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State of West Bengal - Section

Section 46 in The West Bengal Panchayat Act, 1973

46. Imposition of tax by Gram Panchayat.

(1)Subject to such rules as may be made in this behalf, a Gram Panchayat shall impose yearly -
(a)[ on lands and buildings within the local limits of its jurisdiction, a tax, - [[Clause (a) substituted by W.B. Act 37 of 1984, which was earlier as under:-
'(a) on lands and buildings within the local limits of its jurisdiction, a tax at the rate of two per centum of the annual value of such lands and buildings to be paid by the owners and occupiers thereof:'.]]
(i)at the rate of [one per centum] of the annual value of such lands and buildings when the annual value does not exceed rupees one thousand, and
(ii)at the rate of [two per centum] [Words substituted for the words 'one per centum' by W.B. Act 18 of 1994.] of the annual value of such lands and buildings when the annual value exceeds rupees one thousand,
to be paid by the owners and occupiers thereof;][* * * * *] [[Clause (b)omitted by W.B. Act 17 of 1992, which was as under:-'(b) on professions, trades, callings and employments carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such professions, trades callings and employments, subject to a maximum of two hundred and fifty rupees per annum in respect of any one person.'.]]
(2)The following lands and buildings shall be exempted from imposition of tax under sub-section (1), namely:-
(a)lands and buildings, the annual value of which is not more than [two hundred and fifty rupees] [Words substituted for the words 'fifty rupees' by W.B. Act 37 of 1984.];
(b)lands and buildings belonging to a local authority and used or intended to be used exclusively for a public purpose and not used or intended to be used for purposes of profits;
(c)lands and buildings used exclusively for religious, educational or charitable purposes.
(3)The State Government may, by notification, exempt either wholly or in part any other class of properties or classes of properties Specified in the notification from the taxes or rates leviable under this section.[* * * * *] [[Sub-Section (4) omitted by W.B. Act 17 of 1992, which' was as under:-'(4) The tax payable under this Act by any person in the employment of any Government, local authority, company, firm or other association of persons shall be paid by such person or shall be deducted in the manner prescribed, as the case may be, by the Principal Officer thereof from any amount payable to such person on behalf of such Government, local authority, company, firm or other association of persons and the Principal Officer shall deliver the amount in the manner prescribed to the Gram Panchayat concerned.'.]]
(5)Subject to such rules as may be made in this behalf a Gram Panchayat shall levy -
(a)on all transfers of immovable property situated within the local limits of the Gram, a duty in the shape of an additional stamp-duty at the rate of two per centum or, as the case may be, the amount of the consideration for the sale, the value of the property in the case of a gift, the amount secured by the mortgage, the value of the property of the greater value in the case of exchange, or the value of the rent for the first ten years in the case of a lease, as set forth in the instrument;
(b)a duty in the shape of an additional stamp-duty at the rate of ten per centum on all payments for admission to any entertainment.
(6)The State Government may make rules for regulating the collection of the duty on transfers of immovable property and duty on entertainment referred to in sub-section (5), the payment thereof to the Gram Panchayat and the deduction of any expenses incurred by the State Government in the collection thereof.Explanation. - In this section, -
(a)"annual value", in relation to any land or building, means an amount equal to six per centum of the market value of such land or buildings at the time of assessment estimated in the prescribed manner;
(b)"entertainment" includes any exhibition, cinematograph exhibition, performance, amusement, games or sports to which persons are admitted for payment;
[* * * * * * * *] [[Clause (c) omitted by W.B. Act 17 of 1992, which was as under:-'(c) 'Principal Officer' means with reference to -
(i)a Government, the drawing and disbursing officer of the person in the employment of such Government,
(ii)a local authority, company, firm or other association of persons, the Chairman, Secretary. Treasurer, Manager, or Agent of such local authority, company, firm or other association of persons.'.]]