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THE KERALA VALUE ADDED TAX ACT, 2003
CHAPTER IX : MISCELLANEOUS

92. Power to make rules.-

(1) The Government may, by notification in the Gazette, make rules either prospectively or retrospectively to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,-

    (a) all matters expressly required or allowed by this Act to be prescribed;

    (b) determining the total turnover, taxable turnover or turnover of a dealer for the purposes of this Act;

    (c) the assessment to tax under this Act of business which is discontinued or the ownership of which has changed;

    (d) the assessment to tax under this Act of business owned by minors and other incapacitated persons or by persons residing outside the state;

    (e) the assessment of a business owned by any person whose estate or any portion of whose estate is under the control of the Court of Wards, the Administrator General, the Official Trustee, or any Receiver or Manager appointed by or under any order of a court;

    (f) the administration of the notified areas and the barriers erected and the check posts set up under this Act and the regulation of the work therein;

    (g) the disposal of goods confiscated under this Act and the procedure for dealing with the proceeds thereof;

    (h) requiring the submission of returns;

    (i) the form in which and the particulars to be contained in any declaration to be given under this Act, the authority from whom, the conditions subject to which and the fees subject to payment of which such form of declaration may be obtained, the manner in which such form shall be kept in custody and records relating thereto maintained, the manner in which any such form may be used and any such declaration may be furnished;

    (j) the duties and powers of officers appointed for the purpose of enforcing the provisions of this act;

    (k) the term of office, and conditions of service of the members of the Appellate Tribunal and the Settlement Commission;

    (l) the manner in which and the extent to which, tax paid may be refunded;

    (m) the issue of bills or cash memoranda, the class or classes of dealers who should maintain counterfoils for the same and the particulars to be shown in and the manner of maintenance of such counterfoils and the time for which they should be preserved;

    (n) the maintenance of purchase bills or accounts of purchases and sales by dealers and the time for which they should be preserved;

    (o) the issue of delivery notes or way-bills in respect of goods delivered or transferred to retail dealers in pursuance of sales effected to them, the form and manner of their issue and the time for which they should be preserved;

    (p) the extent of liability of commission agent, broker, del credare agent, auctioneer or any other mercantile agent, who carries on the business of buying, selling, supplying or distributing goods on behalf of any principal;

    (q) generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act;

    (r) any other matter for which there is no provision or on sufficient provision in this Act and for which provision is, in the opinion of the Government necessary for giving effect to the purposes of this Act.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rules or decides that this rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rules.