Section 138 in The Chhattisgarh Municipal Corporation Act, 1956
138. 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 Corporation adopted in this behalf, [on the basis of per square meter of the built-up-area] [Substituted 'on the basis of per square foot of the carpet area' by C.G. Act No. 18 of 2012, dated 1.8.2012.] of a building or land, as the case may be taking into consideration the area in which the building or land is situated, its location, situation, purpose for which it is used, its capacity for profitable user, quality of construction of the building and other relevant factors and subject to such rules, as may be made by the State Government in this behalf.[(1-a) The draft resolution mentioned in sub-section (1) shall be prepared and submitted by the Commissioner for the financial year next on or before 31st December of each financial year, and in case the Corporation fails to adopt the resolution by the last day of February of that financial year, the resolution shall be approved by the Mayor and shall be deemed to be the resolution finally adopted by the Corporation :Provided that if the Mayor does not approve the draft resolution prepared by the Commissioner by 31st March of a financial year, then the draft resolution as prepared by the Commissioner shall be deemed to be the resolution finally adopted by the Corporation.] [Inserted by C.G. Act No. 18 of 2012, dated 1.8.2012.](2)On the basis of the resolution adopted by the Corporation 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 lax alongwith a return in this behalf, in the prescribed form, on or before the date fixed by the Corporation, failing which a surcharge at the rate, as may be determined by the Corporation, shall he 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. 18 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 month between the date when the tax was due and the date of deposit of the amount of variation, and in cases 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 Corporation, 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. 18 of 2012, dated 1.8.2012.][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 Corporation.] [Inserted by C.G. Act No. 13 of 2016, dated 22.4.2016.](4)[ An appeal against the order passed under sub-section (3) shall lie to the Mayor-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. 18 of 2012, dated 1.8.2012.]
