section 141AA
Property taxes of what to consist and at what rate leviable.
The Gujarat Provincial Municipal Corporations Act, 1949For the purposes of sub-section (1) of section 127, property taxes shall comprise the following taxes which shall, subject to exceptions, limitations and conditions hereinafter provided, be levied on bulidings and lands in the City:- (a) a water tax at such percentage of the amount of general tax levied under section 141B as the Corporation shall deem reasonable, for providing water supply for the City: Provided that the Corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties: Provided further that the minimum amount of such tax to be levied shall,- (i) in respect of any one separate holding of land or of any one building (not being premises used exclusively for residential purpose) or of any one portion of a building which is let as a separate holding and which is not used exclusively for residential purpose, be not less than five rupees per mensem for any official year; (ii) in respect of any premises used exclusively for residential purpose, be not less than three rupees per mensem for any official year. (b) a conservancy and sewerage tax at such percentage of the amount of general tax levied under section 141B as will in the opinion of the Corporation suffice to provide for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cesspools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such matters: Provided that the Corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties: Provided further that the minimum amount of such tax to be levied in respect of any one separate holding of land or of any one building or of any one portion of a building which is let as a separate holding shall be not less than two rupees per mensem for any official year and that the amount of such tax to be levied in respect of any hotel, club, industrial premises or other large premises may be specially fixed under section 137: (c) a general tax which may be levied in accordance with the provisions of section 141B, if the Corporation so determines on a graduated scale; (d) betterment charges leviable under Chapter XVI. Explanation.─(i) Where any portion of a building or a land is liable to a higher rate of the general tax, such portion shall be deemed to be a separate property for the purpose of municipal taxation. (ii) The water tax for providing water supply for the City and the conservancy tax for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains may be levied and collected jointly as ‘water and sewerage charges’ at the rate based on the carpet area and the type of the property.] 141 B. (1) For the purposes of 2[clause (c) of section 141AA,general tax] shall, subject to such exceptions, limitations and conditions hereinafter provided, be levied annually on buildings and lands in the City at such rate per square metre of the carpet areas of buildings and of the areas of lands (hereinafter referred to as “the rate of tax”) as the Corporation may determine. (2) For the purpose of levy of tax on buildings in the City under sub-section (1),— (a) the buildings may be classified into residential buildings and buildings other than residential; and (b) the Corporation may determine one rate of tax for residential buildings and the other rate of tax for buildings other than residential : Provided that it shall be lawful for the Corporation to determine for residential buildings, the carpet area of which does not exceed forty square metres, such rate of tax as is lower than the rate of tax determined for residential buildings generally under this sub-section. (3) The rate of tax determined under sub-section (1) read with sub-section (2) shall not— (a) in respect of residential buildings, be less than ten rupees per square metre of carpet area and more than forty rupees per square metre of carpet area, and (b) in respect of buildings other than residential, be not less than twenty rupees per square metre of carpet area and more than eighty rupees per square metre of carpet area. (4) The Corporation may, subject to rules, increase or decrease or neither increase nor decrease the rate of tax determined under sub-section (1) read with sub-sections (2) and (3),— (a) in the case of residential buildings, having regard to the following factors, namely :— (i) the market value of the land in the area of the City in which the buildings are situate, (ii) the length of the time of the existence of the buildings, (iii) the type of the buildings, and (iv) whether the buildings are occupied by owners or tenants, (b)in the case of buildings other than residential, having regard to the following factors, namely :— (i) the market value of the land in the area of the City in which the buildings are situate. (ii) the length of the time of the existence of the buildings (iii) the purpose for which the buildings are used, and (iv) whether the buildings are occupied by owners or tenants. (a) residential huts, and (b) residential tenaments in a chawl, each such tenament having carpet area not exceeding twenty-five square metres, Such amount of tax as the Corporation may determine: Provided that the amount so determined shall not be less than such amount as the State Government may, by notification in the Official Gazette, specify. Explanation.- For the purpose of levy of tax under this section, where an addition is made to an existing building whereby the carpet area of that building is increased, such addition shall be treated as a separate building and the length of the time of its existence shall be computed from the year in which the addition is made.
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