N.-W.F.P. (Seizure of Disposal of Motor Vehicles) Rules 1999

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NORTH‑WEST FRONTIER PROVINCE (SEIZURE AND DISPOSAL OF MOTOR VEHICLES) RULES, 1999

[Gazette of N.‑W. F. P. Extraordinary, 5th April, 1999]

No. SO(Taxation) FD/MVT‑18/99, dated 5‑4‑1999.‑‑In exercise of the powers conferred by section 43 read with subsection (4) of section 25 of the Provincial Motor Vehicles Ordinance, 1965 (N.‑W.F.P. Ord. No.XIX), the Government of North‑West Frontier Province is pleased, after taking into consideration the draft rules previously published with the Government of North‑West Frontier Province, Excise and Taxation Department, vide No. 94/A‑1/Seiz:Veh:‑‑Notification dated 5th December, 1998, to make the following rules.

1. Short title and commencement.‑‑‑(1) These rules may be called the North‑West Frontier Province (Seizure and Disposal of Motor Vehicles) Rules, 1999.

(2) They shall come into force at once. .

2. Definition.‑‑(1) In these rules, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to them, that is to say,‑‑

(a) "Deputy Director" means the Deputy Director Excise and Taxation, North‑West Frontier Province;

(b) "Director" means the Director, Excise and Taxation, North‑West Frontier Province;

(c) "District Officer" means the Motor Registering Authority/Excise and Taxation Officer of the District concerned and includes the Officer Incharge entrusted with the work of motor vehicles registration and taxation;

(d) "Form" Means a form appended to these rules;

(e) "Government" means the Government of the North‑West Frontier Province;

(f) "Secretary" means the Secretary to the Government of the North- West Frontier Province, Finance Department;

(g) "Motor Vehicle" means a motor vehicle as' defined in the Ordinance, which is seized, under second proviso to subsection (4) of section 25 of the Ordinance;

(h) "Officer" means an Officer of the Excise and Taxation Department not below the rank of Excise Inspector/Assistant Excise and Taxation Officer authorised by the Director; and

(i) "Ordinance" means the Provincial Motor Vehicles Ordinance, 1965.

(2) The words and expressions used in these rules, but not defined shall have the same meanings as assigned to them in the Ordinance.

  1. Any motor vehicle the registration certificate of which has been `cancelled under the first proviso to subsection (4) of section 25 of the Ordinance, or a motor vehicle the keeper of which fails to produce any valid documents in support of. his claim of ownership or possession over the vehicle to the satisfaction of the Excise and Taxation Officer, shall be taken into possession by the Officer.

  2. Government shall establish a warehouse at Peshawar, to be known as Excise Warehouse and shall, for the safe custody of vehicle seized under section 25 of the Ordinance, keep all such vehicles in the said warehouse.

  3. (1) 'The Officer, soon after taking possession of the vehicle under rule 3, shall prepare an inventory in Form "A" in quadruplicate. One copy of the receipt shall be given to the person from whom the vehicle is taken into possession while the second copy, alongwith the vehicle, shall immediately be sent to the officer incharge of the warehouse for safe parking of the vehicle The third copy shall forthwith be sent to the District Officer, alongwith a brief report, who shall inform the Director, Excise and Taxation accordingly. The fourth copy of the receipt shall be kept by the officer for his own record.

(2) On receipt of Form "A" and the vehicle the officer incharge of the warehouse shall enter Form "A" and other particular of the vehicle in a separate register to be maintained by him in Form "B", and shall be responsible for the safe custody of the vehicle till its disposal in accordance with these rules. .

  1. (1) The District Officer on receipt of the report under rule 5(1), shall issue notice to the owner or keeper through registered post with acknowledgement due, asking him to appear before him within two weeks and establish that he is bona fide owner/possessor of the vehicle.

(2) In case the owner or keeper appears and advances him claim regarding the ownership for the vehicle seized, the District Officer shall finalize his claim and decide the case within two weeks time after hearing both the sides. If for some unavoidable reason the proceedings cannot be finalized within two weeks time, the case shall be referred to the Director, Excise and Taxation for extension of time, who may grant extension for a period not more than thirty days.

(3) If the owner or possessor establishes that he is rightful owner or possessor of the vehicle, the District Officer shall, under his seal, direct the Officer Incharge of the warehouse to deliver the vehicle to him under intimation to the Officer who seized the vehicle.

  1. In case the owner or keeper of the vehicle fails to respond to the notice given to him under sub‑rule (1) of rule 6, or fails to establish his bona fide ownership with regard to the vehicle, the District Officer shall issue .a proclamation specifying the full particulars of the vehicle arid require any person who may have any claim whatsoever, thereto,, to appear before him for establishing his claim within two weeks time from the date of issue of such a proclamation. The proclamation shall be made in such manner as to ensure its wide publicity.

  2. If no claim is received pursuant to the proclamation made under rule 7, or if received and the claimant is unable to prove his bona fide ownership to the vehicle. the District Officer shall record his order for confiscation of the vehicle and confiscate the same in favour of Government and subject to rule 9, dispose of the vehicle by way of gale in an open auction through an auction committee to be constituted by Government. The sale proceeds thereof shall, after clearance of the dues of the Customs Department, if any in the form of customs duty sale tax, Iqra tax, etc., be paid into Government Treasury under the Provincial Receipt head "0200000 Indirect Taxes‑0280000‑Motor Vehicle‑0281000‑Sale proceeds of auctioned item (Motor Vehicle)" .

  3. (1) Any body aggrieved from the order of the District Officer may prefer an appeal to the Director, within 30 days of the order appealed against and ‑the orders passed by the Director shall, subject to sub‑rule (2) be final:‑ .

Provided that no order on the appeal shall be passed without giving both the sides an opportunity of being heard.

(2) Government may, on .its own accord or on a revision petition filed with it by any claimant within 60 days of the orders of the Director call for the record of the case and may pass‑such orders as it deems fit.

EXCISE AND TAXATION DEPARTMENT, N.‑W.F.P. (DISTRICT)

FORM ‑ A

[See Rule 5(1)]

  1. Name and particulars of the. Owner----------------

  2. Registration Mark of the Vehicle----------------

  3. Class of Vehicle----------------

  4. Make/Model of the vehicle----------------

  5. Chassis No. ----------------

  6. Engine No. ----------------

  7. Name, parentage and full address of the person from whom the vehicle was recovered----------------

  8. Place/Location, where the vehicle was seized----------------

  9. Date and time of Seizure----------------

Note‑: .The . Owner/Keeper is directed to attend the office of the District Officer (MRA) on, ----------------to pursue his case as required under the rules.

SIGNATURE/LTI OF THE SIGNATURE AND FULL NAME/

PERSON FROM WHOM THE DESIGNATION OF THE OFFICER'

VEHICLE IS TAKEN OVER SEIZING THE VEHICLE

N.I.C. No. ----------------

FORM ‑ B

[See Rule 5(2)]

REGISTER SHOWING MOTOR VEHICLES SEIZED/DISPOSED OF UNDER SECOND PROVISO TO SECTION 25(4) MOTOR VEHICLE ORDINANCE, 1965, MAINTAINED IN THE EXCISE WAREHOUSE

S. No. Date of Registration Make and Class of Chassis/ Name of owner Disposal of Seizure Mark of the Model of Vehicle Engine No. or keeper the case with vehicle the vehicle from whom Desig. and Sig seized nature of the

District Officer

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