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Notification Dt. 01.02.1969 regarding extension to CHD

Central Notification · 19669,904 characters of text

The enactment

TypeNotification
Year1966
JurisdictionCentral
MinistryMinistry of Home Affairs
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectscriminal

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

jTm^ ffo tfr» 221 REGISTERED N». D- Ml 3lRc1 <Hte (Sazette oi 3ndia EXTRAORDINARY TJT II—*faj 3 — S W S ( i ) P A R T II—Section 3—Sub-section ( i ) PUBLISHED BY AUTHORITY Ho 1 8 j No. 18] ^f fawft, STHflTt, <BTiii 1, 1969/nTO 12, 18 90 NEW DELHI.SATURDAY, FEBRUARY i , 1969/MAOBA ia, 1S90 Separate pacing Is given to this Part In order that It may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS NOTIFICATIONS New Delhi, the lot February 1969 G.S.R. 253-—In exercise of the poweru conferred by section 87 of the Punjab Reorganisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union territory of Chandigarh, the enactments specified in column (1) of the Schedule hereto annexed, as at present in force In the State of Haryana, subject to the modifications specified In the correspondlnjt entries in column (2) of the said Schedule.

T H E ScHEDUtE Enactment ( 0 Modifications The PunjabPasiengers and Goods Taxation (Haryana Amendment) Act, 1967 (Harvana Act No. 7 of In section 2, for the words, figures, and brackets "In section 6 of the Punjab Passen­ gers and Goods Taxation Act, 1952 (herein­ after referred to as the Principal Act)", the words, figures ami brackets "In section 6 of the Punjab Passengers and Goods Taxation ( 4 5 ) 5 ^ THE G V / E 1 1 E OF INDIA EXTRAORDINARY [ I ' w i l - ( I ) ( ^ Act, T952, as in force in die Union te riioiv of Chandigarh (herclnat'tei referred u> a-, I heprincipal Act)" shall be substituted.

2. In ' ection 6, in sub-section (l) of the section \Nh.ch is directed lo be substituted for secutm 15 of the principal Act, for the wordi "Staic Government", the vords "Gem rjl Govern­ ment" shall be subs muted.

The Punjab Pa-^engers a id Gn-odj r. In --ection 2,— Taxation (Haryana Second Amend­ ment) Act, 1967 (President'-. A J ( J ) lor the words, figure^ and brackets c-ln No. I t of 19*7). section 3 of the Punjah Passenger*. and Goods Taxation Act, T952 (hereinafter referred to as the principal Act)", the woids, figures and brackets " I n section 3 of the Punjab passengers and Goods Taxation Act, 1952, as in force in the Union territory of Chandigarh (heifin­ al let refcTed to as the principal Act)" shall b-- substituted ; and

(b) in the sub-section which is dnecled, by clause (ii), to be substituted I01 sub­ section (3) ol seclion 3 0 ! the principal Act, ior the Explanation, the following

Explanation shall be substituted, namel) :— "l-xplanatitm :—Fur Lhe purposes of this sub-seciioii, "jojili route" means a route which lies partlv in lire Union territory of Chandigarh and partly in any othei Union icrriton ur State."

2. Section 3 -diall be omitted.

ANNKXUKK I T H E P U N J A B P A S S E N G E R S AND GOODS T A X A T I O N (HARYANA AMEND­ MENT) ACT, lflfi7 A S EXTENDED TO T H E UNION T E R R I T O R Y OF C H A N D I G A R H HARYANA A C T N O . 7 OF 1967 An Act to amend the P u n j a b Passengers and Goods Taxa t ion Act, 1952.

Be it enacted by the Leg is la tu re of the S ta te of H a r y a n a in lhe Eighteenth Year of the Kepublio of India as follows : -

1. Shor t t i t le .—This Act inav be called the P u n i n b Passengers and Goods Taxa t ion ( H a r y a n a A m e n d m e n t ) Act. 1967.

2. A m e n d m e n t of section (i of P u n j a h Act l(i of 1952.—In sec lion r! ot the P u n j a b Passengers and Goods Taxa t ion Act 1952, as in force in the Union t e r r i t o ry ot C hand iga rh (here inaf te r r e l e r r ed to as the principal Act) , sub-sect ions

(2) and CO shall be omit ted.

3. A m e n d m e n t of section 13 of P u n j a b Act 16 of 1952.—In section i s of the pr incipal Act, in sub-sect ion (TO, for t he words "for a prosecut ion" , the words " to r the pu rpose of any proceedings unde r th is Act" shall be subs t i tu ted .

4. Subs t i tu t ion ol section 13A of P u n j a b Act 16 of 1952—For section ISA of the pr inc ipa l Act, the following section shall be subs t i tu ted , n a m e l y •— "13A. (1) T h e p re sc r ibed a u t h o r i t y may , if h e has reason to bel ieve t h a t I m p o u n d i n g the d r ive r or conductor of a m o t o r vehicle has co n t r av en e* of Ucence. any provis ion of this Act or the rule^ m a d e t he r eunde r or e tc . am- o rde r or direct ion m a d e or given the reunde r , seize any file:///Nh.ch '•"'• M',iJ "111L < , \ / L I Il< OF IM)IV I MRAOK.LU.\AR\ 4 licence held by such d r ive r or conductor, ot any other document re la t ing U> the \ ch i c l e in their possession, which in the opinion ol the prescr ibed a u t h u n l y will lit useful for, or re levant to ativ prooeednj, unde r section I4A and forward the ^ m i e to the Excise and Taxa t ion Ollicer, concerned

(2) The p r e s c u b e d au thor i ty seizin^ the licence oi o ther document u n d e r sub­ section (1) shall give to the person s u i i m i d e n n g the same a t e m p o r a r y a c k n o w - ocl«ment t he re fo r and .such a c k n o w l e d g m e n t shall h a v e effect. unt i l t h e l icence or o the r d o c u m e n t is r e t u r n e d to t h e d r ive r oi conductor , as t h e case m a y be, at, )] t he same had not been .--eized.'

5. Insertion Of new section 14A In Punjab Act IS of 1952. - A f t e r -eel ion 14 of ih<- principal Act, the following section shall be inser ted namely :— "14A (1) Whoever cont ravenes , or Luis to < omply with any of provisions ol this Act or the rules m a d e the reunde r or any o lde r oi P e n a l t y . direct ion m a d e or .given the reunde r , shall , if no o ther penal ty is provided under this Ai t for such cont ravent ion or fai lure, be l iable t o imposi t ion of a pena l t y not exceed ing five h u n d r e d rupees .

(2) An officer ot the r ank ot Excise and Taxa t ion Olllcei appointed unde r sub-section (1) of section 7 may, after affording to the person concerned a reasonable oppor tun i ty of bein# heard , impose t h * penal ty specified in sub-section ( I V fi Amendment of section 15 of Punjab Act U of 1952.—For section 15 of the pr incipal Act, the following section shall be subs t i tu ted , n a m e l y :— '" IT (1) An appea l shall lie to the appel la te au tho r i t y appointed by the Central Government in Ihis behalt . agains t any original o rder Appeals . passed under this Act wi th in sixty days of the pass ing of such order or within such fu r the r period as the appel la te au thor i ty may, for sufficient cause, allow.

(2) Save as provided in section Hi, an order passed by the appel la te au tho r i t y shall be final " 7 Omission of sections 17 and 18 of Punjab Act lfi of 1 9 5 2 — Sections 17 and 13 ol 11K principal Act shall be omit ted ii Amendment of section 22 of Punjab Act 16 of 1952.—In section 22 ot t he f-iiiu-ipal Act in sub-section (2), for clauses (d) find (1), the following clauses ^hall respectivelv be subs t i tu ted , namely .- — " ( d ) p roscr ib ing the m a n n e i and p a y m e n t of t ax and pena l t y assessed and imposed u n d e r th i s Act:

(f) prescr ibing the m a n n e r in which appeals u n d e r this Act m a y be p re fe r red " ANNEXUHK II 'J HE P U N J A B P A S S E N G E R S AND GOODS T A X A T I O N (HARYANA SECOND A M E N D M E N T ) ACT, 19(17 AS E X T E N D E D TO T H E U N I O N T E R R I T O R Y O F CHANDIGARH No. 11 of 1967 Enacted by the Pres ident in the Eighteenth Yeat of the Republic ot India \n Act fu r the r to amend the P u n j a b Pas senge r s and Goods Taxa t ion Act, 1952.

In exercise of t he powers conferred by sei (ion ?, of the H a r y a n a S ta te Legisla­ ture (Delegation of Powers) Act. 19(17 (HO ot 14(57), the Pres ident is pleased to enact as follows : -

1. Short title.—This Act may be called the P u n i a b Passengers and Goods Taxa t ion ( H a r y a n a Second A m e n d m e n t ) Act, 1967 2 Amendment of section 3 — I n section 3 of the P u n j a b Pas senge r s and Goods T a x a t i o n Act , 1952 ( P u n j a b Act 1(3 of 1952), as in force in t h e U n i o n t e r r i t o r y of Chand iga rh (here inaf te r refer red to as t he pr inc ipa l A c t ) , —

(i) in s u b s e c t i o n (1). for the word "one four th" , t he words "thirty-five p e r c e n t u m " shall be subs t i tu ted ;

4S THE GAZETTE OF INDIA EXTRAORDINARY [PARr li-Src 3(i)] Uu lor sub-section (3), the following sub-section (shall be substituted, namely;— "(3) Where passengers are carried or goods are transported by a motor vehicle operating on a joint route, the tax shall be payable In respect of the distance covered within the State at the rate laid down in sub-section (1) and shall be calculated on such amount as» bears the same proportion to the total fare or freight as the distance covered in the State bears to the total distance of the journey.

Explanation.—For the purposes of th:s sub-section, "joint route" means a route which lies partly in the Union territory of Chandigarh and partly in any other Union territory or State,"- J. [OmittedJ.

[No. F. 15/4/68-UTL(i)-107.]

G.SJt. 254.—In pursuance of clause (1) of article 239 of the Constitution and all other powers enabling him in this behalf and in partial modification of the notification of the Government of India In the Ministry of Home Affairs No- S.O. 3894 dated the 30th October, 1968, in so far an It relates to the exercise of powers, and discharge of functions, under the Punjab Passengers and Goods Taxation Act, 1652 (Punjab Act No. 16 of 1952), as in force in the Union territory of Chandigarh, by the Administrator of that Union territory, the President hereby directs that the powers and functions exercisable and dischargeable by the Central Government under the said Act shall, subject to the control of the President and until further orders, be also exercised and discharged by the said Administrator.

In relation to the said Union territory- [No. F. 15/4/63-UTL-(il).]

K. R. PRABHU, Jt. Secy- FMNTBD BY TBB OENMAL MANAOM, OOVHXNMBHT OF INDIA PKBM, WEW DBUB AND PUBLISHED BY THE MANAdEH OF PUBLICATIONS, DBLH1, 1969

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