Uttarakhand Motor Vehicles Taxation Reforms Act, 2003
No: 12 Dated: May, 27 2003
Uttarakhand Motor Vehicles Taxation Reforms Act, 2003
(Uttarakhand Act No. 12 of 2003)
An Act to provide for the reforms of all the taxes in the State imposed on motor vehicles, it is hereby enacted in the 54th year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Motor Vehicles Taxation Reforms Act, 2003.
(2) It extends to the whole of Uttarakhand.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be appointed for different provisions.
2. Definitions. - In this Act-
(a) [***]
(b) "Appellate Authority" means the Transport Commissioner, Uttarakhand or any other officer appointed by the State Government as Appellate Authority.
(c) "Certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of the Motor Vehicles Act, 1988 or any other law for the time being in force, relating to registration of motor vehicles;
(d) "Goods carriage" means any motor vehicle constructed or adapted wholly or partly for use for the carriage of goods, or any motor vehicles not so constructed or adapted when used for the carriage of goods either solely or in addition to passengers, and includes a trailer but does not include a motor cab, or maxi cab or a contract carriage or stage carriage where such contract carriage or stage carriage in authorized to carry a limited quantity of load;
(e) "Limited quantity of Load" means such quantity of load, not exceeding the limits determined by the Transport Commissioner, Uttarakhand, as the Registering Authority may specify in the registration certificate in respect of a vehicle.
(f) "Old motor vehicle" means a motor vehicle other than a transport vehicle registered prior to February 5, 1988 under the provisions of the Motor Vehicles Act, 1939;
(g) "Operator" in respect of a transport vehicle means a person whose name is entered in the permit or in an authorization certificate issued under the Uttar Pradesh Motor Vehicles (special provisions) Act, 1976, (as applicable in Uttarakhand) and where there is no such permit or authorization certificate, the person whose name is entered in the certificate or registration in respect of such vehicle, and where the transport vehicle is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement and where any such person is a minor, the guardian of such minor;
(h) "Owner" in respect of a motor vehicle means the person whose name is entered in the certificate of registration issued in respect of such vehicle, and where such vehicle is the subject of an agreement of hire purchase or lease or hypothecation, the person in possession of the vehicle under that agreement and where any such person is a minor, the guardian of such minor;
(i) "Passenger" in relation to a public service vehicle means any person travelling in a public service vehicle, but does not include the operator, the driver, the conductor or an employee of the operator of the public service vehicle travelling in the bonafide discharge of his duties in connection with the public service vehicle;
(j) ["Quarter" means a period of three calendar months commencing on the first day of any calendar month;]
(k) "Region" means the area specified as region under sub-section (1) of section 68 of the Motor Vehicles Act, 1988 and includes a sub-region as may be specified by the State Government from time to time;
(l) ["Motor Vehicles Tax"] means any tax levied under section 4;
[(l-1) "Special Tax" means a tax imposed under section 4A;
(l-2) "Cess" means a "Green Cess" imposed under sub-section (5) of section 4;
(l-3) "School Cab" means a motor cab or maxi cab owned or controlled by a school or college or controlled by its recognized parent teacher association used for carrying students to and from such school or college.]
(m) "Taxation Officer" means an officer appointed as such by the State Government and includes any other officer on whom all or any of the powers of the Taxation officer are conferred by a general or special order of the State Government;
(n) [***]
(o) Words and expressions used but not defined in this Act and defined in the Motor Vehicles Act, 1988, shall have the respective meaning assigned to them in that Act
3. Power to exempt. - (1) The State Government may, by rule or notified order, subject to such conditions and for such period, as may be specified, exempt, either wholly or partially, any motor vehicle or class of motor vehicles operating in furtherance of any educational, medical, philanthropic or other public purpose from.
(a) the operation of this Act or any provision thereof, or
(b) the payment of any tax under this Act.
(2) The exemption granted, or the conditions for the exemption imposed, under sub-section (1) may be made effective retrospectively but not from a date earlier than the commencement of the financial year.
(3) The State Government may, in the like manner withdraw any exemption granted under the sub-section (1) but such withdrawal shall not operate retrospectively.