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State of West Bengal - Section

Section 83 in The Calcutta Improvement Act, 1911

83. Terminal Tax on passengers by Railway or Inland Steam-Vessel. -

(1)Every passenger brought to or taken from any station in the Calcutta Municipality or the Howrah Municipality by railway, andevery passenger brought to or taken from any landing place in the port of Calcutta, within [eight kilometers] [Substituted by W. B. Act 20 of 1961.] from Government House, by inland steam-vessel,shall pay a tax of [three naye paise] [Substituted by W. B. Act 20 of 1961.] in respect of each journey so made by him:Provided as follows: -
(a)the said tax shall not be payable by any passenger brought from, or taken to, any place situated within a radius of [forty-eight kilometers] [Substituted by W. B. Act 20 of 1961.] from Government House;
(b)the [State Government] [Substituted by the Adaptation of Laws Order, 1950.] may, by notification, either -
(i)[* * *] [Words omitted by Act 38 of 1920.] reduce the said radius to any distance less than [forty-eight kilometers] [Substituted by W. B. Act 20 of 1961.], in its application either to passengers generally or to passengers of any specified class, or
(ii)[* * *] [Words omitted by Act 38 of 1920.] cancel proviso (a), or
(iii)reduce the said tax to any lower rate, either in respect of passengers generally or in respect of passengers making frequent journeys;
(c)the said tax may, in the case of passengers taking suburban season tickets, be calculated at the rate of [thirty-seven naya paise] [Substituted by W. B. Act 20 of 1961.] per mensem for each such ticket, or at such lower rate as the [State Government] [Substituted by the Adaptation of Laws Order, 1950.] may prescribe by notification.
(2)The said tax shall be collected by means of a surcharge on fares, by the administration of the railway, or the owner of the vessel, by which the passengers are carried, and shall be paid to the Board at such time as may be prescribed by rule made under section 86, after making such deduction as the [State Government] [Substituted by the Adaptation of Laws Order, 1950.] may approve to meet any expenses incurred in connection with the collection of the tax.
(3)The owner of every inland steam-vessel referred to in sub-section (1) shall prepare and deliver, or cause to be prepared and delivered, to the Chairman, each quarter, a return in the form prescribed by rule made under section 86, of all passengers, carried by such vessel, by whom the tax imposed by that sub-section is payable; and shall subscribe, at the foot of such return, a declaration of the truth thereof.
(4)Every such return shall be delivered to the Chairman or posted to his address within fifteen working days, or at most within thirty days, after the end of the quarter to which it relates.Explanation. - - The expression "working day" as used in this sub-section, means every day except a public holiday as defined in section 25 of the Negotiable Instruments Act, 1881.
(5)If this Act is directed to come into force during a quarter, the first of the said returns shall be made for the unexpired portion of that quarter.
(6)The expression "administration" and the expressions "owner" and "inland steam-vessel" as used in this section, have the same meanings as in the Indian Railways Act, 1890, and the Indian Steam-vessels Act, [1917] [Figures substituted by Ben. Act 1 of,. 1939.], respectively.
(7)[ After the commencement] [Sub-section (7) inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.] of [the Constitution] [Words substituted by the Adaptation of Laws Order, 1950.], a tax on passengers by railway shall only be leviable under this section if it [was lawfully levied] [Words substituted by the Adaptation of Laws Order, 1950.] immediately before that date, and shall only be leviable until provision to the contrary is made by [Parliament] [Words substituted by the Adaptation of Laws Order, 1950.],Customs duty on Jute.