the notification is atpage 624.
2. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
3. Inserted by Act 8 of 1997 w.e.f. 1.4.1997.
4. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
5. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
6. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
7. Inserted by Act 7 of 1995 w.e.f. 1.4.1995.
8. Substituted by Act 8 of 1997 w.e.f. 1.4.1997.
9. Substituted by Act 13 of 1997 w.e.f. 1.4.1997.
10. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
11. Inserted by Act 39 of 1981 w.e.f. 1.1.1958.
12. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
13. Substituted by Act 38 of 1976 w.e.f. 1.7.1976.
14. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
15. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 3 - Levy of tax
(1) A tax at the rates specified in Part A of the Schedule shall be levied on all motor vehicles suitable for use on roads 1 [x x x]:
1 [Proviso x x x]
2 [Provided that in the case of a motor cycle (including motor scooter and cycle with attachment for propelling the same by mechanical power) 3 [other than those owned by Central Government employees or Defence Personnel] the tax shall be levied at the rates specified in part 4 [A1] of the schedule:]
5 [Provided further that in the case of tractors, trailers and power tiller trailers,--
(a) owned by agriculturists and whose main source of income is from agriculture;
(b) owned by agricultural co-operative societies including Vyavasaya Seva Sahakari Sangha Niyamitha, Raitha Seva Sahakari Sangha Niyamitha, Sericulture-cum-Farmers Co-operative Societies, Large Sized Co-operative Societies, Co-operative Agricultural Banks, Small sized Co-operative Societies, Agricultural Credit Societies, Multipurpose Co-operative Credit Societies, Doddapramanada Prathamika Patthina Sahakari Sangha, Primary Co-operative Agriculture and Rural Development Bank and Services Co-operative Societies; and
(c) not falling under clauses (a) and (b) above but used exclusively for carrying out such agricultural operations as may be prescribed, the tax shall be levied at the rates specified in Part-4 [A2] of the schedule:]
6 [Provided also that in case of Vintage-car and Classic car, the tax shall be levied at the rates specified in Part 4 [A3] of the schedule:]
7 [Provided also that:--
8 [(a) In case of three wheelers including autorickshaws used for transportation of goods not exceeding 1000 kgs. in weight laden and vehicles permitted to carry three passengers (excluding driver) either used for hire or reward or not, the tax shall be levied at the rates specified in Part 'A4' of the schedule.
9 [(b) in case of motor cars including jeeps (other than those owned by companies. Central Government employees or defence personnel and imported cars of the years 1985 and later models) and omni buses and private service vehicles having floor area not exceeding 10 [five square meters], tax shall be levied at the rates specified in part A5 of the Schedule.]]]
Explanation.--A motor vehicle of which the certificate of registration is current shall, for the purposes of this Act, be deemed to be a vehicle suitable for use on roads.
11 [Note.--For the purpose of the above Explanation the certificate of registration shall, notwithstanding anything contained in section 38 of the Motor Vehicles Act, 1939, be deemed to be current even if the certificate of fitness is not effective provided such certificate of fitness has not been cancelled.]
(2) Notwithstanding anything contained in sub-section (1) 12 [or section 4], taxes at the rates specified in Part B of the Schedule shall be levied on motor vehicles 13 [suitable for use on roads, which are in the State] for periods shorter than a quarter, but not exceeding thirty days.
(3) In the case of motor vehicles in respect of which any reciprocal arrangement relating to taxation has been entered into between the 14 [ Government of Karnataka] and any other State Government, the levy of tax shall, notwithstanding anything contained in this Act, be in accordance with the terms and conditions of such reciprocal arrangement:
Provided that the tax leviable under any such arrangement shall not exceed the tax leviable under the Schedule:
Provided further that the terms and conditions of every such reciprocal arrangement shall be published in the Official Gazette, and a copy thereof shall be laid before the State Legislative Assembly.
15 [(4) Notwithstanding anything contained in sub-sections (1) and (2), a special additional tax at the rates specified in Part-D of the Schedule shall be levied on motor vehicles suitable for use on roads carrying passengers or goods in excess of the permitted capacity of the vehicles.]
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1. Omitted by Act 38 of 1976 w.e.f. 1.7.1976 by notification. Text of the notification is atpage 624.
2. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
3. Inserted by Act 8 of 1997 w.e.f. 1.4.1997.
4. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
5. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
6. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
7. Inserted by Act 7 of 1995 w.e.f. 1.4.1995.
8. Substituted by Act 8 of 1997 w.e.f. 1.4.1997.
9. Substituted by Act 13 of 1997 w.e.f. 1.4.1997.
10. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
11. Inserted by Act 39 of 1981 w.e.f. 1.1.1958.
12. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
13. Substituted by Act 38 of 1976 w.e.f. 1.7.1976.
14. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
15. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 3A - Levy of cess
1 [3A. Levy of cess
(1) There shall be levied and collected by way of cess 2 [for a period of 3 [four years] with effect from the first day of April, 1998 for the purpose of equity investment in the 4 [Infrastructure Development Corporation (Karnataka) Ltd and Bangalore Mass Rapid Transit Ltd in the proportion of 67:33 respectively]], a tax at the rate of five percentum of the tax levied under section 3 on motor vehicles registered, under the Motor Vehicles Act, 1988, (Central Act 59 of 1988), 5 [x x x].
(2) The cess levied under sub-section (1) shall be in addition to any tax levied under section 3.
(3) The provisions of the Act and the rules made there under including those relating to refund or exemption from tax shall, so far as may be, apply in relation to the levy, assessment and collection of the cess payable under sub-section (1), as they apply in relation to the levy, assessment and collection of motor vehicles tax under this Act.
5 [Explanation.--x x x]]
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1. Inserted by Act 7 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 4 of 1998 w.e.f. 1.4.1998.
3. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
4. Substituted by Act 32 of 2000 w.e.f. 1.4.1998.
5. Omitted by Act 4 of 1998 w.e.f. 1.4.1998.
Section 3A - Levy of cess
1 [3A. Levy of cess
(1) There shall be levied and collected by way of cess 2 [for a period of 3 [four years] with effect from the first day of April, 1998 for the purpose of equity investment in the 4 [Infrastructure Development Corporation (Karnataka) Ltd and Bangalore Mass Rapid Transit Ltd in the proportion of 67:33 respectively]], a tax at the rate of five percentum of the tax levied under section 3 on motor vehicles registered, under the Motor Vehicles Act, 1988, (Central Act 59 of 1988), 5 [x x x].
(2) The cess levied under sub-section (1) shall be in addition to any tax levied under section 3.
(3) The provisions of the Act and the rules made there under including those relating to refund or exemption from tax shall, so far as may be, apply in relation to the levy, assessment and collection of the cess payable under sub-section (1), as they apply in relation to the levy, assessment and collection of motor vehicles tax under this Act.
5 [Explanation.--x x x]]
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1. Inserted by Act 7 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 4 of 1998 w.e.f. 1.4.1998.
3. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
4. Substituted by Act 32 of 2000 w.e.f. 1.4.1998.
5. Omitted by Act 4 of 1998 w.e.f. 1.4.1998.
Section 3B - Omitted
1[3B. XXX]
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1. Sections 3B and 3C omitted by Act 30 of 1985 w.e.f. 1.8.1985.
Section 3B - Omitted
1[3B. XXX]
______________________________
1. Sections 3B and 3C omitted by Act 30 of 1985 w.e.f. 1.8.1985.
Section 3C - Omitted
1[3C. XXX]
_______________________________
1. Sections 3B and 3C omitted by Act 30 of 1985 w.e.f. 1.8.1985.
Section 3C - Omitted
1[3C. XXX]
_______________________________
1. Sections 3B and 3C omitted by Act 30 of 1985 w.e.f. 1.8.1985.
Section 4 - Payment of tax
(1) The tax levied under section 3 shall be paid in advance by the registered owner or person having possession or control of the motor vehicle, for a quarter, half-year or year, at his choice, 1 [within 2 [fifteen days] from the commencement of such quarter, half-year, or year as the case may be]:
3 [Provided that the tax in respect of vehicles specified in item 1 and 14(2) of Part A of the Schedule shall be paid annually subject to such conditions as may be specified by the Government from time to time:]
4 [Proviso x x x]
5 [Provided also that notwithstanding anything in this sub-section such tax may be paid in advance in a lumpsum by such owner or person at his choice, for a period of five years or ten years within fifteen days from the commencement of the first year of such period of five years or ten years:]
6 [Provided also that in case of three wheelers including auto rickshaws used for transportation of goods not exceeding 1000 kgs. in weight laden and vehicles permitted to carry three passengers (excluding driver) either for hire or reward or not 7 [,motor cars including jeeps (other than those owned by companies, Central Government Employees or Defence personnel and imported cars of the years 1985 and later models) and omni buses and private service vehicles having floor area not exceeding 8 [five square meters]]specified in the fourth proviso to sub-section (1) of section 3 in respect of which tax is already paid prior to the first day of April, 1997, the tax specified in the fourth proviso to sub-section (1) of section 3 shall be levied after the expiry of the period for which tax is paid under sub-section (1) and the tax shall be paid within one month from the date of expiry of thesaid period:]
9 [Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.] [Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.][Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
1 [Explanation.--The tax for half-year shall be double the tax for a quarter and the tax for a year shall be four times the tax for a quarter.]
(2) In case of half-yearly and annual 1 [payments], 5 [or payments for the period of five years or ten years] such rebate in respect of the tax as may be prescribed shall be granted.
10 [(3) Notwithstanding anything contained in the preceding sub-sections, the 11 [tax levied under the provisos] to sub-section (1) of section 3, shall be paid in advance in a lumpsum by the registered owner or person having possession or control of the motor vehicle and the tax so paid shall be for the life time of the vehicle:
Provided that the motor cycle in respect of which the tax is already paid under sub-section (1) of section 3 prior to the first day of April, 1986, tax specified under the first proviso to sub-section (1) of section 3 shall be levied after the expiry of the period for which the tax paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
12 [Provided further that in the case of tractors, trailers and power tiller trailers specified in the second proviso to sub-section (1) of section 3, in respect of which the tax is already paid under that sub-section prior to the first day of April, 1990, the tax specified under the second proviso to subsection (1) of section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
13 [(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.] [(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.][(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Substituted by Act 39 of 1981 w.e.f. 12.8.1981.
3. Inserted by Act 38 of 1976 w.e.f. 1.1.1977 & substituted by Act 8 of 1997 w.e.f. 1.4.1997.
4. Inserted by Act 7 of 1979 w.e.f. 22.2.1979 & omitted by Act 8 of 1997 w.e.f. 1.4.1997.
5. Inserted by Act 8 of 1983 w.e.f. 1.4.1983.
6. Inserted by Act 7 of 1995 w.e.f. 1.4.1995 & substituted by Act 8 of 1997 w.e.f. 1.4.1997.
7. Substituted by Act 13 of 1997 w.e.f. 1.4.1997.
8. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
9. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
10. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
11. Substituted by Act 12 of 1990 w.e.f. 1.4.1990.
12. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
13. Inserted by Act 7 of 1992 w.e.f. 1.4.1992.
Section 4 - Payment of tax
(1) The tax levied under section 3 shall be paid in advance by the registered owner or person having possession or control of the motor vehicle, for a quarter, half-year or year, at his choice, 1 [within 2 [fifteen days] from the commencement of such quarter, half-year, or year as the case may be]:
3 [Provided that the tax in respect of vehicles specified in item 1 and 14(2) of Part A of the Schedule shall be paid annually subject to such conditions as may be specified by the Government from time to time:]
4 [Proviso x x x]
5 [Provided also that notwithstanding anything in this sub-section such tax may be paid in advance in a lumpsum by such owner or person at his choice, for a period of five years or ten years within fifteen days from the commencement of the first year of such period of five years or ten years:]
6 [Provided also that in case of three wheelers including auto rickshaws used for transportation of goods not exceeding 1000 kgs. in weight laden and vehicles permitted to carry three passengers (excluding driver) either for hire or reward or not 7 [,motor cars including jeeps (other than those owned by companies, Central Government Employees or Defence personnel and imported cars of the years 1985 and later models) and omni buses and private service vehicles having floor area not exceeding 8 [five square meters]]specified in the fourth proviso to sub-section (1) of section 3 in respect of which tax is already paid prior to the first day of April, 1997, the tax specified in the fourth proviso to sub-section (1) of section 3 shall be levied after the expiry of the period for which tax is paid under sub-section (1) and the tax shall be paid within one month from the date of expiry of thesaid period:]
9 [Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.] [Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.][Provided further that in case of Vintage car and Classic car specified in third proviso to sub-section (1) of Section 3, in respect of which tax is already paid prior to 1st day of April, 1991, the tax specified in the third proviso to sub-section (1) of Section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
1 [Explanation.--The tax for half-year shall be double the tax for a quarter and the tax for a year shall be four times the tax for a quarter.]
(2) In case of half-yearly and annual 1 [payments], 5 [or payments for the period of five years or ten years] such rebate in respect of the tax as may be prescribed shall be granted.
10 [(3) Notwithstanding anything contained in the preceding sub-sections, the 11 [tax levied under the provisos] to sub-section (1) of section 3, shall be paid in advance in a lumpsum by the registered owner or person having possession or control of the motor vehicle and the tax so paid shall be for the life time of the vehicle:
Provided that the motor cycle in respect of which the tax is already paid under sub-section (1) of section 3 prior to the first day of April, 1986, tax specified under the first proviso to sub-section (1) of section 3 shall be levied after the expiry of the period for which the tax paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
12 [Provided further that in the case of tractors, trailers and power tiller trailers specified in the second proviso to sub-section (1) of section 3, in respect of which the tax is already paid under that sub-section prior to the first day of April, 1990, the tax specified under the second proviso to subsection (1) of section 3 shall be levied after the expiry of the period for which the tax is paid under sub-section (1) and such tax shall be paid within one month from the date of expiry of the said period.]
13 [(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.] [(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.][(4) Whenever there is a revision of tax, the difference of tax for the month or part thereof shall be paid at the rate of 1/3rd of the quarterly tax, or 1/12th of the annual tax payable on or before the last date fixed under sub-section (1) for payment of tax for the next quarter, or the year as the case may be.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Substituted by Act 39 of 1981 w.e.f. 12.8.1981.
3. Inserted by Act 38 of 1976 w.e.f. 1.1.1977 & substituted by Act 8 of 1997 w.e.f. 1.4.1997.
4. Inserted by Act 7 of 1979 w.e.f. 22.2.1979 & omitted by Act 8 of 1997 w.e.f. 1.4.1997.
5. Inserted by Act 8 of 1983 w.e.f. 1.4.1983.
6. Inserted by Act 7 of 1995 w.e.f. 1.4.1995 & substituted by Act 8 of 1997 w.e.f. 1.4.1997.
7. Substituted by Act 13 of 1997 w.e.f. 1.4.1997.
8. Substituted by Act 6 of 2000 w.e.f. 1.4.2000.
9. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
10. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
11. Substituted by Act 12 of 1990 w.e.f. 1.4.1990.
12. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
13. Inserted by Act 7 of 1992 w.e.f. 1.4.1992.
Section 4A - Rounding off of tax, etc
1[4A. Rounding off of tax, etc
The amount of tax (including tax payable in advance), penalty or any other amount payable and the amount of refund due, under this Act shall be rounded off to the nearest rupee and for this purpose, where such amount contains, a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored.]
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1. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 4A - Rounding off of tax, etc
1[4A. Rounding off of tax, etc
The amount of tax (including tax payable in advance), penalty or any other amount payable and the amount of refund due, under this Act shall be rounded off to the nearest rupee and for this purpose, where such amount contains, a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored.]
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1. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 5 - Issue of taxation card
1[5. Issue of taxation card
(1) When the tax levied under section 3 in respect of a motor vehicle is paid, the taxation authority shall issue to the person paying the tax,--
(a) a receipt in the prescribed form indicating therein the amount oftax paid; and
(b) a taxation card in the prescribed form indicating therein the rate atwhich the tax is leviable and the period for which the tax has been paid:
Provided that where a taxation card has already been issued in respect of a motor vehicle, the taxation authority shall, on payment of tax as aforesaid, cause to be made in the taxation card an entry of such payment and the period to which it relates.
(2) No motor vehicle liable to tax under section 3, shall be held in thecustody of any person unless the registered owner or person having possession or control of such vehicle has obtained a taxation card under sub-section (1) in respect of that vehicle.
(3) No motor vehicle liable to tax under section 3 shall be used on anyroad or in a public place unless a valid taxation card obtained under subsection (1) is carried in the vehicle.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 5 - Issue of taxation card
1[5. Issue of taxation card
(1) When the tax levied under section 3 in respect of a motor vehicle is paid, the taxation authority shall issue to the person paying the tax,--
(a) a receipt in the prescribed form indicating therein the amount oftax paid; and
(b) a taxation card in the prescribed form indicating therein the rate atwhich the tax is leviable and the period for which the tax has been paid:
Provided that where a taxation card has already been issued in respect of a motor vehicle, the taxation authority shall, on payment of tax as aforesaid, cause to be made in the taxation card an entry of such payment and the period to which it relates.
(2) No motor vehicle liable to tax under section 3, shall be held in thecustody of any person unless the registered owner or person having possession or control of such vehicle has obtained a taxation card under sub-section (1) in respect of that vehicle.
(3) No motor vehicle liable to tax under section 3 shall be used on anyroad or in a public place unless a valid taxation card obtained under subsection (1) is carried in the vehicle.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 6 - Declaration by owner or person having possession of a vehicle
(1) Every registered owner of, or person who has possession or control of, a motor vehicle liable to tax under this Act shall fill up and sign a declaration in the prescribed form, giving the prescribed particulars and shall deliver within the prescribed time the declaration to a1[taxation authority] and shall pay to the1[said authority] the tax which he is liable to pay in respect of such vehicle.
(2) When a motor vehicle liable to tax under this Act is altered so as torender the registered owner or person who is in possession or control of such vehicle liable to the payment of an additional tax under section 8, such registered owner or person, as the case may be, shall fill up and sign an additional declaration in the prescribed form showing the nature of the alteration made and containing the prescribed particulars, and shall deliver such additional declaration together with the1[taxation card] in respect of the motor vehicle to a1[taxation authority] and shall pay to the1[taxation authority] the additional tax payable under section 8. On receipt of such additional tax, the1[taxation authority] shall issue to such owner or person a fresh1[taxation card] in place of the1[original taxation card] and shall cause an entry about such payment to be made in the1[taxation card].
(3) Such owner or person shall, at the time of making payment of thetax under sub-section (1) or the additional tax under sub-section (2), produce before the1[taxation authority] a valid certificate of insurance in respect of the vehicle complying with the requirements of Chapter VIII of the Motor Vehicles Act, 1939.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 6 - Declaration by owner or person having possession of a vehicle
(1) Every registered owner of, or person who has possession or control of, a motor vehicle liable to tax under this Act shall fill up and sign a declaration in the prescribed form, giving the prescribed particulars and shall deliver within the prescribed time the declaration to a1[taxation authority] and shall pay to the1[said authority] the tax which he is liable to pay in respect of such vehicle.
(2) When a motor vehicle liable to tax under this Act is altered so as torender the registered owner or person who is in possession or control of such vehicle liable to the payment of an additional tax under section 8, such registered owner or person, as the case may be, shall fill up and sign an additional declaration in the prescribed form showing the nature of the alteration made and containing the prescribed particulars, and shall deliver such additional declaration together with the1[taxation card] in respect of the motor vehicle to a1[taxation authority] and shall pay to the1[taxation authority] the additional tax payable under section 8. On receipt of such additional tax, the1[taxation authority] shall issue to such owner or person a fresh1[taxation card] in place of the1[original taxation card] and shall cause an entry about such payment to be made in the1[taxation card].
(3) Such owner or person shall, at the time of making payment of thetax under sub-section (1) or the additional tax under sub-section (2), produce before the1[taxation authority] a valid certificate of insurance in respect of the vehicle complying with the requirements of Chapter VIII of the Motor Vehicles Act, 1939.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 7 - Refund of tax
(1) Where a tax on any motor vehicle has been paid for any period and it is proved to the satisfaction of the prescribed authority that the vehicle has not been used during the whole of that period, or a continuous part thereof, not being less than one calendar month, a refund shall be made of such portion of the tax and subject to such conditions as may be prescribed.
(2) When a motor vehicle in respect of which the tax has been paid isaltered in such manner as to cause it to become a vehicle in respect of which the tax is leviable at a lower rate, the person who has paid such tax shall be entitled on the production of a certificate signed by a registering authority stating that the vehicle had been so altered to a refund of a sum equal to the difference between the amount which would be refundable to him in accordance with the provisions of sub-section (1), on the surrender of the 1 [taxation card] and the amount of the tax leviable on such vehicle at the lower rate.
2 [(3) Notwithstanding anything contained in sub-sections (1) and (2), where tax has been paid under sub-section (3) of section 4, the registered owner who has paid such tax shall be entitled to a refund of tax at the rate specified in 3 [Part C, 4 [Part C1, Part C2 and Part C3] as the case may be] of the schedule in the case of,--
(i) removal of the vehicle to any other State on transfer of ownershipor change of address; or
(ii) cancellation of registration of vehicle on account of scrapping ofsuch vehicle due to accidents or other causes:
Provided that in the case of removal of vehicle outside the State of Karnataka on transfer of ownership or on change of address the refund of tax will be considered only after receipt of proof for having effected the transfer of ownership or change of address.
(4) Where a tax on any motor vehicle is paid in excess of the tax payable,the excess payment of tax so made may be adjusted towards any of the subsequent periods in respect of which the tax is due.]
5 [(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.] [(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.][(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.]
6 [Explanation.--For the purpose of this section tax includes surcharge and additional surcharge payable under sections 3A and 3B.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
3. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
4. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
5. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
6. Inserted by Act 28 of 1984 w.e.f. 5.5.1984.
Section 7 - Refund of tax
(1) Where a tax on any motor vehicle has been paid for any period and it is proved to the satisfaction of the prescribed authority that the vehicle has not been used during the whole of that period, or a continuous part thereof, not being less than one calendar month, a refund shall be made of such portion of the tax and subject to such conditions as may be prescribed.
(2) When a motor vehicle in respect of which the tax has been paid isaltered in such manner as to cause it to become a vehicle in respect of which the tax is leviable at a lower rate, the person who has paid such tax shall be entitled on the production of a certificate signed by a registering authority stating that the vehicle had been so altered to a refund of a sum equal to the difference between the amount which would be refundable to him in accordance with the provisions of sub-section (1), on the surrender of the 1 [taxation card] and the amount of the tax leviable on such vehicle at the lower rate.
2 [(3) Notwithstanding anything contained in sub-sections (1) and (2), where tax has been paid under sub-section (3) of section 4, the registered owner who has paid such tax shall be entitled to a refund of tax at the rate specified in 3 [Part C, 4 [Part C1, Part C2 and Part C3] as the case may be] of the schedule in the case of,--
(i) removal of the vehicle to any other State on transfer of ownershipor change of address; or
(ii) cancellation of registration of vehicle on account of scrapping ofsuch vehicle due to accidents or other causes:
Provided that in the case of removal of vehicle outside the State of Karnataka on transfer of ownership or on change of address the refund of tax will be considered only after receipt of proof for having effected the transfer of ownership or change of address.
(4) Where a tax on any motor vehicle is paid in excess of the tax payable,the excess payment of tax so made may be adjusted towards any of the subsequent periods in respect of which the tax is due.]
5 [(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.] [(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.][(5) Notwithstanding anything contained in this Act and the Rules made thereunder, no refund of tax shall be allowed in respect of vehicles classified as Vintage or Classic cars where the tax is paid for the life time of the vehicle as per sub-section (1) of Section 3 of the Act, either on removal of the vehicle to any other State on transfer of ownership or on change of address or on the cancellation of registration.]
6 [Explanation.--For the purpose of this section tax includes surcharge and additional surcharge payable under sections 3A and 3B.]
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Inserted by Act 8 of 1986 w.e.f. 1.4.1986.
3. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
4. Inserted by Act 12 of 1990 w.e.f. 1.4.1990.
5. Inserted by Act 10 of 1991 w.e.f. 1.4.1991.
6. Inserted by Act 28 of 1984 w.e.f. 5.5.1984.
Section 8 - Payment of additional tax
When any motor vehicle in respect of which a tax has been paid is altered or proposed to be used 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 registered owner or person who is in possession or control of such vehicle shall pay an additional tax of a sum which is equal to the difference between the tax already paid and the tax which is payable in respect of such vehicle for the period for which the higher rate of tax is payable in consequence of its being altered or so proposed to be used and the 1 [taxation authority] shall not grant a fresh 1 [taxation card] in respect of such vehicle so altered or proposed to be so used until such amount of tax has been paid.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 8 - Payment of additional tax
When any motor vehicle in respect of which a tax has been paid is altered or proposed to be used 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 registered owner or person who is in possession or control of such vehicle shall pay an additional tax of a sum which is equal to the difference between the tax already paid and the tax which is payable in respect of such vehicle for the period for which the higher rate of tax is payable in consequence of its being altered or so proposed to be used and the 1 [taxation authority] shall not grant a fresh 1 [taxation card] in respect of such vehicle so altered or proposed to be so used until such amount of tax has been paid.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 8A - Collection of tax escaping payment
1[8A. Collection of tax escaping payment
If at any time it is found that the amount of tax paid for any period in respect of any motor vehicle falls short of the tax payable under this Act, then, notwithstanding any incorrect entry or the absence of any entry in the certificate of registration relating to the motor vehicle regarding the tax payable in respect of such vehicle or the issue of a taxation card or an entry having been made in such taxation card regarding the payment of tax for such period, the taxation authority may, after notice to the registered owner or person having possession or control of the motor vehicle and giving him an opportunity of being heard recover the difference between the tax so paid and the tax payable by such owner or person.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
Section 8A - Collection of tax escaping payment
1[8A. Collection of tax escaping payment
If at any time it is found that the amount of tax paid for any period in respect of any motor vehicle falls short of the tax payable under this Act, then, notwithstanding any incorrect entry or the absence of any entry in the certificate of registration relating to the motor vehicle regarding the tax payable in respect of such vehicle or the issue of a taxation card or an entry having been made in such taxation card regarding the payment of tax for such period, the taxation authority may, after notice to the registered owner or person having possession or control of the motor vehicle and giving him an opportunity of being heard recover the difference between the tax so paid and the tax payable by such owner or person.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
Section 8B - Further Additional Tax for misuse of Motor Vehicle
1[8B. Further Additional Tax for misuse of Motor Vehicle
When any motor vehicle in respect of which tax has been paid is misused or used not in accordance with the purpose for which the vehicle is registered or the permit is granted or is used in such manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the registered owner or person who is in possession or control of such vehicle, shall for such misuse other than the one under sub-section (4) of section 3, pay a further additional tax of a sum which is equal to double the difference between the tax already paid and the tax which is payable in respect of such vehicle for the period for which the higher rate of tax is payable in consequence of its being misused or used not in accordance with the purpose for which the vehicle is registered or the permit is granted.]
_______________________________
1. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 8B - Further Additional Tax for misuse of Motor Vehicle
1[8B. Further Additional Tax for misuse of Motor Vehicle
When any motor vehicle in respect of which tax has been paid is misused or used not in accordance with the purpose for which the vehicle is registered or the permit is granted or is used in such manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the registered owner or person who is in possession or control of such vehicle, shall for such misuse other than the one under sub-section (4) of section 3, pay a further additional tax of a sum which is equal to double the difference between the tax already paid and the tax which is payable in respect of such vehicle for the period for which the higher rate of tax is payable in consequence of its being misused or used not in accordance with the purpose for which the vehicle is registered or the permit is granted.]
_______________________________
1. Inserted by Act 14 of 1989 w.e.f. 1.4.1989.
Section 9 - Liability to pay arrears of tax
(1) If the tax leviable in respect of any motor vehicle remains unpaid by any person liable for the payment thereof and such person before having paid the tax has transferred the ownership of such vehicle or has ceased 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 has possession or control of such vehicle shall be liable to pay the said tax to the1[taxation authority].
(2) Nothing contained in this section shall be deemed to affect the liabilityof the person, who has transferred the ownership or has ceased to be in possession or control of the vehicle, to pay the said tax.
_______________________________
1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 9 - Liability to pay arrears of tax
(1) If the tax leviable in respect of any motor vehicle remains unpaid by any person liable for the payment thereof and such person before having paid the tax has transferred the ownership of such vehicle or has ceased 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 has possession or control of such vehicle shall be liable to pay the said tax to the1[taxation authority].
(2) Nothing contained in this section shall be deemed to affect the liabilityof the person, who has transferred the ownership or has ceased to be in possession or control of the vehicle, to pay the said tax.
_______________________________
1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 10 - Levy of tax, etc., in the case of fleet owner
1 [Notwithstanding anything contained in sections 3, 6 and 7 a tax shall be levied 2 [on the gross revenue from fares and freights of Public Service Vehicles owned by a fleet owner at the rates of,-
(i) 3 [three per centum] in respect of public service vehicles operating within the limits of a city and within the radius of twenty five kilometers from the limits of the city as defined in clause (4) of section 2 of the Karnataka Municipal Corporations Act, 1976, (Karnataka Act 14 of 1976); and
(ii) 3 [six percentum] in other cases.]]
(a) In order to determine the amount of tax payable by a fleetowner in any year, before the commencement of such year, the fleet owner shall first make and deliver to the 4 [taxation authority] a preliminary declaration in the prescribed form1 [estimated gross revenue from fares and freights] in respect of the transport vehicles liable to tax under this Act kept by him 4 [on the last day of January] of the year immediately preceding the year for which such declaration is made. Such declaration shall be accompanied by a certificate of final assessment of tax, if any, issued by the 4 [taxation authority] for such previous year and such other documents as may be prescribed.
1 [(b) As soon as may be after receipt of such preliminary declaration, the taxation authority shall, on the basis of such declaration determine the amount of tax to be paid provisionally by such fleet owner at 3 [three percentum or six percentum as the case may be] of the estimated revenue by way of fares and freights declared for the said year under clause (a) of this section and communicate the same to the fleet owner by issuing a certificate of provisional assessment of tax for the year in such form as may be prescribed.]
4 [(c) The amount of tax provisionally determined under clause (b) shall be paid by the fleet owner within such period from the date of receipt of the certificate of provisional assessment and in such number of instalments not exceeding twelve as the taxation authority may specify.]
(d) 4 [The fleet owner shall, after the close of the year] fill up and sign a final declaration in the prescribed form 1 [along with a certified copy of the audited accounts of the fares and freights collected during that year] in respect of the transport vehicles liable to tax under this Act kept by him 4 [during that year] and shall deliver within the prescribed time the final declaration so filled in and signed to the 4 [taxation authority]. Such declaration shall be accompanied by the certificate of provisional assessment of tax issued by the 4 [taxation authority] for the year and such other documents as may be prescribed.
5 [(e) On receipt of such final declaration in the prescribed form along with a certified copy of the audited accounts of fares and freights collected during that year and such other particulars as may be deemed necessary, the Taxation Authority shall finally determine the amount of tax leviable at the rate specified under this section on public service vehicle of such fleet owner and by issuing a certificate of final assessment of tax for the year in such form, as may be prescribed.]
(f) When the amount of tax is finally determined under clause (e) taking into consideration the amount paid by the fleet owner under clause (c), the difference that may be due shall be paid by, or refunded to, the fleet owner in such manner and within such time as may be prescribed:
6 [Proviso x x x]
7 [Provided that the fleet owner shall be entitled to a proportionate reduction in the amount of tax finally determined, in respect of any motor vehicle which is certified by the Commissioner of Transport as not used for a period of one calender month or more subject to the condition that the fleet owner has intimated the fact of non-user of the motor vehicle to the Commissioner for Transport within seven days of the date of commencement of the period of non-user.]
(g) Within thirty days of the transfer of ownership of any of histransport vehicles, the fleet owner shall report the transfer to the 4 [taxation authority].
(h) The 4 [taxation authority] may, for the purposes of this section, require the fleet owner to produce before him any transport vehicle or any accounts, registers, records, or other documents or to furnish any information or may examine the vehicles or the accounts, registers, records or other documents and the fleet owner shall comply with any such requirement made of him.
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1. Substituted by Act 8 of 1986 w.e.f. 1.4.1986.
2. Substituted by Act 8 of 1997 w.e.f. 1.4.1997.
3. Substituted by Act 5 of 1999 w.e.f. 1.4.1999.
4. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
5. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
6. Omitted by Act 38 of 1976 w.e.f. 1.1.1977.
7. Inserted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 10 - Levy of tax, etc., in the case of fleet owner
1 [Notwithstanding anything contained in sections 3, 6 and 7 a tax shall be levied 2 [on the gross revenue from fares and freights of Public Service Vehicles owned by a fleet owner at the rates of,-
(i) 3 [three per centum] in respect of public service vehicles operating within the limits of a city and within the radius of twenty five kilometers from the limits of the city as defined in clause (4) of section 2 of the Karnataka Municipal Corporations Act, 1976, (Karnataka Act 14 of 1976); and
(ii) 3 [six percentum] in other cases.]]
(a) In order to determine the amount of tax payable by a fleetowner in any year, before the commencement of such year, the fleet owner shall first make and deliver to the 4 [taxation authority] a preliminary declaration in the prescribed form1 [estimated gross revenue from fares and freights] in respect of the transport vehicles liable to tax under this Act kept by him 4 [on the last day of January] of the year immediately preceding the year for which such declaration is made. Such declaration shall be accompanied by a certificate of final assessment of tax, if any, issued by the 4 [taxation authority] for such previous year and such other documents as may be prescribed.
1 [(b) As soon as may be after receipt of such preliminary declaration, the taxation authority shall, on the basis of such declaration determine the amount of tax to be paid provisionally by such fleet owner at 3 [three percentum or six percentum as the case may be] of the estimated revenue by way of fares and freights declared for the said year under clause (a) of this section and communicate the same to the fleet owner by issuing a certificate of provisional assessment of tax for the year in such form as may be prescribed.]
4 [(c) The amount of tax provisionally determined under clause (b) shall be paid by the fleet owner within such period from the date of receipt of the certificate of provisional assessment and in such number of instalments not exceeding twelve as the taxation authority may specify.]
(d) 4 [The fleet owner shall, after the close of the year] fill up and sign a final declaration in the prescribed form 1 [along with a certified copy of the audited accounts of the fares and freights collected during that year] in respect of the transport vehicles liable to tax under this Act kept by him 4 [during that year] and shall deliver within the prescribed time the final declaration so filled in and signed to the 4 [taxation authority]. Such declaration shall be accompanied by the certificate of provisional assessment of tax issued by the 4 [taxation authority] for the year and such other documents as may be prescribed.
5 [(e) On receipt of such final declaration in the prescribed form along with a certified copy of the audited accounts of fares and freights collected during that year and such other particulars as may be deemed necessary, the Taxation Authority shall finally determine the amount of tax leviable at the rate specified under this section on public service vehicle of such fleet owner and by issuing a certificate of final assessment of tax for the year in such form, as may be prescribed.]
(f) When the amount of tax is finally determined under clause (e) taking into consideration the amount paid by the fleet owner under clause (c), the difference that may be due shall be paid by, or refunded to, the fleet owner in such manner and within such time as may be prescribed:
6 [Proviso x x x]
7 [Provided that the fleet owner shall be entitled to a proportionate reduction in the amount of tax finally determined, in respect of any motor vehicle which is certified by the Commissioner of Transport as not used for a period of one calender month or more subject to the condition that the fleet owner has intimated the fact of non-user of the motor vehicle to the Commissioner for Transport within seven days of the date of commencement of the period of non-user.]
(g) Within thirty days of the transfer of ownership of any of histransport vehicles, the fleet owner shall report the transfer to the 4 [taxation authority].
(h) The 4 [taxation authority] may, for the purposes of this section, require the fleet owner to produce before him any transport vehicle or any accounts, registers, records, or other documents or to furnish any information or may examine the vehicles or the accounts, registers, records or other documents and the fleet owner shall comply with any such requirement made of him.
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1. Substituted by Act 8 of 1986 w.e.f. 1.4.1986.
2. Substituted by Act 8 of 1997 w.e.f. 1.4.1997.
3. Substituted by Act 5 of 1999 w.e.f. 1.4.1999.
4. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
5. Substituted by Act 7 of 1995 w.e.f. 1.4.1995.
6. Omitted by Act 38 of 1976 w.e.f. 1.1.1977.
7. Inserted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 10A - Tax free taxation card
1[10A. Tax free taxation card
Notwithstanding anything contained in the preceding sections, a motor vehicle exempted from tax2[x x x] under section 16, shall carry in the vehicle a tax free taxation card, obtained from a taxation authority on payment of the prescribed fee.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Omitted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 10A - Tax free taxation card
1[10A. Tax free taxation card
Notwithstanding anything contained in the preceding sections, a motor vehicle exempted from tax2[x x x] under section 16, shall carry in the vehicle a tax free taxation card, obtained from a taxation authority on payment of the prescribed fee.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Omitted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 11 - Power of an officer of Police or the Motor Vehicles Departmentto stop a motor vehicle
Any Police Officer or officer of the Motor Vehicles Department, in uniform, not below such rank as may be prescribed by the State Government in this behalf, may require the driver of any motor vehicle in any public place to stop such vehicle and cause it to remain stationary so long as may reasonably be necessary for the purpose of satisfying himself that the amount of the tax due in accordance with the provisions of this Act in respect of such vehicle has been paid.
Section 11A - Power to 2[seize, detain and sell] vehicles
1[11A. Power to2[seize, detain and sell] vehicles
3[(1)] Without prejudice to the provisions of sections 13 and 14, where any tax due in respect of any motor vehicle has not been paid within the period specified in section 4, such officer,--
(i) of the Motor Vehicles Department not below the rank of an Inspector of Motor Vehicles; or
(ii) of the Police Department not below the rank of an Inspector of Police,
as the State Government may empower in this behalf, may, subject to such rules as may be prescribed, seize and detain such vehicle and for this purpose, take or cause to be taken all steps for the safe custody of the vehicle, until the tax due in respect of the vehicle is paid.]
4[(2) If the tax due in respect of the vehicle seized and detained under sub-section (1), is not paid within thirty days from the date of such seizure and detention, the officer empowered by the State Government may, after giving a notice in writing to the registered owner and the person who had the possession or control of the vehicle immediately before such seizure and detention, and considering their objections, if any, recover the tax due by sale of such vehicle in the manner prescribed:
Provided that the vehicle shall not be sold if the tax due is paid at any time before sale.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Substituted by Act 32 of 1987 w.e.f. 13.11.1987.
3. Re-numbered by Act 32 of 1987 w.e.f. 13.11.1987.
4. Inserted by Act 32 of 1987 w.e.f. 13.11.1987.
Section 11A - Power to 2[seize, detain and sell] vehicles
1[11A. Power to2[seize, detain and sell] vehicles
3[(1)] Without prejudice to the provisions of sections 13 and 14, where any tax due in respect of any motor vehicle has not been paid within the period specified in section 4, such officer,--
(i) of the Motor Vehicles Department not below the rank of an Inspector of Motor Vehicles; or
(ii) of the Police Department not below the rank of an Inspector of Police,
as the State Government may empower in this behalf, may, subject to such rules as may be prescribed, seize and detain such vehicle and for this purpose, take or cause to be taken all steps for the safe custody of the vehicle, until the tax due in respect of the vehicle is paid.]
4[(2) If the tax due in respect of the vehicle seized and detained under sub-section (1), is not paid within thirty days from the date of such seizure and detention, the officer empowered by the State Government may, after giving a notice in writing to the registered owner and the person who had the possession or control of the vehicle immediately before such seizure and detention, and considering their objections, if any, recover the tax due by sale of such vehicle in the manner prescribed:
Provided that the vehicle shall not be sold if the tax due is paid at any time before sale.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.1.1977.
2. Substituted by Act 32 of 1987 w.e.f. 13.11.1987.
3. Re-numbered by Act 32 of 1987 w.e.f. 13.11.1987.
4. Inserted by Act 32 of 1987 w.e.f. 13.11.1987.
Section 12 - Penalties
(1) Whoever,--
(a) as a registered owner or otherwise has possession or control of any motor vehicle liable to tax under this Act without having paid the amount of the tax or additional tax due in accordance with the provisions of this Act in respect of such vehicle; or
(b) delivers a declaration or additional declaration wherein the particulars required by or under this Act to be therein set forth are not fully and truly stated;
shall, on conviction, be punishable with fine which shall not be less than a sum equal to the quarterly tax payable in respect of such vehicle and which may extend to a sum equal to the annual tax payable in respect of such vehicle; and in the event of such person having been previously convicted of an offence under this section with fine which shall not be less than a sum equal to the tax payable in respect of such vehicle for two quarters and which may extend to a sum equal to twice the annual tax payable in respect of such vehicle; and the amount of any tax due shall be recoverable as if it were a fine.
1[(2) x x x]
(3) Whoever,--
(a) contravenes the provisions of sub-section (3) of section 5; or
(b) fails to stop a motor vehicle when required to do so by any officer under section 11,
shall on conviction be punishable with fine which may extend to fifty rupees.
(4) Whoever contravenes any of the provisions of this Act other than those punishable under sub-sections (1) and (3) shall, on conviction, be punishable with fine which may extend to one hundred rupees.
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1. Omitted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 12 - Penalties
(1) Whoever,--
(a) as a registered owner or otherwise has possession or control of any motor vehicle liable to tax under this Act without having paid the amount of the tax or additional tax due in accordance with the provisions of this Act in respect of such vehicle; or
(b) delivers a declaration or additional declaration wherein the particulars required by or under this Act to be therein set forth are not fully and truly stated;
shall, on conviction, be punishable with fine which shall not be less than a sum equal to the quarterly tax payable in respect of such vehicle and which may extend to a sum equal to the annual tax payable in respect of such vehicle; and in the event of such person having been previously convicted of an offence under this section with fine which shall not be less than a sum equal to the tax payable in respect of such vehicle for two quarters and which may extend to a sum equal to twice the annual tax payable in respect of such vehicle; and the amount of any tax due shall be recoverable as if it were a fine.
1[(2) x x x]
(3) Whoever,--
(a) contravenes the provisions of sub-section (3) of section 5; or
(b) fails to stop a motor vehicle when required to do so by any officer under section 11,
shall on conviction be punishable with fine which may extend to fifty rupees.
(4) Whoever contravenes any of the provisions of this Act other than those punishable under sub-sections (1) and (3) shall, on conviction, be punishable with fine which may extend to one hundred rupees.
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1. Omitted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 12A - Trial of offences
1[12A. Trial of offences
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try an offence punishable under this Act or any rule made thereunder.
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1. Sections 12A & 12B inserted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 12A - Trial of offences
1[12A. Trial of offences
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try an offence punishable under this Act or any rule made thereunder.
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1. Sections 12A & 12B inserted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 12B - Composition of offences
The prescribed officer may accept, in the prescribed manner, from any person who has committed or is reasonably suspected of having committed an offence punishable under sub-sections (1) and (3) of section 12 such sum of money as may be prescribed, by wayof composition of the offence which such person has committed or is reasonably suspected of having committed and on the payment of such sum of money to the prescribed officer such person, if in custody, shall be set at liberty and no further proceedings shall be taken against such person with reference to the same act.]1
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1. Sections 12A & 12B inserted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 12B - Composition of offences
The prescribed officer may accept, in the prescribed manner, from any person who has committed or is reasonably suspected of having committed an offence punishable under sub-sections (1) and (3) of section 12 such sum of money as may be prescribed, by wayof composition of the offence which such person has committed or is reasonably suspected of having committed and on the payment of such sum of money to the prescribed officer such person, if in custody, shall be set at liberty and no further proceedings shall be taken against such person with reference to the same act.]1
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1. Sections 12A & 12B inserted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 13 - Tax leviable as arrear of land revenue
Any tax due under this Act shall be leviable as an arrear of land revenue. The motor vehicle in respect of which the tax is due or its accessories may be distrained or sold, whether or not such vehicle or accessories are in the possession or control of the person liable to pay the tax.
Section 14 - Transport vehicle permit to be ineffective if tax not paid
Notwithstanding the provisions of the Motor Vehicles Act, 1939 (Central Act IV of 1939), if the tax or the instalment due in respect of a transport vehicle is not paid within the prescribed period the validity of the permit for the vehicle shall become ineffective from the date of expiry of the said period until such time as the tax is actually paid.
Section 15 - Appeals
Any person, who is aggrieved by any order of a1[taxation authority] made under this Act, may within the prescribed time and in the prescribed manner, appeal to the prescribed authority.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 15 - Appeals
Any person, who is aggrieved by any order of a1[taxation authority] made under this Act, may within the prescribed time and in the prescribed manner, appeal to the prescribed authority.
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1. Substituted by Act 38 of 1976 w.e.f. 1.1.1977.
Section 15A - Revision
1[15A. Revision
The Commissioner for Transport may2[x x x] call for and examine the records of any proceedings under this Act of any authority subordinate to him for the purpose of satisfying himself as to the correctness, legality, or propriety of such proceedings and may either annul, reverse, modify or confirm such order or pass such order as he may deem fit:
Provided that no order shall be annulled, reversed or modified except after giving a reasonable opportunity of being heard to the person affected by that order.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
2. Omitted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 15A - Revision
1[15A. Revision
The Commissioner for Transport may2[x x x] call for and examine the records of any proceedings under this Act of any authority subordinate to him for the purpose of satisfying himself as to the correctness, legality, or propriety of such proceedings and may either annul, reverse, modify or confirm such order or pass such order as he may deem fit:
Provided that no order shall be annulled, reversed or modified except after giving a reasonable opportunity of being heard to the person affected by that order.]
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1. Inserted by Act 38 of 1976 w.e.f. 1.7.1976.
2. Omitted by Act 39 of 1981 w.e.f. 12.8.1981.
Section 16 - Exemption from or reduction of tax
(1) The State Government, if in its opinion it is necessary in public interest so to do, may by notification1[and subject to such restrictions and conditions as may be specified in the notification],--
2[(a) exempt or reduce whether prospectively or retrospectively the tax payable in respect of,--
(i) any class of motor vehicles, or
(ii) motor vehicles not used on roads;]
(b) reduce the rate of tax payable in respect of any class of motor vehicles plying on any route or routes specified in the notifications.
(2) Every notification under sub-section (1) shall be laid as soon as maybe after it is issued, before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be.
3[(3) x x x]
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1. Inserted by 29 of 1958 w.e.f. 1.1.1958.
2. Substituted by Act 29 of 1958 w.e.f. 1.1.1958.
3. Omitted by Act 8 of 1987 w.e.f. 1.4.1987.
Section 16 - Exemption from or reduction of tax
(1) The State Government, if in its opinion it is necessary in public interest so to do, may by notification1[and subject to such restrictions and conditions as may be specified in the notification],--
2[(a) exempt or reduce whether prospectively or retrospectively the tax payable in respect of,--
(i) any class of motor vehicles, or
(ii) motor vehicles not used on roads;]
(b) reduce the rate of tax payable in respect of any class of motor vehicles plying on any route or routes specified in the notifications.
(2) Every notification under sub-section (1) shall be laid as soon as maybe after it is issued, before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be.
3[(3) x x x]
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1. Inserted by 29 of 1958 w.e.f. 1.1.1958.
2. Substituted by Act 29 of 1958 w.e.f. 1.1.1958.
3. Omitted by Act 8 of 1987 w.e.f. 1.4.1987.
Section 16A - Composition of tax
1[16A. Composition of tax
(1) Notwithstanding anything contained in section 3, any person liable to pay tax on any motor vehicle under this Act, may at his option, instead of paying tax under the said section, pay such tax by way of composite amount, in respect of such class or classes of motor vehicles, as may be specified by the State Government, by notification, from time to time, subject to such conditions or restrictions as may be specified therein.
(2) Every notification issued under sub-section (1) shall be laid before each House of the State Legislature in the manner specified in sub-section (2) of section 16.]
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1. Inserted by Act 20 of 1994 w.e.f. 1.4.1994.
Section 16A - Composition of tax
1[16A. Composition of tax
(1) Notwithstanding anything contained in section 3, any person liable to pay tax on any motor vehicle under this Act, may at his option, instead of paying tax under the said section, pay such tax by way of composite amount, in respect of such class or classes of motor vehicles, as may be specified by the State Government, by notification, from time to time, subject to such conditions or restrictions as may be specified therein.
(2) Every notification issued under sub-section (1) shall be laid before each House of the State Legislature in the manner specified in sub-section (2) of section 16.]
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1. Inserted by Act 20 of 1994 w.e.f. 1.4.1994.