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CDMA-14034/7/2017-K
MUNICIPAL ADMINISTRATION
SEC - CDMA
DEPARTMENT
Dated.23.01.2017
CIRCULAR
Sub:-
land,
land
under
urban
land
ceiling
or
any
other
category of land where the holder of the building does not possess valid
documents in proof of title of such land with a penalty of one hundred
percent per annum of property tax levied till such unauthorized construction
IS
Monthly lists
The Bill Collector or Revenue Inspector or other outdoor
staff of Revenue Section shall submit the monthly list of their
respective ward separately other than the regular monthly lists in
PINK COLOUR and the lists shall contain the particulars of all
buildings constructed unauthorizedlyon private land, municipal
land, government land, land under urban land ceiling, endowment
land, wakf land or any other category of public land where the
holder of t he premises does not possess any valid document or
patta or possession certificate from Revenue Department.
These monthly lists shall be prepared without clubbing to the
regular monthly revision lists specified in Rule 12 of the A.P
Municipalities (Assessment of Taxes) Rules, 1990. Monthly list of
buildings shall be maintained in Form 1.
T he Revenue Officer or Revenue Inspector (where
Revenue Officer is not available) shall take a full size photograph
of the building and affix the same to the monthly lists duly
certifying the existence of the building, the date on which the
photograph is taken and the dimensions of the building.
3-3.
Preparation of special notices
(a) As soon as the property tax on buildings unauthorizedly
constructed and penalty leviable is determined by the
Commissioner, special notice shall be prepared for service
on theholder of the premises containing the property tax and
penalty to be levied and particulars of the building. The
special notice, among other information, shall also provide
Revision Petitions:
(a) The holder of the premises is entitled to file revision
petition to the Commissioner for levying property tax
and penalty within thirty (30) / fifteen(15) days from
the date of service of special notice levying property
tax and penalty.
(b) As soon as revision petitions are received in municipal
office from the holder of the premises against the
assessment of property tax made and penalty levied
by t he Commissioner, t he revision pet it ions shall be
entered in separate registers other than the normal
registers. Form-2 attached.
(c) T he Commissioner shall dispose all t he revision
petitions filed for levy of property tax and penalty
within 30 days from the date of receipt. The
procedure prescribed for the disposal of revision
petition for levy of property tax in normal course shall
be followed in the case of disposal of revision petition
filed in these cases also.
(d) The penalty levied on unauthorized construction made
on lands mentioned in para 1 shall be deemed to be
3-5.
Demand Registers
3-6.
Demand Notice
File NO.COMA-14034/7/2017
-K SEC-COMA
4.
All the Commissioners of ULBs are hereby directed to
follow the above instructions scrupulously and any deviation in
this regard, will be viewed seriously and action will be initiated.
5.
Necessary changes in the ERP Application will be
developed and made available shortly.
Director of Municipal Administration
Enclosures:
As above
To
All the Commissioners of Municipalities and Municipal
Corporat ions
All Regional Directors of Municipal Administration are requested
to see that the above
instructions are carried out.
Copy submitted to Principal Secretary to Govt., MA&UD Dept.
Digitally 5
KUNAP
BABU
Date: 2
Reason:
ED
valid docyments
Note: -1) Levy of property tax with 100'10 penalty shall not
confer any ownership on the land to the holder of
the premises where the building is constructed
unauthorlzedly.
2) The monthly list shall be printed In PINK COLOUR
Exlstln
Ward No.
Door No.
P.rson
As ssment
No.ln
Annual Rental
ValuI/Capit.,
Value (Ra.)
the Asst.
Reglst.r
Tax
(Ra.)
Property
Library
C.a.
(Ra.)
ToUI Property
t ax And Llbr.ry
Cess
N"l"o'::~llt~h.
10
Description
Clus'o~~~i~~m~ (Levy
D.te ofBcu~mrJ~tlon of
Dolo ofB?W:'j~g=tlon of
11
12
13
Amenities
Nature &
Type of
wood
Natur. &
Typ. of
Willa
EI.ctrlclty
WaterTap I
Well
(15)
(16)
(17)
(18)
(19)
(20)
Toill
adjacent
premises In
Sq. M.
Name and
occupation 01 thl
c ccupent (Owner I
Ton.nt)
ArIa to be taxld
undor VLTwith
Ant. No.
(24)
(25)
(26)
Not applicable
Nolapplicable
(23)
r~.D~~'UM~~o
n of
14
provided
Date
In the Building
Whether connected
wit h Munlclp.1
Dralnag.
Attach.d
Bathroom
(21)
Typo 01
Conatruction
(22)
Plinth Irea of
building per each
type of construction
In Sq.M.
(27)
Nature of
Use of the
Building
(28)
(29)
Monthly rental
Iuo fixed
(RI.).
R ona for
incr I
decre.le I
oml.,lon
A.. t.No.
Allotted in tho
Demand
Reglater
GrouARVof
tho Building
(Rs.)
Age of the
Building 25
year. and bolow
I.bov. 25 y....
Aliowancl. forrepalrl
or depreciation lowner
occupl.d realdentl.1
building
(Ra.)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
Annual Renhl
valul of the
sltenandl
premlles
(Ra.)
ARV., the
Building
(superstructura)
(RI.)
(37)
(38)
Total Annual
Rental Value
(Ra.)
Total
Property Tax
(Rounded off
10 neare.t
rupee)
(Rs.)
(39)
(40)
Penalty
(100')' of
Property
Tax)
(RI.)
library Ce
(Rounded
off to
near.st
rupee)
(Rs.)
Whetherenhred
In
the Asst. Book
(Demand Regllter)
(42)
(43)
(44)
(41)
Initi.la of tho
Comml.llone,
No.of
Spoclal
notlc.
Date of
lervlc. of
Spoclal
Notice
No. of Revilion
Petition
Oat. of rlcelpt of
R lalon Petition
(45)
(46)
(47)
(48)
(49)
Whether RP
II revised
Intlme
(50)
Ordors.f tho
Co m m ISI10 n. r
(51)
(52)
VIIINO
library C
(Rs.)
(54)
Tot.1 property
tax, penalty and
Library ce
(Rs.)
No. of Appeal
(55)
(56)
Initials of the
Appellate
Commi ioner
Proplrtytax
and LC
finalised after
.ppeal
iRs.)
Total property
tax, penalty and
library cess
(RI.)
(58)
(59)
(60)
Appeal Petition
Orders of the
Appellate
Commissioner
(57)
Total
Prop.rty
T.x
(Ra.)
Penalty
of
prop.rty
tax)
(RI.)
(100%
(53)
51.
No.
Name of the
Hold.rof the
premi ...
Door No.
The holder
premises
Property
hearing
lox
RP
reduced
(Ro.,
Amount
Amount
of
penalty
reduced
(Ro.,
10
Signature
Digitally s
KUNAP
BABU
Date:
Reason:
"
12
lid
of Special
ot the
Amount of
Oat. of
Oat. of Service
A ment No.
of
property
tax and
pen.,ty
aft.r
dispoI"
of RP RI.
13
Inltl.lo olthe
Comml loner
In token of entry
In Demand
Register
14
Dati of
receipt of
Whether Revision
petition ia
Notle.
Revision
Petition
stipulated time
Amount of
propertyhx
objected to
Amount of
(Ro.,
penalty
objected to
(Ro.,
&&&
The. ProF'erty Tax constrtutes the single iaroes: ~ourr:jO of rev::">nun I.., Ir,.
Urban Local Bodies (ULBs) in Andhra Pradesh find continues [0 be: SI911111('JI:[ u:
munIcipal revenues and constitutes about 22% of total municIpal revenues and
about 45% of internal revenues of Urban Local Bodies during the year 2013-14
The MUl1ic:ipalr Laws and Rules Issued thereunder provide for assessment and
revision of property tax in Urban Local' Bodies since a loog time
0'
ii. As per Section 87(1) oJ A.P. MUnicipalities Act. 1965 every bujklll19 ..,h-ili ('"
assessed together Wllh lis site and other i:ldracen rronw;cs nr-:u ,,~j 1< r
appurt.enance thereto unless the owner of tile burld1l1!] IS
froHl the owner of such site or premIses.
iii.
1/.11,'1,-1,[ i""',."
As per Section 94 of the Act. whenever a building is constructed 01 ieconstructed the Owner of a bUilding shalt gIve a notice ther of to 111E
Commissioner within 30 days from the date of completion or occupatIon 0 [he
building whichever is earner for claiming 'remlsslon In the payment of property
tax
year.depenQjn~on the period of existence of the building in a particular haIr.
iv. A& ,per '~.Qn 95 -of the Act the' Commissioner is competent to call for
information relating to a building 0(. land 'or '(he purpose of assessment {l(
property tal(:from the-owner or occupier of a bUIlding or land.
3.
levy of Property TaJ( on unautho'rized constructions
with penalty in
MunlciP!llities' A.P MUnicipalities Act. 1965 (APM Act. 1965) lNas amended by
Act. No.35 of 1998, W.e.f. 9-3-1999 by adding. sub-section 5 {2} 10 S-e(-llr)n f,r; ~,
APM Act, 196stipulating that. Where a buildmg IS constructed or tGCOn'>lfl.CI. Ii c"
some structures are raised unaLltho(lZedly, II sn2111tH:? c(.'Irnp~JI{"11 (I II'"". '''",n 'I"':
authority to levy prooertv tax on such building or SlrUCfu(f; v.lih ;J P(?r.;1li, "f 1,Y, l)r
the
amounl of lax levied fll' such unauthOrized construct,on IS demolIshed or
regularized.
2.
-- 2
--
The
AndJira
a)
percent
violation
of
permissible' setbacks only in respect of
floors permitted in a sanctioned plan
Twenty
five
percent
property tax as penalty
(b)
(c)
(d)
Uplo
ten
of
as penalty
The property tax shall be leviable on such unauthorized eonstruction till the
same is either demolished or regulariZed and also levii:!ble on all categories of
buildings in Municipalities.
5.
(i)' SecUon-199 f1) of Municipal Corporations Act, 1955 (formerly GHMC Act
prior to adaptation as per G.O.Ms.No.32 dated 23-2-2015 of MA & UD
Department) has stipulated that the property taxes shall subject to exceptions,
limitations and conditions as provided in the Act be levied on buildings and lands in
the city at such percentages of their ratable value (rental value) as may be frxed by
the Corporation.
(ii)
Section-2q4 (2) of Municipal Corporations Act, 1955, has stipulated that
Property Taxes shall be prrmanly leviable as follows, namely ._
(t H"tf1erdescnpt
Ion
(v}
Section 220(2) of Munjc;ilpal Corporations Act, 1955., has stipulated that a
special notice snail be given to the Owner or occupier of a premises whenever any
premises has been assessed for the firs~time or whene~[ the r~taJ value of any
pr:ell'lIses is increased.
... 3.
-- 3 -6.
Levy of Property
Manici'pal Corporations
Tax on unauthorized
penalty
In
(i) S'SctlCln 220 Q't HyderaltDf,la MunIcIpal Corporanons ACI, .1~56 'NdS <,mend'::"l ~ (
Ad: 3 of 1994 w,e f 1-3-1994 adding clause-a and stiputalinQ that whe: '. hili! j"'9
IS constructed or reconstructed, or structures are rarsed unautrronzediv. LI sh"" hf'l
competent 10 the assessing authority 10 levy property la)! Of' such bUI1dl')3 0'
structure with a penalty of ten percent on Ihe amount of the tax tevrec till such
unauthorized construction is demolished or regularized Later on sub-secuon (3) of
S~ion 220 of HMCAct, 195~ was amended by Act NO.9 of 2008 w,eJ. 15-12200.1 eohartcing penalty on unauthorized construetlon from ten percent to twenty
a)
(b)
Upto ten
percent vrolation
of
permisSible setbacks only in respect of.
floors ~ef1Tlitted in a 'sanctioned plan
Twenty
frve percenr
property tax as penalty
More
than
ten
percent
violation
of
7.
It has been brought to the notice of the Govt , that everal una Jlt)OlllPd
construcnons have been came up on private land. qovernrncnt land I ri.J!?I-:;II.Ji
land or Ufibsn Land Ceiling land or any other category of lanti wtl":'ff:' trw Id", "
owaersh.ip is not established on 'the builder I hnld,'?r is not III oossess ...w ,,' ::1".
oWOel"Ship I utte document. It IS also nOIICed that whenever proper y lax !S levif1n '_'1
suCh buildings, the Vigilance authorities conduct enquires and find rault with
Municipal Commissioners for levying property tax and suspect a probable conus-on
of the Municipal Commissioners with the owners of such structures, to enable them
to claim ownership on such lands, at a tatar da,te.
S.
f1' has furth~rnoflced that due to non-levy of prap'erty tax on the unauthorized
constructions, ~he Municipalities are losmg considerable revenue, but on tile other
hand the Municipalities are spending considerable amounts on providinq civic
amenities in aU the localities irrespective of ownership of land In view of public
health and public safety. Water supply, drainage, sanitation, roads, street lighting
are also being provided in all locafilies in equal manner
4
-- 4
9
The Urban Local BO<1ieshave prioritized Ihe Zanes 10 be taken up for
p;ovi(jing water supply In the firs!. seCOnd,third, fourth and fifth year of Ihe mission
pen ad under AMRUT To enable the Munlcipalilies 10 aCh",Ye Universal COverageor
Wale, sUPP'Y weter lap connections have 10be provided trr aU households As per
tne MunICIpal (lye-laws On water SUPply, aSSesSl]lenl 01 property tax is pre'eQ(liSile for sanclion of Waler lap "">rlflection. As such, there i. need 10 levy
Property
Tax On
calegones
of building
(I.e. sup;>rslruCflJre) even In Ihe absence
of documents
For alf
ownership
01' the
site.
10.
Therefore "is necessary 10iSsue delailed inSlruClions 10 all Ihe Municlpa,
Commissioners in the Stale 10 levy property lax wirh penally On unaulhorized
conSlructions both In Municlpalilies as Well as In Corporalions in order 10 rea',ze
the full potential of revenue by Urban local Bodies.
Hence, in exercise of the powers conferred under Seoti,," 387 --A read WIth
section 87 of the A.P. Municip,alilies Act, 1965 and SecHon 6'79-E read with seclion
199 (1J and 217(1) of AP_ Municipal COrporalions Act, 1955 (formerly GHMC Act)
with sectlon 87 Greater Hyderabad MUnicipal CorporaUon act 1955 further
~mended by Act 150(2013 aM in oRierfO realize full potential of revenue of Urban
local Bodies, Govt. hereby direci 10 levy Property Tax in respeci of buildings
Conslructed unau!horizidly in private land. govemmenl land, land under urban land
ceiling or any category of land Where life holder of the building does not possess
en;- Ic91SIered documents or patta frOm Revenue Departmenl or POSSession
conlti""'e in prOOf of lItie. in respecl of such land. with a penalty of One hUndred
percent per annum of property lax levied tilt Such unaLJthollZed Conslruction IS
demOliShed or regulari~ed
It Is further informed that levy df Property tax in this
manner does not COnfer any ownership on Ihe assesse OVer the land where the
building is conslrueled unauthorizedty and an endorsement shall be made 10 the
above effect on all nOlices and bilts to be served on the said assesse from lime 10
time. Entries shaIl be made to that effect in the assessment book and other
property tax books mainiained by the COmmiSSioner and nOtices to be issued
thereon,menliQlllng
in respect file
Of the
Owner
the premises
as 'the holder of the premises"
Without
I'IIime
or IheofpersOn
..
11.
12.
scrupulously
Colnllllssroners
R. KAR.IKAl VALAVEN
PRINCIPAL SECRETARY TO GOVERNMENT
The Director of Municipal Administration, Andhra Pradesh, Gunlur.
To
All the
Munltipal Commissioners
Administration
,A. P., Guntur in the State !hro!J9!JIhe Director of Municipal
.QoPv!Q:
Sr;ISC.
11 Forw~rdedg#~tder 1/
>:\ .... ""' ... ,
.~~~
OFFICER
..SECTION
,
r
'
All the Municipal Commissioners in the Urban Local Bodies in Andhra Pradesh
State is invited to the subject cited and it is informed that the undersigned has
critically reviewed the collection of Property Tax in the Urban Local Bodies in Andhra
Pradesh State and decided to issue the following guidelines along with Act provisions
to increase the Property Tax collection in' Urban Local Bodies in Andhra Pradesh
State.
3. Demand notlces
,,'~ext step is preparation cif demand notices. Demand notices are also called as
Bills:;'After generation of the demand notices, the concerned tax assistant should
check all the demand notices with the entries In the demand register. Thereafter, not
less than 10% of the demand notices have to be test-checked with the entries in the
demand registers. The test check has to be done by the Manager or the Revenue
Officer. Then, the demand notices have to be stamped with the facsimile signature of
the Commissioner. The entire exercise of preparation of demand notices has to be ,
undertaken under the direct supervision of Manager or the Revenue Officer.
.-
so" April
i.
By handing over the notice to the tax payer duly obtaining his signature with
date.
ii.
If the taxpayer is not found, by handing over the same to some adult member
or servant of his family, by obtaining the signature with date from such person.
The name of the person who has received the notice and his relationship to
the taxpayer has to be written underneath his signature. (Serving the demand
notice to the servant of the family may be avoided)
iii.
If the tax payer does not reside in the municipality and his address elsewhere
is known, by sending the same to him by registered post acknowledgement
due.
_,,_
iv. tfJ1: tA'e above methods are not available, by fixing the same to some
.: ' conspicuous part of such place of abode or business (with proper
panchanama/proof).
Similarly, U/s 630 of Municipal Corporations Act,1955 (torrnerly GHMC Act,
1955), the method of servicing notice/bill is prescribed.
From this stage, work relating to collection of taxes by outdoor staff begins.
However, there are some other activities which have to be attended by the indoor
employees. Unless the indoor staff attend to these activities, it would be difficult for
.-
the outdoor staff to collect taxes effectively. The activities to be attended by the
indoor staff are detailed in the following paragraphs.
7. Collection of taxes
Sections 90 and 91 of APM Act, 1965, Rules 29 to 38 of Taxation Rules (Part
I) of Schedule II of Act, and Collection of Taxes Rules issued in GO Ms. No.1468
31
as the
9. C.oercive measures
In addition to the levy of penalty, certain coercive measures have been
provided U/s 91 and rule 30(1) of Taxation & Pinance Rules under Schedule-II of AP.
Municipalities Act 1965, far realization of taxes.
Similarly, U/s 238, 269 to 278 of Municipal C.orporatians Act,1955 (formerly
GHMC Act, 1955), coercive measures have been provided for realization of taxes.
The fallowing are the same.
i.
ii.
iii. ~ f1i;Qonnection of essential services to the premises, after giving natice tc the
".owner or occupier - (Though electricity and water supply are essential
services, municipality can handle water connection only)
iv.
While, measures (ii) & (iv) could not be adopted due to variaus constraints, we
may discuss the measure (i), ie., Distraint and sale of mavable property .
..
10. Distraint
Warrant
If the tax due. in respect of building or land is not paid within 15 days after
service of demand notice, it may be recovered by distraint under warrant of the
Commissioner (section 90 of A.P. M.Act 1965 and Section 269 of Municipal
Corporations Act,1955 (form~rly GHMC Act, 1955. 'Distraint' means seizure and
holding of movable property as security for payment of tax and its sale in case of nonpayment. 'Warrant' means a command (whiCh is enforceable). Since the distraint, ie.,
seizure and holding of movable property as security for payment of tax and its sale is
a sensitive issue, adequate precautions have to be taken before resorting to this
measure. Property tax cannot be recovered hy distraint or prosecution, unless the
demand notice is served on the tax payer. If tax is not. paid within fifteen days from
the date of service of demand notice and
after repeated demands, warrants
should be issued.
'Warrant' is a command of the Commissioner to an officer to act as directed
in the warrant. The specimen copy of Distraint Warrant is available at Appendix A of
schedule II of A.P.M. Act 1965 in respect of municipalities and Schedule -L of
Municipal Corporations Act,1955 (formerly GHMC Act, 1955) in respect of Municipal
Corporations. Generally, the Revenue Officer or Rev.enue Inspector or any officer
specially drafted for collection of taxes (during last days of financial year) will be
entrusted with the execution of warrants. When it is decided to distrain property and
issue warrant. it should not be on selected properties. All properties in the locality or
street or bastee have to be considered and warrants written. The warrants should be
signed by the Commissioner.
11. Register of Warrants
All the warrants prepared have to be entered in the Register of Warrants. The
register is prescribed in MF NO.35. Details of warrant number, name of tax payer,
assessment number, period to which tax relates and amount of tax etc. have to be
entered in the register.
12. Execution of warrant
The officer charged with the execution of warrant, has to, before distraining the
movable property, demand payment of the tax and the warrant fee. If the tax and
warrant fee are paid, no distraint would be made. If the tax and warrant fee are not
paid, the officer charged with the execution of the warrant has to:
(i)
(ii)
.. to the person from whom the property is seized, a notice containing the
(iii) ,. ~ivQ
particulars of movable property seized and notice of sale of property if the
property tax, warrant fee, distraint fee and expenses of keeping the property
are not paid within seven days. (The format of notice is prescribed in Appendix
B of Schedule II of APM Act. 1965 in respect of Municipalities and Schedule-M
of Municipal Corporations Act,1955 (formerly GHMC Act, 1955) in respect of
Corporations)
The value of property distrained has to be equivalent to the tax, warrant fee,
distraint fee and expenses incidental to distraint, detention and sale of property. The
distraint of property need not be restricted to the premises on which the tax is due,
but on any property found within the municipality.
5
I
l.oi
~.,
With Commissioner's permission, the, Warrant Qffi~er may break open the
door or window for execution of warrant. Further, the warrant has to be executed
between sunrise and sunset The Warrant Officer has also to ensure the ladies to
withdraw from the premises where property is seized.
The distrained property has to be brought to municipal office and made over
to the storekeeper/shroff who should record the same in the Register of Distrained
Property.
13. Register of Distrained Properties
The register is maintained in MF NO.3? and by the Store keeper. After the
warrant is executed. the property will be brought to office and made' over to Store
Keeper. who will record the details of property in this register. The property will be
returned to the owner, if the tax is paid within 7 days.
14;$ale of distrained
property
If the tax payer does not pay the due, ie., tax, penalty (simple interest).
warrant fee, distraint fee and expenses for detention within seven days as mentioned
in the notice referred above, the property seized has to be sold by public auction
under the order of the Commissioner and the amount due to the municipality adjusted
from the sale proceeds.
If the sale proceeds are sufficient to cover the total amount due on account of
the tax. penalty. warrant fee, distraint fee and expenses incidental to the detention
and sale of the property, they should be credited in the chitta and surplus sale
proceeds credited under the head 'deposits'. The surplus sale proceeds and property
(if any unsold) has to be returned to the concerned person and his acknowledgement
should be .obtalned in the Register of Distrained Property against the entries of the
property concerned.
If the proceeds of the sale are insufficient for adjustment of the amount due
on account of the tax. fees and other charges. the Commissioner may again proceed
to distrain the property in respect of the sum remaining un-paid.
When the owner has not paid the tax, a notice can be issued to the occupier of
the building to pay the tax within fifteen days. If the occupier fails to comply with such
requisition. the Commissioner may distrain and sell any movable property found on
the building. This provision is limited in respect of the tax due for the current year
only. The provisions of distraint and sale referred above apply to the distraint and
sale of movable property of the occupant also. (Section 91 and Rule 35 of Schedule II
of the A.P.M. Act 1965 and Section,2?6 of Municipal Corporations Act.1955 (formerly
GHMC Act. 1955)). The occupier however is not liable to prosecution or civil suit In
respect of any sum recoverable from him under this provision. This notice has not
61
been prescribed under the relevant Acts. Hence, a Model Notice is appended
herewith in respect of Municipalities/Municipal Corporations separately.
17. Limitation
for Distraints
propernes
(Section 365 of A.P.M. Act 1965 and 278 A(1) of Municipal Corporations Act,1955
(formerly GHMC Act, 1955). The Acts prescrlbes 3 (three) years time limit from the
date on which liability accrues for making distraint. As explained in the earlier
paragraphs, the liability for payment of tax for first half year accrues on so" of April
and for the second half year on so" October and accordingly, action has to be taken
to-make the distraint within the time limit.
18.Prosecution
If for any reason the distraint or a sufficient distraint of the defaulter's property
is impracticable, the defaulter may be prosecuted before a Judicial Magistrate. (Rule
30 (2) and 37 of Schedule II of A.P.M.Act and Section 269 (3) of Municipal
Corporations Act,1955 (formerly GHMC Act, 1955). Default in payment of tax is an
offence (criminal act) and the defaulter can be prosecuted before a Judicial
Magistrate.
.
The Magistrate has to be satisfy that the defaulter has willfully omitted to pay
the amount due by him or that he willfully prevented the distraint. The Magistrate is
competent to convict him and impose a fine not exceeding twice the amount due by
him, on account of the tax, simple interest, warrant fee, distraint fee and other
charges. In addition to the fine. the Magistrate is competent to recover the tax,
simple interest, warrant fee, distraint fee and other charges. On recovery of the
amount from the defaulter, the Magistrate transfers the amount to the Municipality.
71
All suits have to be entered in Register of Suits and th~ register has to be
maintained in MF NO.11B. It provides a record of suits filed by and against the
municipality. The register contains information like name of court, suit no" particulars
of suits/appeals, decretal details, EP details etc, Proper service of demand notice is a
condition precedent to initiate proceedings Inca oivil court. The reference of suit may
be entered against relevant assessment in the Demand Register for information.
3 years
Institution of Prosecution
6 years
9 years
~ Municipal Council by his failure to take timely action for the recovery of the
by.the
taxes and other dues. He should devote his personal attention to collection work and
see that no tax becomes time barred as a result of his negligence. It is unsafe to wait
till the period of limitation has almost expired .Eftorts should be made even from the
very first half-year. To prevent temporary misappropriation by bill collectors, the
Commissioner or Revenue Officer should obtain atleast 5% of the tax receipt from the
parties and compare them with the entries in the demand Registers and make a
record of the receipts so compared in the prescribed register. This procedure will
enable the Commissioner to see Whether there was. any delay in crediting the
amounts collected by the Bill Collectors. The work of the Bill Collectors should be
---
closely supervised by fixing Job Charts and reviewing the collection work every week
and their collection book and the outstanding bills checked at periodical interval. Any
defalcations or loss of moneys or stamps shall be reported to the Director or Local
Fund immediately after discovery.
20. MONITORING OF COLLECTION OF TAXES
a) By Commissioners: Ensure that the Demand Notices/Bills are served on the Tax Payers
properly.
Evince personal interest on collection of Property Tax and see that.
70% of the total demand is collected by the end of Dec-2015, 80%
by the end of January 2016, 90% by the end of February, 2016 and
100% by the end of March, 2016, without any deviations.
Fix up daily targets to all the Bill Collectors and other Revenue Staff .
and review their performance on daily basis.
Take up Property tax collection Special Drives immediately, by
involving all Sections, forming Ward-wise Special Teams headed by
the Section Heads as "Nodal Officer" and other office staff as
members, in support to the existing collection staff upto March-2016
by giving Team-wise targets.
Prepare a Ward-wise list containing (100) highest tax payer
~, defaulters, and shall be provided to the said "Special Teams' with
the mobile numbers of the tax payers concerned.
The Commissioner of ULB shall personally tackle 100top defaulters
in the ULB and shall ensure that the property tax is collected from
them.
Wide publicity for collection of property tax by way of Mike
announcements / Issuing Pamphlets and sending sms to the
Defaulters requesting the Tax Payers for payment of property tax
dues.
/ !f:f": :
.f"
-----
Identify the names of the owners of ine vacant lands or I~yout plots
for collection of VLT by aRproaching the concerned Sub":Registrar
and by obtaining the names of the Property Owners.
b) By ROMAs:
The RDMAs shall analyse the (arrear collection) dues list and shall
evolve a strategy for collection of long pending cases.
All the ROMAs are requested to conduct regular weekly reviews on
every Monday wjth the Commissioners and other collection staff
and ensure 100% Property Tax Collections by the end of March,
2016.
'
"
,
~.
.'
.;
,~
shall be
Therefore, all the Commissioners of ULBs in the State are hereby directed to
follow the above Act provisions and guidelines and see that the property tax
collections are improved by evincing personal interest.
Any deviations to the above instructions, will be viewed seriously
necessary further action will be taken against the erring CommisSioners.
and
To
".,..~ .",.
"
'
_______
-:-- __
Municipality
12015
No:
Dt:
@@@
It is observed that an amount of Rs
, is due towards
Property Tax up to
. This tax has not been paid till date on the
premises No:
which stands in
the name of Ms/S~i/Sm\
-' in spite of
several personal approaches and persuasions and'serving of Demand Notice.
I
Therefore, take notice that essential services to the above said premises, such
as Water Supply, Drainage etc., will be ordered for disconnection under Section 91 of
A.P. Municipalities Act 1965, if the dues are not paid within (48) hours i.e. on or
before
without any further notice.
Municipal Commissioner,
Municipality
To
MIs, SmV Sri
...
A.if'.
________
..
'Municipal Corporation
12015
No:
etc - Reg.
Ref:- This Office Demand Notice No:
Ot: .
@@@
It is observed that an amount of Rs
, is due towards
Property Tax up to
. This tax has not been paid till date on the
premises No:
' which stands in
the name of Ms/Sri/Smt
' in spite of
several personal approaches and persuasions and serving of Demand Notice.
Therefore, take notice that Essential Services to the above said premises,
such as Water Supply, Drainage etc., will be ordered for disconnection under Section
under Section 269(2) of Municipal Corporations Act,1955 (formerly GHMC Act, 1955),
if the due.s are not paid within
without
(48)
To
~f', '~'.',
,:
OCCUPIER NOTICE
(Issued under Section 91 and Rule 35 of Schedule II of A.P.M. Act 1965)
Sub: Property Tax - Collection of property taxes in respect of premises
No,
_, at
occupied by
- Reg.
Ref:
Dt.
*.**.
Rs.
_
of
sum
A
(Rupees,
_
_____________________
-:--_ only) towards the property tax in respect
of the above premises remains un-paid for the year
which is
presently occupied by you.
The landlord/property owner of the said premises has not paid the property tax
due by him in spite of issue of demand notice. therefore, under Section 91 and Rule
35 of schedule II of AP,M Act, 1965, you are hereby directed to pay the above said
sum within (15) days from the date of receipt of this notice, failing which necessary
action will be taken against you for recovery of the said amount, under the provisions
of the AP.M. Act. 1965.
Municipal Commissioner,
Municipality.
To
MUNICIPAL CORPORATION
<
OCCUPIER NOTICE
(Issued under Section 276 ) of Municipal Corporations Act,1955
(formerly GHMC Act, 1955)
, Dt.
***.'*
Rs.
_
of
sum
A
(Rupees
~-______________
only) towards the property tax in respect
of the above premises remains un-paid for the year
which is
presentlyoccupied by you.
The landlord/property owner of the said premises has not paid the property tax
due by him in spite of issue of demand notice. Therefore, under Section 276 of
Municipal Corporations Act, 1955 (formerly GHMC Act, 1955, you are hereby directed
to pay the above said sum within (15) days from the date of receipt of this notice,
failing which necessary action will be taken against you for recovery of the said
amount, underthe provisions of the A.P.M. Act, 1965.
Commissioner,
Municipal Corporation.
_____
To
.'
1.