GMA 113 — Tax from whom primarily leviable

Gujarat Municipalities Act, 1963

Statutory text

(1) Subject to the provisions of sub-section 55A[* * *](6), a tax imposed in the form of a tax on buildings or land or both shall be leviable primarily from the actual occupier of the property upon which the tax is assessed if he is the owner of the property, or holds it on a building or other lease from the Government or from the municipality, or on a building lease from any person, otherwise the tax shall be primarily leviable as follows, namely:- (a) if the property is let, from the lessor;

(b) if the property is sublet, from the superior lessor;

(c) if the property is unlet, from the person in whom the right to let the same vests : Notice to be given to the executive committee of demolition of or removal of building. New assessment List need not be prepared every year.

Provided that the tax due in respect of buildings vesting in the Government and occupied by the servants of the Government or other persons on payment of rent shall be leviable primarily from the Government.

(2) Where any land has been let for any term exceeding one year to a tenant and such tenant or any person deriving title howsoever from such tenant has built upon such land, the tax assessed upon the said land shall be leviable from the lessor and the tax assessed upon the building erected thereon shall be leviable primarily from the said tenant or person, whether or not the premises be in the occupation of the said tenant or person. [ *] [ Section 114 was deleted by Guj. 13 of 2007, s.12]

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