[ 191 ]

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY SECRETARIAT

No. 1462/2012-LA(Legn).

Puducherry, the 23rd July 2012.

Under rule 140 of Rules of Procedure and Conduct of

Business of the Puducherry Legislative Assembly, the following Bill viz.,

The Puducherry Value Added Tax (Amendment) Bill, 2012

(Bill No. 3 of 2012),

which was introduced in the Legislative Assembly on July 23, 2012

is published for general information.

Registered with the Registrar

of Newspapers for India under

No. M. 8270

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Dated : 25-7-2012

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PART - II

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25 {

No. 29 Poudouchéry Mercredi

25

Juillet

2012

No.

Puducherry

Wednesday

25th

July

2012

(3 Sravana 1934)

LA GAZETTE DE L'ETAT

[PART–II

192

THE PUDUCHERRY VALUE ADDED TAX

(AMENDMENT) BILL, 2012

(Bill No. 3 of 2012)

A

BILL

further to amend the Puducherry Value Added

Tax Act, 2007

BE it enacted by the Legislative Assembly of

Puducherry in the Sixty-third Year of the Republic

of India as follows :—

1. (1) This Act may be called the Puducherry

Value Added Tax (Amendment) Act, 2012.

(2) It shall be deemed to have come into

force with effect from the 1st day of January 2012.

2. In the Puducherry Value Added Tax Act, 2007,—

(i) in the First Schedule,

(a) the entries against serial numbers

10A, 18A, 28B, 42A and 45A shall be omitted;

(b) in serial number 28-A, the entries

against sub-items (9), (11), (15) and (21)

shall be omitted;

(c) for serial number 39 and the entries

relating thereto, the following shall be substituted,

namely:—

“39 A. Meat, fish, prawn and other

aquatic products when not cured or frozen

and eggs;

39 B. Livestock other than live chicken

sold in Mahe region”.

(ii) in the Third Schedule,

(a) for the expression “Taxable at the

rate of four per cent.” wherever it occurs,

the expression taxable at the rate of five

per cent.” shall be substituted;

Short title

and

commencent.

Act

No.9

of 2007.

Amendment

of the

Schedules.

193

PART–II]

LA GAZETTE DE L'ETAT

(b) in Part-A,

(i) after serial number 48, the following

shall be inserted, namely:—

“48 A. Edible oil, vegetable oil, oil cake

and deoiled cake”;

(ii) after serial number 59 (A), the following

shall be inserted, namely:—

“59(B). Handicrafts”;

(iii) after serial number 81 and the entries

relating thereto, the following shall be inserted,

namely:—

“81 A. Live chicken sold in Mahe region”;

(iv) after serial number 82 and the entries

relating thereto, the following shall be inserted,

namely:-

“82 A. Masala Powder”.

(c) in the entries under serial number 68 of

Part-A, in the Appendix, for the portion

beginning with bracket and the words “(The

Industrial Inputs” and ending with the symbol,

figure and bracket “@ 4% )”, the following

shall be substituted, namely:—

“(The Industrial Inputs and packing

materials to be taxed @ 5%)”

(iii) in the Fourth Schedule, for the

expression “Taxable at the rate of twelve

and half per cent.” wherever it occurs,

the expression “Taxable at the rate of fourteen

and half per cent.” shall be substituted.

LA GAZETTE DE L'ETAT

[PART–II

194

STATEMENT OF OBJECTS AND REASONS

In pursuance of the consensus reached among the States

for increasing the lower rate of VAT from 4% to 5% in the

meeting of the Empowered Committee of the State Finance

Ministers, it becomes necessary to increase the rate of tax in

respect of the Third Schedule goods from 4% to 5%.

The Central Government has increased the rate of tax chargeable

to the declared goods from 4 % to 5 % through the Finance Act, 2011.

The rate of tax prevalent in respect of the Fourth Schedule

goods in the neighbouring States at the rate of 14.5% have

been taken into account and to augment the Government revenue,

the goods falling under the Fourth Schedule have to be charged

at higher rate from 12.5% to 14.5%. Further, the exemption

allowed in the case of certain Government Organisations and

Cooperative Societies have been removed. Certain goods hitherto

exempted have been proposed to be taxed. Thus, the rate of tax

have been fixed at 5% for edible oil, masala powder, handicrafts,

live chicken sold in Mahe region and at 14.5% in the case of

footwear.

2. For the above purpose, a notification was issued in

exercise of the powers conferred by sub-section (1) of section 75

of the Puducherry Value Added Tax Act, 2007 for amending

the Schedules. In order to replace the notification, a Bill titled

as the “Puducherry Value Added Tax (Amendment) Bill, 2012”

has been proposed to be enacted.

3. This Bill seeks to achieve the above objects.

N. RANGASAMY,

Chief Minister.

————

195

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LA GAZETTE DE L'ETAT

ADMINISTRATOR’S RECOMMENDATION UNDER

SUB-SECTION (1) OF SECTION 23 OF

THE GOVERNMENT OF UNION TERRITORIES ACT, 1963

(Copy of Letter No. l/CM/Secy./2012-13 dated 28-3-2012 from

the Hon’ble Chief Minister Thiru N. Rangasamy to the

Hon’ble Speaker, Legislative Assembly, Puducherry).

The Lieutenant-Governor, Puducherry having been informed

of the subject matter of the proposed Puducherry Value Added

Tax (Amendment) Bill, 2012 providing for the levy of Value

Added Tax in the Union Territory, recommends under sub-section (1)

of section 23 of the Government of Union Territories Act, 1963

(Central Act 20 of 1963), the introduction in and consideration

by the Legislative Assembly of the said Bill.

R. ANBAJAGANE,

Secretary,

Legislative Assembly Secretariat.

————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.