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State of West Bengal - Section

Section 114 in West Bengal Municipal Act, 1993

114. Addition to the assessment list.

(1)When a new building has been constructed or a new holding has been created by mutation [or by transfer or upon the inclusion of any local area within the municipal area] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'transfer'.] or otherwise during the period an assessment list remains in force, the Chairman-in-Council may, at any time, cause the annual valuation of such holding and make assessment thereon in accordance with the provisions of this act.
(2)Before finalising the valuation and assessment of the holding as aforesaid, the Chairman-in-Council shall give the owner or the occupier of such holding an opportunity to prefer, within a specified time, an objection, if any, to the proposed valuation which shall be heard and determined by a person to be appointed by the Chairman-in-Council.
(3)[ ***] [[Sub-section (3) omitted by s. 9(1) of the West Bengal Municipal (Amendment) Act, 2009 (West Bengal Act III of 2009), w.e.f. 1.6.2009, which was earlier as follows :'(3) An application for review of the valuation determined under sub-section (2) may, within a fortnight of such determination be preferred to the Chairman-in-Council.'.]]
(4)The Chairman-in-Council shall, thereafter, finalise, as soon as may be, the valuation and assessment and make addition of such valuation and assessment to the assessment list, and such addition shall remain in force for the unexpired portion of the period during which the assessment list remains in force.
(5)[ Notwithstanding anything contained in this section, on a written application of any owner or occupier of any holding, for determination of provisional property tax, for which the site plan and building plan have been approved and are remaining valid as per provisions of sub-section (2) of section 207 or section 208A but the said holding has either remaining vacant or the building has been completed or partly constructed and is habitable, the Chairman-in-Council may, subject to the provisions of section 96, fix a provisional rate of property tax for such holding subject to adjustment after finalisation of valuation of such property. If, after finalisation, valuation of any such property increases or decreases, the increased or decreased amount of property tax shall take effect from the quarter from which the provisional rate of property tax was fixed: and the dues payable or the excess amount paid, as the case may be, shall be paid or adjusted in such installments, subsequent to bringing into force of the West Bengal Municipal (Amendment) Act, 2009, as may be determined by the Chairman-in-Council :Provided that for the buildings which are newly constructed and for the buildings already assessed which are reconstructed, or altered during the period of an assessment list remaining in force, pending finalisation of valuation of such constructions, the Chairman-in-Council shall, after giving the owner or occupier of such construction, as the case may be, shall fix a provisional rate of property tax, subject to the provisions of section 96, for such new construction with effect from the quarter In which such provisional rate shall be fixed. If, after finalisation of assessment, valuation of any such property increases or decreases, the increased or decreased amount of property tax shall take effect from the quarter from which the provisional rate of property tax was fixed. and the dues payable or the excess amount paid, as the case may be, shall be adjusted in such installments, subsequent to bringing into force of the West Bengal Municipal (Amendment) Act, 2009. as may be determined by the Chairman-in-Council.] [Inserted by s. 9(2) of the West Bengal Municipal (Amendment) Act, 2009 (West Bengal Act III of 2009) w.e.f. 1.6.2009.]