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State of West Bengal - Section

Section 116 in West Bengal Municipal Act, 1993

116. Notice of transfer.

(1)Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of property tax on such land or building, and the person to whom the title is so transferred, shall, within three months [of the registration of the instrument,] [Substituted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998, for 'after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, as the case may be'.] give notice of such transfer in writing to the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.].
(2)On the death of any person primarily liable for the payment of property tax as aforesaid, the person on whom the title of the land or the building referred to in sub-section (1) devolves shall, within six months from the date of death of the former, give notice, in writing, of such devolution to the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.].
(3)The notice under this section shall be in such form as may be prescribed, and the transferee or the person on whom the title devolves shall, if so required, be bound to produce before the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.]any document evidencing the transfer or devolution.
(4)If any person, who transfers his title to any land or building, fails to give any notice under this section to the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.], he shall, in addition to any penalty to which he may be subject under this Act, continue to be liable for payment of property tax on such land or building until he gives such notice, but nothing in this section shall be deemed to affect the liability of the transferee for payment of the property tax on such land or building.
(5)The [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.] shall, on receipt of a notice of transfer or devolution, cause such transfer to be recorded in such form and in such manner as may be prescribed.
(6)[ The District Registrar of the district or the Sub-Registrar of the local registration office shall co-operate with the [Executive Officer] [[Substituted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998 old section read as :
(6)On a request by the Chairman, the District Registrar of the district or the Sub-Registrar of the local registration office shall furnish such particulars regarding the registration of instrument and transfer of immovable property in the municipal area as the Chairman may from time to time require.]] or his representatives, sent in this behalf, for collecting the particulars regarding the registration of instrument, transfer of immovable property and periodical returns containing the detailed periodical list of registration of instruments.][****] [[Omitted by West Bengal Act 32 of 1997, w.e.f. 18.3.1998, it read as :
(7)Notwithstanding anything contained in sub-section (6), the District Registrar of the district or the Sub-Registrar of the local registration office shall furnish to the Chairman such particulars soon after the registration of instruments of transfer is effected or, if the Chairman so requests, such periodical returns at such intervals, as the Chairman may fix.]][117. Levy of surcharge on transfer of lands. - (1) The Board of Councilors shall levy a surcharge on the transfer of immovable property situated within the municipal area, in the form of additional stamp duty.
(2)The rate of the surcharge, and the manner of-
(a)collection of the surcharge,
(b)payment of the surcharge to the Municipality, and
(c)deduction of the expenses, if any incurred by the State Government in course of collection of the surcharge,
shall be such as may be prescribed] [Substituted by the West Bengal Act 32 of 1997, w.e.f. 18,3.1998].
Prior to substitution the Section 117 read as;117. Certificate of approval for transfer of land or building.- (1) Notwithstanding anything contained in section 115, no deed of transfer of any land or building in respect of which a layout plan is required to be approved by the Chairman-in-Council prior to registration under section 193, or of any land curved out of an existing holding, shall be registered under the Registration Act, 1908 (16 of 1908), unless a certificate of approval to the proposed transfer has been issued by the Chairman in this regard.(2) The registering authority shall not proceed for registration without sending a copy of the deed of transfer to the Chairman.(3) If the Chairman communicates his refusal to issue a certificate of approval, a deed of transfer shall not be registered :Provided that if no such communication is received within a period of thirty days from the date of sending the copy of the deed of transfer, the registering authority, may proceed with registration.">