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Section 5: Establishment of check-posts or barriers and inspection of goods in transit

The Himachal Pradesh Taxation (on Certain Goods Carried by Road) Act, 1999State Act of Himachal Pradesh · Act 16 of 1999

(1) With a view to preventing or checking evasion of tax under this Act, the State Government may, by notification, direct the establishment of a check-post or the erection of a barrier or both on such road or roads as may be notified.

(2) At every check-post or barrier or at any other place when so required by an officer-in-charge of the check-post or barrier or any other officer not below the rank of an Excise and Taxation Inspector, the driver 1 [during transport or carriage], mechanical vehicle 2 [XXXXXX] or cart, shall shall stop the mechanical vehicle 3 [XXXX] or cart, as the case may be, and keep it stationary as long as may reasonably be necessary, and allow the aforesaid officer to examine the contents in the mechanical vehicle 4 [XXXX] or cart by breaking open the package or packages, if necessary, and inspect all records relating to the goods carried which are in the possession of such driver or other person-in-charge, who shall also furnish such other information as may be required by the aforesaid officer, and if considered, necessary, such officer may also search the goods, mechanical vehicle 5 [XXXXXX] or cart and the driver or other person-in-charge of the mechanical vehicle 6 [XXXX] or cart of the goods.

1. Inserted vide H.P. Act No. 1 of 2013, effective from 5 th October, 1999.

2. The sign and word ―, animal‖ omitted vide H.P. Act No. 3 of 2002.

3. The words ―or animal‖ omitted vide H.P. Act No. 3 of 2002.

4. The words ―or animal‖ omitted vide H.P. Act No. 3 of 2002.

5. The sign and word ―, animal‖ omitted vide H.P. Act No. 3 of 2002.

6. The words ―or animal‖ omitted vide H.P. Act No. 3 of 2002.

8 THE HIMACHAL PRADESH TAXATION (ON CERTAIN GOODS CARRIED BY ROAD) ACT, 1999

(3) The 1 [persons specified in sub-section (2)] shall keep with him the receipt in the prescribed form showing the tax paid by him under section 4 in respect of the goods being carried by him and produce on demand such receipt before an officer-in-charge of a check-post or barrier or any other officer not below the rank of an Excise and Taxation Inspector checking such mechanical vehicle 2 [xxxxxxxxxx] or cart at any other place.

(4) If the 3 [person specified in sub-section (2)] fails to produce the receipt as required under sub-section (3), the officer-in-charge of the checkpost or barrier or any other officer referred to in sub-section (3), as the case may be, shall recover the tax at the place of inspection or check-post or barrier and issue him the receipt in the prescribed form.

(5) If the goods on which the tax is payable under this Act are passing through the check-post or the barrier falling first in the course of transit within the State, the 4 [person specified in sub-section (2)] may pay the tax at such check-post or the barrier and obtain a receipt, in the prescribed form, against such payment.

Where this provision sits

ActThe Himachal Pradesh Taxation (on Certain Goods Carried by Road) Act, 1999
Section5
Marginal noteEstablishment of check-posts or barriers and inspection of goods in transit
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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