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The Gujarat Motor Vehicles Tax Act, 1958

Gujarat · state statute
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GOVERNMENT   OF   GUJARAT
LEGISLATIVE  AND PARLIAMENTARY   
AFFAIRS DEPARTMENT
THE GUJARAT MOTOR VEHICLES 
(TAXATION OF PASSENGERS) ACT, 1958
(BOMBAY ACT NO. LXVII OF 1958)
( As modified upto the 31st October, 2023. )
2023
( Price : ` 25-00 )
âˆØ×ðß ÁØÌð
(G.P.V .)-V-2021    415-Bks.-06-2023.

  PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
GOVERNMENT   OF   GUJARAT
LEGISLATIVE   AND   PARLIAMENTARY   
AFFAIRS   DEPARTMENT
THE GUJARAT MOTOR VEHICLES 
(TAXATION OF PASSENGERS) ACT, 1958
(BOMBAY ACT NO. LXVII OF 1958)
( As modified upto the 31st October, 2023. )
 
âˆØ×ðß ÁØÌð


  PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
THE   GUJARAT  MOTOR VEHICLES (TAXATION OF PASSENGERS)ACT, 1958 
  CONTENTS.
 Preamble.  
   SectionS.  Page no.
 1. Short title, extent and commencement. 1
 2. Definitions. 1
 3. Levy of tax on passengers carried by stage carriages. 2
 3A. [Deleted.] 
 4. Submission of returns. 3
 5. Tax to be paid every month into Government treasury . 3
 6. Procedure where no returns are submitted, etc. 3
 7. Fares escaping assessment. 4
 8. Penalty for non-payment of tax. 4
 9. Recovery of tax, etc. 4
 9A. Liability of operator to pay interest. 5
 9AA. Refund of excess payments. 5
 10. Restrictions on the use of stage carriages in certain cases. 6
 11. Appeal against demand. 6
 12. Maintenance of accounts and registers. 6
 13. Power to order production of accounts. 6
 14. Powers of entry and inspection. 6
 15. Offences and penalties and competent court. 7
 16. Offences by companies. 7
 17. Composition of offences. 8
 18. Officers to be public servants. 8
 19. Bar of certain proceedings. 8
 20. Limitation for suits and prosecutions. 8
1958 : Bom. LXVII]  
ii [1958 : Bom. LXVII
THE   GUJARAT  MOTOR VEHICLES (TAXATION OF PASSENGERS)ACT, 1958
SectionS.  Page no.
 21. Po wer to exempt certain passengers, from payment of tax. 8
 22. Po wer to make rules. 8
SCHEDULE.
PB Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 1
BOMBAY ACT NO. LXVII OF 1958.1
[The GujaraT MoTor Vehicles (TaxaTion of PassenGers) acT, 1958.]
[3rd September,1958.]
	 Adapted 	 and	 modified	 by	 the	 Gujarat	 Adaptation	 of	 Laws	 (State	 and	
Concurrent	Subjects)	Order,	1960.
	 Amended	 by	 Guj.	 12 	of	1961.	 Amended	 by	 Guj.	 01 	of	1991.	*	*	
	 	 ”	 ”	 ”	 15 	of	1963.	 	 ”	 ”	 ”	 11 	of	2003.
	 	 ”	 ”	 ”	 26 	of	1964.	 	 ”	 ”	 ”	 15 	of	2011.
	 	 ”	 ”	 ”	 13 	of	1965.	 	 ”	 ”	 ”	 16 	of	2014.
	 	 ”	 ”	 ”	 37 	of	1965.
	 	 ”	 ”	 ”	 10 	of	1969.
	 	 ”	 ”	 ”	 18 	of	1969.
	 Amended	 by 	the	President’s	Act	10	of	1971.*	 	
	 Amended	 by	 Guj.	 13 	of	1972.	
	 	 ”	 ”	 ” 		 6 	of	1977.
	 	 ”	 ”	 ” 		 19 	of	1982.
An Act to provide for the levy of a tax on passengers carried
in certain classes of public service vehicles
in the State of Bombay.
	 WHEREAS 		 it	is	expedient	to	provide	for	the	levy	of	tax	on	passengers	
carried	in	certain	classes	of	public	service	vehicles	in	the	State	of	Bombay;
It	is	hereby	enacted	in	the	Ninth	Y ear	of	the	Republic	of	India	as	follows:-
 1.	 (1)	 This	Act	 may	 be	 called	 the	 2[Gujarat]	 Motor	 V ehicles	 (Taxation	 of	
Passengers)	Act,	1958.	
	 	 (2) 	It	extends	to	the	whole	of	the	3[State	of	Gujarat].
	 	 (3) 	This	section	shall	come	into	force	at	once,	and	the	rest	of	the	Act	shall	
come	into	force	on	such	date	as	the	State	Government	may,	by	notification	in	the	
Official Gazette,	appoint.
 2.	 In	this	Act,	unless	the	context	otherwise	requires,-
	 	 (1) 	“fleet	owner”	means	an	operator	holding	a	permit	for	one	hundread	or	
more	stage		carriages;
	 	 (2) 	“month”	means	a	calendar	month;
	 	 (3) 	“municipal	area”	means	an	area	specified	in	the	Schedule;
  4[(3A)	 “new	 capital	 area”	 means	 the	 area	 comprised	 in	 the	 new	 capital	
within	the	meaning	of	clause	(c)	of	section	2	of	the	Gujarat	New	Capital	(Periphery)	
Control	Act,	1960;]
1.	 For 	Statement	of	Objects	and	Reasons,	see  Bombay Government Gazette,	1958,	Part	V ,	Extra,	p.	305.
2.	 This 	 word	 was	 and	 was	 deemded	 to	 have	 been	 substituted	 on	 1st	 May,	 1960	 for	 the	 word	 “Bombay”	 by	
Guj.15of	2011,	s.3,	Sch.,	Sr	No.	58.
3.	 These 	words	were	substituted	for	the	words	“State	of	Bombay”	by	the	Gujarat	Adaptation	of	Laws	(State	and	
Concurrent	Subjects)	Order,	1960.
4.	 Clause 	(3A)	was	inserted	by	Guj.	18	of	1969,	s.2.
*		This	Act	cease	to	have	its	ef fect	on	1st	January,	1972.
*	*		This	Act	was	deemed	to	have	come	into	force	on	the	1st	November,	1990.
Short title,
extent and
commencement.
Definitions.
Guj. X of 1960
2 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 3
 1[(4)	“operator”	means	any	person	whose	name	is	entered	in	the	permit	
as	the	holder	thereof	and	where	stage	carriage	is	used	or	caused	or	allowed	
to	be	used	without	a	permit	includes	a	person	in	whose	name	that	vehicle	is	
registered	under	2[	the	Motor	V ehicles	Act,	1988],	or	any	person	having	the	
possession	or	control	of	such	vehicle;	and	‘to	operate’	shall	be	construed	
accordingly;]
	 (5) 	“prescribed”	means	prescribed	by	rules	made	under	this	Act;
	 (6) 	 “permit”	 means	 a	 permit	 granted	 or	 countersigned	 under	 2[the	
Motor	V ehicles	Act,	1988],	authorising	the	use	of	a	motor	vehicle	as	a	stage	
carriage	or	contract	carriage	in	any	part	of	the	State;
	 (7) 	 “stage	 carriage”	 means	 a	 motor	 vehicle	 carrying	 	 or	 adapted	 to	
carry	more	than	six	persons	excluding	the	driver,	which	carries	passengers	
for	 hire	 or	 reward	 at	 separate	 fares	 paid	 by	 or	 for	 individual	 passengers,	
either	for	the	whole	journey	or	for	stages	of	the	journey,	and	includes	such	
a	carriage	3[	*	 	 *	 	 *	]	when	used	as	a	contract	carriage	within	the	meaning	of	 	
2[the	Motor	V ehicles	Act,	1988];
	 (8) 	“tax”	means	the	tax	referred	to	in	section	3;
	 (9) 	 “Tax	 Officer”	 means	 such	 officer	 as	 the	 State	 Government	 may,	
by	notification	in	the	Official Gazette,	appoint	to	be	the	Tax	Officer	for	the	
whole	State	or	for	any	area	or	areas	 	for	the	purposes	of	this	Act,	and	the	
State	Government	may	appoint	more	than	one	officer	as	Tax	Officers	for	the	
whole	State	or	for	any	area;
	 (10) 	the	words	and	expressions	used	but	not	defined	in	this	Act	shall	
have	the	meaning	assigned	to	them	in	2[the	Motor	V ehicles	Act,	1988] and 
the	rules	made	thereunder.
 3. 4[(1)	On	the	commencement	of	the	Bombay	Motor	V ehicles	(Taxation	
of	Passengers)	(Gujarat	Amendment)	Act,1963,	there	shall	be	levied	and	paid 
to	the	State	Government	a	tax	on	all	passengers	carried	by	stage	carriage	at	
such	r ate 	a s 	w ould	yield	an	amount	equal	to	5[seven	and	one-half	per	cent.]	
of	the	inclusive	amount	of	fares	payable	to	the	operator	of	a	stage	carriage:
  6[Provided	that	where	such	stage	carriage	plies	exclusively	within	
the	 new	 capital	 area	 or	 a	 municipal	 area	 or	 exclusively	 on	 such	 routes	
serving	the	new	capital	area	or	a	municipal	area	and	also	areas	adjacent	to	
either	of	these	areas	or	serving	the	new	capital	area,	a	municipal	area	and	
the	area	between	them,	as	may	be	approved	by	the	State	Government,	the	
rate	shall	be	such	as	would	yield	such	amount,	not	exceeding	7½	per	cent.	
of	 the	 inclusive	 amount	 of	 fare	 so	 payable,	 as	 may	 from	 time	 to	 time	 be	
notified	in	the	Official Gazette	by	the	State	Government]:	
1.		 Clause	(4)	was	substituted	by	Guj.	19	of	1982,	s.	2(1).
2.	 These 	words	and	figures	were	substituted	by	the	words	and	figares	“the	Motor	V ehicles	Act,	1939”	by	Guj.11	
of	2003,	s.2.	
3.		 The	words	“or	other	omnibus”	were	deleted,	by	Guj.19	of	1982,	s.	2(2).
4.		 Sub-section	(1)	was	substituted	for	the	original	by	Guj.	15	of	1963,	s.2.
5.		 These	words	were	substituted	for	the	words	“seventeen	and	one-half	per	cent”	by	Guj.	16	of	2014,	s.2.
6.	 The 	first	proviso	was	substituted	by	Guj.	18	of	1969,	s.	3.
59 of 1988.
59 of 1988.
59 of 1988.
59 of 1988.
Levy of taxes 
on passengers 
carried 
by stage 
carriages.
Guj. XV of 1963.
2 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 3
 Provided	further	that	subject	to	such	conditions	as	the	State	Government	
may,	 by	 notification	 in	 the	 Official Gazette ,	 determine	 in	 this	 behalf,	 no	
such	tax	shall	be	leviable	on	any	student	1[in	respect	of	journeys	not	more	
than	two	per	day	to	and	from	an	educational	institution	or	any	other	place	
attended	by	him	in	the	bonafide	prosecution	of	his	studies	or	for	undergoing	
any	 training	 in	 compliance	 with	 the	 requirements	 of	 such	 educational	
institution.]
 Explanation.-	[This	Explanation	which	was	added	by	the	President’s	
Act	No.	10	of	1971	has	ceased	to	have	effect	on	30th	November,	1972.]
	 (2) 	After	calculating	the	total	amount	of	tax	payable	under	sub-section	
(1)	out	of	the	total	amount	received	by	an	operator	during	each	month	on	
account	of	inclusive	fares	in	respect	of	the	stage	carriage	or	stage	carriages	
held	by	him	under	a	permit,	the	total	amount	of	tax	shall	wherever	necessary	
be	rounded	off	to	the	2[nearest	rupee,	the	fraction	of	a	rupee	not	exceeding	
fifty	paise	shall	be	ignored	and	the	fraction	of	a	rupee	exceeding	fifty	paise	
shall	be	taken	as	a	rupee].
 3A. Levy of additional tax on passengers carried by stage carriages. 
[This	section	which	was	inserted	by	the	President’s	Act,	1971	(Guj.	10	of	
1971)has	ceased	to	have	effect	on	the	expiry	of	its	term	of	one	year	on	30th	
November	1972.]
 4.	(1)	In	respect	of	the	stage	carriage	or	stage	carriages	held	by	him,	the	
operator	shall	deliver	or	cause	to	be	delivered	to	the	Tax	Officer	or	to	such	
prescribed	officer	as	the	Tax	Officer	may	specify	a	return	in	the	prescribed	
form	and	manner	either	daily	or	at	such	intervals	as	may	be	prescribed:
	 Provided 	 that	 different	 rules	 may	 be	 prescribed	 for	 the	 purpose	 of	
this	 sub-section	 in	 relation	 to	 fleet-owner	 from	 those	 in	 relation	 to	 other	
operators.
	 	 (2) 	 When	 any	 return	 is	 received	 by	 a	 prescribed	 officer	 he	 shall	
forward	 it	 to	 the	 Tax	 Officer	 within	 the	 prescribed	 period	 and	 in	 the	
prescribed	manner.
 5.	The	tax	payable	during	any	month	in	accordance	with	the	returns	
submitted	under	section	4	shall	be	paid	into	a	Government	treasury	3[or	in	
such	other	manner	as	may	be	prescribed]	by	the	operator	and	the	receipt	
evidencing	such	payment	forwarded	to	the	Tax	Officers,	on	or	before	such	
date	or	dates	of	the	month	immediately	succeeding	as	may	be	prescribed	in	
the	case	of	fleet	owners	and	other	operators.
 6.	In	the	following	cases	that	is	to	say,-
	 			 (a) 	where	no	return	have	been	submitted	by	the	operator	in	respect	
of	any	stage	carriage	for	any	month	or	portion	thereof,	or
1.		 These	words	were	substituted	for	the	words	“in	respect	of	one	journey	per	day	to	and	from	an	educational	
institution	attended	by	him	in	the	bonafide	prosecution	of	his	studies”	by	Guj.	26	of	1964,	s.	2.
2.		These	words	were	substituted	for	the	words	“nearest	naya	paise,	fractions	of	half	a	naya	paise	and	over	being	
counted	as	one	and	less	than	half	being	disregarded”	by	Guj.	11	of	2003,	s.3.			
3.		These	words	were	inserted	by	Guj.	13	of	1965,	s.	2.
Submission
of returns.
Tax to be paid 
every month 
into Goverment 
treasury.
Procedur 
where no
returns are
submitted,
etc.
4 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 5
	 	 (b) 		 where	the	returns	submitted	by	the	operator	in	respect	of	any	
stage	carriage	for	any	month	or	portion	thereof	appear	to	the	Tax	Officer	to	
be	incorrect	or	incomplete,
the	Tax	Officer	shall,	after	giving	the	operator	a	reasonable	opportunity	in	
case	(a)	of	making	his	representation,	if	any,	and	in	case	(b)	of	establishing	
the	correctness	and	completeness	of	the	returns	submitted	by	him,	determine	
the	 sum	 payable	 to	 the	 State	 Government	 by	 the	 operator	 by	 way	 of	 tax	
during	such	month	or	portion	thereof:
	 Provided 	that	the	sum	so	determined	shall	not	exceed	the	maximum	
tax	which	would	have	been	payable	to	the	State	Government	if	the	stage	
carriage	had	carried	its	full	complement	of	passengers	during	such	month	or	
portion	thereof.
 7. If,	for	any	reason,	the	whole	or	any	portion	of	the	tax	leviable	under	
this	Act	for	any	month	has	escaped	assessment,	the	Tax	Officer	may,	at	any	
time	within,	but	not	beyond	one	year	from	the	expiry	of	that	month,	assess	
the	tax	which	has	escaped	assessment,	after	issuing	a	notice	to	the	operator	
and	making	such	inquiry	as	the	officer	may	consider	necessary.
 8.	 Where	 the	 whole	 or	 any	 portion	 of	 the	 tax	 payable	 to	 the	 State	
Government	 in	 respect	 of	 any	 stage	 carriage	 for	 any	 month	 or	 portion	
thereof	in	pursuance	of	sections	5,	6	and	7	has	not	been	paid	to	it	in	time,	
the	Tax	Officer	may,	in	his	discretion,	levy	in	addition	to	the	tax	so	payable,	
a	penalty	not	exceeding	25	percent.	of	the	maximum	tax	which	would	have	
been	payable	to	the	State	Government	if	the	stage	carriage	had	carried	its	
full	complement	of	passengers	during	such	month	or	portion	thereof.
 9.		 (1)	In	the	cases	referred	to	in	sections	6,	7	and	8	the	Tax	Officer	shall	
serve	on	the	operator	a	notice	of	demand	for	the	sums	payable	to	the	State	
Government	and	the	sums	specified	in	such	notice	may	be	recovered	from	
the	operator	as	arrears	of	land	revenue.
	 	 (2) 	 	 Where	 the	 sums	 specified	 in	 the	 notice	 of	 demand	 are	 not	
paid	within	fifteen	days	from	the	date	on	which	the	notice	was	served	on	
the	 operator,	 the	 stage	 carriage	 in	 respect	 of	 which	 the	 tax	 is	 due	 and	 its	
accessories	may	be	distrained	and	sold	under	the	appropriate	law	relating	
to	the	recovery	of	arrears	of	land	revenue	whether	or	not	such	vehicle	or	
accessories	are	in	the	possession	or	control	of	the	operator:
	 Provided 	that	no	distraint	shall	be	made	in	pursuance	of	this	sub-section	
except	at	the	instance	or	with	the	consent	of	the	State	Government	or	such	
Officer	as	may	be	authorised	by	the	State	Government	in	this	behalf.	
	 	 (3) 	 	 Distraints	 under	 sub-section	 (2)	 may	 also	 be	 made	 by	 such	
officers	 or	 class	 of	 officers	 as	 the	 State	 Government	 may,	 by	 general	 or	
special	order,	direct	and	the	officer	making	any	such	distraint	shall	forward	
the	proceedings	there	of	together	with	the	distrained	 	articles	to	the	Collector	
for	further	action	under	sub-section	(2).			
Fares 
escaping 
assessment.
Penalty 
for non-
payment of 
tax.
Recovery of 
tax, etc.
4 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 5
 1[9A.		(1)	 	 Where	the	whole	or	portion	of	the	tax	payable	to	the	State	
Government	 in	 respect	 of	 any	 stage	 carriage	 in	 pursuance	 of	 section	 5,	
section	6	or	section	7	has	not	been	paid	in	time,	the	operator	shall	be	liable	to	
pay	to	the	State	Government	simple	interest	at	twelve	per	cent.	per	anuum-
	 (a) 		on	the	outstanding	sum	of	the	tax	payabl e	in	pu rsuance	of	se ction	5,	
from	the	date	prescribed	under	that	section	for	th e	pa yment	of	su ch	ta x,	an d
	 (b) 		on	the	outstanding	sum	of	the	tax	payable	in	pursuance	of	section	6	
or	section	7,	from	the	day	next	after	the	expiry	of	the	period	of	fifteen	days	
referred	to	in	sub-section	(2)	of	section	9,
until	the	date	of	such	payment:
	 Provided 	 that	 the	 amount	 of	 interest	 payable	 under	 this	 sub-section	
shall	in	no	case	be	less	than	five	rupees.
	 (2) 		 Where	the	whole	or	any	portion	of	interest	payable	to	the	State	
Government	 in	 pursuance	 of	 sub-section	 (1)	 has	 not	 been	 paid,	 the	 Tax	
Officer	shall	serve	on	the	operator	a	notice	of	demand	for	the	amount	of	
interest	payable	to	the	State	Government.
	 (3) 		If	the	amount	of	interest	specified	in	the	notice	of	demand	served	
under	 sub-section	 (2)	 is	 not	 paid	 to	 the	 State	 Government	 within	 fifteen	
days	from	the	date	on	which	such	notice	is	served,	the	amount	of	interest	
shall	be	recoverable	from	the	operator	as	arrears	of	land	revenue.
	 (4) 	 Notwithstanding	 anything	 contanined	 in	 sub-section	 (3),	 the	
provisions	of	sub-sections	 	(2)	and	(3)	of	section	9	shall,	so	far	as	may	be,	
apply	in	respect	of	the	recovery	of	the	amount	of	interest	specified	in	the	
notice	of	demand	served	under	sub-section	(2)	as	they	apply	in	respect	of	
recovery	of	the	tax.]
 2[9AA.]		 The	Tax	Officer	shall	refund	to	an	operator	in	such	manner	
as	may	be	prescribed	3[the	amount	of	tax,	penalty	and	interest	(if	any)]paid	
by	such	operator	in	excess	of	the	amount	due	from	him.	The	refund	may	be	
either	by	cash	payment	or,	at	the	option	of	the	operator	by	deduction	of	such	
excess	from	3[the	amount	of	tax,	penalty	and	interest	(if	any)]	due	in	respest	
of	any	other	period:
			 Provided	that,	the	Tax	Officer	shall	first	apply	such	excess	towards	the	
recovery	of	any	amount	due	in	respest	of	which	notice	4[under	sub-section	
(1)	of	section	9	or,	as	the	case	may	be,	under	sub-section	(2)	of	section	9A]	
has	been	served	on	the	operator,	and	shall	then	refund	the	balance	(if	any).
1.			Section	9A	was	inserted	by	Guj.	6	of	1977,	s.2.
2.			Section	9A	which	was	inserted	by	Guj.	15	of	1963,	s.	3,	was	renumbered	as	section	9AA	by	Guj.	6	of	 	1977,	s.	2.
3.		 These	words	and	brackets	were	substituted	for	the	words	and	brackets	“the	amount	of	tax	and	penalty	(if	any)”	
by	Guj.	6	of	1977,	s.	3(1).
4.		 These	words,	brackets,	figures	and	letter	were	substituted	for	the	words.,	brackets	and	figures	“under	sub-
section	(1)	of	section	9’’,	ibid.,	s.3(2).
Liability of
operator to
pay interest.
Refund of 
excess
payments.
6 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 7
 10.		No	stage	carriage	shall	be	used	on	any	public	road	in	the	State-
	 	 (a) 			in	case	any	1[tax,	penalty	or	interest]	payable	in	respect	thereof	
remains	unpaid	for	more	than	fifteen	days	after	the	notice	of	demand	referred	
to in 2[section	9	or	section	9A]	has	been	served	on	the	operator,	until	such	
1[tax,	penalty	or	interest]	is	paid,	or
	 	 (b) 	in	case	returns	required	by	section	4	have	not	been	submitted,	
if	 daily	 	returns	 are	 required,	 for	 more	 than	 seven	 days,	 and	 if	 returns	 at	
less	frequent	intervals	have	been	prescribed,	for	such	number	of	times	and	
during	such	period	as	may	be	prescribed,	until	the	returns	are	submitted:
	 Provided 	 that	 the	 Tax	 Officer	 may,	 if	 the	 operator	 proves	 to	 his	
satisfaction	that	the	failure	to	submit	the	returns	referred	to	in	clause	(b)	was	
not	deliberate,	exempt	the	stage	carriage	from	the	operation	of	that	clause.
 11.	(1)	Any	operator	objecting	to	a	notice	of	demand	served	on	him	
under	section	9	3[or	under	section	9A]	may,	within	thirty	days	of	the	service	
thereof,	appeal	to	the	prescribed	authority:
	 Provided 	that	no	appeal	shall	be	entertained	unless	it	is	accompanied	
by	satisfactory	proof	of	the	payment	of	the	tax	admitted	by	the	appellant	to	
be	due.
	 	 (2) 	 The	 prescribed	 authority	 may,	 after	 giving	 the	 appellant	 an	
opportunity	of	being	heard,	pass	such	orders	on	the	appeal	as	it	thinks	fit.
 12.Every	 operator	 shall	 keep	 and	 maintain	 accounts	 and	 registers	 in	
such	forms	as	may	be	prescribed	in	respect	of	stage	carriages	and	the	fares	
collected	in	respect	of	passengers	travelling	therein.
 13.The	authority	prescribed	under	sub-section	(1)	of	section	11	or	the	
Tax	Officer	or	any	officer	empowered	in	this	behalf	by	the	State	Government	
may,	by	order,	require	any	operator	to	produce	such	accounts,	registers	and	
documents,	 and	 to	 furnish	 information	 relating	 to	 the	 stage	 carriages	 or	
the	 fares	 collected	 in	 respect	 of	 passengers	 travelling	 therein,	 as	 may	 be	
specified	in	the	order.
 14.	 (1) 		Any	Officer	authorised	by	the	State	Government	in	this	behalf	
may	at	all	reasonable	times	enter	into,	inspect	and	search	any	stage	carriage	
and	any	place	ordinarily	used	by	the	operator	for	garaging	such	vehicle	or	
keeping	 accounts	 of	 the	 business,	 for	 the	 purpose	 of	 seeing	 or	 verifying	
whether	the	provisions	of	this	Act	or	any	rules	made	thereunder	are	being	
complied	with.
	 	 (2) 	 All	 searches	 made	 under	 sub-section	 (1)	 shall	 be	 made in 
accordance	with	the	provisions	of	the	4[Code	of	Criminal	Procedure,	1973.].
1.	These	words	were	substituted	for	the	words	“	tax	or	penalty”	by	Guj.	6	of	1977,	s.	4(1).
2.		These	words,	figures	and	letter	were	substituted	for	the	words	and	figures	“section	9”,	ibid.,	s.	4(2).
3.		These	words,	figure	and	letter	were	inserted,	ibid.,	s.	5.
4.		These	words	and	figures	were	substituted	for	the	words	and	figures	“	Code	of	Criminal	Procedure,	1898”	by	
Guj.	11	of	2003,	s.4.
Restrictions
on the use of
stage
carriages in
certain
cases.
Appeal
against
demand.
Maintenance
of accounts
and registers.
Power to
order 
production of 
accounts.
Powers of 
entry and
inspection.
2 of 1974.
6 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 7
15.			(1)		Any	person	who-	
	 (a) 	being	an	operator,	submits	or	allows	to	be	submitted	an	incorrect	
or	incomplete	return	under	section	4	or	fails	to	submit	a	return	as	required	
under	that	section;	or
	 (b) 	being	an	operator,	fraudulently	evades	or	allows	to	be	evaded,	the	
payment	of	any	tax	due	from	him;	or
	 (c) 	 being	 an	 operator,	 fraudulently	 makes	 or	 allows	 to	 be	 made	 any	
wrong	 entry	 in,	 or	 fraudulently	 omits	 or	 allows	 to	 be	 omitted	 any	 entry	
from,	any	statement	submitted,	or	any	accounts	or	register	maintained	by	
him;	or
	 (d) 	wilfully	acts	in	contravention	of	any	of	the	provisions	of	this	Act	
or	 any	 rules	 made	 thereunder	 or	 any	 lawful	 orders	 passed	 in	 accordance	
therewith;
shall,	 on	 conviction,	 be	 punished	 with	 fine	 which	 may	 extend	 to	 one	
thousand	 rupees,	 and	 if	 the	 Magistrate	 so	 directs	 in	 his	 order,	 the	 person	
convicted	shall	pay	in	addition,	as	if	it	were	a	fine,	such	specified	amount	as	
the	Magistrate	may	determine	to	be	the	amount	which	the	person	convicted	
had	evaded	to	pay.
	 (2) 	No	offence	punishable	under	this	Act	shall	be	inquired	into	or	tried	
by	any	court	inferior	to	that	of	1[*					*	 			 *]	a	Magistrate	of	the	second	class.
 16.	 (1)	 Where	 an	 offence	 under	 this	 Act	 has	 been	 committed	 by	 a	
company,	 every	 person	 who	 at	 the	 time	 the	 offence	 was	 committed,	 was	
in	 charge	 of,	 and	 was	 responsible	 to	 the	 company	 for	 the	 conduct	 of	 the	
business	 of	 the	 company,	 as	 well	 as	 the	 company	 shall	 be	 deemed	 to	 be	
guilty	of	the	offence	and	shall	be	liable	to	be	proceeded	against	and	punished	
accordingly:
	 Provided 	 that	 nothing	 contained	 in	 this	 sub-section	 shall	 render	 any	
such	person	liable	to	any	punishment	provided	in	this	Act	if	he	proves	that	
the	offence	was	committed	without	his	knowledge	or	that	he	exercised	all	
due	diligence	to	prevent	the	commission	of	such	offence.
	 (2)Notwithstanding 	 anything	 contained	 in	 sub-section	 (1),	 where	 an	
offence	under	this	Act	 	has	been	committed	by	a	company	and	it	is	proved	
that	the	offence	has	been	committed	with	the	consent	or	connivance	of	or	
is	attributable	to	any	neglect	on	the	part	of,	any	director,	manager,	secretary	
or	other	officer	of	the	company,	such	director,	manager ,	secretary	or	other	
officer	shall	also	be	deemed	to	be	guilty	of	that	offence	and	shall	be	liable	
to	be	proceeded	against	and	punished	accordingly.
 Explanation.	-	For	the	purposes	of	this	section,-
	 (a) 		“company”	means	a	body	corporate,	and	includes	a	firm	or	other	
association	of	individuals;	and
	 (b) 			“director”	in	relation	to	a	firm	means	a	partner	in	the	firm.
1.		The	words	“	a	Presidency	Magistrate	or”	were	deleted	by	the	Gujarat	Adaptation	of	Laws	(State	and	Concurrent	
Subjects)	Order,	1960.
Offences
and penalties 
and 
competent
court.
Offences by
companies.
8 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 9
 17.	 (1)	 The	 Tax	 Officer	 may,	 either	 before	 or	 after	 institution	 of	
proceedings	for	any	offence	punishable	under	section	15,	accept	from	any	
person	 charged	 with	 such	 offence	 by	 way	 of	 composition	 of	 the	 offence,	
where	 the	 offence	 charged	 consists	 of	 the	 evasion	 of	 the	 tax,	 a	 sum	 of	
money	not	exceeding	double	the	amount	of	the	tax	recoverable,	in	addition	
to	the	amount	of	tax	so	recoverable;	and	in	other	cases,	a	sum	of	money	not	
exceeding	two	hundred	and	fifty	rupees.
	 	 (2) 	 On	 payment	 of	 such	 sum	 as	 may	 be	 determined	 by	 the	 Tax	
Officer,	under	sub-section	(1),	no	further	proceedings	shall	be	taken	against	
the	accused	person	in	respect	of	the	same	offence.
 18. All	 officers	 acting	 under	 this	Act	 shall	 be	 deemed	 to	 be	 public	
servants	within	the	meaning	of	section	21	of	the	Indian	Penal	Code.
 19.	 (1)	 No	 prosecution	 or	 other	 proceeding	 shall	 be	 instituted	 in	 a	
Criminal	 Court	 without	 the	 previous	 sanction	 of	 the	 State	 Government,	
against	 any	 officer	 or	 servant	 of	 the	 Government,	 for	 any	 act	 done	 or	
purporting	to	be	done	under	this	Act.
	 	 (2) 	No	officer	or	servant	of	the	Government	shall	be	liable	in	respect	
of	 any	 such	 act	 in	 any	 civil	 or	 criminal	 proceeding,	 if	 the	 act	 was	 done	
in	 good	 faith	 in	 the	 course	 of	 the	 execution	of	 duties	 or	 the	 discharge	 of	
functions	imposed	by	or	under	this	Act.
 20.	 No 		 suit	or	other	proceeding	shall	be	instituted	against	the	State	
and	no	suit,	prosecution	or	other	proceeding	shall	be	instituted	against	any	
officer	or	servant	of	the	Government	in	respect	of	any	act	done	or	purporting	
to	be	done	under	this	Act,	unless	the	suit,	prosecution	or	other	proceeding	is	
instituted	within	one	year	from	the	date	of	the	act	complained	of.
 21.	The	State	Government	may ,	by	notification	in	the	official Gazatte,	
exempt	 totally	 or	 partially	 from-payment	 of	 tax	 the	 passengers	 carried	
in	 stage	 carriages	 on	 such	 inter-State	 route	 as	 may	 be	 specified	 in	 the	
notification	 or	 carried	 by	 stage	 carriages	 operating	 in	 furtherance	 of	 any	
educational,	medical,	philanthropic	or	other	object.
 22.	(1)	The	State	Government	may	make	rules	to	carry	out	the	purposes	
of	this	Acts.
	 (2) 	In	 	 particular	and	without	prejudice	to	the	generality	of	the	foregoing	
power,	such	rules	may	provide	for		 	 	 	—
							 	 	 (a) 	the	officer	to	receive	returns	under	section	4	and	the	intervals,	
if	any,	at	which	returns	under	that	section	shall	be	submitted	and	the	period	
within	which	and	the	manner	in	which	such	officer	shall	forward	the	return	
to	the	Tax	Of ficer;
							 	 	 (b) 	the	maintenance	of	accounts	and	registers	and	the	submission	
of	returns	and	statements	by	operators;
	 							 (c) 	the	manner	of	serving	notices	of	demand	under	this	Act;
Composition
of offences.
Officers to
be public
servants.
XLV of 1860.
Bar of 
certain
proceedings.
Limitation
for suits and 
prosecutions.
Power to
exempt certain 
passengers 
from
payment of 
tax.
Power to
make rules.
8 Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958.            [1958 : Bom.LXVII 1958: Bom.LXVII]  Gujarat Motor Vehicles (Taxation of  Passengers) Act, 1958. 9
  (d)	the	duties	and	powers	of	officers	appointed	for	the	purpose	of	
enforcing	the	provisions	of	this	Act;
	 	 (e) 	 the	 authority	 to	 which	 an	 appeal	 may	 be	 preferred	 under	 sub-
section	(1)	of	section	11;
		 	 (f) 	generally	regulating	the	procedure;	to	be	followed	and	the	forms	
to	be	adopted	in	proceedings	under	this	Act;
	 	 (g) 	any	 	other	matter	which	is	required	or	allowed	by	this	Act	to	be	
prescribed.
	 (3) 	The	power	to	make	rules	conferred	by	this	section	shall,	except	on	
the	first	occasion	of	the	exercise	thereof,	be	subject	to	the	condition	of	the	
rules	being	made	after	previous	publication	for	a	period	of	not	less	than	one	
month.
	 (4) 	All	rules	made	under	this	section	shall	be	published	in	the	official 
Gazette	and	shall,	unless	some	later	date	is	appointed,	come	into	force	on	
the	date	of	such	publication.
SCHEDULE
(See	section		2.)
	 Area 	within	the	jurisdiction	of—
					 (1 )	 a 	Corporation	constituted	under			1[*													*											*]
the	Bombay	Provincial	Municipal	Corporations	Act,	1949,
 2[						*																															*																															*													],	or
         3[(2) a	municipality	constituted	or	deemed	to	be	constituted	under	the	
Gujarat	Municipalities	Act,	1963].
							 (3)	a	Cantonment	Board	constituted	under	the	Cantonments	Act,	1924.
1.	 The 	words	“the	Bombay	Municipal	Corporation	Act”	were	omitted	by	the	Gujarat	Adaptation	of	 	Laws	(State	
and	Concurrent	Subjects)	Order,	1960.
2.	 The 	words	“	or	the	city	of	Nagpur	Corporation	Act,	1948”	were	omitted,	ibid.
3.	 Item 	No.		(2)	was	substituted	by	Guj.	13	of	1972,	s.	4.
—————
PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
Bom. LIX 1949.
Guj. 34 of 1964.
II of 1924.

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