Section 3B in West Bengal Stamp (Prevention of Undervaluation of Instruments) Rules, 2001
3B. Guidelines for preparation of annual statement of market value of immovable property.
(1)Every registering officer shall prepare annual statement of rates of immovable property showing-(a)the rate per decimal, in case of land;(b)the rate per sq.ft., in case of buildings or any other structure;(c)the rate per sq.ft., in case of flat used for residential or commercial or semi-commercial purpose.(2)For the purpose of preparation of the annual statement of rates of land referred to in clause (a) of sub-rule (1), the registering officer shall prepare the rate of land-(a)in case of land situated within the jurisdiction of the Panchayat area, in respect of Dag No. of each mouja;(b)in case of land situated within the jurisdiction of any municipal area except the municipal corporation area, the Kolkata Municipal Corporation and the Howrah Municipal Corporation, in respect of Dag No. of each mouja or ward wise or road wise after demarcating the roads in zones;(c)in case of land situated within the jurisdiction of any notified authority or area or Development authority, in respect of sector/ block/phase wise or plot wise;(d)in case of land situated within the jurisdiction of the municipal corporation area other than the Kolkata Municipal Corporation and the Howrah Municipal Corporation area, in respect of ward wise or road wise after demarcating the roads in zones;(e)in case of land situated within the jurisdiction of the Kolkata Municipal Corporation or the Howrah Municipal Corporation, in respect of road wise or in respect of road wise after demarcating the roads in zones.(3)For this purpose, land may be classified in groups, sub-groups or classes after taking into account the type of the land, location and situational advantages or disadvantages or use of land from the market value equivalency point of view of registrable property.(4)The market value of land referred to in sub-rule (1) shall be prepared on the basis of market value of concerned land for which the said land has been transacted during the five consecutive years immediately preceding the year of preparation of annual statement of market value of immovable property. If such land has been transacted more than once, the highest value for which it has earlier been transacted shall be taken into consideration. The year-wise appreciation from the year of previous transaction to the year of preparation of the annual statement of rates of land shall he taken into consideration for the purpose of preparation of the annual statement of rates of land.(5)The market value of land which has not been transacted during the five consecutive years immediately preceding the year of preparation of annual statement of rate of such land, shall be prepared on the basis of the highest value on which land of similar nature in the same locality or in a comparable locality has been transacted during the five consecutive years immediately preceding the year of preparation of annual statement of rates of land or on the basis of decision of any court after hearing the State Government or on the basis of information, report or record that may be available from any court or any officer or any authority of the Central Government or the State Government or any local authority or local body or on the basis of information collected through local enquiry, whichever is higher.(6)If the land use of a particular land at the time of preparation of annual statement of market value of such land, has been changed from the previous land use, the rate of such land after appreciation or depreciation, as the case may be, shall be determined on the basis of such conversion ratio as may be decided by the Registering Officer with the approval of the District Registrar.(7)If at the time of preparation of annual statement of market value of the land of a particular area which has since been changed to a developing area from an underdeveloped area, the rates of land within such area shall be appreciated at the rate to be determined by the Registering Officer with the approval of the District Registrar.(8)If at the time of preparation of annual statement of market value of land occupied by a bargadar and recorded as such in the land records, the rates of such land shall be depreciated at the rate to be determined by the Registering Officer with the approval of the District Registrar subject to the condition that such land has not been transferred in favour of such bargadar.(9)If land in Panchayat area is adjacent to metal road, the market value of such land shall be appreciated at the rate to be determined by the Registering Officer with the approval of the District Registrar.(10)In case of land is situated in any municipal area, the municipal corporation area, the Kolkata Municipal Corporation area. the Howrah Municipal Corporation area or any notified authority area or an area in Development authority, the width of the approach road of a land shall be taken into consideration for appreciation/depreciation of the market value of such land at the rate to be determined by the Registering Officer with the approval of the District Registrar.(11)For the purpose of preparation of the annual statement of rates of land with buildings referred to in clause (b) of sub-rule (1), the rate of the land shall be determined in accordance with the guidelines mentioned in sub-rule (2) to sub-rule (10) and the basic rate per sq.ft. of the buildings shall be determined by the Registering Officer, in consultation with the appropriate District Registrar, on the basis of the norms of the Public Works Department for the cost of construction of the building prevailing in the concerned area taking into consideration the type of construction, locality in which it is constructed, kind of materials used for wall and roof, and any other feature that have a bearing on the market value.(12)For the purpose of preparation of the annual statement of rates of flat or any other structure referred to in clause (c) of sub-rule (1), the flats or other structures may be classified in residential, semi-commercial or commercial after taking into account the use of flats or other structure.(13)The rate per sq.ft. of market value of any flat or structure for residential use shall be determined on the basis of the highest rate on which such flat or structure of similar nature in the same locality or a comparable locality has been transacted during the five consecutive years immediately preceding the year of preparation of annual statement of rate of such flat or structure. The year-wise appreciation from the year of previous transaction to the year of preparation of the annual statement of rates per sq.ft. of the flats or structures shall be taken into consideration for the purpose of preparation of the annual statement of rates of the flat or structure.(14)The rate per sq.ft. of market value of any flat or structure for commercial use or semi-commercial use shall be determined by appreciating the rate per sq.ft. of market value of flat or structure for residential use in the same locality in accordance with the provisions of sub-rule (13) at such rate as may be decided by the Registering Officer in consultation with the appropriate District Registrar.(15)The rate per sq.ft. of market value of car parking space of any flat or structure for residential use shall be determined by depreciating the rate per sq.ft. of market value of such flat or structure in accordance with the provisions of sub-rule (13) at such rate as may be decided by the Registering Officer in consultation with the appropriate District Registrar.(16)The rate per sq.ft. of market value of the second floor or onwards of any flat or structure for residential use shall be determined by appreciating the rate per sq.ft. of market value of flat or structure for residential use in accordance with the provisions of sub-rule (13) at such rate as may be decided by the Registering Officer in consultation with the appropriate District Registrar.(17)The rate per sq.ft. of market value of the flat or any structure with mosaic flooring or marble flooring or with other amenities like lift facility or facilities for roof garden, swimming pool, club, gymnasium etc. of the residential, semi-commercial or commercial flats or other structures shall be determined by appreciating the rate per sot of the flat or the structure at such rate as may be decided by the Registering Officer in consultation with the appropriate District Registrar.(18)The rate per sq.ft. of market value of the residential, semi-commercial or commercial fiats or other structures situated in a special project, shall be determined separately by the Registering Officer in consultation with the appropriate District Registrar considering all the amenities provided in such special project.
