REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 18] NEW DELHI, SATURDAY, FEBRUARY 1, 1969/MAGHA12,1890
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF HOME AFFAIRS
NOTIFICATIONS
New Delhi, the 1st February 1969
G.S.R. 253-—In exercise of the powers conferred by section 87 of the Punjab
Reorganisation Act, 1966 (31 of 1966), the Central Government hereby extends to
the Union territory of Chandigarh, the enactments specified In column (1) of the
Schedule hereto annexed, as at present In force In the State of Haryana, subject
to the modifications specified in the corresponding entries in column (2) of the
said Schedule.
THE SCHEDULE
Enactment
Modifications
(a)
(1)
I.
The Punjab Passengers and Goods
Taxation (Haryana Amendment)
Act, 1967 (Haryana Act No. 7 of
1. In section 2, for the words, figures, and
brackets "In section 6 of the Punjab Passen-
gers and Goods Taxation Act, 1952 (herein-
after referred to as the Principal Act)", the
words, figures and brackets "In section 6 of
the Punjab Passengers and Goods Taxation
(45)
64 THE GV/ETIE OF INDIA EXTRAORDINARY [ I ' M O M-( I)
Act, T952, as in force in ihe Union te riioiv of Chandigarh (herclnat'tei referred in a-, ihe principal Act)" shall be substituted.
2. In ' eciion 6, in sub-section (1) ofthe seciion wh'.ch is directed 10 be substituted for scctum 15 of the principal Act, for the wordi "&ta'c Government", the voids "Crnirjl Govern- ment" shall be subs muted.
r. In -,ection 2,—
2. The Punjab Plungers a id GiMdj Tgxation (Haryana Second AiuoiiJ-
m e i i t) A c t, 1 9 67 ( P r e s i d e n t ' •• AJ
No. ir of 19*7).
(aj lor the words, figure^ and brackets Clln section 3 of the Punjah Passengers and Goods Taxation Act, T952 (hereinafter referred to as the principal Act)", the woids, figures and brackets "In section 3 of the Punjab passengers and Goods Taxation Act, 1952, as in force in the Union territory of Chandigarh (heifin- al tci referred to as the principal Act)" shall b-1 substituted ; and
(b) in the sub-section which is dnetlcd, by clause (ii), to be subs'ituti-'d loi sub- section (3) ol seciion 3 oi the principal Act, ior the Explanation, ihe following Explanation shall be substituted, iiami'l) :—
"l-xplanatitm :—Fur Ihe purposes of this sub-section, "jojni route" meting a route which lici> partlv in die Union territory of Chandigarh and partly in jny pthei Union territorj ur State."
2. Section 1 ^hall be omitted.
ANNKXUHK I
THE PUNJAB PASSENGERS AND GOODS TAXATION (HARYANA AMEND- MENT) ACT, Iflfi7 AS EXTENDED TO THE UNION TERRITORY OF CHANDIGARH
HARYANA ACT NO. 7 OF 1967
An Act to amend the Punjab Passengers and Goods Taxation Act, 1952. Be it enacted by the Legislature of Ihe State of Haryana in Ihe Eighteenth
Year of the Kepublio ot India as follows : -
1. Short title.—This Art inav be called the Puninb Passengers and Goods Taxation (Haryann Amendment) Art. ]H67.
2. Amendm""iit of section (i of Punjah Act l(i of J952.—In sedion f, ol the Punjab Passengers and Goods Taxation Aa 1952, as in forre in the Union territory ot Chandigarh (hereinafter relerred to as the principal Act), sub-sections (2) and CO shall be omitted.
3. Amendment of section 13 of Punjab Act 16 of 1952.—In section 13 ot the principal Act, in sub-section (TO, for the words "for a prosecution", the words "lor the purpose of any proceedings under this Act" shall be substituted.
4. Substitution ol section 13A of Punjab Act 16 of 1952.—For section ISA of
the principal Act, the following section shall be substituted, namely •—
"13A. (1) The prescribed authority may, if he has reason to believe that Impounding the driver or conductor of a motor vehicle has contravened of Ucunce. any provision of this Art or the rules made thereunder or etc. an'v order or direction made or given thereunder, seize any
'•"'• Ml,iJ ' l l lh <."\/L I II- OF I M ) IV I M R A O K . L U . \ A R\ ^
ncencL' held by such driver or conductor, ot any otlier document relating U> the \chicle in their possession, which in the opinion ol the prescribed authuuly will In useful for, ur relevant to anv proeeedn^, under section I4A and forward the vunf to the Excise and Taxation Ollicer, concerned
(2) The prescubed authority seizing the licence 01 other document under sub- section (1) shall give to the person suiiundenng the same a temporary acknow- ocl"ment therefor and such acknowledgment shall have effect, until the licence or otlier document is returned to the driver 01 conductor, as the case may be, as ll the same had not been .--eized.'
5. Insertion Of new section 14A In Punjab Act IS or 1952. -After section 14 of ih<- principal Act, the following section shall be inserted namely :—
'M4A (1) Whoever contravenes, or Luis to < omply with any of provisions ol this Act or the rules mnde thereunder or any older oi Penalty. direction made or .given thereunder, shall. i£ no other penalty is provided under this Ait for such contravention or failure, be liable to imposition of a penalty not exceeding five hundred rupees. (2) An officer ot the rank ot Excise and Taxation Oiricei appointed under sub-section (1) of section 7 may, after affording to the person concerned a reasonable opportunity of bein# heard, impose th* penalty specified in sub-section ( IV
(i Amendment of section 15 of Punjab Act U of 1952.—For section 15 of the principal Act, the following section shall be substituted, namely :—
'MT (1) An appeal shall lie to the appellate authority appointed by the Central Government m Ihis behalt. against any original order Appeals. passed under this Act within sixty days of the passing of such order or within such further period as the appellate authority may, for sufficient cause, allow.
(2) Save as provided m section 1(1, an order passed by the appellate authority shall be final "
7 Omission of sections 17 and 18 of Punjab Act lfi of 1952—-Sections 17 and 13 til 11K piincipnl Act shall be omitted
ii Amendment of section 22 of Punjab Act 16 of 1952.—In section Tl ot the i-iincipal Act in sub-section (2), for clauses (d) find (1), the iollowin^ clauses shall respectivelv be substituted, namely .- —
"(d) proscribing the mannei and payment of tax and penalty assessed and imposed under this Act:
ff) prescribing the manner in which appeals under this Act may be preferred "
ANNEXUHK II
'JHF PUNJAB PASSENGERS AND GOODS TAXATION (HARYANA SECOND AMENDMENT) ACT, 19fi7 AS EXTENDED TO THE UNION TERRITORY OF CHANDIGARH No. 11 oi' 1067
Enacted by the President tn the Eighteenth Year of the Republic ot India \n Act further to amend the Punjab Passengers and Goods Taxation Act, 1952.
In exercise of the powers conferred by se< (ion ?, of the Haryana State "Legisla- ture (Delegation of Powers) Act. 19(i7 (HO ol I4(i7), the President is pleased to enact as follows : -
1. Short title.—This Act may be called the Puniab Passengers and Goods Taxation (Haryana Second Amendment) Act, 1967
2 Amendment of section 3—In section 3 of the Punjab Passengers and Goods Taxation Act, 1952 (Punjab Act 16 of 1952), as in force in the Union territory of Chandigarh (hereinafter referred to as the principal Act),—
(i) in subsection (I), for the word "one fourth", the words "thirty-five perceptum" shall be substituted;
4S THE GAZETTE OF 1NDJA EXTRAORDINARY [PARF 11-SFC 3(i)](h) for Mib-section (3), the following sub-section fchall be substituted, namely;—
"(is) Where passengers are carried or goods are transported by a motor vehicle operating on a joint route, the tax shall be payable In respect of the distance covered within the State at the rate laid down in sub-section (1) and shall be calculated on such amount as" bears the same proportion to the total fare or freight as the distance covered in the State bears to the total distance of the journey.
Explanation.—For the purposes of this sub-section, "joint route" means a route which lies partly in the Union territory of Chandigarh and partly In any other Union territory or State."-
J. lOmittedJ.
[No. F. 15/4/68-UTL-(i)-107-1
G.SJt. 264.—In pursuance of clause (1) of article 339 of the Constitution and all other powers enabling him in this behalf and in partial modification of the notification of the Government of India In the Ministry of Home Affairs No- S.O. 3894 dated the 30th October, 1968, in so far as It relates to the exercise of powers, and discharge of functions, under the Punjab Passengers and Goods Taxation Act, 1652 (Punjab Act No. 16 of 1952), as In force in the Union territory of Chandigarh, by the Administrator of that Union territory, the President hereby directs that the powers and functions exerclaable and dischargeable by the Central Government under the said Act shall, subject to the control of the President and until further orders, be alflo exercised and discharged by the said Administrator, in relation to the said Union territory-
[No. F. 15/4/68-UTL-(ii).]
K. R. PRABHU, Jt. Secy.