Section 102 in Siliguri Municipal Corporation Act, 1990
102. Determination of annual valuation.
(1)Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XIII of 1956) or in any other law for the time being in force, for the purpose of assessment of the consolidated rate, the annual value of a holding comprising land and building shall be deemed to be the gross annual rent including service charges, if any, at which such land or building might at the time of assessment be reasonably expected to let from year to year, less an allowance of one-sixth of such annual value for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent.(2)The annual value of a holding comprising vacant land only shall be deemed to be an amount equal to but not exceeding five per cent, of the estimated market value of the land at the time of assessment.(3)If the gross annual rent of any class or classes of lands or buildings cannot be easily estimated, the annual value of a holding comprising such land or building shall be deemed to be an amount which may be equal to but may not exceed seven and a half per cent, of the value of the holding obtained by adding the estimated cost of erecting the building at the time of assessment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land valued with the buildings as part of the same premises.(4)The estimated cost of erecting a building shall not, for the purpose of determination of annual value, include the cost of any plant or machinery ' (excepting those enumerated in Schedule V) on the land or the building as aforesaid.(5)In the case of any land or building or part thereof used for public cinema shows or theatrical performances or as a place of similar public recreation, amusement or entertainment, gross annual rent of such land or building or part thereof, as the case may be, shall be deemed to be seven and a half per cent of the gross annual receipts in respect of such cinema shows or theatrical performances or place of public recreation, amusement or entertainment, including receipts from rent and advertisements and sale of admission tickets but excluding taxes on the sale of such tickets:Provided that the provisions of this sub-section shall not apply in the case of temporary fairs, circuses, and casual shows or performances.(6)The annual value as determined under this Chapter shall be rounded off to the nearest ten rupees.
