Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of West Bengal - Section

Section 88 in The Howrah Municipal Corporation Act, 1980

88. Imposition of property tax.

(1)For the purposes of this Act, property tax on the annual value of lands and buildings comprised in a holding, as determined under this chapter, shall be imposed by the Corporation.
(2)Such property tax shall be determined as follows :-
(a)where the annual value of lands and buildings does not exceed nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula :-
(| annual value100| + 10) per cent of the annual value, or
(b)where the annual value of lands and buildings exceeds nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula :-
(| annual value1000| + 22) per cent of the annual value, or
Provided that the property tax shall not exceed 40 per cent of the annual value of lands and buildings :Provided further that while calculating the percentage of property tax, the decimal figure below 0.5 shall be ignored and the decimal figure of 0.5 or above shall be rounded off to 1 :Provided also that the State Government may, from time to time, by notification, revise the formula referred to in clause (a) and clause (b) of this sub-section and upon such revision, this Act shall be deemed to have been amended accordingly:Provided also that no such revision shall be made more than once in five years.
(3)A surcharge at such rate, not exceeding fifty per cent of the property tax calculated under sub-section (2), as the Mayor-in-Council may, from time to time, determine at a meeting convened for the purpose, may be imposed on any land and building used wholly or partially for commercial, industrial or any other non-residential purpose.
(4)Notwithstanding anything contained in this chapter, lands and buildings which are the properties of the Union shall be exempt from the property tax :Provided that nothing in this sub-section shall prevent the Corporation from levying on such lands and buildings a property tax to which immediately before the commencement of this Act they were, or were treated as, liable :Provided further that the Corporation may levy a service charge on such buildings on the basis of annual value, and at such rate, as may be determined by the Central Government from time to time.
Section 88 substituted by W.B. Act 17 of 1995, which was earlier as under :-"88. Consolidated rate on lands and buildings and surcharge.- (1) The consolidated rate on lands and buildings for the purposes of this Act shall be as follows :-(i) tenper cent, of the annual value of the land and building - where the annual value does not exceed five hundred rupees;(ii) eighteenper cent, of the annual value of the land and building - where the annual value exceeds five hundred rupees but does not exceed one thousand rupees;(iii) twenty-fiveper cent, of the annual value of the land and building - where the annual value exceeds one thousand rupees but does not exceed three thousand rupees;(iv) thirtyper cent, of the annual value of the land and building - where the annual value exceeds three thousand rupees but does not exceed ten thousand rupees;(v) thirty-fiveper cent, of the annual value of the land and building - where the annual value exceeds ten thousand rupees but does not exceed twenty-five thousand rupees;(vi) fortyper cent, of the annual value of the land and building - where the annual value exceeds twenty-five thousand rupees:Provided that the land and buildings the annual value of which does not exceed one hundred rupees shall be exempt from the consolidated rate:Provided further that the Mayor-in-Council may exempt, either wholly or partially, from the consolidated rate any land which is used exclusively for the purpose of public charity or as public burial or burning ground.(2) A surcharge at such rate not exceeding fiftyper cent, of the consolidated rate calculated under sub-section (1) as the Mayor-in-Council may, from time to time, determine at a meeting convened for the purpose, may be imposed on any land and building which is used wholly or partially for commercial, industrial or any other non-residential purpose.(3) Out of the amount of the surcharge imposed under sub-section (2), tenper cent, shall be credited to the relative account of the Municipal Fund as water rate.(4) Notwithstanding anything contained in this Chapter, lands and buildings which are the properties of the Union shall be exempt from the consolidated rate:Provided that nothing in this sub-section shall prevent the Corporation from levying on such lands and buildings a consolidated rate to which immediately before the commencement of this Act they were, or were treated as, liable :Provided further that the Corporation may levy a service charge on such buildings on the basis of such annual value and at such rate as may be determined by the Central Government from time to time.(5) Notwithstanding anything contained in sub-section (1), the consolidated rate on the-(a) land owned by or belonging to -(i) the Board of Trustees for the Improvement of Howrah, constituted under the Howrah Improvement Act, 1956, or(ii) the Calcutta Metropolitan Development Authority, constituted under the Calcutta Metropolitan Development Authority Act, 1972, or(iii) the West Bengal Housing Board, constituted under the West Bengal Housing Board Act, 1972, or(iv) the West Bengal Industrial Infrastructure Development Corporation, established under the West Bengal Industrial Infrastructure Development Corporation Act, 1974, or(v) such other statutory body as may be specified by the State Government in this behalf from time to time,shall be twenty-one per cent, of the annual value of such land;(b) land or building acquired, constructed, purchased or owned by the State Government or any of the statutory bodies mentioned in clause (a) for the purpose of subsidised housing scheme for persons belonging to low-income group and industrial workers and comprising tenements let out to persons belonging to low-income group and industrial workers on a monthly rent shall be twenty-oneper cent, of the annual value of such land or building determined under this Chapter.(6) Notwithstanding anything contained in sub-section (1) and (2) or elsewhere in this Chapter the consolidated rate on lands and buildings shall not exceed, -(a) in respect of a bus tee under the West Bengal Slum Areas (Improvement and Clearance) Act, 1972, fifteenper cent., and(b) in respect of any otherbustee, tenper cent.,of the annual value of suchbusteedetermined under this Chapter.(7) Notwithstanding anything contained in this Chapter, lands and buildings which vest in the Board of Trustees for the Port of Calcutta shall, for the purpose of levying a consolidated rate thereon, be assessed in accordance with the provisions of the Calcutta Port Act, 1890.".