[ 361 ]
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE ASSEMBLY
No. 104/LA/Budget Session-July2020/Bills.
Puducherry, the 22nd July 2020.
Under rule 140 of Rules of Procedure and Conduct of Business
of the Puducherry Legislative Assembly, the following Bills viz.,
(i) The Puducherry Motor Vehicles Taxation (Amendment) Bill, 2020
(Bill No. 7 of 2020).
(ii) The Societies Registration (Puducherry) Amendment Bill, 2020
(Bill No. 8 of 2020).
which were introduced in the Legislative Assembly on 22nd July, 2020,
are published for general information.
Registered with the Registrar
of Newspapers for India under
No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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No. 35
Poudouchéry
Mercredi
22
Juillet
2020
No.
Puducherry
Wednesday
22nd
July
2020
(31 Asadha 1942)
Registered No.
PY/44/2018-20
WPP No. TN/PMG(CCR)/
WPP-88/2018-20
Dated : 22-7-2020
Price : ` 4-00
362
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY MOTOR VEHICLES
TAXATION (AMENDMENT) BILL, 2020
(Bill No. 7 of 2020)
A
BILL
further to amend the Puducherry Motor Vehicles Taxation
Act, 1967.
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-first Year of the Republic of
India as follows:—
1. (1) This Act may be called the Puducherry Motor
Vehicles Taxation (Amendment) Act, 2020.
(2) It shall come into force on and from the
date of its publication in the Official Gazette.
2. In the Puducherry Motor Vehicles Taxation Act,
1967, for the existing section 11, the following shall be
substituted, namely,—
“11. Recovery of tax, compounding fee and
other dues payable to the Transport Department by
auctioning the detained vehicles lying unclaimed:
(1) Any due under this Act or any compounding
amount or any other amount payable to the
Transport Department by any vehicle owner shall
be recovered in the same manner as an arrear of
land revenue under the law for the time being in
force for the recovery of land revenue.
(2) The motor vehicle in respect of which the
tax or any compounding amount or any other
amount payable to the Transport Department,
the said motor vehicle or its accessories may be
distrained and sold in pursuance of this section,
whether or not such motor vehicle or its
accessories are in the possession or control of
the person liable to pay the tax or compounding
amount or any other amount payable to the
Transport Department.
Short title and
commencement.
Act No.
5 of
1967.
Amendment
of section 11.
363
PART–II]
LA GAZETTE DE L'ETAT
(3) The Transport Commissioner or any other
officer empowered by him in this behalf, shall
furnish to the person employed to distrain the
motor vehicle of a defaulter (hereinafter called
the distrainer) as stated in sub-section (1) of
this section, a demand in writing, duly signed
by him, specifying the name of the defaulter,
the amount of arrear/due for which the distress
is to be issued and the date on which the arrear/
amount payable fell due.
(4) The distrainer shall issue a demand to
the defaulter through post or mail or by any
other relevant mode of communication to the
last available address of the defaulter/registered
owner of the motor vehicle, by granting 15 days
time to settle the dues.
(5) In case, if, the defaulter/registered owner
is absent or not available or not resides in the
last available address and his/her present residential
address is not known, the demand shall be
published in the leading newspaper by granting
15 days time to settle the tax/arrears/dues/amount
payable to the Transport Department.
(6) Where the amount due is not paid in
accordance with the terms of the demand issued
as per sub-sections (3) and (4) of this section
and within the time-limit prescribed, and no
arrangement for securing such amount has been
entered into, to the satisfaction of the Transport
Commissioner or the distrainer, who shall transmit
an inventory of the property distrained, for
auctioning, as may be deemed fit, so that it may
be publicly sold and the proceeds of the auction
shall go for the discharge of tax/arrears/dues/
amount payable to the Transport Department,
with the cost of distraint, if any.
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LA GAZETTE DE L'ETAT
[PART–II
(7) Distress to be withdrawn, prior to the
sale, if, the defaulter/registered owner tenders
payment or come forward to discharge the tax/
arrears/dues/amount payable to the Transport
Department, alongwith all other necessary
expenses attending the distress, after his/her
motor vehicle/property has been distrained, but,
prior to the date of sale, the distrainer shall
receive the amount so tendered and shall release
the property, forthwith.
(8) The distress levied shall not be excessive,
that is to say, the property distrained shall be
as nearly as possible proportionate to the tax/
arrears/dues/amount payable to the Transport
Department.
(9) In case, the proceeds of auction is more
than the dues accrued against the vehicle, excess
amount shall stand forfeited to the public revenue,
unless a claim to that effect is made in writing
to the Transport Commissioner by the registered
owner within 15 days of conduct of auction.
If, the claim is found to be in order, the excess
amount, after deducting the cost of auction
process, shall be payable to the registered owner
within 15 days of the filing of claim.
(10) If, the amount realized is less, any dues
to the Transport Department, then the excess
amount to be payable shall be recovered from
the defaulter by auctioning other properties of
registered owner as arrear of land revenue, the
defaulter is known.”
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PART–II]
LA GAZETTE DE L'ETAT
STATEMENT OF OBJECTS AND REASONS
Transport Department is conducting regular enforcement
drives to ensure the provisions of the Motor Vehicles Act, 1988
and the rules made thereunder and for road safety. During the
drives, the defaulted vehicles are being seized by the Motor
Vehicle Inspectors after issuing challans/check reports stating
the reasons in writing for such seizure. These vehicles are
being released from the custody, if, the owners pay the compounding
fee as applicable. Some of the owners of such seized vehicles
are not turned up to claim their vehicles for various reasons.
Such unclaimed vehicles are being kept in the premises of the
Transport Department for longer periods, occupying the valuable
space, causing inconvenience to the general public. Further, at
present, there is no provision to recover the compounding fees,
penalties and other dues payable to the Transport Department
other than the tax. Hence, in order to recover all the possible
dues, apart from tax i.e., compounding fee, penalties or any
other dues payable to the Transport Department and to dispose
off the unclaimed motor vehicles from the valuable space occupied
by such vehicles, which may be used for other useful purposes
and to make it convenient to the general public visiting the
Transport Department for various services, it is proposed to
amend section 11 of the Puducherry Motor Vehicles Taxation
Act, 1967, accordingly.
2. For the above purpose, it is proposed to introduce a
Bill titled as “The Puducherry Motor Vehicles Taxation (Amendment)
Bill, 2020”.
3. The Bill seeks to achieve the above object.
M.O.H.F. SHAHJAHAN
Transport Minister.
————
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LA GAZETTE DE L'ETAT
[PART–II
FINANCIAL MEMORANDUM
The proposed amendment in section 11 of the Puducherry
Motor Vehicles Taxation Act, 1967 providing for recovery of
tax, compounding fee, penalties and other dues, payable to the
Transport Department, by auctioning the detained unclaimed
vehicles, in the Union Territory of Puducherry, is expected to
result in an appreciable quantum of revenue to the Government.
Further, the provisions of the Bill do not involve any other
expenditure.
————
ADMINISTRATOR’S RECOMMENDATION UNDER
SUB-SECTION (1) OF SECTION 23 OF THE GOVERNMENT
OF UNION TERRITORIES ACT, 1963
[Copy of the Letter No. 1412/TD/RTO(HQ)/PA/2018, dated 17-07-2020
from Thiru M.O.H.F. Shahjahan, Hon’ble Transport Minister
to the Hon’ble Speaker, Legislative Assembly, Puducherry]
The Lieutenant-Governor, Puducherry, having been informed
of the subject matter of the proposed Puducherry Motor Vehicles
Taxation (Amendment), Bill, 2020, providing for recovery of
tax, compounding fee, penalties and other dues, payable to the
Transport Department, by auctioning the detained unclaimed
vehicles, recommends under sub-section (1) of section 23 of
the Government of Union Territories Act, 1963, the introduction
in and consideration by the Legislative Assembly of the said
Bill.
————
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PART–II]
LA GAZETTE DE L'ETAT
THE SOCIETIES REGISTRATION
(PUDUCHERRY) AMENDMENT BILL, 2020
(Bill No. 8 of 2020)
A
BILL
further to amend the Societies Registration Act, 1860
in its application to the Union territory of
Puducherry.
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-first Year of the Republic
of India as follows:—
1. (1)
This Act may be called the Societies
Registration (Puducherry) Amendment Act, 2020.
(2) It shall come into force on such date as
the Government may, by notification in the Official
Gazette, appoint.
2. In the Societies Registration Act, 1860
(hereinafter referred to as the Principal Act), in section
3, for the existing words “fifty rupees”, the words
“five thousand” shall be substituted.
3. (i) In the Principal Act, in section 4A, in
sub-section (2), for the existing words “rupees three”,
the words “two hundred” shall be substituted.
(ii) In section 4A, in sub-section (7), for the
existing words “fifty rupees”, the words “one hundred
rupee and in case of a continuing failure with fine
which may extend to five rupees each day during
which the failure continues”, shall be substituted.
4. In the Principal Act, in section 12 B, sub-section
(3), for the existing words “rupee one”, the words “six
hundred”, shall be substituted.
5. In the Principal Act, in section 19, for the
existing words, “one rupee”, and “fifteen paise for
every hundred words”, the words “one hundred rupees”,
and “twenty five rupees per page”, respectively, shall
be substituted.
Short title and
commencement.
Amendment
of section 3.
Amendment
of section 19.
Amendment
of section 4A.
Amendment
of section 12.
Act No.
21 of
1860.
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LA GAZETTE DE L'ETAT
[PART–II
STATEMENT OF OBJECTS AND REASONS
The Office of the Registrar of Companies, Government of
India was set up in Puducherry for implementation of the
Companies Act, 2013. As per the existing procedure, based on
the decision taken during the year 1992 by the Finance Department,
Government of Puducherry, this administration has to bear 50%
of the expenditure incurred by the Office of the Registrar of
Companies, Puducherry. The Societies Registration Act, 1860 is
a Central Legislation and the same has been extended to this
Union territory of Puducherry under the Puducherry (Laws)
Regulation, 1963 with effect from the 1st day of October,
1963. Since the existing rate of user charges was fixed some
decades ago, the enhancement of fees for various services
being provided by the Registrar of Companies as proposed by
the Finance Department, Government of Puducherry, will pave
the way for generation of additional revenue to the Government's
Exchequer. This will strengthen the financial status resulting in
better maintenance of the establishment and better service to
the public in general.
2. For the above purpose, it is proposed to introduce a Bill
titled as “The Societies Registration (Puducherry) Amendment
Bill, 2020.
3. The Bill seeks to achieve the above object.
V. NARAYANASAMY,
Chief Minister.
————
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PART–II]
LA GAZETTE DE L'ETAT
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press
Printed at: Government Central Press, Puducherry.
Posted at: Puducherry HPO on every Tuesday
FINANCIAL MEMORANDUM
The proposed amendment to sections 3, 4A(2), 4A(7),
12B(3) and 19 of the Societies Registration Act, 1860 is expected
to generate additional revenue to the Government. Further, the
provisions of the Bill do not involve any other expenditure to
the exchequer.
————