Gram panchayat
Amit passi
(Querist) 01 April 2017
This query is : Resolved
My Queries is relating to the Power of Gram Panchayat (Maharastra) to collect Property tax and Gram Panchayat Tax, are listed below:
1. Whether Gram Panchayat has the power to enforce and collect the Property tax?If yes, under which section ?
2. Whether Gram Panchayat has the power to seize the property for the non payment of property tax? If Yes , under which section and the procedure thereof?
3. The remedies available with the owner in case, Gram Panchayat seize the property?
4. Can Gram Panchayat seize the plot, which is not under his jurisdiction but owned by the said defaulter owner?
Thanks.
R.K Nanda
(Expert) 02 April 2017
consult local lawyer.
Guest
(Expert) 02 April 2017
1. Gram Panchyat function under Maharashtra Village Panchyat act 1959
Sec 124 of the said act allows Panchyat to impose tax on building (whether subject to payment of agricultural assessment or not) and lands (which are not subject to payment of agricultural assessment), within the limits of the village.
So I feel they can impose tax on you , if there is any other tax they are imposing that too are referred in Sec. 124 , Some time Marathi and English wording get confused , Local govt on tax receipt use marathi name and we are use to English words but only thing can be checked is that which sec or sub section so it get automatically cleared
2) Generally all tax authorities when payment not done have some provision in act where they can take steps , rather they are contested also but simple way is that to pay tax and close the topic , Best time to pay arrears is when state Govt. announces Amnesty scheme , but if they have taken legal steps then better pay immediately
3) Query no. 4 is confusing indeed , When you take word Jurisdiction of Gram panchyat is not there , it confuse me what you want to state ? Whether you state on Survey sheet of Land Record that land record is out of Gram Panchyat area ?
4) Appellate authority , if there is indeed some mistake or problem then (Copy paste)
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(5) Any person aggrieved by assessment, levy or imposition of any tax or fee
may appeal to the 4[Panchayat Samiti]. 5[A further appeal against the order of the
Panchayat Samiti shall lie to the Standing Committee, whose decision shall be
final.] 6[The first appeal shall be made within thirty days after the presentation of the bill complained, and the further appeal within thirty days from the date on which the Panchayat Samiti decides the appeal.]
[(6) If at any time it appears to the State Government on complaint made or otherwise, that any tax or fee leviable by a panchayat is unfair in its incidence, or that the levy thereof, or any part thereof is obnoxious to the interest of the general public or violates any promises made or
undertakings given by the State Government or adversely affects the development
of the village or any part thereof, the State Government may require the said
panchayat, within such period as it fixes in this behalf, to take measures for
removing any objections which appears to it to exits to the said tax or fee. If,
within the period so fixed, such requirement is not carried into effect to
the satisfaction of the State Government may, giving the panchayat an
opportunity to give an explanation, by notification in the Official Gazette, suspend the levy of such tax or fee, or such part thereof, until such time as the objection thereto is removed.]
Guest
(Expert) 02 April 2017
Gram Panchayat seize the plot, which is not under his jurisdiction
If you raise the query whether Gram Panchyat has jurisdiction on your land or not the procedure is to check survey sheet
1) Actually under State Land Revenue code , they form Districit this districit , every inch is marked on survey sheet , then taluka is formed , villages , city or town are form on survey sheet.
2) So when border plot issue is raised that whether this plot is in this Dist or other dist that survey sheet is examined and records similarly at each stage.
3) Text is written Maharashtra Land revenue code but practically such things are made by techincal dept of land records which function under rules regulation made under Land Revenue Code
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So if you contest that your land don't fall in that gram panchyat then the procedure is different and method too is different
T. Kalaiselvan, Advocate
(Expert) 07 April 2017
Your doubts have been cleared by expert Mr. Madhu in an elaborate manner, however if you are not satisfied then you may consult a local lawyer as well.
Hemant Agarwal
(Expert) 15 April 2017
1. "Property Tax" on "Land" component, is a Revenue Dept., issue (under the Talathi alias Village Revenue Officer) and the Gram Panchayat has no jurisdiction on the same, in any manner whatsoever. The Talathi can seize the property, by following due procedure of law, for failing to pay Property Tax.
2. "House Tax" on built-up property component, is a Gram Panchayat issue (under the Sarpanch) and the Revenue dept., has no jurisdiction on the same, in any manner whatsoever. The Gram Panchayat can auction the House, by following due procedure of law, for failing to pay House Tax.
Note: Property Tax and House Tax, are two different taxes.
Keep Smiling .... Hemant Agarwal
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