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No. 40
Poudouchéry
Vendredi
7
Août
2020
No.
Puducherry
Friday
7th
August
2020
(16 Sravana 1942)
Registered No.
PY/44/2018-20
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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
————