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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Haryana - Subsection

Section 2(1) in Haryana Municipal Corporation Act, 1994

(1)[ "annual value" notwithstanding anything contained in any other law for the time being in force, means, - [Added by Haryana Act No 23 of 2003.]
(a)in the case of land, the gross annual rent -
(i)to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or
(ii)where no fair rent referred to in item (i) is fixed, at which it is expected to be let or it is actually let, whichever is greater :
Provided that, in the case of land assessed to land-revenue or any other tax in lieu thereof or of which the land-revenue has been wholly or in Part released, compounded for, redeemed or assigned, the annual value shall, if the State Government so directs, be deemed to be double the aggregate of the following amounts, namely :-
(i)the amount of the land-revenue or any other tax in lieu thereof for the time being assessed on the land, whether such assessment is leviable or not; or when the land-revenue has been wholly or in Part compounded for or redeemed, the amount which, but for such composition or redemption, would have been leviable, and
(ii)when the improvement of the land due to canal irrigation has been excluded from account in assessing the land-revenue, the amount of owner's rate or water advantage rate, or other rate imposed in respect of such improvement;
(b)in the case of any land on which no building has been erected, but on which a building can be erected, and on any land on which a building is in the process of erection, five percent of the estimated market value of the land;
(c)in the case of any house or building whether self occupied or tenanted, five per centum on the sum obtained by adding the estimated present cost of erecting the building, less such amount as the Government may deem reasonable to be deducted on account of depreciation, if any, to the estimated market value of the site and any land attached to the house or building :
Provided that -
(i)in the calculation of the annual value of any premises, no account shall be taken of any machinery thereon;
(ii)the basis of assessing the present market value of the land, the cost of erecting the building and depreciation shall be such as may be decided by the Government. Different rates may be determined for different categories of building and land;
(iii)if the actual annual rent received by the owner is higher than the annual value as determined, then the actual annual rent shall be deemed to be the annual value for the purpose of this Act;
(iv)the annual value of the building so determined shall be subject to a deduction of ten percent for the cost of repairs and other expenses necessary for the proper maintenance of the building.
(v)when a building is occupied by the owner under such exceptional circumstances as to render a valuation at five per centum on the cost of erecting the building, less depreciation, excessive, a lower percentage may be taken;]