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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ ➢ 2020 } | 7 { No. 40 Poudouchéry Vendredi 7 Août 2020
No. Puducherry Friday 7th August 2020
(16 Sravana 1942)
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 121/Leg/2020-LD.
Puducherry, the 7th August 2020.
The following Act of the Legislative Assembly, Puducherry, received
the assent of the Lieutenant-Governor, Puducherry, on the 5th day of
August, 2020 and is hereby published for general information.
N. MURUGAVEL,
Under Secretary to Government (Law).
[ 399 ] 400 LA GAZETTE DE L'ETAT [PART–II
THE PUDUCHERRY MOTOR VEHICLES
TAXATION (AMENDMENT) ACT, 2020
(Act No. 7 of 2020)
(05-08-2020)
A N
AC T
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
Short title and commencement. Vehicles Taxation (Amendment) Act, 2020.
(2) It shall come into force on and from the
date of its publication in the Official Gazette.
Amendment of section 11.
Act No. 5 of 1967.
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.
401
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.
402 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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