Section 126 in The Chhattisgarh Municipalities Act, 1961
126. Annual letting value of land or building.
- [(1) Notwithstanding anything contained in this Act or any other law for the time being in force, the annual letting value of any building or land, whether revenue paying or not, shall be determined as per the resolution of the Council adopted in this behalf, on the basis of per square [meter] [Substituted by M.P. Act No. 18 of 1997.] of the [built-up area] [Substituted 'carpet area' by C.G. Act No. 17 of 2012, dated 1.8.2012..] of a building or per square feet of the land, as the case may be, taking into consideration the area, in which the building or land is situate, its location, situation purpose for which it is used, its capacity for profitable use, quality of construction of the building and other relevant factors and subject to the rules, as may be made by the State Government in this behalf.] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 24-2012.][(1-A) The draft resolution mentioned in sub-section (1) shall be prepared and submitted by the Chief Municipal Officer for the financial year next on or before 31st December of each financial year, and in case the Council or the Nagar Panchayat, as the case may be, fails to adopt the resolution by the last day of February of that financial year, the resolution shall be approved by the President and shall be deemed to be the resolution finally adopted by the Council or the Nagar Panchayat, as the case may be;Provided that if the President does not approve the draft resolution prepared by the Chief Municipal Officer by 31st March of the current financial year, then the draft resolution as prepared by the Chief Municipal Officer shall be deemed to be the resolution finally adopted by the Council or Nagar Panchayat as the case may be.] [[Substituted by C.G. Act No. 17 of 2012, dated 1.8.2012 Prior to substitution sub-section (1-A) stood as under:-'(1-A) The Chief Municipal Officer shall prepare the draft resolution under sub-section (1) for the next financial year and submit before the Council before 31st December of each financial year. In case the Council fails to adopt the resolution as required by sub-section (1) by 31st March of each financial year then the draft resolution prepared by the Chief Municipal Officer shall be presented to the President and the resolution as approved by the President shall be deemed to be the resolution finally adopted by the Council:Provided that if the President does not approve the draft resolution prepared by the Chief Municipal Officer by 30th April of the current financial year, then the draft resolution as prepared by the Chief Municipal Officer shall be deemed to be the resolution finally adopted by the Council.'.]]](2)On the basis of the resolution adopted by the Council under sub-section (1), every owner of land or building shall assess the annual letting value of his land or building and deposit the amount of property tax alongwith a return in this behalf, in the prescribed form, on or before the date fixed by the Council, failing which a surcharge at the rate, as may be determined by the Council, shall be charged.[(2-A) If the self-assessment statement is not submitted by a person liable to submit it before 31st March, a penalty of one thousand rupees shall be imposed for the lapse.] [Inserted by C.G. Act No. 17 of 2012, dated 1.8.2012.](3)[ The variation upto ten percent on lower side in the assessment made under sub-section (2) shall be ignored for the purpose of penalty, provided the assessee pays the amount of short-payment within two weeks of the assessment order with surcharge at the rate of two percent for every two months between the date when the tax was due and the date of deposit of the amount of variation, and in case where the variation is more than ten percent, the owner of the land and/or building as the case may be, shall be liable to pay penalty equal to five times the difference of self-assessment made by him and the assessment made by the Council or Nagar Panchayat, as the case may be, apart from surcharge at the rate of two percent for every month between the date when the tax was due and the date of deposit of the amount of variation:] [[Substituted by C.G. Act No. 17 of 2012, dated 1.8.2012. Prior to substitution sub-section (3) stood as under:-'(3) The variation upto ten percent on either side in the assessment made under sub-section (2) shall be ignored. In cases where the variation is more than ten percent, the owner of the land or building, as the case may be, shall be liable to pay penalty equal to five times the difference of self assessment made by him and the assessment made by the Council.'.]][Provided that till 31st December, 2016, in such cases where the difference is more than ten percent, the owner of the land and/or building, as the case may be, shall be liable to pay penalty equal to ten percent of the difference on self assessment made by him and the assessment made by the Council or Nagar Panchayat, as the case may be.] [Inserted by C.G. Act No. 14 of 2016, dated 22.4.2016.](4)[ An appeal against the order passed under sub-section (3) shall He to the President-in-Council:Provided that no appeal under this sub-section shall be admitted unless accompanied by proof of payment under protest of the amount demanded in the order under sub-section (3),] [[Substituted by C.G. Act No. 17 of 2012, dated 1.8.2012. Prior to substitution sub-section (4) stood as under:-''(4) An appeal shall lie to the President-in-Council against the orders passed under sub-section (3).'.]]
