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TypeBare Act JurisdictionWest Bengal Government

Cess Act, 1880

Complete Act - all sections

~14 min read
https://sooperkanoon.com/act/137577

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About this act

Cess Act, 1880 is West Bengal state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

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Act Text

Preamble1 - Cess Act, 1880
Section1 - Short title This Act may be called the Cess Act, 1880;
Section2 - Extent This Act shall take effect at once in every district and part of a district in which Bengal Act 10 of 1871
Section3 - Repeal of District Road Cess Act, 1871, and Provincial Public Works Act, 1877 Rep. by Ben. Act 1 of 1939
Section4 - Interpretation-clause In this Act, unless there be something repugnant in the subject or context, "Commissioner" means
Section5 - All immovable property to be liable to a road cess and public works cess From and after the commencement of this Act in
Section6 - Cesses how to be assessed The road cess and the public works cess 1818. Portion enclosed in square brackets subs, by
Section7 - Public revenues not liable for more road cess than has been paid to Collector by persons liable Nothing in this Act
Section8 - Government and guaranteed railways not liable to the cesses without consent of Governor General in Council Omitted by
Section9 - Application of proceeds of road cess The proceeds of the road cess in each district shall be paid into the District
Section10 - Application of proceeds of public works cess The proceeds of the public works cess 2626. Words ins. by Ben. Act 2 of
Section11 - Power to fix cess year The 2828. Words subs, by Ben. Act 5 of 1915. [Board of Revenue] shall, by an order published in
Chapter2 - Valuation of Lands
Section12 - Board of Revenue may order valuation, and revaluation Upon the commencement of this Act in any district or part of a
Section13 - After five years holder of estate or tenure may apply to Collector for revaluation Whenever the term of five years
Section14 - Proclamation to make return of lands to be issued.Publication of proclamation Whenever the 3434. Words and figures ins
Section15 - Re-valuation may be of particular estates or tenures only At any time at which the 3434. Words and figures ins. by Ben
Section16 - Notice to lodge returns Whenever any proclamation has been published as mentioned in
Section17 - Form of notice and time for lodging returns The notice mentioned in the last preceding section shall be in the Form No
Section18 - Penalty for omitting to make return All holders of estates or tenures in respect of which such notice has been served
Section19 - No rent to be recovered till return is made From and after the expiry of the time allowed by the notice, or of any
Section20 - No rent to be recovered for land, etc., not mentioned in return Every holder of an estate or tenure in respect of which
Section21 - If returns not furnished, Collector to make valuation If no return shall have been lodged in respect of any lands for
Section22 - Valuation by Collector where return untrue or incorrect 3737. Sec. 22 subs. by Ben. Act 11 of 1934. . If the Collector
Section23 - Recovery of expense of such valuation 3838. Sec. 23 subs, by W.B. Act 11 of 1934. . he expense of any valuation made by
Section24 - Person returned as cultivating raiyat may be served with notice The Collector may, whenever he may think fit cause a
Section25 - If no return made, Collector may ascertain annual value of lands If no return is made by any person on whom a notice
Section26 - Collector may correct classification in returns If it shall appear to the Collector that any person on whom a notice
Section27 - Summary valuation of small revenue-paying estates and tenures Whenever the revenue annually payable in respect of any
Section28 - Summary valuation of small revenue-free estates and rent free tenures of which the area has been ascertained When the
Section31 - Holder of summarily valued estate or tenure may lodge return The holder of any estate or tenure which has been
Section32 - Collector may value small estate or tenure by regular process Instead of proceeding to value any estate or tenure
Section33 - Return of plantations, etc In the case of lands acquired under any rule issued by, or under the authority of, the
Section34 - Valuation-rolls to be prepared Whenever any valuation or revaluation is made under this Part, the Collector shall cause
Section41 - is to be calculated. On the application of any holder of an estate or tenure or holding, and on payment of such copying
Section35 - Publication of rolls On the completion of every roll prescribed under this Part, the Collector shall cause a copy
Section36 - Valuation and revaluation to be in force for five years Except as otherwise in this Part expressly provided, every
Section37 - Collector may reduce valuation and may value and assess omitted and newly-formed estates and tenures Nothing in
Section37A - Rep. by Ben. Act 11 of 1943
Section37B - Rep. by Ben. Act 11 of 1943
Section37C - Rep. by Ben. Act 11 of 1943
Section37D - Rep. by Ben. Act 11 of 1943
Section37E - Rep. by Ben. Act 11 of 1943
Section37F - Rep. by Ben. Act 11 of 1943
Section37G - Rep. by Ben. Act 11 of 1943
Section37H - Rep. by Ben. Act 11 of 1943
Section37I - Rep. by Ben. Act 11 of 1943 CHAPTER 3 Rating and Levy of the Cesses
Section38 - Rate at which road cess shall be levied, how to be fixed 4242. Sec. 38 was subs, by Ben. Act 3 of 1885. The road cess
Section39 - Rate at which public works cess shall be levied, how to be fixed The public works cess for each year shall be assessed
Section40 - Notice showing amount of cess payable to be served on zamindars When the rate of road cess and public works cess to be
Section40A - Recovery of cess from tenures in Government estates 4646. Sec. 40A ins. by Ben. Act 2 of 1881. Notwithstanding anything
Section42 - Time of payment by holder of an estate
Section43 - Distribution of valuation in case of partition In case of partition of an estate being effected under 5151. Words and
Section44 - Effect of opening separate account under Act XI of 1859 or Bengal Act VII of 1876
Section45 - Effect of payment or non-payment of cess on or before due date 5656. Sec. 45 subs. by Ben. Act 11 of 1934
Section46 - With permission of the Board of Revenue, Collector may keep separate account of cesses payable by registered holders of
Section47 - Recovery by holders of estates or tenures Every holder of an estate or tenure to whom any sum may be payable under the
Section48 - Recovery from co-sharer-holders Any shareholder in an estate or tenure who may have paid the road cess or public works
Section49 - Recovery by recorded share-holders from their co-sharers by certificate process Wherever any shareholder in an estate
Chapter4 - Valuation And Assessment of Lands held Rent-free, and Payment and Recovery of Cess in respect thereof
Section50 - Rent-free lands in what estates or tenures to be included for the purposes of this Act All lands held 6666. Words subs,
Section51 - Holders of estates and tenures bound to return rent-free lands and to pay cess at half rates for such lands included
Section51A - Information regarding rent-free lands 6868. Sec. 51A ins. by Ben. Act 11 of 1934
Section52 - Notice and extracts of valuation-roll to be published by Collector in respect of such rent-free lands Whenever any
Section52A - Certificate of publication of notices under
Section53 - Holder of rent-free land may object to valuation Within a reasonable time not exceeding thirty days after the issue of
Section54 - Notice to be published by holders of estate in certain cases In the following cases, that is to say
Section57 - for payment of instalments of the cesses by holders of rent-free land are changed, the holder of every estate or tenure
Section55 - Mode of publication Publication of the notice above-mentioned may be lawfully made by affixing one copy of the same at
Section56 - Owner of rent-free land bound to pay cess at full rate After publication of the extracts from the roll as provided in
Section57A - Place of payment or tender of cess 7474. Sec. 57A ins. by Ben. Act 11 of 1934
Section58 - If instalments not paid within a month, double the amount may be recovered When an instalment of the cesses due on any
Section59 - Holders of estates, etc., may send in supplementary returns in respect of rent-free lands If the holder of any estate
Section60 - Effect of supplementary returns Such supplementary return shall to all intents and purposes have the same effect as a
Section61 - Sections applicable to amounts payable by owner, etc., of rent free land The provisions of sections 57 and 58 shall be
Section63 - Owner of rent-free land liable to pay cess in future As soon as the said requirements shall have been fulfilled in
Section64 - Additional return of rent-free land entered in return under Bengal Act X of 1871 may be made
Section64A - Holders of estates, etc., how to recover from holders of rent-free lands 7979. Sec. 64A ins. by Ben. Act 7 of 1881
Section64B - Owner, holder or occupier of rent-free lands may be sued 8383. Sec. 64B ins. by Ben. Act 7 of 1881. Decree against
Section65 - Occupier may deduct cess paid from rent Whenever any occupier of land which is held rent-free by the owner thereof
Section66 - Notice to be served on holder of rent-free land requiring him to lodge return Notwithstanding anything in this chapter
Section67 - If no notice served, such holder bound to notify omission to Collector If within one year of the commencement of this
Section68 - Collector thereupon may require such holder to make return On receipt of such information, whether within the time
Section69 - Order to have effect of notice Every order made by a Collector under the last preceding section shall have the same
Section70 - Liability of such holder to pay arrears of cesses As soon as any rent-free land which had not previously been included
Section71 - Such holder is not liable to pay cesses except to Collector or his Deputy No owner or holder of rent-free land on whom
Section72 - Notice to return profits On the commencement of this Act in any district and thereafter before the close of each year,
Section72A - Penalty for omitting to lodge a return 8989. Sec. 72A ins. by Ben. Act 4 of 1910
Section73 - When property lies in different districts Whenever any property assessable under this chapter lies in two or more
Section74 - When property is partly in and partly outside the State 9191. Sec. 74 stand unmodified. vide Government of India
Section75 - If return not furnished or incorrect, Collector to make valuation If such return be not furnished within the period of
Section76 - Valuation where compilation of average not possible 9494. Sec. 76 subs. by W.B. Act 23 of 1964. If such Collector is
Section77 - Cost of valuation from whom to be recovered The expenses incurred in making any valuation under
Section78 - Notice of valuation So soon as such Collector shall have ascertained and determined 9595. Words subs. by W.B. Act 23 of
Section79 - Valuations under this chapter to be annual New valuations under this chapter shall be made by the Collector of the
Section80 - Notice of rate of cess and date of payments 100100. Sec. 80 subs. by W.B. Act 35 of 1981. When the rate of road cess
Section81 - Recovery by occupier or owner who has paid in excess In any case in which the occupier of such property is a different
Section82 - How distributed when property in different districts The total of the cesses payable in respect of property assessable
Section83 - Determination of proportion of profits when property in different districts Whenever any property assessable under this
Section84 - Service of notices under this chapter Every notice under this chapter may be served
Chapter6 - Special Provisions for [Orissa and] Midnapore
Section85 - Collectors in [Orissa and] Midnapore may order certain revenue-free estates to be annexed to other estates for purposes
Section86 - Notice to be given to holder of estate to which such revenue free estate is annexed Notice of such order shall be given
Section87 - Notice to be given to holder of revenue-free estate Notice of such order shall also be given by the Collector to the
Section88 - Cesses payable by holder of revenue-free estate in such instalments as Board of Revenue may direct Such cesses shall be
Section89 - Notices to be served Whenever the service of a notice on the holder of a revenue-free estate is required by the
Section90 - Collector may revoke orders passed under
Section91 - Collector may appoint certain establishments The Collector, with the sanction of the Board of Revenue, may appoint such
Section91A - Payment of commission to tahsildars The Collector may, with the sanction of the Commissioner, pay to any person
Section92 - Powers of Collector making valuation For the purpose of making any valuation of lands directed by this Part, the
Section93 - Commissioner or Board may revise valuation Every valuation under this Part shall be open to revision by the
Section95 - Returns evidence against the maker only Every return filed by or on behalf of any person in pursuance of the provisions
Section96 - Service of notices under this Part Every notice under this Part required to be served, except as otherwise expressly
Section97 - Costs of service The costs of service of every notice and process by this Act required to be served shall in the first
Section98 - Dues under the Act to be levied as public demand Every amount due, or which may become due, to any Collector under the
Section99 - Collectors may recover dues out of rent Instead of proceeding as provided by the last preceding section for the
Section100 - Board of Revenue may invest any person with Collector's powers The 112112.Words subs. by Ben. Act 5 of 1915. [Board of
Section101 - Collector may delegate powers The Collector may 113113.Words omitted by Ben. Act 5 of 1915. * * delegate all or any of
Section102 - Appeals against valuation Every person who shall deem himself to be aggrieved by any valuation made by a Collector
Section103 - Orders for levy of fine appealable Every order for the levy of a fine or of expenses passed by a Collector under this
Section104 - Orders appealable to Commissioner Every order passed by the Collector under sections 19, 20, 26, 115115.Figure ins. for
Section105 - Revision of orders by Collector, and control and supervision by Commissioner and Board
Section106 - Board may make rules The Board of Revenue may, 118118.Words, figures and letter ins. by Ben. Act 11 of 1934. [subject
Section107 - All rights in immovable property saved unless affected by this Act Nothing in this Part contained, and nothing done in
Section107J - shall not be again called upon to file returns under Chapter II or Chapter IV for the purpose of valuation or
Section107B - Definitions 127127.Sec.107B inst. by Ben. Act 11 of 1934. In this chapter, unless there is anything repugnant in the
Section107C - Cess paying and cess-free lands 131131.Sec.107C ins. by Ben. Act 11 of 1934
Section107D - Determination of acreage rate 132132.Sec. 107D ins. by Ben. Act 11 of 1934
Section107E - Determination of cess-free and cess-paying lands 133133.Words subs, by the Government of India
Section107F - Preliminary publication of division of district into units, acreage rate and classes of cess-free lands
Section107G - Appeal to and revision by a revenue authority and final publication of division of district, acreage rate and classes
Section107H - Rates at which cess to be levied 139139. Secs. 107H and 107-I ins. by Ben. Act 11 of 1934
Section107I - Preparation and publication of valuation-rolls, statements, and lists of lands
Section107K - Copies of or extracts from valuation-roll to be available on payment of fees 141141. Secs. 107K to 107N ins. by Ben
Section107L - Correction of mistakes in valuation-roll 141141. Secs. 107K to 107N ins. by Ben. Act 11 of 1934. The Collector may, at
Section107M - Payment of cess 141141. Secs. 107K to 107N ins. by Ben. Act 11 of 1934
Section107N - Power to Collector to grant abatement or remission of cess 143143. Sees. 107-O to 107Q ins. by W.B. Act 11 of 1934
Section107O - Power to serve notice showing cess and fixing the date from which cess shall take effect. 143143. Sees. 107-O to 107Q
Section107P - Particulars of cess to be specified in receipt 144a144a. Secs. 107P to 107R ins. by W.B. Act 11 of 1934
Section107Q - Alteration of annual value and revision of valuation roll in certain cases 144a144a. Secs. 107P to 107R ins. by W.B
Section107R - Rules 144a144a. Secs. 107P to 107R ins. by W.B. Act 11 of 1934
Section107S - Application of certain provisions of this Act to this chapter 146146. Sec. 107S ins. by Ben. Act 11 of 1934. For the
Section108 - Constitution of District Road fund The District Road Fund of every district under this Act shall consist of the amount
Section109 - Application of District Road Fund 152152. Sec. 109 subs. for the original by Ben. Act 3 of 1885. .The District Road
Section110 - Rep. by Ben. Act 3 of 1885
Section111 - Rep. by Ben. Act 3 of 1885
Section112 - Rep. by Ben. Act 3 of 1885
Section113 - Rep. by Ben. Act 3 of 1885
Section114 - Rep. by Ben. Act 3 of 1885
Section115 - Rep. by Ben. Act 3 of 1885
Section116 - Rep. by Ben. Act 3 of 1885
Section117 - Rep. by Ben. Act 3 of 1885
Section118 - Rep. by Ben. Act 3 of 1885
Section119 - Rep. by Ben. Act 3 of 1885
Section120 - Rep. by Ben. Act 3 of 1885
Section121 - Rep. by Ben. Act 3 of 1885
Section122 - Rep. by Ben. Act 3 of 1885
Section123 - Rep. by Ben. Act 3 of 1885
Section124 - Rep. by Ben. Act 3 of 1885
Section125 - Rep. by Ben. Act 3 of 1885
Section126 - Rep. by Ben. Act 3 of 1885
Section127 - Rep. by Ben. Act 3 of 1885
Section128 - Rep. by Ben. Act 3 of 1885
Section129 - Rep. by Ben. Act 3 of 1885
Section130 - Rep. by Ben. Act 3 of 1885
Section131 - Rep. by Ben. Act 3 of 1885
Section132 - Rep. by Ben. Act 3 of 1885
Section133 - Rep. by Ben. Act 3 of 1885
Section134 - Rep. by Ben. Act 3 of 1885
Section135 - Rep. by Ben. Act 3 of 1885
Section136 - Rep. by Ben. Act 3 of 1885
Section137 - Rep. by Ben. Act 3 of 1885
Section138 - Rep. by Ben. Act 3 of 1885
Section139 - Rep. by Ben. Act 3 of 1885
Section140 - Rep. by Ben. Act 3 of 1885
Section141 - Rep. by Ben. Act 3 of 1885
Section142 - Rep. by Ben. Act 3 of 1885
Section143 - Rep. by Ben. Act 3 of 1885
Section144 - Rep. by Ben. Act 3 of 1885
Section145 - Rep. by Ben. Act 3 of 1885
Section146 - Rep. by Ben. Act 3 of 1885
Section147 - Rep. by Ben. Act 3 of 1885
Section148 - Rep. by Ben. Act 3 of 1885
Section149 - Rep. by Ben. Act 3 of 1885
Section150 - Rep. by Ben. Act 3 of 1885
Section151 - Rep. by Ben. Act 3 of 1885
Section152 - Rep. by Ben. Act 3 of 1885
Section153 - Rep. by Ben. Act 3 of 1885
Section154 - Rep. by Ben. Act 3 of 1885
Section155 - Rep. by Ben. Act 3 of 1885
Section156 - Rep. by Ben. Act 3 of 1885
Section157 - Rep. by Ben. Act 3 of 1885
Section158 - Rep. by Ben. Act 3 of 1885
Section159 - Rep. by Ben. Act 3 of 1885
Section160 - Rep. by Ben. Act 3 of 1885
Section161 - Rep. by Ben. Act 3 of 1885
Section162 - Rep. by Ben. Act 3 of 1885
Section163 - Rep. by Ben. Act 3 of 1885
Section164 - Rep. by Ben. Act 3 of 1885
Section165 - Rep. by Ben. Act 3 of 1885
Section166 - Rep. by Ben. Act 3 of 1885
Section167 - Rep. by Ben. Act 3 of 1885
Section168 - Rep. by Ben. Act 3 of 1885
Section169 - Rep. by Ben. Act 3 of 1885
Section170 - Rep. by Ben. Act 3 of 1885
Section171 - Rep. by Ben. Act 3 of 1885
Section172 - Rep. by Ben. Act 3 of 1885
Section173 - Rep. by Ben. Act 3 of 1885
Section174 - Rep. by Ben. Act 3 of 1885
Section175 - Rep. by Ben. Act 3 of 1885
Section176 - Rep. by Ben. Act 3 of 1885
Section177 - Rep. by Ben. Act 3 of 1885
Section178 - Rep. by Ben. Act 3 of 1885
Section179 - Rep. by Ben. Act 3 of 1885
Section180 - Rep. by Ben. Act 3 of 1885
Section181 - Rep. by Ben. Act 3 of 1885 CHAPTER 13 General
Section182 - State Government empowered to prescribe forms and rules The 154154. Words subs, by the Government of India

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