 bill nr- '!- " 15 the delhi motor vehicles taxation (amendment) bill, 1982 - billfurther to amend the deth'i motor vehicles taxction act, 1962 be it enacted by parliament in the tbb'tythird year of the republic of india as follows:-1 (1) this act may be called the delhi motor vehicles taxation (amel'u:lment) act, 1982 short title and commencelj1ent ~ (2) it shall come into force on such date as the admfniitrator may by notification in the oftlcial gazette, ~point 67 of 1082 2 throughout the delhi· motor vehicles taxation act, 1962 (hereinafter referrec\ to as the princ;pal act) for the words "chief commissioner", whf>rever they occur, the word "admtniatrator" ilbai1 be sulle1:i, 10 tuted subltitution of "chief commissioner" by "administrator" 3 in section 2 of the principal aet, w dauw (a) tag fo1lowl, wuse shall be substituted, namely:-amendment ot section 2 i (a) "administrator" means the administrator of delhi appointed by the president under article 239 of the constitution;' t section 3 of the princi')a1 act shall be renumbered u sub-cuon (1) thereof and, after lublection (1) as 80 renumbered, the touowtni lubeetion ihall be 1nserted namely:- (2) the admlniatrator 1nay, by notification in the 0jftctal gazette, increase from time to time, the rate apecifled in schedule i 5 in relation to any motor vehicles: provl~ that the rate as 80 inerea&e'd shall tn no case exceed the rate as so specified by more than twenty-five per cent thereof" i in aectton 23 ot the principal act, for sub-aectton (3), the fouowtni suh-leetion shall be subs~tuted, namely:- 10 , (3) every rule made under this section and every notiftcatlon tssued under su~tion (2) of section s shall be laid, as soon 8s may be, after it is made or issued; before each house of parliament, whfle it is in session for a total period ofthlrty days which i may be eomprlsed in one session or in two or more successive 'sesslons, ~ and if, before the exl?try of the session immediatelv following the eeaton or the successive sessfons aforesaid both houses a~ tn ma1dn~ any modffteatjon in the rule or notiftcation, or both houses ~ that thf; rul~ should not be made or the notification should not be tssued the rule or notfftcat1on shllll therellfter have effect o1'\ly in ~ such modifted form or be of no effect, as the cas~ may be; 80, how-·ever, that any such modiftcatfon or annulment shall be wfthout ljre-1udee to the validity of rllytb1u~ 'p'i'p~nously fi,,,e 1tn~pr thllt ,,jle or notiftcatfod   """"",, t for sehedulf' i to the- principal act, the following sehe'dule shall be i~ r;ubstttuted, namely:":'" ' ~  ~ (see section 3)  pail't' a-mator fthic1el fitted ·loiely with paewaatie tyfei-i motor cydes &ad tricycles (inclwqg motor icooten and cycles with attachment cor pmpeilidgthe ume bymeehaftijed power): rupcal (6) ijoootcrcttes and auto-cyclea (fiat rattl) - twenty (i) tricycles (bat rate) fifty  (4) motor cycles or tricyclca uaed for drawiug a ti'ailcf\ or tide car to tbc rate apoci6ed in () « (b) cr (e) abovejlwfifteen rupeci' j teo ii motor ~hides (adaptec:cand used for idvalids) ,the registctcd lmladen weight of which does not soeod thn:o hundred ldlopms - 15 ill motor vehiclm (includiug tricydr» uaed lor the transport of haulage of goods or materials, thl'" registered laden wei~ht of wbich-(a) does not r:xceed oue tonne ao (b) c:zccedj one toddc but docs do( exceed two tojulcl three hundred add ten (e) axcceds twn toddci but does dot exceed four tonncs  four iwndred 8iid !ievc:ilt)' (4) ezceeds four tonnes but does dot exceed aix tolldcs six hundred and thirty (,) exoccda six'tonnea but does iwt ~-cced c'light tonnt'i'i  seven hundred and eighty - - (f) eatccocii eight toodta but docs iaot exceed dinetonnes, , ,  niue uulldred &dd forty ci) exceeds nine tojmes out doei dot cjl-coccl ted tomes - 8levto buadred " , (") aceedi tt'n tonnes  tv additional tax payable in respect ofvdlides tefernxf to in item tn\llat'ld ror dtawiag ~--description of moto, whitus ,annual rau of itjx for __ tor vlnd,  !2 rupees ~ (ii) for each trailer the registered laden weight of which exceeds two tonnes: three hwldred provided that two or more vehicles shall not be chargeable under this item in respect of the same trailer to v motor vehicles (idduding tricycles) plying for hire end used for the transport of passengers, when-(a) licensed to carry, in au, rot more  than twopassengcrs (cxcludingdriver) one hundt'ed 15 (b) licensed to carry, in all, more than two but dot more than four ~ii (excluding driver and conductor two hundred (c) licensed to carry, in all, more than four  p'o-g" but not more than ax passengers (excluding driver and conductor) three lumdred and seventyfive (i) licensed to carry, in all, dlore than six pa'jsengers but dot more than eighteen paueragcn {excluding driver and conductor)      six hundred and thirty (,)jicenmd to carry more than eightcjcd passengcn (excluding driver and conductor) the rates apecificd in (d) above plus~tyfour rupcea for· so every paaenger in addition to eightoed ,-eagcti which tile whicle· u :iojioenaed to carry, and rounded ofr 5s vt motor vehida 0\mccl by airline companies or corporations for carrying p8llengerb andstalf-(4) the aeatinc capacity of which does not  exoecdfoar (excl~ driver)  two hundred (b) the seating capacity of which exceads four but doel not exceed six (excluding driver) - ~ five huddted addaeventy ' (c) the seating capacity of which e&c:eeda six but does not exceed oilb~ (excluding driver)  ' sut ~ aaulthmy description of motor demeles annual raj4 of iu for ide" motor wiiieii rupeea 5 (d) tbc eating capacity of which exceeds eighteen the tate specified in (t) above plus ninet,fo~ ~ for every person in addition to eighteen persons and rounded off  to vii break:ttowq vans uaed for towing disabled vehicles and tower wagons used tor mamtenance of ovefhead electric lines 'fhree hundred and ten viii motor vchiclea pther than those liable to 15 tax under the foregoing provisions of troll schedule, the r~stered unlad~n weigh t of which-(a) do") q'>t exceed one th:>uj"nd kilogram one hwldrcdand tweuty-6ve (b) elcceeds one thowand kilograms but 130 does not exceed one thousand and five hundred kilograms ' one hundred and sixty (c) exceeds one thou'i'1nd and five hundred kilogram but doe, not exceed two thou,and kilograms '"i\tx) hundtcd and thirty (d) exceeds two thousand kilograms the ratc lpecified in (,) ·above plus ode hundred and fifty ~':lpeesror every one thousand ldjograms or part thereof' in  addition to two thousand kilosrama· ix additioaal tax payable in rapec:t ofvohicloi referred to in item viii it such vehicles are used tor drawing trailers-(i) for eacll trailertbe registctcd unladen weight of which docs!wt exceed one tonne sixty (ii) for each trailer the registered unladen weight of which exceeds one tonne :  one hundred and twenty pro~ed that two or morc vehicles ahall not be chargeable under this item in respect of the same ttailer pu:r b-motot vehicles other than those fitted solely with pneumatic tyres the rates shown in part a plus fifty per cen~ thtreol 45 n'0te-1'hc registered un1aclcn weight of motor vehicle shall be as specified in the ocrtificate of registration ", sectioq a 01 the delhi motor vehicles taxation act, 1962 (57 of 1962), provides that there shall be levied and collected on all motor veblc1e& used or kept for use in the union' territory of delhi a tax at the rates specified in schedule i to that acl the rates of motor vehicles tax which were last revised in 1969 are comparatively lower than those in the neighbouring stat~ during the last few years, there has beed significant increase in the costs of maintenance, construction and development of road& to meet the increasiilg traffic demand it is, therefore, proposed to increase the existing rates of tax od certair;l types of motor vehicles, such as, cars, jeeps, buses and goods vehicles it is, however, not proposed to increase the rates of tax od the motor vehiclea used for invalids, motorcycles, scooters, scooterettes, tricycles, autorickshaws and taxis slllce these are, by and large, used by comparatively weaker sections of the society the principal beneflciaries of the :idcrease will be the local bodies to whom the proceeds of the tax are distributable under section 20 of the said act schedule i sought to be substituted by clauae 6 of the bill gives eftect to the propos8ls 2 claas& 4 of the bid seeks to amend sec~n 3 of the act 10 as to empower the administrator to increase, from time to time, by notification ii1 the official gazette the rate specified in schedule i in relation to any motor vehicles it is subject to the condition that the rate so increaaed shall in no case exceed the rate speci1led in schedule i by more than twenty-five per cent provision has also been made that every notification so issued shall be laid before each house of parliament 3 clause 5 01 the bill provides for the amendment of the provision relating to the laying of rules before parliament to give effect to the recommendatiolul of the committees on subordinate legislation of the houses of parliament the amended ~rovision lays down that a nowlcation issued by the administrator under sub-sectiod (2) of section 8 of the wet act relating to the increase of the rate of motor vehicles tu shall also be similarly laid before each house of parliament 4 owortunity has also been taken to substitute the worda "chief ~ommfafdoner" by the word "administrator' in the said act 5 the bill seeks to achieve the above object8 nn dam; sitaram ke~r1 the 2t1d jtjj,,~ lob  memorandum regarding delegated legislationclause 4 of the bill seeks to amend section 3 of the delhi motor vehicles taxation act, 1962, so as to enable the administrator to increase the rate of tax specified in schedule i to the said act in relation to any motor vehicles by notiflcation, trom time to time this is, however, sub ject to the condition that the rate as 80 increased shall'in no case exceed the rate specifted in the said scheciule i by more than twenty-ftve per cent thereof the notiftcation 80 illued will be placed before parliament the delegation of legislative power is thus of a normal character  - - - - - - j>ftditiona z in this act, unless the context otherwise requires,-(0)· ,cchief commissioner" means the chief commissioner of deud; - - - - - 23 (1) - - - - - power to make rul  (3) every rule made under this section shall' be laid as soon as may be after it is made before each house of parliament while it is in session for a total l)eriod of thirty davs which mav be comprfs~ in one session or in two successive sessions and if hefore thf! exnfrv of the smmon in which it is 80 laid or the serston immetliatelv following both houses aq'i'ee in makfne: nnv modifl~atfon in the rule ot hoth 'r'om~e~ ri1ree thl\t the rule shoum not be made the rule shall thereafter hava pfl'ect onlv in such mmifterl fnnn or be of no efl'ecl a~ tlle case mrv be: !m however thrt: any' such mo/nflcation or annulment "h"ll hp witllout pr"!judice to the vaudity of anything previously done under that rule schedtjt  e i (see sectinn ~) part a-motor vehicles fitted solely with pneumatic tyrest motor evcles and tricvdr1i (inr1u(nnl!' motor seootel'i and cvde'l with attat'hment for nmpellinll' the saml": bv m~lum~d power)-(4) motor rvdf'ji lroo~ (flat ratt!'  forty ([,) loooterettr1l and auto cycles (flat rate) twenty (e) trievcles (flat rau'    fifty (ti) motor cvcles or tricycles \lied for drawing a trat1er or aide ear    the rate specified in (ii) or (ii, or (e) above p/ulfifte«t rupees n motor vehicles (adapted and used for in-  ,-vahds) the ~tered unladen wei~ht of ~ ,-which does not exceed two hundred and ,   fifty kilograms  ten description of motor 'delaicies annual,ate tif tax for tach motor 'dehiele rupees iii motor vehicles (including tricycles) used for the transport or haulage of goods or materials, the registered laden weight ofwhicla-(a) does not exceed one tonne one hundred and seventy-five (6) exceeds one tonne but does not exceed two tonnes two hundred and fifty (c) exceeds two tonnes but does not exceed four tonnes three huncl~d and seventy-five  - (ii) cxceeda four tolulcs but does not ex-clecld six toddes - five hundred (e) cxc:eede m tonnes but does not exceed eight tonnes six hwl(ired and twenty -five (j) exceeds eight tonnes but does not exceed nine toiule4 -   seven hundred and fifty - (g) exceeds nine tonna but does not exceed ten tonnes eight hundred and 8evrntyfive (ii} exceeds ten tondci the rate specified in (g) above jiliuoue huddred and twentyfive rupeet1br every one tonne or part thereof in addition to ten tonnea· ' ,iv  additional tax payable in respect of vehicles referrccl to in item iii, used cor drawing trailen--(a) for each ttailct the registered laden wright of which does not exceed two tondes  'one ihundred 'and' twentyfive ' (b) (or each trailer the registered jaden , weigbt of which exceeds two tonnes: two hundred and fifty provided th&t two or more vehicles shall not be chatpabje wader this item in, respect of the same trailer v motor' vehiclci (includidg tricycles) plying for hire and used for the transport of passengen,when-,,' | i\                 | "            ||--------------------|--------------|| (a)                |              || licensed           |              || to                 |              || ,carry,            |              || in                 | au,          || 'not               |              || mote               |              || than               | " -          || two                |              || pasaengen          |              || (excluding driver) | ore hundred || (6)                |              || licensed           |              || to                 |              || carry,             |              || in                 |              || au,mofe-           |              || than               |              || two                |              || bot                |              || iiot               |              || mare               |              || thad               |              || four               |              || paaaenaers         |              || (excluding driver  | and          |descripliml , motor vehicles (c) licensed to carry in all more than four paacngen but not more than iix pmieagets (excluding driver and conductor)  three hundred and leventyfive (d) licensed to carry in au ~c tjaaq liz paiiiliii8uj bu,t not more than eighteen passengen (excluding driver and cod-ductor)  five hundred (i) licensed to carry more than eightccm passengers (excluding driver and conductor) - ~ rat~ ~ in {ii> above phis  ~eat,fiw rupees for every paiienguo in addition to  piacd8ei'8 which abe widde is 10 lioe:nseel to carry subject to a ma-3cub= of two thobiatld seven iiwnited and fifty rupees per annum vi; motor vehicles owned by airline companies or corporatioas for carrying paaengers and stafr-(a) tbe·  capacity of which doesnot ~ ~ (aclading driver)  two hundred (6) the  capl£ityof which exceeds four but does not exceed six (excluding driver) 'i'twm ~8dti"tyaft (c) the seating capacity of'which csceeds six but does not ~ eighteen (excluding driver)  - : (d) tbe  capacity of which exoeeds eighteen      the rate specified in (c) above plus seventy-five rupees fbt ~  , ba· addition to ~  subject to a maximum of two tboujand  ·ift " y ,,jmi'  vii bteak-down vans uaed for towiug disabled vehicles  viii motor vehicles other than thole liable to tu wider the foresoing proviaiodl of this schedule, the rqristcrett ___ wapt ofwhida (4i} does not ~ onewu  kijd pmi' - 0 rupees (6) esceeda one thouwld kilograms but does dot exceed one thousand and five hundred kilograms  one hundred and five (c) exceeds ode thouaand and five hundred kijograma but does not exceed twa thousand kilogrlms  one hundred and seventyfive cd) exceeds two tf1?usand kilogram'! the rate specified in (r) above /jiiis ode hundred and twentyfive rupees for every ode  thousand kilograms or part thereof in addition to two thousand kilograms ix additional tax payable in respect of vebiclea referred to in item viii, if such vehicles are used for drawing traijers-(i) for each traijer the registered unladen weight of which does not exceed one tonne fifty f one hundred - (ii) for each trailer the registered  nladen weight of which esceeds one tot,me : -  "j :  " :1 provided that two or more vchic1~ shall not be  -tp6le this ftim ill rwpett of the same trailer part b-motor vehicles other than thole fitted iolely with pneumatic tyres the rata ahown ill part a plus fifty per cent theteof non-the registered unladen weight ora motor vehicle ,hall be as specified in the certificate of registration   - lull·further tel amend the delhi motor vehicles taxation act 1112 \'\  (shri sittl ram kesri, minister of stale in the ministnj of shipping end transport) 