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THE MADHYA PRADESH NAGARIYA STHAWAR SAMPATTI KAR NIYAM, 1964

THE MADHYA PRADESH NAGARIYA STHAWAR SAMPATTI KAR NIYAM, 1964

THE MADHYA PRADESH NAGARIYA STHAWAR SAMPATTI KAR NIYAM, 1964

[THE MADHYA PRADESH NAGARIYA STHAWAR SAMPATTI KAR NIYAM, 1964][1]

Rule - 1. Short title.

These rules may be called the Madhya Pradesh Nagariya Sthawar Sampatti Kar Niyam, 1964.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Act" means the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964;

 

(b)      "Assessing Authority" means the Property Tax Commissioner and includes any person to whom the Property Tax Commissioner has delegated all or any of his powers and duties under Sections 5, 7, 8, 9, 10, 11, 13, 14, 16 (2) and 19 of the Act;

 

(c)      "Form" means a form appended to these rules;

 

(d)      "Section" means a section of the Act.

Rule - 3. Powers and duties of the Assessing Authority.

(1)     An Assessing Authority shall have,

(a)      the power to

(i)       affix or cause to be affixed to any land or building within his jurisdiction any mark or number for purposes of identification;

 

(ii)      examine any document, relevant to the determination of the annual letting value of or the assessment of the amount of tax on any land or building or to the identity of the person liable to pay the tax; and

 

(iii)     get a survey made of all lands appurtenant to buildings and otherwise with a view to ascertaining their liability to the tax, and

 

(b)      the duty to

(i)       be responsible for the proper maintenance and safe custody of all registers, records and other documents required by or under the Act to be maintained;

 

(ii)      carry out such general or special orders as may be issued by the State Government from time to time in connection with the carrying out of the provisions of the Act.

 

(2)     The assessing Authority may require by order in writing any officer subordinate to it to exercise all or any of the powers and perform all or any of the duties mentioned in sub-rule (1). In addition, he may also require him to prepare and sign receipts, notices, chalans and other documents or registers required to be drawn up, maintained or issued under the Act or the rules made there under.

Rule - 4. Preparation of provisional assessment list.

(1)     As soon as may be after the commencement of the Act, and thereafter every time a fresh assessment list is required to be prepared for an urban area, the Assessing Authority shall prepare or cause to be prepared a provisional assessment list of all lands and buildings situate in the urban area in Form I containing the following particulars, namely,

(a)      the name of the division, street and ward in which the land or building is situate;

 

(b)      description of the land or building sufficient for identification;

 

(c)      the name and address of the owner;

 

(d)      the name of the occupier;

 

(e)      the annual letting value;

 

(f)       the amount of the tax assessed;

 

(g)      if the property is exempted from tax a note to that effect.

 

(2)     For preparing the assessment list the Assessing Authority shall get the entire area divided into convenient division and assigned to each land or building situate therein a serial number which shall, as far as possible, be marked conspicuously on, at, by or near it :

Provided that where the serial numbers have already been marked by the local authority, the same shall, so far as may be, be adopted for this purpose.

(3)     The assessment list may, if the Assessing Authority thinks fit, be made in separate parts, one for each division formed under sub-rule (2).

 

(4)     In areas where the annual letting value of lands or buildings situate in an urban area has already been determined by the appropriate local authority under the provisions of any of the enactments mentioned in clause (d) of Section 2, the provisional assessment list referred to in sub-rule (1) shall be prepared in the manner described in sub-rule (5).

 

(5)     There shall be obtained from the local authority concerned two certified copies of the assessment list for the time being in force in the urban area showing the lands and buildings assessed and the annual letting value to which they are assessed. The same shall then be utilized for preparing the provisional assessment list under these rules by getting entered therein the amount of the tax payable under the Act in respect of each land or building shown therein :

[2][Provided that when the annual letting value is revised under the proviso to sub-clause (a) of clause (i) of Section 5 or where the State Government directs by an order under sub-clause (b) of the said clause that the annual letting value of lands and buildings situate in the urban areas be determined or revised, the procedure to be followed in preparing the assessment list shall, subject to the provisions of clause (ii) of the said section, be as laid down in sub-rules (1), (2), (3), (6), (7), (8), (9) and (10).]

(6)     The Assessing Authority may serve on the owner a notice in Form II and the owner shall furnish return in Form III. The Assessing Authority may also require the owner to produce accounts of rent.

 

(7)     An enquiry shall be made about the gross annual rent earned or which could reasonably be earned in respect of the property during the financial year, immediately preceding the current financial year.

 

(8)     If in the opinion of the Assessing Authority the average gross annual rent of any property ascertained under sub-rule (7) when compared with any other property in that locality, be not fair or reasonable, the Assessing Authority shall determine, from such other data as may be available, the gross annual rent at which such property may reasonably be expected to let from year to year.

 

(9)     If a building contains more than one portion not belonging to the same owner, every such portion may be treated as a separate building for the purpose of these rules but not until satisfactory evidence, which shall be either a decree of Court of law or a registered document, has been given in proof of the separate ownership thereof.

 

(10)   In determining the annual letting value of lands and buildings, the following factors shall be taken into consideration,

(i)       the use to which the land or building is being put or, where it is lying vacant, the use to which it may be put;

 

(ii)      the proximity to or distance from a developed or developing area;

 

(iii)     the approach to the land or building;

 

(iv)    the state of public amenities regarding water supply, lightning and sanitation.

Rule - 5. Publication of provisional assessment list.

(1)     When the provisional assessment list has been prepared, the Assessing Authority shall prepare a notice stating at what place and time the list may be open to inspection by the public and the date by which objections thereto may be filed.

 

(2)     The notice shall be published by affixation at the offices of the Assessing Authority, the local authority exercising jurisdiction in the urban area, the District Magistrate, the Sub- Divisional Officer, the Tahsildar and at such other conspicuous place or places in the urban area concerned as may, by order, be specified by the Assessing Authority. It shall also be published by beat of drum in the urban area.

 

(3)     The date on which the provisional assessment list is made available for inspection shall be noted on the list and also in register in Form IV maintained for the purpose.

Rule - 6. Service of personal notice in certain cases.

(1)     In every case in which any land or building is proposed to be assessed after determining or revising its annual letting value in accordance with the provisions of Section 5, the Assessing Authority shall in addition to the publication of the notice under Rule 5 also cause a notice to be served on the owner for the following manner, namely,

(a)      by delivering personally to the owner;

 

(b)      if the owner is not found, by delivering the same to some adult member of his family or the servant at his last known place of residence in the urban area or to some adult employee at his usual place of business in the urban area, if any;

 

(c)      if the owner does not reside in the urban area and his address elsewhere is known to the Assessing Authority, by sending the notice to him by post on the said address under certificate of posting and that shall be regarded as sufficient evidence of the notice; and

 

(d)      if the owner is not served by any of the means aforesaid, by causing the said notice affixed on some conspicuous part of the building or land to which the same relates.

 

(2)     The notice referred to in sub-rule (1) shall be in Form V and shall contain the following particulars, namely,

(1)     name of the division, street and ward;

 

(2)     description of the land or building either by name or by number sufficient for identification;

 

(3)     type of land or building (house, bungalow, shop, vacant land, etc.);

 

(4)     use to which the land or building is being put;

 

(5)     proposed letting value;

 

(6)     amount of tax proposed to be assessed;

 

(7)     last date for filing objection; and

 

(8)     a place of filing objections.

 

(3)     Any clerical or other error in the preparation of the aforesaid notice which is not substantial, that is to say which does not render the identity of the land or building or the owner intended to be referred to therein difficult to distinguish, shall not vitiate the proceedings and all further procedure shall be taken as if a proper notice had been duly served.

Rule - 7. Filing of objection.

The objection to be filed under Section 8 shall be in writing addressed to the Assessing Authority and stating clearly the land or building to the assessment whereof the objection relates, the name of the objection and the grounds of such objection.

Rule - 8. Registration and scrutiny of objection.

(1)     The Assessing Authority shall cause all objections received under Section 8 to be entered in a register to be maintained in Form VI (hereinafter called the Register of Objections).

 

(2)     On scrutiny such of the objections as are found to be deficient in any of the following ways shall be summarily rejected by the Assessing Authority,

(i)    if the objection has been received after the expiry of the due date except where it is admitted by the Assessing Authority under the first proviso to Section 8;

(ii) if the identity and address of the objector is not sufficiently stated in the objection;

[3][(iii) if the objection seeks to question the determination of the annual letting value referred to in clause (i) of Section 5 except where the case is covered by the proviso to sub-clause (a) or by sub-clause (b) of the said clause (i); or]

(iv)  if the ground of objection or where there are more grounds than one, all of them have been so stated that no reasonable conclusion can be drawn so the exact point or points urged.

(3)     The order of the Assessing Authority under sub-rule (2) shall be in writing and shall state in brief the reasons for rejection.

Rule - 9. Issue of notice to objection.

If an objection is not summarily rejected under sub-rule (2) of Rule 8, a notice in Form VII shall be served in the manner laid down in sub-rule (1) of Rule 6 on the objector informing him of the date on and place at which the objection shall be heard.

Rule - 10. Mutation of names in the assessment list.

(1)     Any person may at any time apply in writing to the Assessing Authority to have his name entered in the assessment list as owner of any land or building. The Assessing Authority shall unless there are sufficient reasons to refuse such application, which shall be recorded in writing, order that the name of that person shall be recorded and on such order it shall be so recorded.

 

(2)     When doubt arises as to who is entitled to be entered as owner of any land or building, the Assessing Authority shall determine the person entitled to be entered as such and his decision shall remain in force till set aside by the order of a competent Court.

 

(3)     Where the rent of any land or building is under dispute and the matter is pending in a Court of law at the time of assessment, the Assessing Authority shall, subject to the provisions of the Act, determine the annual letting value of the land or the building with the help of such material as may be available, and it shall be the duty of the owner to get the correct annual letting value entered in the list upon settlement of the dispute by moving the Assessing Authority.

 

(4)     Where the proprietary rights in any land or building assessed or subject to the payment of the tax are transferred the transferee or transferees shall within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after delivery of possession, if no instrument is executed, give notice of such transfer in writing to the Assessing Authority.

 

(5)     If the owner of the land or building, assessed to, or subject to the payment of the tax, dies, the person succeeding as heir otherwise, to his rights in the properly shall similarly give notice of succession to such rights within three months from the date thereof.

 

(6)     The application to be given under sub-rules (1) and (3) shall state clearly and correctly ail the particulars about the land or the building in question, the name of its owner as shown in the assessment list and the basis on which the name is sought to be changed, the amount of the annual letting value as entered in the assessment list and the amount by which the same is sought to be replaced.

 

(7)     Any transferee mentioned in sub-rule (4) or successor under sub-rule (5) shall, if called upon to do so by the Assessing Authority, produce the instrument of transfer, if any, or a copy thereof obtained under the Indian Registration Act, 1877 or proof of succession or probate or letters of administration, if any.

Rule - 11. Settlement of objection.

(1)     The Assessing Authority shall hold an inquiry into every objection and afford to the objector and any other person, who, in his opinion, is likely to be directly interested in the result of the objection a reasonable opportunity of being heard.

 

(2)     The Assessing Authority shall hear and record such oral or documentary evidence as may be relevant to the enquiry.

 

(3)     A memorandum of order passed on every objection shall be recorded in the register of objections together with the date of such order; and the requisite correction, revision or modification, if any, shall be carried out in ink in the provisional assessment list under the signatures of the Assessing Authority.

 

(4)     An order made under sub-rule (3) shall, if not announced in the presence of the owner of the land or the building concerned, be notified to him by post under a certificate of posting.

Rule - 12. Finalisation of the assessment list.

(1)     When all the objections duly filed have been decided and all necessary corrections, revisions and modifications resulting there from have been made in the provisional assessment list, the same shall be authenticated by the Assessing Authority by signing the following certificate :

Certificate

"Certified that all objections duly made have been decided and the foregoing list has been duly revised and modified to the extent necessitated by the decision of the said objections.

Dated...................

(Signature of Assessing Authority)."

(2)     The assessment list so finalised shall be deposited in the office of the Assessing Authority. A public notice in Form VIII shall be published in the manner prescribed for the publication of the notice under sub-rule (2) of Rule 5 stating that the final assessment list has been prepared and that the same may be inspected by any person desirous thereof at the place and within the hours stated in the notice.

(3)     Every amendment, addition, correction or modification made in the list in accordance with the provisions of Section 10 or Section 11 or as a result of any appeal under Section 15 or any revision under Section 18 shall be authenticated by the signature of the Assessing Authority.

Rule - 13. Amendment of the list in certain eases.

(1)     A correction made in exercise of the powers conferred by clause (i) and (ii) of sub-section (1) of Section 10 shall, if not announced in the presence of the owner of the land or building concerned, be notified to him by post under a certificate of posting.

 

(2)     Whenever a modification is made in the list in accordance with clause (iii) of sub-section 10, the Assessing Authority shall forthwith give public notice there about that modification has been made in the existing assessment list and assessment list so modified may be inspected at the place and on the date mentioned in the notice. The notice shall be published in the manner laid down in sub-rule (2) of Rule 5.

 

(3)     The procedure laid down in Rules 6 to 9 and 11 and 12 shall, as far may be, followed in making every addition to or correction in the assessment list under clause (iv) of sub- section (1) of Section 10.

 

(4)     Every amendment, correction, modification or addition made under Section 10 shall be authenticated by the initials of the Assessing Authority in ink and shall, subject to the result of any appeal under Section 15 or any provision under Section 18, take effect from the [4][respective dates specified in sub-section (3) of Section 10].

Rule - [13-A. Manner of giving notice of transfer by the transferor under clause (iii) of sub-section (3) of Section 10 of the Act.

(1)     The notice required to be given by the transferor under clause (iii) of sub-section (3) of Section 10 shall be in writing addressed to the Assessing Authority and shall be delivered at his office in person or through an agent or by post under certificate of posting within three months after the execution of instrument of transfer or after its registration, if it is registered or after delivery of possession.][5]

 

(2)     The notice shall contain the following particulars, namely,

(i)       the name and full address of the transferor;

 

(ii)      the name and full address of the transferee or transferees;

 

(iii)     the description of the land or building sufficient for identification;

 

(iv)    the date of

(a)      execution of the instrument of transfer;

 

(b)      registration of the deed transferring the land or building;

 

(c)      delivering of possession;

 

(v)      if the building or portion thereof has been let on rent, the monthly or annual rent on which the same has been let.

Rule - 14. Manner of giving notice under Section 43 and particulars to be contained therein.

(1)     The notice required to be given by the owner under Section 13 shall be in writing addressed to the Assessing Authority and shall be delivered at his office in person or through agent or by post under certificate of posting.

 

(2)     The notice shall contain the following particulars, namely,

(i)       the name and full address of the owner of the land or building;

 

(ii)      the description of the land or building sufficient for its identification;

 

(iii)     whether the land has been acquired or the building has been built, rebuilt or enlarged;

 

(iv)    extent of the land acquired or building; re-building or enlargement undertaken; (v) date on which land was acquired or building, re-building or enlargement was completed;

 

(v)      date on which the building has been occupied; and

 

(vi)    if the building or such additional portion of the building has been let on rent the monthly or annual rent on which the same has been let.

Rule - 15. Fees.

(1)     Appeal and application for revision shall bear court fee stamps of the value specified below,

 

(2)     On memorandum of first appeal to the Assistant Property lax CommissionerRs. 5.

 

(3)     On memorandum of second appeal to the Deputy Property Tax CommissionerRs. 10.

 

(4)     On a petition for revision to the Property Tax Commissioner or Additional Property Tax CommissionerRs. 10.

 

(5)     Copying fees shall be charged at the following rates for grant of certified copies of the documents and orders other than those mentioned in Rules 20 and 23;

For every 240 words or less40 paise.

Rule - 16. Memorandum of appeal.

(1)     The memorandum of appeal to be filed under the Act shall, as far as may be,

(a)      if the appeal is under Section 15 in Form IX, and

 

(b)      if the appeal is under Section 17 in Form X. and shall be verified in the manner prescribed therein.

 

(2)     The memorandum of appeal may be presented to the Appellate Authority by the appellant or his duly authorised agent or sent to him by registered post.

 

(3)     On receiving the memorandum of appeal the Appellate Authority shall endorse thereof the date of its presentation and the name of the party or his duly authorised agent, as the case may be, presenting it.

 

(4)     The memorandum of appeal shall be accompanied,

(a)      in the case of an appeal under Section 15, by a certified copy of the extract of the assessment list or the order complained of, as the case may be;

(b)      in the case of an appeal under Section 17, by a copy of the notice of demand referred to in sub-section (3) of Section 16 or a certified copy thereof.

Rule - 17. Fixing the date of hearing and power to call for the record.

(1)     The Appellate Authority shall, as soon as may be after the memorandum of appeal is filed, fix a date for hearing of the appeal and give intimation of the same to the appellant and the Assessing Authority in such manner as it deems fit. A copy of the memorandum of appeal shall also be sent to the Assessing Authority.

 

(2)     The Appellate Authority shall call for the record of the case from the Assessing Authority, if necessary.

 

(3)     Where the material on record is insufficient to enable the Appellate Authority to come to a definite conclusion it may take additional evidence or call for such further material from an appellant or Assessing Authority as it thinks fit. Such material shall form part of the record.

Rule - [17-A. Stay of recovery of remaining amount.

Where an Appellate Authority for reasons to be recorded in writing entertains an appeal on payment of half the amount of tax by the appellant in accordance with clause of sub-section (3) of Section 15 of the Act, if may, pending the final decision of such appeal, stay recovery of the remaining amount payable under the order appealed against.][6]

Rule - 18. Hearing.

(1)     Where on the date fixed for hearing or any date to which hearing of the appeal may be adjourned, the appellant or his duly authorised agent does not appear when the appeal is called for hearing the appeal may be dismissed or may be decided ex parte.

 

(2)     Where an appeal is dismissed under sub-rule (1) the appellant may, within thirty days from the date of the dismissal of the appeal, apply to the Appellate Authority for the restoration of the appeal and if it is shown to the satisfaction of the Appellate Authority that the appellant had not received intimation of the date of the hearing of the appellant was prevented by any sufficient cause from appearing when the appeal was called for hearing, the Appellate Authority may restore the appeal on such terms as to costs or otherwise as it thinks fit.

Rule - 19. Order to be in writing.

The order of the Appellate Authority shall be in writing and shall state the points for determination, the decision there and the reasons for the decision.

Rule - 20. Supply of copy of order to the appellant and other authorities.

Copy of the order passed in appeal shall be supplied free of cost to the appellant. Copy of the order shall also be sent to the Property Tax Officer or Assessing Authority and also to Assistant Property Tax Commissioner in case his orders from the subject matter of appeal.

Rule - 21. Application for revision.

(1)     A revision under Section 18 may be preferred by way of an application to the Property Tax Commissioner preferred directly by the applicant or his duly authorised agent or sent by registered post.

(2)     An application for revision shall be accompanied by a certified copy of the extract of the assessment list or the order complained of, as the case may be, and shall contain the following particulars, namely,

(a)      the name, address and designation, if any, of the applicant;

 

(b)      the ground of revision;

 

(c)      the relief prayed for; and be signed by the applicant or his duly authorised agent and verified in the form given below :

"I....................the applicant, on behalf of the applicant, do hereby declare that the contents of this revision application are true to the best of my knowledge and belief.

Dated................

Signature..............

Rule - 22. Opportunity of hearing to be afforded to the party concerned.

The Property Tax Commissioner shall not pass any order adversely affecting any party unless an opportunity of hearing is afforded to the party concerned.

Rule - 23. Supply of copy of order to the applicant and other authority.

Copy of the order passed under Section 18 shall be sent free of cost to the applicant. A copy of the order shall also be sent to the Property Tax Officer and Assistant Property Tax Commissioner whose orders form the subject matter of revision.

Rule - 24. Court fee stamps to be punched.

All court fee stamps affixed to the memorandum of appeal or application for revision shall be punched immediately in presence of the authority concerned.

Rule - 25. Payment of tax.

The tax due for any year may be paid in two equal installments which shall become due on April 1, and October 1, of that year :

Provided that the tax due for the year 1964-65 shall be payable in one installment within sixty days from the date of service of the notice mentioned in sub-rule (1) of Rule 26.

Rule - 26. Notice of demand.

(1)     The notice of demand mentioned in sub-section (2) of Section 14 shall contain the particulars of the land and building subject to the assessment, the amount of tax or installment payable, period for which the tax or installment is demanded and the date by which the payment should be made. It shall be in Form XI.

 

(2)     Where any installment is not paid by the date fixed therein in the official concerned shall put up the quinquennial register in Form XII maintained in the office of the Assessing Realising/authority along with relevant assessment list before such authority who shall under his dated signature enter in column 10(a) of the register the amount of penalty payable under sub-section (1) of Section 16.

 

(3)     A notice in Form XIII shall be served on the assessee for giving him an opportunity of showing cause against the imposition of penalty.

 

(4)     After the penalty is imposed a notice of demand under sub-section (3) of Section 16 shall be served on the assessee in Form XIV. The penalty shall be payable in one lump sum.

 

(5)     Service of the notice of demand and notice mentioned in sub-rules (1), (3) and (4) shall be effected by either delivering it personally to the owner or assessee, or sending it to him by registered post :

[7][Provided that if upon an attempt having been made to serve a notice by personal delivery, the Property Tax Officer is satisfied that the owner of assessee is ending the service of notice, he shall cause such notice to be served by affixing a copy thereof some conspicuous part of the house (if any) in which the owner or assessee is known to have last resided or carried on business or personally worked for gain :

Provided further that in case the last place of residence or business of the owner or assessee cannot be ascertained, the service shall be effected by affixing a copy of notice on the building or land which has been assessing to tax.

(6)     Service of notice in the above mentioned manner shall be effectual as if it had been made on the owner or assessee personally.]

Rule - 27. Payment of tax in Government Treasury.

(1)     Every owner or assessee shall pay the amount of tax or penalty direct into Government Treasury.

 

(2)     Every such payment shall be accompanied by Treasury chalan from which shall be obtainable at Government Treasury or office of the Assessing Authority/Realising Authority.

 

(3)     Chalan shall be filed up in quadruplicate. One copy of the chalan shall be retained by the treasury, one copy shall be sent by the treasury, one copy shall be sent by the Treasury Officer to the Assessing Authority/Realising Authority concerned and the other two copies shall be returned to the owner or assessee duly signed as proof of payment. On receipt of chalan from the treasury, the payment mentioned therein shall be recorded in the quinquennial register in Form XII maintained by the Assessing Authority/Realising Authority.

 

(4)     The Assessing/Realising Authority shall from time to time move the Collector to recover from the owner/assessee the amount due as tax and penalty as provided in sub-section (3) of Section 14. The certificate for moving the Collector shall be in Form XV.

Rule - 28. Maintenance of a register by the Collector.

The Collector shall maintain a register in Form XVI Tahsil wise showing the amount of the tax and penalty payable by an owner or assessee as arrears of land revenue. The entries in respect of the tax and penalty in such register shall be made on the basis of the information received under sub-rule (4) of Rule 27.

Rule - 29. Realisation of the amount due as arrears of land revenue.

(1)     The Collector shall, as soon as may be, forward to the Tahsildar concerned an extract of the relevant entry in the register mentioned in Rule 28 for realising the amount due as arrears of land revenue.

(2)     The Tahsildar shall maintain a register in Form XVII showing the amount of tax and penalty recoverable as above.

Rule - 30. Method of payment.

Any person in default desiring to deposit the tax or penalty or both shall on request be given a chalan in quadruplicate duly filled in by the official concerned and the depositor shall present the same along with the amount to be deposited to the Cashier at the sub-treasury of the Tahsil where recovery as arrears of land revenue is pending. Two parts of this chalan acknowledging the receipt of the money duly sealed and signed by the Tahsildar shall be returned to the depositor as receipt, the third part shall be retained at the sub-treasury and the fourth part shall be forwarded to the Assessing/Realising Authority.

Rule - 31. Payment by revenue money order.

Notwithstanding anything contained in the rules relating to the method of payment of tax and penalty the assessee residing at a place where there is no Government Treasury or Sub-treasury may remit any amount not exceeding Rs. 250 by a revenue money order to the Assessing/Realising Authority.

Rule - 32. Refund.

(1)     If in any case the Assessing Authority is satisfied that an assessee has paid any sum in excess of the amount due from him, the Assessing Authority, upon the application made in this behalf, shall allow the refund of such amount to the assessee.

(2)     Refund shall be made through Refund Voucher. The Assessing Authority shall cause to be maintained a register showing therein the amount refunded in Form XVIII.

(3)     If an application for refund is made, the official maintaining the register mentioned in sub-rule (1) shall with reference to the said register report whether or not any refund has already been allowed in respect of the said application. The Assessing Authority shall then dispose of the application on merits.

Rule - 33. Public Charitable institutions.

(1)     For the purposes of clause (i) and of the proviso to clause (f) of Section 6, the public charitable institutions shall be as follows,

(a)      an orphanage;

 

(b)      a hospital or dispensary other than belonging to Government;

 

(c)      an alms house;

 

(d)      an institution for supplying free drinking water to the public;

 

(e)      an infirmary for the treatment of animals;

 

(f)       an institution for the purpose of burial or burning grounds or other places for the disposal of the dead;

 

(g)      an educational institution not belonging to the Government;

 

(h)     an institution established for widows;

 

(i)       goshala :

Provided that all such public charitable institutions shall be certified by the Assistant Property Tax Commissioner of the area concerned :

Provided further that the regular accounts of income and expenditure of such institutions are maintained and are open to inspection by the Assistant Property Tax Commissioner or such other person as he may appoint in this behalf to satisfy himself that the rent derived from such land or building sought to be exempted is exclusively being spent for on one or more of these institutions.

(2)     A certificate under sub-rule (1) shall be in Form XIX and shall unless cancelled, continue in force for the assessment year for which it is issued but shall be renewable by the Assistant Property Tax Commissioner.

(3)     If at any time the Assistant Property Tax Commissioner is satisfied that he was wrongly issued any certificate or that the institution concerned has ceased to be charitable institution, it, shall be open to him to cancel the certificate and inform the Assessing Authority.

Rule - 34. Form of notice under sub-section (5) of Section 14.

The notice to be served under sub-section (5) of Section 14 shall be in Form XX.



[1] Vide Notification No. 4463-3922-V-SR, published in M.P. Rajpatra, Part 4 (Ga), dated 20-11-1964 at p. 796.

[2] Substituted by Notification No. 4310-1806-V-SR, dated 21-10-1966.

[3] Substituted by Notification No. 4310-1806-V-SR, dated 21-10-1966.

[4] Vide Notification No. 4463-3922-V-SR, published in M.P. Rajpatra, Part 4 (Ga), dated 20-11-1964 at p. 796.

[5] Inserted by Notification No. 4310-1806-V-SR, dated 21-10-1966.

[6] Substituted by Notification No. 2884-407-V-SR, dated 27-9-1969Substituted by Notification No. 2884-407-V-SR, dated 27-9-1969

[7] Inserted by Notification No. 3447-1602-V-SR, dated 14-11-1967.