Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of West Bengal - Section

Section 151 in West Bengal Municipal Act, 1993

151. Notice of demand and notice fee.

(1)Save as otherwise provided in this Act, if the amount of the property tax for which a bill has been presented under section 149, is not paid within thirty days from the presentation thereof or if the tax on advertisements is not paid after it has become due, the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.] may cause to be served upon the persons, liable for the payment of the same, a notice of demand in such form as may be [prescribed.] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'specified by the Board of Councilors by regulations'.]
(2)For every notice of demand which the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.] causes to be served on any person under this section. a fee of such amount, not exceeding twenty-five rupees, as the Board of Councilors may [determine] [Substituted by the West Bengal Act 13 of 1995. we.f. 5.9.1995 for 'determine by regulations], shall be payable by such person and shall be included in the cost of recovery.
(3)If any person liable for payment of any tax under this Act does not, within thirty days of the service of the notice of demand, pay the sum due, he shall be deemed to be in default.
(4)When a person liable for payment of any tax under this Act is deemed to be in default under sub-section (3), such sum, not exceeding fifteen per cent of the amount of tax, as may be determined by [the Board of Councilors,] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1955 for 'specified by the Board of Councilors by regulations'.] may be recovered from him by way of penalty, in addition to the amount of the tax and the fee payable under sub-section (2).
(5)[ On the amount of a bill remaining unpaid after its presentation under sub-section (1) of section 149, simple interest shall be payable at such rate, not exceeding 10 per cent per annum, as may be determined by [the Board of Councilors] [[Substituted by the West Bengal Act 45 of 1994, w.e.f. 10.10.1994 old section read as :
(5)Simple interest at such rates, not exceeding ten per cent per annum, as may be determined by the State Government from time to time may also be imposed on any amount of tax remaining unpaid with effect from the date from which the person liable for the payment deemed to be in default under sub-section (3).]] from time to time, on the said amount from the day next after the expiry of thirty days from the commencement of the quarter following that in which the bill is presented :[Provided that the Board of Councilors may, with the prior approval of the State Government, waive the interest as specified in this sub-section in respect of one or more holdings, either wholly or in part.] [Inserted by section 27 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.]Explanation. - In calculating the interest payable under this sub-section, a fraction of a rupee in the amount of a bill on which interest is to be calculated shall,-
(a)where it is less than 50 paise, be left out of account, and
(b)where it is not less than 50 paise, be taken as one rupee.
(6)The amount due as penalty or interest under this section shall be recoverable as an arrear of tax under this Act.