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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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No. 40

Poudouchéry

Vendredi

7

Août

2020

No.

Puducherry

Friday

7th

August

2020

(16 Sravana 1942)

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WPP No. TN/PMG(CCR)/

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[ 399 ]

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).

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

ACT

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.

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.”

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

————