Extra No. 397 ~ "l'!I1 Qtbe ClJujarat ClJobemment ClJa,ette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LVII! WEDNESDAY, MAY 25, 2016/JYAlSTHA 4, 1938 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV-B Rules and Orders (Other than those published in Parts I, I-A, and I-L) made by the Government of Gujarat under the Gujarat Acts PORTS AND TRANSPORT DEPARTMENT Notification Sachivalaya, Gandhinagar, 20th May, 2016 GUJARAT MOTORS VEHICLES TAX ACT, 1958.
No. PT/20161 39 IMVDIl020 15123941KH:- The following draft of a notification, which is proposed to be issued under the provisos to section 12B read with section 23 of the Gujarat Motor Vehicles Tax Act, 1958 (Bom.65 of 1958), is published as required by sub-section (I) of section 23 of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said draft of rules will be taken into consideration by the Government of Gujarat on or after the expiry of thirty days from the date of publication of this notification in the official Gazette.
2. Any objection or suggestion which may be received by the Principal Secretary (Transport), Ports and Transport Department, Sachivalaya, Gandhinagar from any person with respect to the said draft on or before the expiry of the aforesaid period will be considered by the Government.
DRAFI' NOTIFICATION GUJARA T MOTORS VEHICLES TAX ACT, 1958.
No. PT/20161 39 1MVD/102015123941KH:- In exercise of the powers conferred by the proviso to section 12B read with sub-section (1) of section 23 of the Gujarat Motor Vehicles Tax Act, 1958 (Bom. 65 of 1958), the Government of Gujarat hereby makes the following rules further to amend the Bombay Motor Vehicles Tax Rules, 1959, namely:-
1. These rules may be called the Bombay Motor Vehicle Tax (Gujarat Amendment) Rules,
2016.
2. In the Bombay Motor Vehicles Tax Rules, 1959, after rule 18 the following rule shall be inserted, namely- IV -B Ex.-397 397-1
PART IV-B] GUJARA T GOVERNMENT GAZETIE, EX., 25-05-2016 397-3
(c) Local officer/ recovery Deputy Mamlatdar/Circle Officer deputed for recovery of motor vehicles tax and in absence of such recovery officer or Local recovery officer/ Deputy Mamlatdar or Circle Officer, the local Deputy Mamlatdar or Mamlatdar of Collectorate or SDM office:
Provided that it is the discretion of the committee to take report of a vehicle from surveyor or valuer approved by the Government for determination of the upset price of the vehicle from the panel constituted by the Taxation Authority on the recommendation of the committee. The Taxation Authority may pay appropriate fees for such report:
Provided further that on the recommendation of the committee, the Taxation Authority may prepare a panel of minimum two vehicle surveyors or valuers approved by the Government at once by giving an advertisement in the local news paper inviting biodata and fees for them. The Committee shall select vehicle surveyor or valuer approved by the Government on competitive rate.
The panel name of the insurance company may also be considered as ready reference.
(9) The Taxation Authority shall publish the public notice through the Department of Information and Broadcasting into the news paper having large circulation for the public auction of the vehicle in accordance with upset price derived by the committee at where it as based i.e either the vehicle is in usable condition or in scrap condition. The following three stages shall be published in the public notice:
Stages Date and Time Observation of the actionable Within seven day from the date of publication of advertisement vehicle during the office hour at the time fixed by the Taxation Authority.
Submission of the bid in sealed up to 5.00 PM of eighth day from the date of publication of .
cover advertisement. If that day is public holiday notified by the State Government, than from the next working day.
Opening of bids Next day after the submission of bid at the time fixed by the taxation authority. If that day is public holiday notified by the State Government, than from the next working day.
Issuance of order of shell of Preferably within three days from the date of opening of bid.
vehicle to successful purchaser Payment of price (offered Within three days from the receipt of order of sell of vehicle by amount) auction to successful purchaser.
Explanation:- For the computation of time, date of publication of public notice of auction is included.
(10) Notwithstanding anything contained abOve, the Commissioner of Transport may issue instructions to the Taxation Authority or Taxation Authorities, for manner of conducting auction by any of using information technology, from time to time.
(11) The person who intends to take part in auction shall submit the offer alongwith self attested photo copy ofP AN card, address proof, ADHAR, Water ID in sealed cover in date and time specified in the public notice and demand draft of earnest money deposit. The earnest money deposit shall be the 10 percent of the upset price or Rs. 5,000/ whichever is more. The Sealed cover shalI be produced with the demand draft of non-refundable fee ofRs. 500/-.
(12) The Taxation Authority may take note of such sealed cover in the register as per the instructions of the Commissioner of Transport issued from time to time. The Commissioner of Transport may from time to time issue instructions to all the Taxation Authorities regarding the particulars require to be mentioned in sealed cover.
RART IV-B 1 GUJARA T GOVERNMENT GAZETTE, EX., 25-05-2016 397-5
Provided also that the Taxation Authority may give opportunity of being heard to the registered owner or person in possession or control of vehicle before remitting such amount to the financer.
(22) Where no person shall come forward to take part in second auction, the Taxation Authority shall send a report to the Commissioner of Transport and who may take appropriate decision for the disposal of vehicle by any other manner as he may deem fit.
(23) Where before or during the process of the auction if the Taxation Authority has reason to believe that the participants of auction are acting in a cartel or syndicate or for any other administrative reason in public intrest, the Taxation Authority shall be empowered to cancel the auction at any stage without stating any reason. An order of cancellation of the auction shall be published on the notice board of the office. The Taxation Authority shall intimate to the Commissioner of Transport reasons of canceling the auction and bid received, if any, shall be returned to the applicants after cancellation of auction.
(24) Where after auction it appears that the outstanding tax, penalty and interest are not recovered fully, the taxation authority shall have a right to recover such amount in accordance with the provisions of the Gujarat Motor Vehicles Tax Act, 1958.
(25) The Taxation Authority shall have right to cancel the auction at any stage without stating any reason.
By order and in the name of the Governor of Gujarat, S.R. SONI, Deputy Secretary to Government.
GoVERNMENT CENTRAL PREss, GANDHINAGAR.