The Assam Urban Immovable Property Tax Act, 1963
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO .XIX OF 1963 '£ tl'E ASSAM URB AN IMM OV ABLE PR OP ER TY TA X AC T, 1963, (R ec ei ve d t h e a ssen t o f th e P re si d en t on th e 3r d A ugu st 1963) (As passed by the Assembly) [Published in the Assam Gazette E xtr aordina ry, dated the 7th August 1963] An Act to impose a tax on imm ovab le prop erty in urban areas in the State o f Assam . Preamble, Whereas it is expe dien t to impose a tax on imm ovab le pro per ty in ur ba n areas in the Sta te of Assam : It is hereby ena cted in the Fourt eenth Y ear of the Repub lic of India as follows : ■ — Sho rt title , 1. (i) This Act may be called the Assam Ur ban extent a nd i m m o v a kie Property Ta x Act, 1963. commence* r / ? ment. (2) I t ex tends1 to all urban areas i n Assam. (3) It shall come into force on such da te as the State Governmen t may, by notification in the Official Gazett e, app oin t. Definitions. 2. In this Act, unless ther e is any thin g rep ugnant in the subject o r con text — (1) “ ann ual value ” means— (a) in the Mun icipal areas the ann ual value of Ass am land s and buildings as dete rmined in Act XV of acco rdan ce with the provisions of the 1957- Assam Municipal Act, 1956 ; or ( Z > ) an nu al value as determ ined in the!'final Valuation List referred to in sub-se ction (5) of section 6 ; (2) “ assessee” m eans a person by whom Ur ba n Immovab le Pro perty T ax or any other sum of money is payab le und er this Act and includes every other perso n in respect of whom any proc eeding under this Act has been tak en for the d etermi nation o f the Ur ba n Immo vab le Pro perty Ta x pay able by him ; (3) “B oar d” means the Assam Board of Revenue . ^ssant constitu ted under the Assam Board of Revenue Act, igg2,X ' ' 1962 or und er any statutory modification or re- enact ment thereof ; Pric e 0-25nP, V- 2 Lev y of Urb an Im movab le Propert y Ta x, Exemptions . (4) “ Commissioner” means the Commissioner app oin ted u nd er section 5 ; (5) “ Governme nt” means the State Gov ernm ent ; (6) “ Mun icipal ar ea ” means any area declared to be or included in the Mu nic ipa lity under t he provi sion of sub-section (2) of section 5 of the Assam Ass am Mu nicipal Act, 1956, o r d eclared to be a notified area Ac t XV of under the provision of ^sub-section (4) of section 334 of the said Act ; (7) “ occu pier” means the person for the time being in actu al occ upa tion of, or pay ing, or liable to pay to the owne r, ren t or any portion o f rent o f the land or building in respec t of which the word is used, and includes a person o ccup ying a land or building or pa rt of a lan d or building rent free, and an owne r living in his own house ; (8) “own er” includes any person for the time bein g receiving re nt of any lan d or buildin g or any pa rt of any land or building whe ther on his ow n accoun t or as a gent or trus tee for a ny person o r society or for any religious or charitab le purpose, or as a receiver, or who would so receive such ren t if the land , building or pa rt the reo f are let to a ten an t ; (9) “ pres crib ed” means prescribed by rules made under this Act ; (10) “ State ” means the Sta te of Assam ; (11) “urban are a” includes a Mu nicipal are a and any area declared to be such by the Governm ent by notification in the Official Ga zet te, within 16 kilo.m e< tres of any Municipal are a ; (12) “urban land and building ” means any lan d and buildin g with in any urban are a ; (13) “y ear” means the fin ancial year; 3. Subject to the oth er provisions con tained in this Act, the re shall be levied and collected for every year a tax here inaf ter called the “Ur ba n Imm ovable Propert y Ta x” , on all land s an d buildings in urb an areas. Th e quantum of tax shall be three per c ent of the ann ual value of the land and buildin g and sha'l be recov erable from the own er thereof. 4. Th e Ur ba n Imm ova ble Property Ta x shall not be leviable in respect of urba n land s a nd buildings :— (a) occu pied by the Sta te or the Central Go ve rnmen t; 3 Taxing author ity. Valuation List. (b) owned by— (i) a Mu nicipal Board or Tow n Com mittee ; (ii) a Panch aya t or Ma hku ma Parisha d cons titute d under any law for the time being in force : (c) set ap art for public worship and actu ally * so used ; (d) used exclusively as a public burial or bu rn ing grou nd ; (e) used for charit abl e purposes as the Govern me nt may by notification specify ; (f) used for the pre serv ation of anc ient mon u ments. 5. (1) The Gov ernm ent may., for c arry ing out the purpose of this Act, app oin t a Commissioner and such othe r persons to assist him as it m ay think fit. (2) Persons app ointed u nde r sub-section (1) shall exercise such powers as may be conferred and perform such duties as m ay be required by or und er this Act. (3) All persons app ointed und er sub-section (1) ?c tX L V shall be deem ed to be pub lic serva nts within the mean - 18 6°- ing of section 21 of the India n Penal Code , 1860. 6. (1) In ord er to levy the Ur ban Imm ovable Propert y Tax, the prescribe d aut hority may obtain in the beg inni ng of each year from the Municipal Board or Tow n Com mittee, as the case m ay be, a list of owners of lands and buildings wit h the ir addresses in respect of wh ich ann ual valu e has been det erm ined by the Municipal Board or Town Committee. (2) Where no an nu al value of any land or build ing has been dete rmined by the Municipal Board or Town Com mitte e, the prescribed autho rity , after mak ing such enqu iries as may be necessary, shall dete rmine the valu ation of such land or buildin g within such Mu nic ipa l are a as h ereinaft er prov ided and shall enter the sam e in a list called the dra ft Valua tion List, which shall be in the pr escribed form. (3) As soon as m ay be, after pre paration of the dra ft Va lua tion List, the prescribed autho rity shall pub lish a notice in the p rescribed ma nner calling for any objection to the said Valua tion List, to be pre ferred within thi rty days of the date of pub lica tion of the said notic e. (4) Where any objec tion is preferred under sub section (3), the p rescr ibed author ity shall, after afford ing a reas onable opp ortunity of being hea rd to the objector, decide the objection an d shall confirm or modify th e dra ft Valua tion List. 4 (5) Subject to such modification as provided in 'th is Act, the d raft Valuation List shall be final Valua tion List afte r t hir ty days of issue o f the notic e under sub-section (3). Returns . The prescribed author ity, in order to pre pare the V aluatio n List und er section 6 may, whenever it thinks fit. by notice requ ire any owne r or occu pier of urb an lan d or building to furn ish it, wit hin fifteen days, with return of th e ren t or annual. value the reo f and such oth er info rma tion as it may re qu ir e; and the pres cribed autho rity, at any time between sunrise and sunset, may enter, inspect and mea sure any such land or bu ild ing: Provided th at the prescribed au thor ity m ay, in respect o f any partic ula r owner or occupie r and for reasons to be reco rded in writing, extend the date of furnishin g r etur ns. Principles of 8. (1) In determ inin g the an nu al value of urb an determ ining land s a nd buildings und er section 6, the pres crib ed va Ju e*11 113' aut hority shall follow such procedu re as may be prescribed and shall have rega rd to the following matter s, namely :— (a) the locality in whic h the urban land and building is situ ated ; ( Z » ) the pre domi nan t use to whic h the urb an land and building is pu t, th at is to say, industrial, commerc ial or residential ; (c) accessibility or proximity to market, disp en sary, hosp ital, railway station , edu cat ion al institution or Governmen t offices ; (d) availability of civic amenities like water sup ply, drai nag e an d lighting ; and (g ) such oth er m atte rs as may be prescribe d. , (2) Th e prescribe d a uth ority shall follow the same procedu re, as far as m ay be pra ctic able, as is followed by a Mu nicipal Board or Tow n Com mit tee in deter min ing the annual value of u rban land s and build ings. Pen aitv for 9- Whoever refuses o r fails to furnish any ret urn non -submis-. under section 7, or knowingly furnish a false or incor- sion of rect ret urn or info rma tion , shall be liable to a fine not ^ ‘u™h?r f°r exceeding twen ty rupees and to a furthe r fine not false inlor- exceeding five rupees for each day d uring which he mation. omits to furnish a tru e and corr ect return ; and whoever obstructs, hinders or prev ents I the prescribed autho rity from ente ring or inspecting or measuring i any such l and or buildin g shall be liab le to a fine no t exceeding two hundred rupees. Agsessraenf. 10. Th e prescribed autho rity in the beginning of each yea r on obtaining the necessary information from the Municipal Board or Tow n Com mittee or on completion of the final Valua tion List, shall assess th e am ount of tax due from the owner. In the event of failure of the owne r to comply wit h the terms of notice under section 7, the assessment shall be done by the prescribed autho rity to the best of its ju dg ment. Power of Government to 1 educe or remit Urban Immovable Property Tax. 11. (1) G overnm ent may, subject t o such rules as may be mad e in this behalf, by o rder reduce or rem it, whe ther prospectively or retrospectively the Ur ba n Immovab le Propert y Ta x payable in respect of any class of urban lands and buildings or by any class of persons and in partic ula r the tax paya ble in respect of u rban lands and buildings which are occup ied wholly or partly by the owners themselves. (2) Th e Government may at any tim e cancel or modify any orde r issued und er sub-se ction (1) and upon such cancellation the Ur ban Imm ovable Pro perty Ta x shall be payable in respect of the land and building concerned with effect from the y ear in which such cancellat ion is m ade. Realisation 12. Where the u rba n land and buildin g belong to of tax in a firm or an association of persons, oth er tha n a solTt'r ai'o f company as defined in the Companies Act, 1956 and any firm°or * n r e s P e c t °f which tax is due under this Act is discon- associati&n. tinued or the association of persons is dissolved the Urb an Imm ovable Propert y Tax shall be levied upon and recovered jointly an d severally, from every perso n who at the time of such discontinuance or dissolution was a pa rtn er of such firm or mem ber of such association ; and all the provisio n of this Act shall app ly according ly. Appeal to 13. (1) Any owner objecting to an orde r passed the prescrib- under this Act may, within thirty days from the date ed authority* o f t }i e finalisation of the Valua tion List under sub section (5) of section 6, or service of an y oth er orde r, appea l to the prescribed aut hority again st such order provided that this perio d may be exten ded by the prescribed autho rity for good and sufficient reasons to be recorded in writ in g: Act I of 195 6. Prov ided also th at no app eal shall be entertain ed by such autho rity unless it is satisfied th at the amoun t of tax assessed or penalty imposed has been paid : Provided furth er th at such aut hority , if satisfied th at an owne r is un abl e to pay th e tax assessed, may, for reasons to be reco rded in writin g, entertain an app eal without such tax having been paid . 6 (2) In disposing of an app eal under sub-section (1) the ap pell ate autho rity ma y— (a ) confirm, reduc e, enhance or annu l the order of valua tion or assessment, or ( Z > ) set aside the order of valuat ion or assess me nt and direct a fresh valuat ion or assessment a fter such enquiry as may be orde red, or (c ) confirm, reduce or ann ul the ord er of pen alty . (3) Th e order of the app ella te autho rity shall be final except as provided in section 14 and section 15. Revision by 14. (1) Th e Commissioner may call for a nd Gommis- exam ine the reco rd of any proceeding un de r this Act, noner. and if he considers th at any ord er passed therein by any person app oin ted under section 5 to assist him is erron eous in so far as i t is prejudicial to the interests of reven ue, he may, after giving the owner an opp ortu nity ol bein g heard and afte r mak ing or causing to be ma de such enq uiry as he deems neces sary, pass such orders ther eon as the circu mstances of the case justify, incl udin g an order enhancing or modifying the valuatio n or assessment, or cancelling the valuation or assessment and directing a fresh valua tion or assessment as the case m ay be. (2) In the case o f any ord er othe r tha n an order to which sub-section (1) a pplies passed by any person app ointed und er section 5 to assist him , the Commis sioner may , eith er of his own motio n or on a petition by the owne r for revision, call for the record of any proce eding under this Act in which any such order c, has been passed and may make such enq uiry or cause y ' such enquiry to be made, and subject to the provi sions of this, may pass such orde r thereo n, not being an ord er prejudicia l to the owner, as he think s fit. * (3 ) In the case of a pet itio n for revision und er sub-section (2) by an owner, the pet itio n shall be made with in nin ety days from the date on whic h the ord er in ques tion was com municated to him or the da te on whic h he otherwise came to know of it, whichever is e ar li er : Provided th at the Commissioner before whom the petiti on is filed may ad mit it after the expiration of the p erio d of nine ty days if he is satisfied th at for reasons beyond the control of the petitio ner or for any o the r sufficient cause, it could not be filed within time. 4 1 (4) Th e Commissioner shall no t revise under this section in the following any order cases : («) < ■ (*) fa where an app eal aga inst the ord er lies under section 13 or 15 bu t has not been mad e an d the time within which such app eal may be made has not expired , or in the case of an appeal to the Board, the owner has not waived his right of app eal ; or where the o rder is pen ding on appeal und er section 13 ; or where the o rde r has been made the subject of a n app eal to the Board. 1 i J Ex plan ation .—An order by the Commissioner declining to interfere shall, for the purposes of this sectio n, be deemed not to be an ord er prejudicial io an owner. ^he^Board 0 ) Any owner objecting to an ord er passed of Rev en ue . in appea l und er section 13 or passed in revision under sub-section (1) of section 14 m ay app eal to the Board within sixty days o f the date on which such order is com munica ted to him. (2) Th e Board may admit an app eal after the expirati on of the sixty days referr ed to in sub-section (1) if it is satisfied th at for reasons beyond the control of the app ellant or for any other sufficient cause it could not be filed with in time. (3) An appeal to the Board shall be in the pres cribed form and shall be verified in the prescribed manner, and shall be accompanied by a fee of twenty- five rupees. Not ice of (4 1 The Board may, after giving the owner an De ma nd opportunity of being h eard , pass such orders thereon as it thinks fit, and shall c ommunicate any such orders to the owner and to the Commissioner. 16. When a ny tax or penalty or other trues is or are payable in consequence of any order passed under or in pursuance of this Act, the prescribed autho rity shall serve upon the person liable to pay such tax cr penalty or other dues a notice o f demand in the pres cribed form specifying the sum so payable and the date within which such sum shall be paid. Mod e of rc- 1 7 . (1) If the dema nd in respect of any dues under co ve ry. this Act is not paid on or before the date specified as aforesaid, the owner shall be deemed to be in defau lt; 8 Provided tha t the prescribed authority may, in respect o f any p artic ular owner and for reasons to be recorded in writing, extend the date cf paym ent of the dues or allows such owner t o pay the same by instal men ts and: in th at case the owner shall not be deemed to be in default till the da te as e xtended or the last date of payment by in stalm ent is over. (2) Where an owner is in default, the prescribed autho rity may in his discretion, direct that , in addition to the amo unt due, a sum not exceeding that amount shall b e recovered from the defaulter by way of penalty. (3) Where an owner is in default, the prescribed autho rity may order tha t the amount due shall be recoverable as an arrear of land revenue and may proceed to realise the amou nt due as such. Ta x of 18. Where an owner of urban land or building; deceased cjjeS ; t ji e t a x s }i a] ] be levied upon and recoverable from rep resenta - his; executor, adm inistrator or other legal repres entative, tiv e. as th e case may be. Ta x whe n 19. When the urb an land or building of an owner, pa ya bl e by p a s s e s o n t 0 a n y p e r s o n w hether by sale, inheritance or otherwise, the liability to pay tax payable in respect of such land or building and remaining unpaid at the time of such passing on, shall be jointly and severally on the transferor and the transferee, and the transferee shall within thirty days of such passing on, apply to the prescribed authority to record his name. Lia bility of 20. Where the urb an land or buildin g is in-charge gu ardian & o f a n y g u a r dian , trustee or age nt of a minor or othe r ’ ' inc apaci ate d person on beh alf of, and for the benefit of, such minor or oth er inc apaci ate d person, the urb an Imm ovable Propert y Ta x shall be levied upon and recov erable from such guard ian , tru ste e or agen t as the case may be, in the like m anner and the same exte nt as i t would be leviable upo n an d recov erable from any such min or or other incapa cia ted person, if he were of full age and sound min d an d all the provisions of this Act shall apply acco rding ly. Re fun d. 21. Th e pres crib ed autho rity on being satisfied either on an app lica tion or on any o the r ma nner th at the owne r has paid in excess of the sum due from dm shall order, as soon as it may be, the refu nd ot the sum so pa id in excess : Provided th at the prescribed au tho rity may set off such sum against other dues from the same owner . 9 B^ cti fic a- 22. (1) Th e autho rity which made a valuation non . Q r assessment or passed an ord er on appea l or revi sion in respect thereof may, at any time with in three year s from the date of such valu ation, assessment or ord er and of its own motion , rectify ai y mistake ap pa ren t from the record of the case, and shall, within the like period, rectify any such mistake as has been bro ught to its notice by an owne r : Provide d tha t no such rectification shall be mad e having the effect of enhanc ing the assessment unless the autho rity concerned has given notice to the owne r of its inte ntio n so to do and has allowed him a reasonable opp ortunity of being, heard . (2) Where any such rectif icatio n has the effect o f reducing the assessment, a refund shall be due to the owner, (3) Whe re any such rectification has the effect of enhancing the assessment, a notice of dem and shall be issued for t he sum paya ble. False Sta- 23. Who ever makes a statem ent in verification tem ent in o r declara tion in conne ction with any proceedings e c a r a t l o n‘ under this Act which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrat e, be pun ishable with simple impri son me nt which may ext end to six month s o r with fine which may exte nd to one thousand rupe es or with both. Power to 24. The prescribed autho rity may, for the pur - call for in- poses o f this Act— forni'tfon. 1 I - '- 3 $ '' > « • ' (1) requ ire any firm or association or Hi ndu undivided or jo int family to furnish it with a sta tem en t of the names and addresses of the members of the firm or association or o f the names and addresses of the ma nager or mem bers of the family, as the case may be ; (2) req uir e any person whom it has reason to believe to be a trustee, gua rdian, manager or agent to furn ish it with a stat ement of the names of the persons with their addresses for or of whom he is a trus tee, gu ard ian , ma nag er or agen t ; (3) requ ire any Mun icipal Board o r 1 own Com mittee to furnish t he names a nd addresses of owners of ur ba n land and building situ ated within its area an d copies of valu ation list and assessment registers 10 Bar of 25. No suit shall be bro ught in any Civil Cou rt SCouri n t o s e t a s *de or modify the tax levied or orders passed under the provisions of this Act, and no prosecution suit or other proce edings shall lie aga ins t any officer of the Sta te Governm ent for any thin g in good fait h done or inte nded to be done under this Act or the rules made thereu nder. Liab ility of 26. Th e pres cribed autho rity shall, for the pur - A,rt 19 08 V gu ardi an & poses of this Act, have the same powers as are vested 0 tru ste e, etc. ; n a Court under the Civil Pro cedure Code, 1908 , when trying a suit in respect of the following ma tters— (1) enforcing the attend anc e of any person and exam ining him on oath or affirmation ; (2) compelling the produc tion of documents ; (3) issuing commissions for the exam ination or witnesses ; an d any such proceedings before the prescribe d au tho rity shall be deem ed to be a “judicial proc eeding” within the mea ning of sections 193 and 228 an d for j^ qV the purposes of section 196 o f the India n Pen al Code, 1860. Com pu tatio n 2 7- com puting the period of lim itation pres- of th e cribed for a n appeal or revision, the day on which the . perio d of orde r compla ined of was served and the time requisite lim itat io n. fo r obtain ing a certified copy of such order, shall be excluded. Inf orm ation to be furni she d reg ar di ng chan ge of ow ner ship. 28. If any^owner— (a) sells or otherwise disposes o f his urban land or build ing or a ny part thereo f, or (b) acquires or occupies any new land or buil ding in an urb an area, or (c) constructs any new build ing or house in an urb an area, he shall w ithin the prescribed time inform the prescribed authority accordingly ; and if any such owner dies, his legal representative shall in like manner inform the said authority. Deleg ation o f 2 9 .1 he Government may delegate, by notification the po we rs in the Official Gazette, any of the powers of the of Comm is- Commissioner, under this Act to any person appo inted sioner. under section 5 to assist the Commissioner. 11 Offences an d Penalties. 30. (1) Whoever— (a) fails to pay the tax due from him within the prescribed period ; cr (b) fraudulently or wilfully evades the payment of any tax due under this Act ; or (c) obstructs any prescribed au thor ity from entry unde r section 7 ; or (d) fails or neglects to comply with any requ ire men t made by him under the provisions of this A c t; or (e) knowingly produces incorrect accounts registers or documents or knowingly furnishes incorrect information ; or (f) contravenes any other provision of this Act cr the Rules m ade the reu nder ; shall be liable, on conviction, to a fine which may extend to one th ousand rupees and when the offence is a continuing one, with a daily fine not exceeding fifty rupees during the period of the continuance of the offence. (2) No Cou rt shall take cognizance of any offence under this Act or the Rules framed thereunder, except on a coni plaint in writing by the prescribed authority, and no Cou rt inferior to th at of a Magistrate of the First Class shall try any such offence. (3) Notw ithstanding anything contained in the Code of Criminal Procedure, 1898, all offences punishable unde r this Act shall be cognizable and bailable. Power to 31. (1) Th e prescribed authority m ay, at any t'me , compound accept from any person who has comm itted an offence offences, under section 30 by way of composition of offence, a sum of money not exceeding one thousand rupees cr double the amo unt of tax involved, whichever is gre ater, in addition to the tax to be recovered. Act V of 1898. (2) On payme nt of such sum of money as may be determined under sub-section (1), the prescribed autho rity shall, where necessary, repo rt to the court that the offen ce has been compounded and thereafter no furth er proceedings under section 30 shall be taken again st the offender in respect of the same offence and the said Co urt shall disch arge or acq uit the accused, as the case may be. 12 Po wer to 32. (1) Th e State Governm ent may , make rules □ la ke rules. consistent wit h the provisions of this Act, for securing the pay ment of tax and gene rally for the purpose of carr ying into effect the provisions of this Act. (2) In partic ula r and witn out prej udice to the gene rality of th e foregoing power, the State Govern me nt may make rules :— (a) prescribing the manner in which and the intervals at which tax and pen alty shall be paid un de r this Act ; ( b ~ ) prescribing the aut hority or auth orities for the p urpose of ca rrying out any function under any of the provisions of this Act ; (c ) prescribing the form in which the Va lua tion List shall be pre pared ; (< /) prescribing the manner in which a nd con ditions under which the Governme nt may reduce or rem it the Ur ban Imm ovable Property Ta x ; (e ) pres cribing the ma nner in which an appeal petitio n may be filed under sections 13 and 15 ; ( y ) prescribing the ma nner in which a revision peti tion may be filed u nder section 14 ; (#) prescribing the ma nner in whic h refun d under section 21 shall be mad e ; a nd (A ) pro viding for any oth er matter for which the rules can be or may be prescribed. (3) All ru les under this section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made and shall be su oject to such modification as the Legislative Assemblv may mak e during the Session in which they are so laid or the Session immediately following. AGP (Leg) 24/64— 1, 02 2— 21 -1-64
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