Finance ACt – 1995

Arrangement of Sections

1. Short title.

PART I

Repealed

2. Repealed.

PART II

Imposition of a Luxury Motor Vehicle Levy, Semi-luxury Motor
Vehicle Levy and Semi-Luxury Dual Purpose Motor Vehicle Levy

3. Annual luxury motor vehicle levy.

4. Annual semi-luxury motor vehicle levy.

5. Annual semi-luxury dual purpose motor vehicle levy.

5A. Amendment of rates of luxury, semi luxury and semi-luxury dual purpose motor vehicle levies by Resolution of Parliament.

 

PART III

Collection of Levy

6. Levy to include luxury motor vehicle levy, semi-luxury motor vehicle levy and semi-luxury dual purpose motor vehicle levy.

7. Registered owner to pay the levy.

7A. Exemption from diesel motor vehicle levy for non-user.

8. Insurer to collect the levy.

8A. When registered owner is the State of a Local Authority.

9. Registered owner to prove payment of the levy.

10. Notice to defaulter.

10A. Power of Commissioner to waive or reduce penalty.

10B. Power of Commissioner to set off or refund penalty.

11. Recovery of Levy.

PART IV

Miscellaneous

12. Repealed.

13. Regulations.

14. Exemptions.

15. Administration.

16. Traditional provisions.

17. Interpretation.

CHAPTER II

Imposition and Collection of Cess on Textiles and Textile Products
Exported Under a Textile Quota Allocation

18. Levy of cess on textiles and textile products exported under textile quota allocation.

19. Cess to be paid to the relevant authority.

20. Default of the payment of cess.

21. Cess to be credited to consolidated Fund.

22. Validation of cess imposed under section 18.

23. Transitional provisions.

24. Interpretation.

25. Sinhala text to prevail in case of inconsistency.

SCHEDULES

16 of 1995,

24 of 1999,

4 of 2003,

15 of 2011,

12 of 2012,

12 of 2013.

AN ACT to enact the provisions of law necessary to give legal force to certain proposals financial and otherwise for the Financial Year commencing on January 1.

[Date of Commencement: 31st August, 1995]

1. Short title.

This Act may be cited as the Finance Act.

Part I

CHAPTER I

[PART I rep by s 2 of Act 4 of 2003.]

2. .

[S 2 rep by s 2 of Act 4 of 2003.]

PART II

Imposition of a Luxury Motor Vehicle Levy, Semi-luxury Motor Vehicle Levy and Semi-Luxury Dual Purpose Motor Vehicle Levy

3. Annual luxury motor vehicle levy.

(1) There shall be charged, levied and paid, on every luxury motor vehicle (other than a semi-luxury dual purpose motor vehicle or a wagon)­—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995, but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the First Schedule to this Act;

(b) where the first year of registration or the payment due date of any year, falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the First Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the First Schedule to this Act,

a luxury motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the luxury motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the luxury motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the First Schedule to this Act;

Provided further , such luxury motor vehicle levy shall not be charged in respect of any luxury motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 3 subs by s 6 of Act 12 of 2012.]

4. Annual semi-luxury motor vehicle levy.

(1) There shall be charged, levied and paid, on every semi-luxury motor vehicle (other than a semi-luxury dual purpose motor vehicle or a wagon)—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995,but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the Second Schedule to this Act;

(b) where the first year of registration or the payment due date of any year falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the Second Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the Second Schedule to this Act,

a semi-luxury motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the semi-luxury motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the semi-luxury motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the Second Schedule to this Act:

Provided further, such semi-luxury motor vehicle levy shall not be charged in respect of any semi-luxury motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 4 subs by s 7 of Act 12 of 2012.]

5. Annual semi-luxury dual purpose motor vehicle levy.

(1) There shall be charged, levied and paid, on every semi-luxury dual purpose motor vehicle (other than a wagon)—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995, but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the Third Schedule to this Act;

(b) where the first year of registration or the payment due date of any year falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the Third Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the Third Schedule to this Act,

a semi-luxury dual purpose motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the semi-luxury dual purpose motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the semi-luxury dual purpose motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the Third Schedule to this Act:

Provided further, such semi-luxury dual purpose motor vehicle levy shall not be charged in respect of any semi-luxury dual purpose motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(1A) Notwithstanding the preceding provisions of this section such semi-luxury dual purpose motor vehicle levy shall not be charged, with effect from January 1, 2013, in respect of a light truck registered as a dual purpose vehicle under the Motor Traffic Act.

[S 5(1A) ins by s 2 of Act 12 of 2013.]

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 5 subs by s 8 of Act 12 of 2012.]

5A. Amendment of rates of luxury, semi luxury and semi- luxury dual purpose motor vehicle levies by Resolution of Parliament.

(1) The Parliament may by Resolution amend the rates of the—

(a) luxury motor vehicle Levy, set out in Part I, Part II and Part III of the First Schedule hereto;

(b) semi-luxury motor vehicle Levy, set out in Part I, Part II and Part III of the Second Schedule hereto;

(c) semi-luxury dual purpose motor vehicle Levy, set out in Part I, Part II and Part III of the Third Schedule hereto,

by increasing or decreasing the amount payable as levy.

[S 5A(1) ins by s 9 of Act 12 of 2012.]

(2) Upon the resolution seeking to amend the rates, being approved by the Parliament in accordance with the Standing Orders of the Parliament, the Secretary to the Ministry of the Minster shall publish a Notification in the Gazette setting out the rates as amended.

[S 5A(2) ins by s 9 of Act 12 of 2012.]

PART III

Collection of Levy

6. Levy to include luxury motor vehicle levy, semi-luxury motor vehicle levy and semi-luxury dual purpose motor vehicle levy.

For the purposes of this Part of this Chapter "levy” includes the luxury motor vehicle levy, semi luxury motor vehicle levy and semi luxury dual-purpose motor vehicle levy.

[S 6 am by s 6 of Act 24 of 1999; s 3(1) of Act 4 of 2003.]

7. Registered owner to pay the levy.

Subject to the provisions of section 8, the registered owner of every specified motor vehicle shall pay the levy payable by him for any year, commencing on or after April 1, 1995, on or before the relevant date, to the Commissioner.

7A. Exemption from diesel motor vehicle levy for non-user.

The Commissioner may exempt the registered owner of a motor vehicle from the payment of the whole or any part of
the diesel motor vehicle levy payable by such registered owner for any year, where he is satisfied that such registered owner has given a notice of non-user for a period exceeding six months in respect of that year, under section 37 of the Motor Traffic Act or any corresponding provision in any statute of a Provincial Council relating to Motor Traffic.

[S 7A ins by s 7 of Act 24 of 1999.]

8. Insurer to collect the levy.

(1) Every insurer who insures or renews an insurance policy in respect of any specified motor vehicle shall—

(a) at the time at which he insures or renews an insurance policy in respect of a specified motor vehicle, collect from the registered owner of such vehicle an amount equal to the levy payable by such registered owner, on such specified motor vehicle;

(b) remit the amount so collected to the Commissioner on or before the fifteenth day of the month immediately succeeding the month in which the amount was collected, together with a declaration in such form and containing such particulars as may be specified by the Commissioner.

(2) Every insurer who collects any amount in accordance with the provisions of subsection (1), shall duly acknowledge the receipt of the amount so collected, in such manner as may be specified by the Commissioner.

(3) Any amount collected by any insurer from any registered owner of a specified motor vehicle in accordance with the provisions of subsection (1), shall be deemed to have been paid to the Commissioner by such registered owner on the date on which such insurer collected such amount.

(4) Notwithstanding anything in any other law, any amount collected by any insurer under the preceding provisions of this section and insurer for remittance to the Commissioner shall be deemed not to be such property of such insurer is liable to execution or administration in the event of the bankruptcy, liquidation or dissolution of the business of such insurer or to assignment for the benefit of creditors and such amount shall retain apart from, and form no part of, the estate in liquidation or assignment of such insurer.

(5) Where any insurer fails to collect, from any registered owner of a specified motor vehicle the levy required to be collected from such registered owner under this Act or where any insurer has collected such amount and has not remitted the amount so collected to the Commissioner on or before the fifteenth day of the month immediately succeeding the month in which such amount was collected, such insurer shall be liable to the amount he was required to collect under the provisions of this Act but has not collected, or as the case may be, for the amount or part thereof, collected and not remitted to the Commissioner and such amount not collected or collected and not remitted, as the case may be, shall be deemed to be in default from the day following the day on which such amount was required to have been remitted to the commissioner and such insurer shall be deemed to be a defaulter, with the meaning of this Act with effect from such date.

(6) Where any insurer is deemed to be a defaulter, under the provisions of subsection (5), the amount of the levy in default, may be recovered from such insurer, in the manner provided for in section 10 and section 11.

8A. When registered owner is the State of a Local Authority.

Notwithstanding the provisions of subsection (1) of section 8, where the registered owner of any specified motor vehicle is the State or a Local Authority as the case may be, such registered owner may pay the levy to any insurer and the provisions of subsections (2), (3). (4), (5), (6) of section 8 and section 9 shall, mutatis mutandis, apply to, and in relation to, such payment.

[S 8A ins by s 8 of Act 24 of 1999.]

9. Registered owner to prove payment of the levy.

(1) The registered owner of every specified motor vehicle shall produce to the insurer at the time he applies for the issue or renewal of an insurance policy in respect of such motor vehicle for any year, proof of payment of the levy in respect of that specified motor vehicle for that year and the preceding year.

(2) Where the registered owner fails to show proof of payment of any levy referred to in subsection (1), the insurer shall notify the Commissioner forthwith of such nonpayment.

[S 9 subs by s 9 of Act 24 of 1999.]

10. Notice to defaulter.

(1) Where the levy payable by the registered owner of a specified motor vehicle, for any year commencing on or after April 1, 1995, is not paid by him on or before the relevant date, the levy shall be deemed to be in default and such registered owner shall be deemed to be a defaulter with effect from such date.

(2) Where any levy is deemed to be in default by reason of the operation of subsection (1), the defaulter shall, in addition to the levy, be liable to pay a penalty of an amount equal to fifty per centum of the levy:

Provided however, if the amount so defaulted is paid by the registered owner of a specified motor vehicle before the expiry of sixty days from the relevant date or the end of the year in respect of which the levy is payable, whichever is earlier, such penalty shall not be charged from such registered owner.

[S 10(2) proviso ins by s 10 of Act 12 of 2012.]

(3) Where any levy payable under this Chapter of this Act is in default, the Commissioner shall before proceeding to recover such levy as provided in section 11, require the defaulter by notice, in writing to pay the levy in default and any penalty added thereto within specified in such notice.

[S 10(3) am by s 10(1) of Act 24 of 1999.]

(4) A notice shall be deemed to have been duly served on a defaulter where he is—

(a) a registered owner of any specified motor vehicle, if such notice was served on him personally or was sent by registered post addressed to him at the address set out in the Certificate of Registration of that vehicle; or

(b) an insurer, if such notice was served on him personally or was sent by registered post addressed to him at his registered office or principal place of business, and in the case of a notice sent to a defaulter by registered post, the notice shall be deemed to have been received by the defaulter on the date on which it would ordinarily be delivered to him.

[S 10(4) subs by s 10(2) of Act 24 of 1999.]

10A. Power of Commissioner to waive or reduce penalty.

The Commissioner may waive or reduce the amount of any penalty payable by a registered owner under subsection (2) of section 10, if the Commissioner is satisfied that the failure of the registered owner to pay the levy before the relevant date was due to circumstances beyond his control and that waiver or reduction of such penalty is just and equitable in ail the circumstances of the case.

[S 10A ins by s 11 of Act 24 of 1999.]

10B. Power of Commissioner to set off or refund penalty.

Where the registered owner of a motor vehicle has paid a penalty respect of a levy which is deemed to be in default the Commissioner may—

(a) set off the penalty paid by such registered owner against the levy payable by him for any succeeding year;

(b) refund the penalty paid by such registered owner

where the Commissioner is satisfied that the failure of the registered owner to pay the levy before the relevant date was due to circumstances beyond his control and the set off or refund of the penalty paid by such registered owner is just and equitable in all the circumstances of the case.

[S 10B ins by s 11 of Act 24 of 1999.]

11. Recovery of Levy.

Where the amount of the levy and any penalty added thereto, has not been paid before the expiry of the date referred to in a notice sent under section 10, the Commissioner may issue a certificate, containing the amount of such levy and any penalty added thereto, and the name and last known place of residence of the defaulter to a Magistrate having jurisdiction in the division in which such place is situated. The Magistrate shall thereupon summon such defaulter before him to show cause why further proceedings for the recovery of the levy and any penalty added thereto, should not be taken against him and in default of sufficient cause being shown the levy in default and any penalty added thereto, shall be deemed to be a fine imposed by a sentence of the Magistrate on such defaulter for an offence punishable with fine only, not punishable with imprisonment, and the provisions of subsection (1) of section 291 (except paragraphs (a), (d) and (i) thereof) of the Code of Criminal Procedure Act. No. 15 of 1979, relating to default of payment of a fine imposed for such an offence shall thereupon apply and the Magistrate may make any direction which, by the provisions of that subsection, he could have made at the time of imposing such sentence.

[S 11 subs by s 12 of Act 24 of 1999.]

PART IV

Miscellaneous

12. .

[S 12 rep by s 13 of Act 24 of 1999.]

13. Regulations.

(1) The Minister may make regulations in respect of matters required by this Act to be prescribed.

(2) Every regulation under subsection (1) shall come into force on the date of its publication in the Gazette or on such later date as may be specified in such regulation and shall be brought before Parliament within a period of three months from the date of the publication of such regulation in the Gazette, or, if no meeting of Parliament is held within such period, at the first meeting of Parliament held after the expiry of such period, by a motion that such regulation shall be approved. There shall be set out in a Schedule to every such motion the text of the regulation to which the motion refers.

(3) Any regulation under subsection (1) which Parliament refuses to approve shall, with effect from the date of such refusal, be deemed to be revoked but without prejudice to the validity of anything done thereunder, Notification of the date on which any such regulation is deemed to be revoked shall be published in the Gazette.

For the purposes, of this section a "specified international organisation” means an organisation which is specified as such by the Minister in consultation with the Minister in charge of the subject of Finance, by Notice published in the Gazette.

14. Exemptions.

The provisions of this Chapter shall not apply to the registered owner of any specified motor vehicle where such registered owner is the Government of any foreign state or, the United Nations or any of its agencies or the representative in Sri Lanka, not being a citizen of Sri Lanka, (by whatsoever name, title or designation called) of the Government of any foreign state or of the United Nations or any of its agencies or the Trade Commissioner Consular Officer in Sri Lanka of any such Government or of the United Nations or any of its agencies or any person, not being a citizen of Sri Lanka, on the staff of any such representative or Commissioner or Consular officer of any such Government of any such foreign state or of the United Nation or of any of its agencies, or any specified international organization or its representative not being a citizen of Sri Lanka.

15. Administration.

The Commissioner shall be in charge of the administration of this Act.

16. Traditional provisions.

Where the registered owner of a specified motor vehicle is required to pay, on or after April 1,1995, but prior to the date of commencement of this Act, a levy in reject of such motor vehicle, such registered owner shall be deemed for all purposes, to have complied with such requirement, if he pays the levy to the Commissioner on or before September 5, 1996, where such levy shall be deemed to be in default after the expiration of such date and such registered owner shall be deemed to be an defaulter within the meaning of this act with effect from such date. Where any such levy is not so paid, such levy shall be deemed to be in default after the expiration of a period of three months from the date of commencement of this Act, and such registered owner shall be deemed to be a defaulter within the meaning of this Act with effect from such date.

[S 16 am by s 14 of Act 24 of 1999.]

17. Interpretation.

In this Chapter of this Act, unless the context otherwise requires—

"Commissioner” means the Commissioner of Motor Traffic appointed under the Motor Traffic Act;

"diesel motor vehicle” means a motor vehicle which uses, or is adapted to use diesel;

"dual purpose vehicle” shall have the same meaning assigned to it under the Motor Traffic Act;

[Ins by s 3(1) of Act 12 of 2013.]

"insurer” means the Sri Lanka Insurance Corporation Limited incorporated as a public company under the Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act, No. 23 of 1987 by Order published in Gazette Extraordinary 754/7 of February 16, 1993 or a subsidiary or independent corporation established under the Insurance (Special Provisions) Act, No. 22 of 1979 or any company registered under the Control of Insurance Act, No. 25 of 1962 as being authorised to transact insurance business;

"land vehicle” means any motor vehicle adapted for the use on any terrain, the model and the cylinder capacity of which is prescribed;

"light truck” means a dual purpose vehicle with a driver's compartment having a single row accommodation along the same transverse axis for the driver and passenger, adapted or constructed wholly or mainly for the purpose of carriage of goods;

[Ins by s 3(2) of Act 12 of 2013.]

"luxury motor vehicle” means any diesel motor vehicle, the cylinder capacity of which exceeds 2,500 or a petrol motor vehicle the cylinder capacity of which exceeds 2,000 c.c. other than a land vehicle;

"Minister” means the Minister in charge of the subject of transport;

"invalid carriage”, "motor ambulance”, "motor cycle”, "motor hearse”, "motor tricycle” "omnibus and private coach” shall have the respective meanings assigned to them by the Motor Traffic Act—

[Subs by s 15(1) of Act 24 of 1999.]

"motor vehicle” means any mechanically propelled vehicle, not being a motor cycle, motor tricycle, motor ambulance, motor hearse or invalid carriage, lorry, omnibus, private coach, tractor, hand tractor or trailer, which is constructed or adapted for the carriage of not more than ten persons (including the driver) and their effects;

[Am by s 15(2) of Act 24 of 1999.]

"registered” means registered under the Motor Traffic Act;

"Relevant date”—

(a) in relation to a specified motor vehicle registered on or after April 1, 1995 and the year in which it is registered, means the date on which such specified motor vehicle is registered;

(b) in relation to a specified motor vehicle registered on or after April 1, 1995 and any year subsequent to the year in which it is registered means the date in such subsequent year which corresponds to the date on which such specified motor vehicle was registered or where there is no corresponding date in such subsequent year, the date in such subsequent year which corresponds to the data succeeding the date on which such specified motor vehicle was
registered;

(c) in relation to a specified motor vehicle registered before April 1, 1995 and any year commencing on or after April 1, 1995, means the date in such year which corresponds to the date on which such specified motor vehicle was registered or where there is no corresponding date in such year, the date in such year which corresponds to the date succeeding the date on which such specified motor vehicle was registered;

"semi-luxury dual purpose motor vehicle” means a luxury motor vehicle or semi-luxury motor vehicle which is registered as a dual purpose vehicle under the Motor Traffic Act;

[Subs by s 3(3) of Act 12 of 2013.]

"semi luxury motor vehicle” means any diesel motor vehicle the cylinder capacity of which exceeds 2,200 c.c. but does not exceed 2,500 c.c. or a petrol motor vehicle the cylinder capacity of which exceeds 1,800 c.c. but does not exceed 2,000 c.c.; and shall be deemed to include a land vehicle;

"specified motor vehicle” means any luxury motor vehicle, any semi luxury motor vehicle or any semi luxury dual purpose motor vehicle;

[Subs by s 4 of Act 4 of 2003.]

"wagon” means a motor vehicle designed as a single unit and constructed or adapted for the purpose of transporting passengers or goods or passengers and goods.

"year” means the period of twelve months commencing on April 1st of any year and ending on March 31st of the succeeding year.

"petrol motor vehicle” means a motor vehicle which uses or is adapted to use petrol;

CHAPTER II

Imposition and Collection of Cess on Textiles and Textile Products Exported Under a Textile Quota Allocation

18. Levy of cess on textiles and textile products exported under textile quota allocation.

There shall be charged, levied and paid, with effect from April 1, 1995, on every textile and textile product exported from Sri Lanka, under a textile quota allocation, a cess at such rates as are set out in the Fourth Schedule to this Act.

19. Cess to be paid to the relevant authority.

(1) The cess payable under section 18 on any textile or textile product exported under a textile quota allocation, shall be paid to the relevant authority, by the registered exporter to whom such textile quota allocation has been issued. Such cess shall be paid by such registered exporter after he has exported such textile or textile product and at the time he applies to the relevant authority, for an export licence or other documentation to prove that such export was under a textile quota allocation.

(2) The relevant authority shall acknowledge in the manner specified by the authority, all cesses received by him under this Act.

20. Default of the payment of cess.

Where the registered exporter fails or refuses to pay any cess he is liable to pay under section 18, to the relevant authority, at the time he applies for the licence or other documentation referred to in section 19, it shall be lawful for the relevant authority to refuse to issue such licence or other documentation to such registered exporter and for the Textile Quota Board to cancel any textile quota allocation issued to such registered exporter and for the time being in force.

21. Cess to be credited to consolidated Fund.

The relevant authority shall cause all cesses collected by him under this Act to be credited to the Consolidated Fund.

22. Validation of cess imposed under section 18.

All cesses payable under this Act on textile and textile products exported from Sri Lanka, after April 1, 1995 and prior to the date of commencement of this Act, and recovered from a registered exporter prior to the date of commencement of this Act, shall be deemed for all purposes, to have been, and to be validly recovered.

23. Transitional provisions.

A registered exporter liable to pay any cess under this Act on any textile or textile product exported by him during the period commencing on April 1, 1995 and ending on the date of commencement of this Act, shall pay such cess to the relevant authority, within three months of the date of commencement of this Act. Where a registered exporter fails to pay such cess within such period, the Textile Quota Board may cancel any textile quota allocation issued to such registered exporter and for the time being in force.

24. Interpretation.

In this Chapter of this Act under the context otherwise requires—

"Board of Investment of Sri Lanka” means the Board of Investment of Sri Lanka established by the Board of Investment of Sri Lanka Law, No. 4 of 1978;

"Registered exporter” means an exporter of textile and textile products registered with the Ministry of the Minister in charge of the subject of Textile Industries or the Board of Investment of Sri Lanka, as the case may be;

"Relevant authority”—

(a) in relation to an exporter registered with the Board of Investment of Sri Lanka, means the Director-General of the Board of Investment of Sri Lanka: and

(b) in relation to an exporter registered with the Ministry of the Minister in charge of the subject of Textile Industries, means the Secretary to such Ministry;

"Textile export quota” means the entitlement to export, from Sri Lanka to any other country, a specified quantity of textiles and textile products, during a specified period of time, under, and in accordance with, an agreement between the Government of Sri Lanka and the Government of that other country;

"Textile product” means a product made out of any or all of the following: cotton, wools, man-made fibre, silk blend fibre or other vegetable fibre;

"Textile quota allocation” means any authorisation issued by the Textile Quota Board enabling a registered exporter to export to another country, a specified quantity of textiles or textile products, during a specified period of time, under the textile export quota applicable to that country ;

"Textile Quota Board” means the Textile Quota Board appointed by the Minister to administer and manage the textile export quota and includes a subcommittee thereof.

25. Sinhala text to prevail in case of inconsistency.

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

SCHEDULES

FIRST SCHEDULE

[Section 3]

RATES OF LEVY ON LUXURY MOTOR VEHICLES

PART I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 12(1) of Act 15 of 2011.]

Year

Rate Rs.

For the year in which such luxury motor vehicle is registered (being a year commencing on or after April 1, 1995).

50,000

For the first year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

45,000

For the second year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

40,000

For the Third year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

35,000

For the Fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1,1995).

30,000

For the Fifth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

25,000

For the sixth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

30,000

For the seventh year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

Nil

EXAMPLE

A luxury motor vehicle is registered on August 1, 1991 the levy payable on such luxury motor vehicle for the year commencing on April 1, 1995 (which is the fourth year of succeeding the year of registration) is Rs. 30,000.

A luxury motor vehicle is registered on August 1, 1955, the levy payable on such luxury vehicle for the year commencing on April 1, 1955 is Rs. 50,000.

A luxury motor vehicle is registered on August 1, 1996, the levy payable on such luxury motor vehicle for the year commencing on April 1, 1997 (which is the first year succeeding the year of registration) is Rs. 45,000.

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such luxury motor vehicle is registered (being a year commencing on or after January 1, 2011)

100,000

2

For the first year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

78,750

3

For the second year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

68,000

4

For the third year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

57,750

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

48,000

6

For the fifth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

38,750

7

For the sixth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

30,000

8

For the seventh year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[First schedule PART-II ins by s 12(2) of Act 15 of 2011; heading subs by s 11(1) of Act 12 of 2012.]

EXAMPLE

(a) A luxury motor vehicle is registered on August 1, 2007, the levy applicable on such luxury motor vehicle for the year commencing on April 1, 2010 (which is the third year succeeding the year of registration) is Rs. 35,000.

(b) A luxury motor vehicle is registered on August 1, 2011, the levy applicable on such luxury motor vehicle for that year (which is the year of registration) is Rs. 100,000.

(c) A luxury motor vehicle is registered on August 1, 2012, the levy applicable on such luxury motor vehicle for the year commencing on April 1, 2013 (which is the first year succeeding the year of registration) is Rs. 100,000.

[Subs by s 11(2) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

 

Year

Rate Rs.

1

For the year in which such luxury motor vehicle is registered (being a year commencing on or after November 22, 2011)

150,000

2

For the first year succeeding the year in which such luxury motor vehicle is registered

100,000

3

For the second year succeeding the year in which such luxury motor vehicle is registered

75,000

4

For the third year succeeding the year in which such luxury motor vehicle is registered

60,000

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered

50,000

6

For the fifth year succeeding the year in which such luxury motor vehicle is registered

40,000

7

For the sixth year succeeding the year in which such luxury motor vehicle is registered

30,000

8

For the seventh year succeeding the year in which such luxury motor vehicle is registered

Nil.

[First schedule Part III ins by s 11(3) of Act 12 of 2012.]

SECOND SCHEDULE

[Section 4]

RATES OF LEVY ON SEMI-LUXURY MOTOR VEHICLES

PART I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 13(1) of Act 15 of 2011.]

Year

Rate Rs

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after April 1, 1995)

25,000

For the first year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

22,500

For the Second year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

20,000

For the Third year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

17,500

For the Fourth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

15,000

For the Fifth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

12,500

For the Sixth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

10,000

For the Seventh year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

Nil

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after January 1, 2011)

50,000

2

For the first year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

39,375

3

For the second year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

34,000

4

For the third year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

28,875

5

For the fourth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

24,000

6

For the fifth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

19,375

7

For the sixth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

15,000

8

For the seventh year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[Second Schedule PART-II ins by s 13(2) of Act 15 of 2011; heading subs by s 12(1) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

 

Year

Rate Rs.

1

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after November 22, 2011)

60,000

2

For the first year succeeding the year in which such semi-luxury motor vehicle is registered

50,000

3

For the second year succeeding the year in which such semi-luxury motor vehicle is registered

40,000

4

For the third year succeeding the year in which such semi-luxury motor vehicle is registered

30,000

5

For the fourth year succeeding the year in which such semi-luxury motor vehicle is registered

25,000

6

For the fifth year succeeding the year in which such semi-luxury motor vehicle is registered

20,000

7

For the sixth year succeeding the year in which such semi-luxury motor vehicle is registered

15,000

8

For the seventh year succeeding the year in which such semi-luxury motor vehicle is registered

Nil

[Second Schedule PART-III ins by s 12(2) of Act 12 of 2012.]

THIRD SCHEDULE

[Section 5]

RATES OF LEVY ON SEMI LUXURY DUAL PURPOSE MOTOR VEHICLES

PART – I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 14(1) of Act 15 of 2011.]

Year

Rate Rs.

For the year in which such semi- luxury dual purpose motor vehicle is registered (being a year commencing on or After 1, 1955)

10,000

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

9,000

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

8,000

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

7,000

For the fourth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

6,000

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

5,000

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

4,000

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

Nil

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such semi-luxury dual purpose motor vehicle is registered (being a year commencing on or after January 1, 2011)

20,000

2

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after
January 1, 2011)

15,750

3

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

13,600

4

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

11,550

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

9,600

6

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

7, 750

7

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

6,000

8

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[Third schedule PART-II ins by s 14(2) of Act 15 of 2011; heading subs by s 13(1) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

[Third schedule PART-III ins by s 13(2) of Act 12 of 2012.]

 

Year

Rate Rs.

1

For the year in which such semi-luxury dual purpose motor vehicle is registered (being a year commencing on or after November 22, 2011)

40,000

2

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

25,000

3

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

20,000

4

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

12,000

5

For the fourth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

10,000

6

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

8,000

7

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

6,000

8

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

Nil

FOURTH SCHEDULE

[Section 18]

THE RATES OF CESS ON TEXITLE PRODUCTS

Textile Product

Rate

Apparel and other Textile and textile products not being underwear

Rs. 12 per dozen

Gloves

Rs. 12 per ten

Textile or Textile products exported in square meters

Rs. 3 per ten square meter

Textile and Textiles products exported by weight

Rs. 2 per kilogram

Towels and pillow cases

Rs. 12 per forty pieces

Under wear

Rs. 12 per five dozens

AN ACT to enact the provisions of law necessary to give legal force to certain proposals financial and otherwise for the Financial Year commencing on January 1.

Finance ACt – 1995

Arrangement of Sections

1. Short title.

PART I

Repealed

2. Repealed.

PART II

Imposition of a Luxury Motor Vehicle Levy, Semi-luxury Motor
Vehicle Levy and Semi-Luxury Dual Purpose Motor Vehicle Levy

3. Annual luxury motor vehicle levy.

4. Annual semi-luxury motor vehicle levy.

5. Annual semi-luxury dual purpose motor vehicle levy.

5A. Amendment of rates of luxury, semi luxury and semi-luxury dual purpose motor vehicle levies by Resolution of Parliament.

 

PART III

Collection of Levy

6. Levy to include luxury motor vehicle levy, semi-luxury motor vehicle levy and semi-luxury dual purpose motor vehicle levy.

7. Registered owner to pay the levy.

7A. Exemption from diesel motor vehicle levy for non-user.

8. Insurer to collect the levy.

8A. When registered owner is the State of a Local Authority.

9. Registered owner to prove payment of the levy.

10. Notice to defaulter.

10A. Power of Commissioner to waive or reduce penalty.

10B. Power of Commissioner to set off or refund penalty.

11. Recovery of Levy.

PART IV

Miscellaneous

12. Repealed.

13. Regulations.

14. Exemptions.

15. Administration.

16. Traditional provisions.

17. Interpretation.

CHAPTER II

Imposition and Collection of Cess on Textiles and Textile Products
Exported Under a Textile Quota Allocation

18. Levy of cess on textiles and textile products exported under textile quota allocation.

19. Cess to be paid to the relevant authority.

20. Default of the payment of cess.

21. Cess to be credited to consolidated Fund.

22. Validation of cess imposed under section 18.

23. Transitional provisions.

24. Interpretation.

25. Sinhala text to prevail in case of inconsistency.

SCHEDULES

16 of 1995,

24 of 1999,

4 of 2003,

15 of 2011,

12 of 2012,

12 of 2013.

AN ACT to enact the provisions of law necessary to give legal force to certain proposals financial and otherwise for the Financial Year commencing on January 1.

[Date of Commencement: 31st August, 1995]

1. Short title.

This Act may be cited as the Finance Act.

Part I

CHAPTER I

[PART I rep by s 2 of Act 4 of 2003.]

2. .

[S 2 rep by s 2 of Act 4 of 2003.]

PART II

Imposition of a Luxury Motor Vehicle Levy, Semi-luxury Motor Vehicle Levy and Semi-Luxury Dual Purpose Motor Vehicle Levy

3. Annual luxury motor vehicle levy.

(1) There shall be charged, levied and paid, on every luxury motor vehicle (other than a semi-luxury dual purpose motor vehicle or a wagon)­—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995, but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the First Schedule to this Act;

(b) where the first year of registration or the payment due date of any year, falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the First Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the First Schedule to this Act,

a luxury motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the luxury motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the luxury motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the First Schedule to this Act;

Provided further , such luxury motor vehicle levy shall not be charged in respect of any luxury motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 3 subs by s 6 of Act 12 of 2012.]

4. Annual semi-luxury motor vehicle levy.

(1) There shall be charged, levied and paid, on every semi-luxury motor vehicle (other than a semi-luxury dual purpose motor vehicle or a wagon)—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995,but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the Second Schedule to this Act;

(b) where the first year of registration or the payment due date of any year falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the Second Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the Second Schedule to this Act,

a semi-luxury motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the semi-luxury motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the semi-luxury motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the Second Schedule to this Act:

Provided further, such semi-luxury motor vehicle levy shall not be charged in respect of any semi-luxury motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 4 subs by s 7 of Act 12 of 2012.]

5. Annual semi-luxury dual purpose motor vehicle levy.

(1) There shall be charged, levied and paid, on every semi-luxury dual purpose motor vehicle (other than a wagon)—

(a) where the first year of registration falls prior to January 1, 2011, for every year commencing on or after April 1, 1995, but for a period not more than seven years ending prior to April 1, 2011, at the respective rates set out in Part I of the Third Schedule to this Act;

(b) where the first year of registration or the payment due date of any year falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011, at the respective rates set out in Part II of the Third Schedule to this Act; and

(c) where the first year of registration or the payment due date of any year, falls after November 22, 2011, for a period not more than seven years from such date, at the respective rates set out in Part III of the Third Schedule to this Act,

a semi-luxury dual purpose motor vehicle levy. The levy payable for every such year shall be paid by the registered owner of the semi-luxury dual purpose motor vehicle on or before the relevant date:

Provided however, where any part of the period of seven years referred to in paragraph (a) above, continues after January 1, 2011 the semi-luxury dual purpose motor vehicle levy payable on or after November 22, 2011, in respect of such period shall be paid at the respective rates set out in Part III of the Third Schedule to this Act:

Provided further, such semi-luxury dual purpose motor vehicle levy shall not be charged in respect of any semi-luxury dual purpose motor vehicle owned by—

(a) an organization or an individual to whom the provisions of Diplomatic Privileges Act, No. 9 of 1996 is applicable; or

(b) a Department or a Ministry of the Government or of a Provincial Council.

(1A) Notwithstanding the preceding provisions of this section such semi-luxury dual purpose motor vehicle levy shall not be charged, with effect from January 1, 2013, in respect of a light truck registered as a dual purpose vehicle under the Motor Traffic Act.

[S 5(1A) ins by s 2 of Act 12 of 2013.]

(2) For the purposes of this section, the "Provincial Council” means a Provincial Council established under Chapter XVIIA of the Constitution.

[S 5 subs by s 8 of Act 12 of 2012.]

5A. Amendment of rates of luxury, semi luxury and semi- luxury dual purpose motor vehicle levies by Resolution of Parliament.

(1) The Parliament may by Resolution amend the rates of the—

(a) luxury motor vehicle Levy, set out in Part I, Part II and Part III of the First Schedule hereto;

(b) semi-luxury motor vehicle Levy, set out in Part I, Part II and Part III of the Second Schedule hereto;

(c) semi-luxury dual purpose motor vehicle Levy, set out in Part I, Part II and Part III of the Third Schedule hereto,

by increasing or decreasing the amount payable as levy.

[S 5A(1) ins by s 9 of Act 12 of 2012.]

(2) Upon the resolution seeking to amend the rates, being approved by the Parliament in accordance with the Standing Orders of the Parliament, the Secretary to the Ministry of the Minster shall publish a Notification in the Gazette setting out the rates as amended.

[S 5A(2) ins by s 9 of Act 12 of 2012.]

PART III

Collection of Levy

6. Levy to include luxury motor vehicle levy, semi-luxury motor vehicle levy and semi-luxury dual purpose motor vehicle levy.

For the purposes of this Part of this Chapter "levy” includes the luxury motor vehicle levy, semi luxury motor vehicle levy and semi luxury dual-purpose motor vehicle levy.

[S 6 am by s 6 of Act 24 of 1999; s 3(1) of Act 4 of 2003.]

7. Registered owner to pay the levy.

Subject to the provisions of section 8, the registered owner of every specified motor vehicle shall pay the levy payable by him for any year, commencing on or after April 1, 1995, on or before the relevant date, to the Commissioner.

7A. Exemption from diesel motor vehicle levy for non-user.

The Commissioner may exempt the registered owner of a motor vehicle from the payment of the whole or any part of
the diesel motor vehicle levy payable by such registered owner for any year, where he is satisfied that such registered owner has given a notice of non-user for a period exceeding six months in respect of that year, under section 37 of the Motor Traffic Act or any corresponding provision in any statute of a Provincial Council relating to Motor Traffic.

[S 7A ins by s 7 of Act 24 of 1999.]

8. Insurer to collect the levy.

(1) Every insurer who insures or renews an insurance policy in respect of any specified motor vehicle shall—

(a) at the time at which he insures or renews an insurance policy in respect of a specified motor vehicle, collect from the registered owner of such vehicle an amount equal to the levy payable by such registered owner, on such specified motor vehicle;

(b) remit the amount so collected to the Commissioner on or before the fifteenth day of the month immediately succeeding the month in which the amount was collected, together with a declaration in such form and containing such particulars as may be specified by the Commissioner.

(2) Every insurer who collects any amount in accordance with the provisions of subsection (1), shall duly acknowledge the receipt of the amount so collected, in such manner as may be specified by the Commissioner.

(3) Any amount collected by any insurer from any registered owner of a specified motor vehicle in accordance with the provisions of subsection (1), shall be deemed to have been paid to the Commissioner by such registered owner on the date on which such insurer collected such amount.

(4) Notwithstanding anything in any other law, any amount collected by any insurer under the preceding provisions of this section and insurer for remittance to the Commissioner shall be deemed not to be such property of such insurer is liable to execution or administration in the event of the bankruptcy, liquidation or dissolution of the business of such insurer or to assignment for the benefit of creditors and such amount shall retain apart from, and form no part of, the estate in liquidation or assignment of such insurer.

(5) Where any insurer fails to collect, from any registered owner of a specified motor vehicle the levy required to be collected from such registered owner under this Act or where any insurer has collected such amount and has not remitted the amount so collected to the Commissioner on or before the fifteenth day of the month immediately succeeding the month in which such amount was collected, such insurer shall be liable to the amount he was required to collect under the provisions of this Act but has not collected, or as the case may be, for the amount or part thereof, collected and not remitted to the Commissioner and such amount not collected or collected and not remitted, as the case may be, shall be deemed to be in default from the day following the day on which such amount was required to have been remitted to the commissioner and such insurer shall be deemed to be a defaulter, with the meaning of this Act with effect from such date.

(6) Where any insurer is deemed to be a defaulter, under the provisions of subsection (5), the amount of the levy in default, may be recovered from such insurer, in the manner provided for in section 10 and section 11.

8A. When registered owner is the State of a Local Authority.

Notwithstanding the provisions of subsection (1) of section 8, where the registered owner of any specified motor vehicle is the State or a Local Authority as the case may be, such registered owner may pay the levy to any insurer and the provisions of subsections (2), (3). (4), (5), (6) of section 8 and section 9 shall, mutatis mutandis, apply to, and in relation to, such payment.

[S 8A ins by s 8 of Act 24 of 1999.]

9. Registered owner to prove payment of the levy.

(1) The registered owner of every specified motor vehicle shall produce to the insurer at the time he applies for the issue or renewal of an insurance policy in respect of such motor vehicle for any year, proof of payment of the levy in respect of that specified motor vehicle for that year and the preceding year.

(2) Where the registered owner fails to show proof of payment of any levy referred to in subsection (1), the insurer shall notify the Commissioner forthwith of such nonpayment.

[S 9 subs by s 9 of Act 24 of 1999.]

10. Notice to defaulter.

(1) Where the levy payable by the registered owner of a specified motor vehicle, for any year commencing on or after April 1, 1995, is not paid by him on or before the relevant date, the levy shall be deemed to be in default and such registered owner shall be deemed to be a defaulter with effect from such date.

(2) Where any levy is deemed to be in default by reason of the operation of subsection (1), the defaulter shall, in addition to the levy, be liable to pay a penalty of an amount equal to fifty per centum of the levy:

Provided however, if the amount so defaulted is paid by the registered owner of a specified motor vehicle before the expiry of sixty days from the relevant date or the end of the year in respect of which the levy is payable, whichever is earlier, such penalty shall not be charged from such registered owner.

[S 10(2) proviso ins by s 10 of Act 12 of 2012.]

(3) Where any levy payable under this Chapter of this Act is in default, the Commissioner shall before proceeding to recover such levy as provided in section 11, require the defaulter by notice, in writing to pay the levy in default and any penalty added thereto within specified in such notice.

[S 10(3) am by s 10(1) of Act 24 of 1999.]

(4) A notice shall be deemed to have been duly served on a defaulter where he is—

(a) a registered owner of any specified motor vehicle, if such notice was served on him personally or was sent by registered post addressed to him at the address set out in the Certificate of Registration of that vehicle; or

(b) an insurer, if such notice was served on him personally or was sent by registered post addressed to him at his registered office or principal place of business, and in the case of a notice sent to a defaulter by registered post, the notice shall be deemed to have been received by the defaulter on the date on which it would ordinarily be delivered to him.

[S 10(4) subs by s 10(2) of Act 24 of 1999.]

10A. Power of Commissioner to waive or reduce penalty.

The Commissioner may waive or reduce the amount of any penalty payable by a registered owner under subsection (2) of section 10, if the Commissioner is satisfied that the failure of the registered owner to pay the levy before the relevant date was due to circumstances beyond his control and that waiver or reduction of such penalty is just and equitable in ail the circumstances of the case.

[S 10A ins by s 11 of Act 24 of 1999.]

10B. Power of Commissioner to set off or refund penalty.

Where the registered owner of a motor vehicle has paid a penalty respect of a levy which is deemed to be in default the Commissioner may—

(a) set off the penalty paid by such registered owner against the levy payable by him for any succeeding year;

(b) refund the penalty paid by such registered owner

where the Commissioner is satisfied that the failure of the registered owner to pay the levy before the relevant date was due to circumstances beyond his control and the set off or refund of the penalty paid by such registered owner is just and equitable in all the circumstances of the case.

[S 10B ins by s 11 of Act 24 of 1999.]

11. Recovery of Levy.

Where the amount of the levy and any penalty added thereto, has not been paid before the expiry of the date referred to in a notice sent under section 10, the Commissioner may issue a certificate, containing the amount of such levy and any penalty added thereto, and the name and last known place of residence of the defaulter to a Magistrate having jurisdiction in the division in which such place is situated. The Magistrate shall thereupon summon such defaulter before him to show cause why further proceedings for the recovery of the levy and any penalty added thereto, should not be taken against him and in default of sufficient cause being shown the levy in default and any penalty added thereto, shall be deemed to be a fine imposed by a sentence of the Magistrate on such defaulter for an offence punishable with fine only, not punishable with imprisonment, and the provisions of subsection (1) of section 291 (except paragraphs (a), (d) and (i) thereof) of the Code of Criminal Procedure Act. No. 15 of 1979, relating to default of payment of a fine imposed for such an offence shall thereupon apply and the Magistrate may make any direction which, by the provisions of that subsection, he could have made at the time of imposing such sentence.

[S 11 subs by s 12 of Act 24 of 1999.]

PART IV

Miscellaneous

12. .

[S 12 rep by s 13 of Act 24 of 1999.]

13. Regulations.

(1) The Minister may make regulations in respect of matters required by this Act to be prescribed.

(2) Every regulation under subsection (1) shall come into force on the date of its publication in the Gazette or on such later date as may be specified in such regulation and shall be brought before Parliament within a period of three months from the date of the publication of such regulation in the Gazette, or, if no meeting of Parliament is held within such period, at the first meeting of Parliament held after the expiry of such period, by a motion that such regulation shall be approved. There shall be set out in a Schedule to every such motion the text of the regulation to which the motion refers.

(3) Any regulation under subsection (1) which Parliament refuses to approve shall, with effect from the date of such refusal, be deemed to be revoked but without prejudice to the validity of anything done thereunder, Notification of the date on which any such regulation is deemed to be revoked shall be published in the Gazette.

For the purposes, of this section a "specified international organisation” means an organisation which is specified as such by the Minister in consultation with the Minister in charge of the subject of Finance, by Notice published in the Gazette.

14. Exemptions.

The provisions of this Chapter shall not apply to the registered owner of any specified motor vehicle where such registered owner is the Government of any foreign state or, the United Nations or any of its agencies or the representative in Sri Lanka, not being a citizen of Sri Lanka, (by whatsoever name, title or designation called) of the Government of any foreign state or of the United Nations or any of its agencies or the Trade Commissioner Consular Officer in Sri Lanka of any such Government or of the United Nations or any of its agencies or any person, not being a citizen of Sri Lanka, on the staff of any such representative or Commissioner or Consular officer of any such Government of any such foreign state or of the United Nation or of any of its agencies, or any specified international organization or its representative not being a citizen of Sri Lanka.

15. Administration.

The Commissioner shall be in charge of the administration of this Act.

16. Traditional provisions.

Where the registered owner of a specified motor vehicle is required to pay, on or after April 1,1995, but prior to the date of commencement of this Act, a levy in reject of such motor vehicle, such registered owner shall be deemed for all purposes, to have complied with such requirement, if he pays the levy to the Commissioner on or before September 5, 1996, where such levy shall be deemed to be in default after the expiration of such date and such registered owner shall be deemed to be an defaulter within the meaning of this act with effect from such date. Where any such levy is not so paid, such levy shall be deemed to be in default after the expiration of a period of three months from the date of commencement of this Act, and such registered owner shall be deemed to be a defaulter within the meaning of this Act with effect from such date.

[S 16 am by s 14 of Act 24 of 1999.]

17. Interpretation.

In this Chapter of this Act, unless the context otherwise requires—

"Commissioner” means the Commissioner of Motor Traffic appointed under the Motor Traffic Act;

"diesel motor vehicle” means a motor vehicle which uses, or is adapted to use diesel;

"dual purpose vehicle” shall have the same meaning assigned to it under the Motor Traffic Act;

[Ins by s 3(1) of Act 12 of 2013.]

"insurer” means the Sri Lanka Insurance Corporation Limited incorporated as a public company under the Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act, No. 23 of 1987 by Order published in Gazette Extraordinary 754/7 of February 16, 1993 or a subsidiary or independent corporation established under the Insurance (Special Provisions) Act, No. 22 of 1979 or any company registered under the Control of Insurance Act, No. 25 of 1962 as being authorised to transact insurance business;

"land vehicle” means any motor vehicle adapted for the use on any terrain, the model and the cylinder capacity of which is prescribed;

"light truck” means a dual purpose vehicle with a driver's compartment having a single row accommodation along the same transverse axis for the driver and passenger, adapted or constructed wholly or mainly for the purpose of carriage of goods;

[Ins by s 3(2) of Act 12 of 2013.]

"luxury motor vehicle” means any diesel motor vehicle, the cylinder capacity of which exceeds 2,500 or a petrol motor vehicle the cylinder capacity of which exceeds 2,000 c.c. other than a land vehicle;

"Minister” means the Minister in charge of the subject of transport;

"invalid carriage”, "motor ambulance”, "motor cycle”, "motor hearse”, "motor tricycle” "omnibus and private coach” shall have the respective meanings assigned to them by the Motor Traffic Act—

[Subs by s 15(1) of Act 24 of 1999.]

"motor vehicle” means any mechanically propelled vehicle, not being a motor cycle, motor tricycle, motor ambulance, motor hearse or invalid carriage, lorry, omnibus, private coach, tractor, hand tractor or trailer, which is constructed or adapted for the carriage of not more than ten persons (including the driver) and their effects;

[Am by s 15(2) of Act 24 of 1999.]

"registered” means registered under the Motor Traffic Act;

"Relevant date”—

(a) in relation to a specified motor vehicle registered on or after April 1, 1995 and the year in which it is registered, means the date on which such specified motor vehicle is registered;

(b) in relation to a specified motor vehicle registered on or after April 1, 1995 and any year subsequent to the year in which it is registered means the date in such subsequent year which corresponds to the date on which such specified motor vehicle was registered or where there is no corresponding date in such subsequent year, the date in such subsequent year which corresponds to the data succeeding the date on which such specified motor vehicle was
registered;

(c) in relation to a specified motor vehicle registered before April 1, 1995 and any year commencing on or after April 1, 1995, means the date in such year which corresponds to the date on which such specified motor vehicle was registered or where there is no corresponding date in such year, the date in such year which corresponds to the date succeeding the date on which such specified motor vehicle was registered;

"semi-luxury dual purpose motor vehicle” means a luxury motor vehicle or semi-luxury motor vehicle which is registered as a dual purpose vehicle under the Motor Traffic Act;

[Subs by s 3(3) of Act 12 of 2013.]

"semi luxury motor vehicle” means any diesel motor vehicle the cylinder capacity of which exceeds 2,200 c.c. but does not exceed 2,500 c.c. or a petrol motor vehicle the cylinder capacity of which exceeds 1,800 c.c. but does not exceed 2,000 c.c.; and shall be deemed to include a land vehicle;

"specified motor vehicle” means any luxury motor vehicle, any semi luxury motor vehicle or any semi luxury dual purpose motor vehicle;

[Subs by s 4 of Act 4 of 2003.]

"wagon” means a motor vehicle designed as a single unit and constructed or adapted for the purpose of transporting passengers or goods or passengers and goods.

"year” means the period of twelve months commencing on April 1st of any year and ending on March 31st of the succeeding year.

"petrol motor vehicle” means a motor vehicle which uses or is adapted to use petrol;

CHAPTER II

Imposition and Collection of Cess on Textiles and Textile Products Exported Under a Textile Quota Allocation

18. Levy of cess on textiles and textile products exported under textile quota allocation.

There shall be charged, levied and paid, with effect from April 1, 1995, on every textile and textile product exported from Sri Lanka, under a textile quota allocation, a cess at such rates as are set out in the Fourth Schedule to this Act.

19. Cess to be paid to the relevant authority.

(1) The cess payable under section 18 on any textile or textile product exported under a textile quota allocation, shall be paid to the relevant authority, by the registered exporter to whom such textile quota allocation has been issued. Such cess shall be paid by such registered exporter after he has exported such textile or textile product and at the time he applies to the relevant authority, for an export licence or other documentation to prove that such export was under a textile quota allocation.

(2) The relevant authority shall acknowledge in the manner specified by the authority, all cesses received by him under this Act.

20. Default of the payment of cess.

Where the registered exporter fails or refuses to pay any cess he is liable to pay under section 18, to the relevant authority, at the time he applies for the licence or other documentation referred to in section 19, it shall be lawful for the relevant authority to refuse to issue such licence or other documentation to such registered exporter and for the Textile Quota Board to cancel any textile quota allocation issued to such registered exporter and for the time being in force.

21. Cess to be credited to consolidated Fund.

The relevant authority shall cause all cesses collected by him under this Act to be credited to the Consolidated Fund.

22. Validation of cess imposed under section 18.

All cesses payable under this Act on textile and textile products exported from Sri Lanka, after April 1, 1995 and prior to the date of commencement of this Act, and recovered from a registered exporter prior to the date of commencement of this Act, shall be deemed for all purposes, to have been, and to be validly recovered.

23. Transitional provisions.

A registered exporter liable to pay any cess under this Act on any textile or textile product exported by him during the period commencing on April 1, 1995 and ending on the date of commencement of this Act, shall pay such cess to the relevant authority, within three months of the date of commencement of this Act. Where a registered exporter fails to pay such cess within such period, the Textile Quota Board may cancel any textile quota allocation issued to such registered exporter and for the time being in force.

24. Interpretation.

In this Chapter of this Act under the context otherwise requires—

"Board of Investment of Sri Lanka” means the Board of Investment of Sri Lanka established by the Board of Investment of Sri Lanka Law, No. 4 of 1978;

"Registered exporter” means an exporter of textile and textile products registered with the Ministry of the Minister in charge of the subject of Textile Industries or the Board of Investment of Sri Lanka, as the case may be;

"Relevant authority”—

(a) in relation to an exporter registered with the Board of Investment of Sri Lanka, means the Director-General of the Board of Investment of Sri Lanka: and

(b) in relation to an exporter registered with the Ministry of the Minister in charge of the subject of Textile Industries, means the Secretary to such Ministry;

"Textile export quota” means the entitlement to export, from Sri Lanka to any other country, a specified quantity of textiles and textile products, during a specified period of time, under, and in accordance with, an agreement between the Government of Sri Lanka and the Government of that other country;

"Textile product” means a product made out of any or all of the following: cotton, wools, man-made fibre, silk blend fibre or other vegetable fibre;

"Textile quota allocation” means any authorisation issued by the Textile Quota Board enabling a registered exporter to export to another country, a specified quantity of textiles or textile products, during a specified period of time, under the textile export quota applicable to that country ;

"Textile Quota Board” means the Textile Quota Board appointed by the Minister to administer and manage the textile export quota and includes a subcommittee thereof.

25. Sinhala text to prevail in case of inconsistency.

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

SCHEDULES

FIRST SCHEDULE

[Section 3]

RATES OF LEVY ON LUXURY MOTOR VEHICLES

PART I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 12(1) of Act 15 of 2011.]

Year

Rate Rs.

For the year in which such luxury motor vehicle is registered (being a year commencing on or after April 1, 1995).

50,000

For the first year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

45,000

For the second year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

40,000

For the Third year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

35,000

For the Fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1,1995).

30,000

For the Fifth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

25,000

For the sixth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

30,000

For the seventh year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995).

Nil

EXAMPLE

A luxury motor vehicle is registered on August 1, 1991 the levy payable on such luxury motor vehicle for the year commencing on April 1, 1995 (which is the fourth year of succeeding the year of registration) is Rs. 30,000.

A luxury motor vehicle is registered on August 1, 1955, the levy payable on such luxury vehicle for the year commencing on April 1, 1955 is Rs. 50,000.

A luxury motor vehicle is registered on August 1, 1996, the levy payable on such luxury motor vehicle for the year commencing on April 1, 1997 (which is the first year succeeding the year of registration) is Rs. 45,000.

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 and ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such luxury motor vehicle is registered (being a year commencing on or after January 1, 2011)

100,000

2

For the first year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

78,750

3

For the second year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

68,000

4

For the third year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

57,750

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

48,000

6

For the fifth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

38,750

7

For the sixth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

30,000

8

For the seventh year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[First schedule PART-II ins by s 12(2) of Act 15 of 2011; heading subs by s 11(1) of Act 12 of 2012.]

EXAMPLE

(a) A luxury motor vehicle is registered on August 1, 2007, the levy applicable on such luxury motor vehicle for the year commencing on April 1, 2010 (which is the third year succeeding the year of registration) is Rs. 35,000.

(b) A luxury motor vehicle is registered on August 1, 2011, the levy applicable on such luxury motor vehicle for that year (which is the year of registration) is Rs. 100,000.

(c) A luxury motor vehicle is registered on August 1, 2012, the levy applicable on such luxury motor vehicle for the year commencing on April 1, 2013 (which is the first year succeeding the year of registration) is Rs. 100,000.

[Subs by s 11(2) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

 

Year

Rate Rs.

1

For the year in which such luxury motor vehicle is registered (being a year commencing on or after November 22, 2011)

150,000

2

For the first year succeeding the year in which such luxury motor vehicle is registered

100,000

3

For the second year succeeding the year in which such luxury motor vehicle is registered

75,000

4

For the third year succeeding the year in which such luxury motor vehicle is registered

60,000

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered

50,000

6

For the fifth year succeeding the year in which such luxury motor vehicle is registered

40,000

7

For the sixth year succeeding the year in which such luxury motor vehicle is registered

30,000

8

For the seventh year succeeding the year in which such luxury motor vehicle is registered

Nil.

[First schedule Part III ins by s 11(3) of Act 12 of 2012.]

SECOND SCHEDULE

[Section 4]

RATES OF LEVY ON SEMI-LUXURY MOTOR VEHICLES

PART I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 13(1) of Act 15 of 2011.]

Year

Rate Rs

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after April 1, 1995)

25,000

For the first year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

22,500

For the Second year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

20,000

For the Third year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

17,500

For the Fourth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

15,000

For the Fifth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

12,500

For the Sixth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

10,000

For the Seventh year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

Nil

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after January 1, 2011)

50,000

2

For the first year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

39,375

3

For the second year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

34,000

4

For the third year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

28,875

5

For the fourth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

24,000

6

For the fifth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

19,375

7

For the sixth year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

15,000

8

For the seventh year succeeding the year in which such semi-luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[Second Schedule PART-II ins by s 13(2) of Act 15 of 2011; heading subs by s 12(1) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

 

Year

Rate Rs.

1

For the year in which such semi-luxury motor vehicle is registered (being a year commencing on or after November 22, 2011)

60,000

2

For the first year succeeding the year in which such semi-luxury motor vehicle is registered

50,000

3

For the second year succeeding the year in which such semi-luxury motor vehicle is registered

40,000

4

For the third year succeeding the year in which such semi-luxury motor vehicle is registered

30,000

5

For the fourth year succeeding the year in which such semi-luxury motor vehicle is registered

25,000

6

For the fifth year succeeding the year in which such semi-luxury motor vehicle is registered

20,000

7

For the sixth year succeeding the year in which such semi-luxury motor vehicle is registered

15,000

8

For the seventh year succeeding the year in which such semi-luxury motor vehicle is registered

Nil

[Second Schedule PART-III ins by s 12(2) of Act 12 of 2012.]

THIRD SCHEDULE

[Section 5]

RATES OF LEVY ON SEMI LUXURY DUAL PURPOSE MOTOR VEHICLES

PART – I

For any year commencing on or after April 1, 1995, but prior to January 1, 2011—

[Ins by s 14(1) of Act 15 of 2011.]

Year

Rate Rs.

For the year in which such semi- luxury dual purpose motor vehicle is registered (being a year commencing on or After 1, 1955)

10,000

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

9,000

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

8,000

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

7,000

For the fourth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

6,000

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

5,000

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

4,000

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing before or after April 1, 1995)

Nil

PART II

For any year, where the first year of registration or the payment due date falls within the period commencing on January 1, 2011 ending prior to November 22, 2011—

 

Year

Rate Rs.

1

For the year in which such semi-luxury dual purpose motor vehicle is registered (being a year commencing on or after January 1, 2011)

20,000

2

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after
January 1, 2011)

15,750

3

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

13,600

4

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

11,550

5

For the fourth year succeeding the year in which such luxury motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

9,600

6

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

7, 750

7

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

6,000

8

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered (whether the year of registration is any year commencing on or after January 1, 2011)

Nil

[Third schedule PART-II ins by s 14(2) of Act 15 of 2011; heading subs by s 13(1) of Act 12 of 2012.]

PART III

For any year ending/commencing on or after November 22, 2011, in respect of which Part I and Part II of this Schedule is not applicable—

[Third schedule PART-III ins by s 13(2) of Act 12 of 2012.]

 

Year

Rate Rs.

1

For the year in which such semi-luxury dual purpose motor vehicle is registered (being a year commencing on or after November 22, 2011)

40,000

2

For the first year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

25,000

3

For the second year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

20,000

4

For the third year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

12,000

5

For the fourth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

10,000

6

For the fifth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

8,000

7

For the sixth year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

6,000

8

For the seventh year succeeding the year in which such semi-luxury dual purpose motor vehicle is registered

Nil

FOURTH SCHEDULE

[Section 18]

THE RATES OF CESS ON TEXITLE PRODUCTS

Textile Product

Rate

Apparel and other Textile and textile products not being underwear

Rs. 12 per dozen

Gloves

Rs. 12 per ten

Textile or Textile products exported in square meters

Rs. 3 per ten square meter

Textile and Textiles products exported by weight

Rs. 2 per kilogram

Towels and pillow cases

Rs. 12 per forty pieces

Under wear

Rs. 12 per five dozens

AN ACT to enact the provisions of law necessary to give legal force to certain proposals financial and otherwise for the Financial Year commencing on January 1.

Finance ACt – 1995

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