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Bengal Presidency - Section

Section 79 in Cess Act, 1880

79. Valuations under this chapter to be annual. - New valuations under this chapter shall be made by the Collector of the district every year, and such Collector may for that purpose cause such notices to be issued and served, and such returns to be made, and shall have such powers and authorities as are in this part mentioned and conferred:

Provided that whenever any return made under section 72[in respect of any property assessable under this Chapter] shall be accepted by the Collector for any year, the owner, chief agent, manager or occupier of such property may, if he see fit, declare in writing at the time of such acceptance that [the annual despatches or the annual net profits, as the case may be,] set forth in such return may, for the purposes of this Act, be deemed to be [the annual despatches or the annual net profits, as the case may be,] for each of the five years then next ensuing:and, if the Collector of the district shall agree to accept such declaration, no new valuation shall be made of such property until the said five years shall have expired:[Provided further that if the Collector is satisfied that though][despatches issued or] net profits accrued, from any property assessable under the chapter, in any previous years no cess was paid in respect thereof the Collector shall proceed to ascertain and determine by such ways or means as to him shall seem expedient [the annual despatches or the annual net profits, as the case may be, in respect of such property] for each such year during a period not exceeding the last preceding three years, and road cess and public works cess shall be payable in respect thereof at the rate determined for each such year, respectively, and the Collector shall add the amount of such cess to the amount shown in the notice to be served under section 80 and such cess shall be payable in two equal instalments as provided in section 80.[80. Notice of rate of cess and date of payments. - When the rate of road cess and public works cess to be levied in the district upon property assessable under this chapter shall have been determined for any year is in this Act provided, the Collector of the district shall cause to be served on the owner, chief agent, manager or occupier of every such property notice showing the amount of road cess and public works cess respectively payable in respect of such property, and specifying the date from which such cesses shall take effect. Such amount shall be payable by such owner, chief agent, manager or occupier to such Collector in two equal instalments within a period of sixty days from the date of service of the notice as aforesaid].