West Pakistan Urban Immovable Property Tax Act, 1958
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THE WEST PAKISTAN URBAN IMMOVABLE PROPERTY TAX ACT, 1958 00
THE WEST PAKISTAN URBAN IMMOVABLE PROPERTY TAX ACT, 1958 WEST PAKISTAN ACT NO. V OF 1958 [8th April 1958] AN ACT to consolidate the law relating to the levy of a tax on Urban Immovable Property in the Province of West Pakistan
Preamble. WHEREAS it is expedient to consolidate the law relating to the levy of a tax on Urban Immovable Property in the Province of West Pakistan;
It is hereby enacted as follows:—
Section 1. Short tile and extend
(1) This Act may be called the West Pakistan Urban Immovable Property Tax Act, 1958.
1[(2) It extends to the whole of West Pakistan, except the Tribal Areas.]
Section 2. Definitions
In this Act unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to saу—
(a) “assessing authority” means the assessing authority constituted under this Act;
(b) “Collector” means an officer appointed by Government by name, or by virtue of his office, to discharge the functions and to perform the duties of a Collector under this Act in any specified area ;
(c) “Commissioner” means an officer appointed by Government by name, or by virtue of his office, to discharge the functions and to perform the duties of a Commissioner under this Act in any specified area;
(d) “Government” means Government of West Pakistan ; 2[(dd) “member of the family of the owner” means his—
(i) wife or husband, as the case may be ;
(ii) sons and daughters ; and
(iii) father and mother ;]
1Subs. by West Pakistan Ordinance No. I of 1963, s. 2.
2Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 2.
3[(e) “owner” includes a mortgagee with possession, a lessee in perpetuity, a trustee having possession of a trust property and a person to whom an evacuee property has been transferred provisionally or permanently under the Displaced Persons (Rehabilitation and Compensation) Act, 1958 (Act No. XXVIII of 1958) ;]
(f) “prescribed” means prescribed by rules made under this Act ;
(g) “rating area” means urban area where tax is levied under the provisions of this Act;
(h) “tax” means the tax leviable under the provisions of section 3; and
(i) “urban area” means an area within the boundaries of a Municipal Corporation, Municipal Committee, Cantonment Board, Small Town Committee, or other authority (not being a District Board) legally entitled to, or entrusted ted by Government with the control or management of a municipal or a local fund.
Section 3. Levy of Tex
(1) Government may by notification specify urban areas where tax shall be levied under this Act :
Provided that one urban area may be divided into two or more rating areas or several urban areas may be grouped as one rating area.
4[(2) There shall be charged, levied and paid a tax on the annual value of buildings and lands in a rating area at the rate of ten per cent of such annual value :
Provided that where a building is occupied by the owner, the tax shall be levied at the said rate on one-half of the annual value of such building, if the owner or any member of his family does not own any other property in that rating area] :
Provided 5[further] that Government may, by notifications remit for reasons to be recorded in whole or in part, the payment of the tax by any class of persons in respect of any category of property. Explanation:—The annual value for the purposes of this section shall be the aggregate annual value of all buildings and lands owned by the same person in a rating area. 6[(3) The tax shall be due from the owner of buildings and lands.]
Section 4. Exemptions
The tax shall not be leviable in respect of the following properties, namely:— 7[(a) buildings and lands, other than those leased in perpetuity, vesting in the Federal Government;]
8[(b) buildings and lands other than those leased in perpetuity]—
3 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 2.
4 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 3.
5 Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 3.
6 Added by West Pakistan Ordinance No. X of 1959, s. 3.
7 Subs. by West Pakistan Ordinance No. X of 1959, s. 4.
8 Subs. by West Pakistan Ordinance No. X of 1959, s. 4.
(i) vesting in Government of West Pakistan and not administered by a local authority ;
(ii) owned or administered by a local authority when used exclusively for public purposes and not used or intended to be used for purposes of profit ; 9[(c) (i) buildings and lands the annual value of which does not exceed two hundred and sixteen rupees ; or
(ii) one building occupied by an owner for his residence, the annual value of which—
(1) does not exceed four hundred and eighty-six rupees in the rating areas of a municipality of the first class ; or
(2) does not exceed three hundred and seventy-eight rupees in other rating areas,
Subject to the condition that the owner or any member of his family does not own any other property in that rating area and such other conditions as may be prescribed :]
Provided that if such building or land is in the ownership of a person who owns any other building or land in the same rating area, the annual value of such building or land shall, for the purposes of this clause, be deemed to be the aggregate annual value of all buildings or lands owned by him in that area :
(d) buildings and lands or portions thereof used exclusively for educational purposes including schools, boarding houses, hostels and Libraries ;
(e) public parks and playgrounds ;
(f) buildings and lands or portions thereof used exclusively for public worship or public charity including mosques, temples, churches, dharamsalas, gurdwaras, hospitals, dispensaries, orphanages, alms houses, drinking water fountains, infirmaries for the treatment and care of animals and public burial or burning grounds or other places for the disposal of the dead:
Provided that the following buildings and lands or portions thereof shall not be deemed to be used exclusively for public worship or for public charity within the meaning of this section, namely :—
(i) buildings in or land on which any trade or business is carried on unless the rent derived from such buildings or lands is applied exclusively to religious purposes or such public charitable institutions as may be prescribed;
9 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 4.
(ii) buildings or lands in respect of which rent is derived, and such rent is not applied exclusively to religious purposes or to public charitable institutions; and
(g) buildings and lands the annual value of which does not exceed one thousand rupees, belonging to widows and minor orphans.
Section 5. Ascertainment of annual value
The annual value of any land or building shall be ascertained by estimating the gross annual rent at which such land or building together with its appurtenances and any furniture that may be let for use or enjoyment with such building might reasonably be expected to be let from year to year, less—
(a) any allowance not exceeding twenty per centum of the gross annual rent as the assessing authority in each particular case may consider reasonable rent for the furniture let with any such building ;
(b) an allowance of ten per centum for the cost of repairs and for all other expenses necessary to maintain such building in a state to command such gross annual rent. Such deduction shall be calculated on the balance of the gross annual rent after the deduction, if any, under clause (a); and
(c) any land revenue actually paid in respect of such building or land :
Provided that in calonlating the annual value of any building or land under this section the value of any machinery in such building or on such land shall be excluded.
Section 6. Assessing Authority
(1) There shall be an assessing authority for every rating area.
(2) The assessing authority shall exercise such powers and perform such duties as are conferred on it by this Act or the rules made thereunder.
Section 7. Making and operation of valuation lists
(1) A valuation list shall be made by the prescribed authority in accordance with the rules framed under this Act for every rating area so as to come into force either on the first day of 10[July] or the first day of 11[January], and thereafter a new valuation list shall be made from time to time so that the interval between the dates on which one valuation list and the next succeeding valuation list respectively come into force shall be a period of five years :
Provided that Government may by order—
(a) reduce by a period not exceeding one year or extend by a period not exceeding three years the interval which would otherwise elapse between the coming into force of any two successive valuation lists for any rating area, or, where a valuation list has been lost or destroyed by operation of circumstances beyond control, cancel the list, direct the preparation of a new list and order recovery of pending tax to be made on
10Subs. by Ordinance No. VII of 1961, s. 2.
11Subs. by Ordinance No. VII of 1961, s. 2.
the basis either of the last preceding valuation list or of the new list prepared under this proviso; and
(b) divide any rating area into parts for the purposes of a new valuation list and determine the years in which the next following valuation list for each of such parts respectively shall be made and come into force.
(2) Subject to the provisions of any such order as aforesaid, every valuation list shall come into force on the first day of 12[July] or the first day of 13[January], as the case may be, next following the date on which it is finally approved by the assessing authority and shall, subject to the provisions of this Act and the rules made thereunder (including the provisions with respect to the alteration of and the making of additions to the valuation list) remain in force until it is superseded by a new valuation list.
Section 8. Draft valuation list
(1) Where the assessing authority for any area has issued notices requiring returns in connection with the making of a new valuation list, the said authority shall, as soon as may be after the expiration of the period allowed for the delivery of the returns, cause a draft valuation list to be prepared for the area and published in such manner as may be prescribed.
(2) Any person aggrieved by any entry in the draft valuation list, or by the insertion therein or omission therefrom of any matter, or otherwise with respect to the list, may, in accordance with the rules made under this Act lodge an objection with the assessing authority at any time before the expiration of thirty days from the date on which the draft valuation list is published 14[:] 15[Provided that in special circumstances the Commissioner may, by notification, extend the period to a maximum of sixty days.]
Section 9. Amendment of current valuation list
Subject to such rules, if any, as the Government may think fit to make in this behalf, the assessing authority may at any time make such amendments in a valuation list as appear to it to be necessary in order to bring the list into accord with existing circumstances and in particular may—
(a) correct any clerical or arithmetical error in the list ;
(b) correct any erroneous insertion or omission or any misdescription ;
(c) make such additions to or corrections in the list as appear to the authority to be necessary by reason of—
(i) a new building being erected after the completion of the valuation list ;
(ii) a building included in the valuation list being destroyed or substantially damaged or altered since its value was last previously determined.
(iii) any change in the ownership or use of any building or land :
12Subs. by West Pakistan Ordinance No. VII of 1961, s. 2.
13Subs. by West Pakistan Ordinance No. VII of 1961, s. 2.
14Replaced by West Pakistan Ordinance No. XXVIII of 1963, s. 5.
15Added by West Pakistan Ordinance No. XXVIII of 1963, s. 5.
Provided that not less than fourteen days before making any such amendment in the valuation list for the time being in force, other than the correction of a clerical or arithmetical error, or the correction of an erroneous insertion, omission or misdescription, the assessing authority shall send notice of the proposed amendment to the owner of the building or land and shall also consider any objection thereto which may be made by him.
Section 10. Appeal and revision
(1) Any person aggrieved by an order of the appropriate authority upon an objection made before that authority under section 8, 9 16[, 14] or 15 may appeal against such order, at any time before the expiration of thirty days from the date of such order, to the Collector of the district in which the building or land to which the objection related is situate, or to such other officer as the Government may, by notification, appoint in this behalf.
17[(1A) Any person aggrieved by any entry in the valuation list prepared under section 7, or by the insertion therein or omission therefrom of any matter, or otherwise with respect to the list, may, within sixty days of the dato on which the list is to come into force; prefer an appeal in respect of such entry or matter, to the Collector or to such other officer as the Government may, by notification, appoint in this behalf.]
(2) The Commissioner or such other officer as may be appointed by the Government by notification in this behalf, may of his own motion at any time, or on application made within a period of one year from the date of the taking of any proceedings or passing of any order by an authority subordinate to the Commissioner call for and examine the record of the proceedings or the order for the purpose of satisfying himself as to the legality or propriety of the same and may pass such order in reference thereto as he may consider fit.
Section 11. Tax to be levied notwithstanding appeal
The tax shall be levied in accordance with the valuation list in force for the time being, and shall be collected and be recoverable notwithstanding any appeal which may be pending with respect to that list.
Section 12. Tax when payable
The tax shall be payable half-yearly by such dates as may be prescribed:
18[Provided that Government may, by notification, direct that in any rating area—
(i) the tax shall be paid yearly ;
(ii) the tax for any specified period shall be paid separately.]
Section 13. Collection of tax
The tax shall be paid to such person or authority and in such manner as the Government may prescribe.
Section 14. Recovery of tax from tenants
Where the tax due from any person on account of any building or land is in arrears, it shall be lawful for the prescribed authority to serve upon any person paying rent in respect of that building or land, or any part thereof, to the person from whom the arrears are due, a notice stating the amount of such arrears of tax and requiring all future payments of rent (whether the same have already accrued due or not) by the person paying the rent to be made direct to the prescribed authority
16Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 6.
17Added by West Pakistan (Adaptation of Laws) Ordinance, 1962 (W. P. Ord. No. XXV of 1962), s. 3.
18Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 7.
until such arrears shall have been duly paid, and such notice shall operate to transfer to the prescribed authority the right to recover, receive and give a discharge for such rent. If the person paying rent wilfully fails or neglects to comply with the notice aforementioned, the prescribed authority may, after giving him an opportunity of being heard, proceed against him as it would have proceeded under the provisions of this Act against the owner of the building or land in respect of which the tax is in arrears.
Section 15. Penalty for default in payment
(1) If any person on being served with such notice as may be prescribed fails to pay within the period specified in the notice any amount due from him on account of the tax, the prescribed authority may recover from him as penalty a sum not exceeding the amount of the tax so unpaid, in addition to the amount of the tax payable by him.
(2) No such penalty shall be imposed unless the prescribed authority is satisfied that the person liable to pay the tax has wilfully failed to pay the same.
Section 16. Recovery of unpaid dues
(1) If any sum due on account of the tax levied under section 3 or as a penalty imposed under this Act is not paid within the time allowed for its payment and the person from whom it is due does not show cause to the satisfaction of the Collector or any other person authorised by him why he should not pay the same, such sum (inclusive of all costs of recovery) may be recovered under a warrant in the prescribed form or in a form to the like effect to be signed by the Collector—
(i) by distress or sale of the movable property belonging to such person; or
(ii) by attachment and sale of the immovable property belonging to him.
The warrant may be addressed to an officer of the Excise and Taxation Department for execution, and in executing it he may obtain such assistance from other servants of the Department as he may consider necessary.
(2) Notwithstanding anything contained in sub-section (1), any sum on account of the tax levied or penalty imposed under this Act remaining unrecovered shall be recoverable as arrears of land revenue.
(3) Notwithstanding anything contained in any law and notwithstanding any rights arising out of any contract or otherwise whatsoever, any sum due on account of the tax levied under section 3 or as a penalty imposed under this Act in respect of any building or land, shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon such building or land and upon the movable property, if any, found within or upon such building or land and belonging to the person liable for such tax or penalty.
Section 17. Remuneration of local authority
When the tax is collected by any local authority such local authority shall be entitled to such remuneration on account of the cost of collection as may be pre- scribed.
Section 18. Powers of assessing authority to require returns for valuation list
(1) In every case where a new valuation list is intended to be made for any rating area, the assessing authority shall give public notice of such intention in such manner as may be prescribed, and may serve a notice on the owner, occupier or lessee of any building or land in the said area, or on any one of them, requiring him, or them, to make a return containing such particulars as may be prescribed.
(2) Every person on whom a notice to make a return is served in pursuance of the provisions of this section shall, within thirty days of the date of the service of the notice, make a return in such form as is required by the notice, and deliver it in the manner so required to the assessing authority.
(3) If any person on whom such notice has been served fails within the required period to submit such return, the assessing authority may proceed to value such property in such manner as it deems fit.
Section 19. Powers of assessing authority to require return any time
If the assessing authority at any time desires any person, who is the owner, lessee or occupier of any building or land wholly or partly within the rating area, to make a return with respect to any of the matters regarding which a return may be prescribed, it may serve a notice on that person requiring the return, and that person shall, within thirty days from the service of the notice send the required return to the assessing authority :
Provided that the assessing authority may, in its discretion, extend the period for the delivery of any such return.
Section 20. Valuation list not to be rendered invalid by certain failures or omissions
Any failure on the part of the assessing authority to complete any proceedings with respect to the preparation of a avaluation list within the time required by this Act or the rules made thereunder, or the omission from valuation list of any matters required by the rules to be included therein shall not, of itself, render the list invalid.
Section 21. Assessing authorities, officers and servants to be deemed public servants
Every assessing authority, and every officer working under the orders of such authority for the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).
Section 22. Exclusion of jurisdiction of civil courts
No civil court shall have jurisdiction in any matter which the Government or an assessing authority or any officer or servant is empowered by this Act or the rules made thereunder to dispose of, or take cognizance of the manner in which the Government, or any assessing authority, officer or servant exercise any powers vested in it or him by or under this Act or the rules made thereunder.
Section 23. Power to make rules
(1) The Government may make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provisions such rules may provide for any or all of the following matters, namely—
(a) the appointment, powers and duties of assessing authorities and other provisions with respect to such authorities;
(b) the placing of identification marks on, and entry into or upon, any building or land;
(e) the preparation and publication of valuation lists, including publication and inspection of draft valuation lists, notices of objections and hearing of objections, and other matters incidental thereto;
(d) the practice and procedure to be followed on and in connection with appeals, including—
(i) notices of appeals ;
(ii) prescription of scales of costs ;
(iii) prescription of fees to be charged in connection with appeals ;
(e) the prescription of the form of any notice, valuation list, statement, return, or other document whatsoever which is required or authorised to be used under or for the purposes of this Act ;
(f) the mode of service of any notice, order or document required or authorised to be
served ;
(g) the inspection and taking copies of and extracts from any draft valuation list, valuation list, notice of objections, proposal for amendment to the valuation list, notice of appeal, valuation made by valuer, and fees for such inspection or copies ;
(h) the appointment of valuers to advise or assist in connection with the valuation of buildings or lands and their powers and duties ;
(i) the time at and the manner in which the amount of tax shall be paid to the Government ;
(j) the portion of the tax to be refunded or геmitted, and the manner in which and the conditions subject to which such refund or remission may be granted ;
(k) the prescription of fees to be charged in connection with any application made under this Act or the rules made thereunder ;
(l) any matter which is required by this Act to be prescribed.
(3) In making any rules under sub-sections (1) and (2) Government may direct that the prescribed authority may impose a penalty not exceeding two hundred rupees on a person who is guilty of a breach of the provisions thereof.
(4) Rules made under this section shall be laid before the Provincial Assembly of West Pakistan as soon as may be after they are made.
Section 24. Repeal and Saving
(1) The Punjab Urban Immovable Property Tax Act, 1940 (Punjab XVII of 1940), the Sind Urban Immovable Property Tax Act, 1948 (Sind IX of 1948), 19[the Sind Urban Immovable Property Tax Act, 1948, as applicable to Karachi,] and the North-West Frontier Province Urban Immovable Property Tax Act, 1948 (N. W. F. P. XVIII of 1948), are hereby repealed.
19Ins. by West Pakistan Ordinance No. I of 1963, s. 3.
(2) Notwithstanding the repeal of the Acts mentioned in sub-section (1), everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and order or notification issued under any of the provisions of the said Acts, shall, if not inconsistent with the provisions of this Act, be continued, and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed authorised, conferred, made or issued under this Act.
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RGN Date: 27-05-2025
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CONTENTS Preamble 1. Short tile and extend 2. Definitions 3. Levy of Tax 4. Exemptions 5. Ascertainment of annual value 6. Assessing Authority 7. Making and operation of valuation lists 8. Draft valuation list 9. Amendment of current valuation list 10. Appeal and revision 11. Tax to be levied notwithstanding appeal 12. Tax when payable 13. Collection of tax 14. Recovery of tax from tenants 15. Penalty for default in payment 16. Recovery of unpaid dues Page 2 of 12 17. Remuneration of local authority 18. Power of assessing authority to require returns for valuation list 19. Powers of assessing authority to require return at any time 20. Valuation list not to be rendered invalid by certain failure or omission 21. Assessing authorities, officers and servants to be deemed public servants 22. Exclusion of jurisdiction of civil courts 23. Power to make rules 24. Repeal and Saving
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Page 1 of 12
THE WEST PAKISTAN URBAN IMMOVABLE PROPERTY TAX
ACT, 1958
00
CONTENTS
Preamble
1. Short tile and extend
2. Definitions
3. Levy of Tax
4. Exemptions
5. Ascertainment of annual value
6. Assessing Authority
7. Making and operation of valuation lists
8. Draft valuation list
9. Amendment of current valuation list
10. Appeal and revision
11. Tax to be levied notwithstanding appeal
12. Tax when payable
13. Collection of tax
14. Recovery of tax from tenants
15. Penalty for default in payment
16. Recovery of unpaid dues
Page 2 of 12
17. Remuneration of local authority
18. Power of assessing authority to require returns for valuation list
19. Powers of assessing authority to require return at any time
20. Valuation list not to be rendered invalid by certain failure or omission
21. Assessing authorities, officers and servants to be deemed public servants
22. Exclusion of jurisdiction of civil courts
23. Power to make rules
24. Repeal and Saving
Page 3 of 12
THE WEST PAKISTAN URBAN IMMOVABLE PROPERTY TAX ACT, 1958
WEST PAKISTAN ACT NO. V OF 1958
[8th April 1958]
AN
ACT
to consolidate the law relating to the levy of a tax on Urban Immovable Property in the Province of
West Pakistan
Preamble. WHEREAS it is expedient to consolidate the law relating to the levy of a tax on Urban
Immovable Property in the Province of West Pakistan;
It is hereby enacted as follows:—
1. Short tile and extend. (1) This Act may be called the West Pakistan Urban Immovable Property
Tax Act, 1958.
1[(2) It extends to the whole of West Pakistan, except the Tribal Areas.]
2. Definitions.—In this Act unless the context otherwise requires, the following expressions shall
have the meanings hereby respectively assigned to them, that is to saу—
(a) “assessing authority” means the assessing authority constituted under this Act;
(b) “Collector” means an officer appointed by Government by name, or by virtue of
his office, to discharge the functions and to perform the duties of a Collector under
this Act in any specified area ;
(c) “Commissioner” means an officer appointed by Government by name, or by virtue
of his office, to discharge the functions and to perform the duties of a Commissioner
under this Act in any specified area;
(d) “Government” means Government of West Pakistan ;
2[(dd) “member of the family of the owner” means his—
(i) wife or husband, as the case may be ;
(ii) sons and daughters ; and
(iii) father and mother ;]
1Subs. by West Pakistan Ordinance No. I of 1963, s. 2.
2Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 2.
Page 4 of 12
3[(e) “owner” includes a mortgagee with possession, a lessee in perpetuity, a trustee
having possession of a trust property and a person to whom an evacuee property
has been transferred provisionally or permanently under the Displaced Persons
(Rehabilitation and Compensation) Act, 1958 (Act No. XXVIII of 1958) ;]
(f) “prescribed” means prescribed by rules made under this Act ;
(g) “rating area” means urban area where tax is levied under the provisions of this Act;
(h) “tax” means the tax leviable under the provisions of section 3; and
(i) “urban a rea” means an area within the boun daries of a Municipal Corporation,
Municipal Committee, Cantonment Board, Small Town Committee, or other
authority (not being a District Board) legally entitled to, or entrusted ted by
Government with the control or management of a municipal or a local fund.
3. Levy of Tex.—(1) Government may by notification specify urban areas where tax shall be levied
under this Act :
Provided that one urban area may be divided into two or more rating areas or several urban areas
may be grouped as one rating area.
4[(2) There shall be charged, levied and paid a tax on the annual value of buildings and lands in a
rating area at the rate of ten per cent of such annual value :
Provided that where a building is occupied by the owner, the tax shall be levied at the said rate on
one-half of the annual value of such building, if the owner or any member of his family does not own any
other property in that rating area] :
Provided 5[further] that Government may, by notifications remit for reasons to be recorded in
whole or in part, the payment of the tax by any class of persons in respect of any category of property.
Explanation:—The annual value for the purposes of this section shall be the aggregate annual
value of all buildings and lands owned by the same person in a rating area.
6[(3) The tax shall be due from the owner of buildings and lands.]
4. Exemptions.—The tax shall not be leviable in respect of the following properties, namely:—
7[(a) buildings and lands, other than those leased in perpetuity, vesting in the Federal
Government;]
8[(b) buildings and lands other than those leased in perpetuity]—
3 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 2.
4 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 3.
5 Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 3.
6 Added by West Pakistan Ordinance No. X of 1959, s. 3.
7 Subs. by West Pakistan Ordinance No. X of 1959, s. 4.
8 Subs. by West Pakistan Ordinance No. X of 1959, s. 4.
Page 5 of 12
(i) vesting in Gove rnment of West Pakistan and not administered by a local
authority ;
(ii) owned or administered by a local authority when used exclusively for public
purposes and not used or intended to be used for purposes of profit ;
9[(c) (i) buildings and lands the annual value of which does not exceed two hundred
and sixteen rupees ; or
(ii) one building occupied by an owner for his residence, the annual value of
which—
(1) does not exceed four hundred and eighty -six rupees in the rating
areas of a municipality of the first class ; or
(2) does not exceed three hundred and seventy -eight rupees in other
rating areas,
Subject to the condition that the owner or any member of his family
does not own any other property in that rating area and such other
conditions as may be prescribed :]
Provided that if such bu ilding or land is in the owner ship of a person who owns any other
building or land in the same rating area, the annual value of such building or land shall, for the purposes
of this clause, be deemed to be the aggregate annual value of all buildings or lands owned by him in that
area :
(d) buildings and lands or portions thereof used ex clusively for educational pur poses
including schools, boarding houses, hostels and Libraries ;
(e) public parks and playgrounds ;
(f) buildings and lands or portions thereof used exclusively for public worsh ip or
public charity in cluding mosques, temples, chur ches, dharamsalas, gurdwaras,
hospitals, dis pensaries, orphanages, alms houses, drinking water fountains,
infirmaries for the treat ment and care of animals and public burial or burning
grounds or other places for the disposal of the dead:
Provided that the following buildings and lands or portions thereof shall not be deemed to be used
exclusively for public worship or for public charity within the meaning of this section, namely :—
(i) buildings in or land on which any trade or business is carried on unless the
rent derived from such buildings or lands is applied exclusively to religious
purposes or such public charitable institutions as may be prescribed;
9 Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 4.
Page 6 of 12
(ii) buildings or lands in respect of which rent is derived, a nd such rent is not
applied exclusively to religious purposes or to public charitable institutions;
and
(g) buildings and lands the annual value of which does not exceed one thousand
rupees, belonging to widows and minor orphans.
5. Ascertainment of annual value. The annual value of any land or building shall be ascertained
by estimating the gross annual rent at which such land or building together with its appurtenances and any
furniture that may be let for use or enjoyment with such building might reasonably be expected to be let
from year to year, less—
(a) any allowance not exceeding twenty per centum of the gross annual rent as the
assessing authority in each particular case may consider reasonable rent for the
furniture let with any such building ;
(b) an allowance of ten per centum for the cost of repairs and for all other expenses
necessary to maintain such building in a state to command such gross annual rent.
Such deduction shall be calculated on the balance of the gross annual rent after the
deduction, if any, under clause (a); and
(c) any land revenue actually paid in respect of such building or land :
Provided that in calonlating the annual value of any building or land under this section the value
of any machinery in such building or on such land shall be excluded.
6. Assessing Authority. (1) There shall be an assessing authority for every rating area.
(2) The assessing authority shall exercise such powers and perform such duties as are conferred
on it by this Act or the rules made thereunder.
7. Making and operation of valuation lists. (1) A valuation list shall be made by the prescribed
authority in accordance with the rules framed under this Act for every rating area so as to come into force
either on the first day of 10[July] or the first day of 11[January], and thereafter a new valuation list shall be
made from time to time so that the interval between the dates on which one valuation list and the next
succeeding valuation list respectively come into force shall be a period of five years :
Provided that Government may by order—
(a) reduce by a period not exceeding one year or extend by a period not exceeding three
years the interval which would otherwise elapse between the coming into force of
any two successive valuation lists for any rating area, or, where a valuation list has
been lost or destroyed by operation of circumstances beyond control, cancel the list,
direct the preparation of a new list and order recovery of pending tax to be made on
10Subs. by Ordinance No. VII of 1961, s. 2.
11Subs. by Ordinance No. VII of 1961, s. 2.
Page 7 of 12
the basis either of the last preceding valuation list or of the new list prepared under
this proviso; and
(b) divide any rati ng area into parts for the pur poses of a new valuati on list and
determine the years in which the next following valuation list for each of such parts
respectively shall be made and come into force.
(2) Subject to the provisions of any such order as aforesaid, every valuation list shall come into
force on the first day of 12[July] or the first day of 13[January], as the case may be, next following the date
on which it is finally approved by the assessing authority and shall, subject to the prov isions of this Act
and the rules made thereunder (including the p rovisions with respect to the alteration of and the making
of additions to the valuation list) remain in force until it is superseded by a new valuation list.
8. Draft valuation list. —(1) Where the assessing authority for any area has issued notices
requiring returns in connection with the making of a new valuation list, the said authority shall, as soon
as may be after the expiration of the period allowed for the delivery of the returns, cause a draft valuation
list to be prepared for the area and published in such manner as may be prescribed.
(2) Any person aggrieved by any entry in the draft valuation list, or by the inser tion therein or
omission therefrom of any matter, or otherwise with respect to the list, may, in accordance with the rules
made under this Act lodge an objection with the assessing authority at any time before the expiration of
thirty days from the date on which the draft valuation list is published 14[:]
15[Provided that in special circumstances the Commissioner may, by notification, extend the period
to a maximum of sixty days.]
9. Amendment of current valuation list.—Subject to such rules, if any, as the Government may
think fit to make in this behalf, t he assessing authority may at any time make such amendments in a
valuation list as appear to it to be necessary in order to bring the list into accord with existing circumstances
and in particular may—
(a) correct any clerical or arithmetical error in the list ;
(b) correct any erroneous insertion or omission or any misdescription ;
(c) make such additions to or corrections in the list as appear to the authori ty to be
necessary by reason of—
(i) a new building being erected after the completion of the valuation list ;
(ii) a building included in the valuation list being destroyed or substantially
damaged or altered since its value was last previously determined.
(iii) any change in the ownership or use of any building or land :
12Subs. by West Pakistan Ordinance No. VII of 1961, s. 2.
13Subs. by West Pakistan Ordinance No. VII of 1961, s. 2.
14Replaced by West Pakistan Ordinance No. XXVIII of 1963, s. 5.
15Added by West Pakistan Ordinance No. XXVIII of 1963, s. 5.
Page 8 of 12
Provided that not less than fourteen days before making any such amendment in the valuation
list for the time being in force, other than the correction of a clerical or arithmetical error, or the correction
of an erro neous insertion, omission or misdescription, the assessing authority s hall send notice of the
proposed amendment to the owner of the building or land and shall also consider any objection thereto
which may be made by him.
10. Appeal and revision. (1) Any person aggrieved by an order of the appropriate authority upon
an objection made before that authority under section 8, 9 16[, 14] or 15 may appeal against such order, at
any time before the expiration of thirty days from the date of such order, to the Collector of the district in
which the b uilding or land to which the objection related is situate, or to such other officer as the
Government may, by notification, appoint in this behalf.
17[(1A) Any person aggrieved by any entry in the valuation list prepared under section 7, or by the
insertion therein or omission therefrom of any matter, or otherwise with respect to the list, may, within
sixty days of the dato on which the list is to come into force; prefer an appeal in respect of such entry or
matter, to the Collector or to such other officer as the Government may, by notification, appoint in this
behalf.]
(2) The Commissioner or such other officer as may be appointed by the Government by
notification in this behalf, may of his own motion at any time, or on application made within a period of
one year from the date of the taking of any proceedings or passing of any order by an authority subordinate
to the Commissioner call for a nd examine the record of the proceedings or the order for the purpose of
satisfying himself as to the legality or propriety of the same and may pass such order in reference thereto
as he may consider fit.
11. Tax to be l evied notwithstanding appeal. The tax shall be levied in accordance with the
valuation list in force for the time being, and shall be collected and be recoverable notwithstanding any
appeal which may be pending with respect to that list.
12. Tax when payable. The tax shall be payable half-yearly by such dates as may be prescribed:
18[Provided that Government may, by notification, direct that in any rating area—
(i) the tax shall be paid yearly ;
(ii) the tax for any specified period shall be paid separately.]
13. Collection of tax. The tax shall be paid to such person or authority and in such manner as the
Government may prescribe.
14. Recovery of tax from tenants. Where the tax due from any person on account of any building
or land is in arrears, it shall be lawful for the prescribed authority to serve upon any person paying rent in
respect of that building or land, or any part thereof, to the person from whom the arrears are due, a notice
stating the amount of such arrears of tax and requiring all future payments of rent (whether the same have
already accrued due or not) by the person paying the rent to be made direct to the prescribed authority
16Ins. by West Pakistan Ordinance No. XXVIII of 1963, s. 6.
17Added by West Pakistan (Adaptation of Laws) Ordinance, 1962 (W. P. Ord. No. XXV of 1962), s. 3.
18Subs. by West Pakistan Ordinance No. XXVIII of 1963, s. 7.
Page 9 of 12
until such arrears shall have been duly paid, and such notice shall operate to transfer to the prescribed
authority the right to recover, receive and give a discharge for such rent. If the person paying rent wilfully
fails or neglects to comply with the notice aforementioned, the prescribed authority may, after giving him
an opportunity of being heard, pro ceed against him as it would have proceeded under the provisions of
this Act against the owner of the building or land in respect of which the tax is in arrears.
15. Penalty for default in pay ment. (1) If any person on being served with such notice as may
be prescribed fails to pay within the period specified in the noti ce any amount due from him on ac count
of the tax, the prescribed authority may recover from him as penalty a sum not exceeding the amount of
the tax so unpaid, in addition to the amount of the tax payable by him.
(2) No such penalty sh all be imposed unless the pres cribed authority is satisfied that the person
liable to pay the tax has wilfully failed to pay the same.
16. Recovery of unpaid dues. (1) If any sum due on account of the tax levied under section 3 or
as a penalty imposed under this Act is not paid within the time allowed for its payment and the pe rson
from whom it is due does not show cause to the satisfaction of the Collector or any other person authorised
by him why he should no t pay the same, such sum (inclusive of all costs of recovery) may be recover ed
under a warrant in the prescribed form or in a form to the like effect to be signed by the Collector—
(i) by distress or sale of the movable property belonging to such person; or
(ii) by attachment and sale of the immovable property belonging to him.
The warrant may be addressed to an officer of the Excise and Taxation Department for execution,
and in executing it he may obtain such assistance from other servants of the Department as he may consider
necessary.
(2) Notwithstanding anything contained in sub -section (1), any sum on account of the tax levied
or penalty imposed under this Act remaining unrecovered shall be recoverable as arrears of land revenue.
(3) Notwithstanding anything contained in any law and notwithstanding any rights arising out of
any contract or otherwise whatsoever, any sum due on account of the tax levied under section 3 or as a
penalty imposed under this Act in respect of any building or land, shall, subject to the prior payment of
the land revenue, if any, due to the Government thereon, be a first charge upon such building or land and
upon the movable property, if any, found within or upon such building or land and belonging to the person
liable for such tax or penalty.
17. Remuneration of local authority. When the tax is collected by any local authority such local
authority shall be entitled to such remuneration on account of the cost of collection as may be pre- scribed.
18. Powers of assessing authority to require returns for valuation list. (1) In every case where
a new valuation list is i ntended to be made for any rating area, the assessing authority shall give public
notice of such intention in such manner as may be prescribed, and may serve a notice on the owner,
occupier or lessee of any building or land in the said area, or on any one of them, requiring him, or them,
to make a return containing such particulars as may be prescribed.
Page 10 of 12
(2) Every person on whom a notice to make a re turn is served in pursuance of the provisions of
this section shall, within thirty days of the date of the service of the notice, make a return in such form as
is required by the notice, and deliver it in the manner so required to the assessing authority.
(3) If any person on whom such notice has been served fails within the required period to submit
such return, the assessing authority may proceed to value such property in such manner as it deems fit.
19. Powers of assessing authority to require return any time.—If the assessing authority at any
time desires any person, who is the owner , lessee or occupier of any building or land wholly or partly
within the rating area, to make a return with respect to any of the matters regarding which a return may be
prescribed, it may serve a notice on that person requiring the return, and that person shall, within thirty
days from the service of the notice send the required return to the assessing authority :
Provided that the assessing authority may, in its dis cretion, extend the period for the delive ry of
any such return.
20. Valuation list not to be rendered invalid by certain failures or omissions.—Any failure on
the part of the assessing authority to com plete any proc eedings with respect to the preparation of a
avaluation list within the time required by this Act or the rules made thereunder, or the omission from
valuation list of any matters required by the rules to be included therein shall not, of itself, render the list
invalid.
21. Assessing authorities, officers and servants to be deemed public servants. —Every
assessing authority, and every officer working under the orders of such authority for the purposes of this
Act, shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code
(XLV of 1860).
22. Exclusion of jurisdiction of civil courts. No civil court shall have jurisdiction in any matter
which the Government or an assessing authority or any officer or servant is empowered by this Act or the
rules made thereunder to dispose of, or take cogni zance of the manner in which the Government, or any
assessing authority, officer or servant exercise any powers vested in it or him by or under this Act or the
rules made thereunder.
23. Power to make rules. (1) The Government may make rules for carrying out the purposes of
this Act.
(2) Without prejudice to the generality of the foregoing provisions such rules may provide for any
or all of the following matters, namely—
(a) the appointment, powers and duties of as sessing authorities and other provisions
with respect to such authorities;
(b) the placing of identification marks on, and entry into or upon, any building or land;
(e) the preparation and publication of valua tion lists, including publication and
inspection of draft valuation lists, notices of objections and hearing of objections,
and other matters incidental thereto;
Page 11 of 12
(d) the practice and procedure to be followed on and in con nection with appeals,
including—
(i) notices of appeals ;
(ii) prescription of scales of costs ;
(iii) prescription of fees to be charged in connection with appeals ;
(e) the prescription of the form of any notice, valuation list, statement, return, or other
document whatsoever which is required or authoris ed to be used under or for the
purposes of this Act ;
(f) the mode of service of any notice, order or document required or authorised to be
served ;
(g) the inspecti on and taking copies of and ex tracts from any d raft valuation list,
valuation list, notice of objections, proposal for amendment to the
valuation list, notice of appeal, valuation made by valuer, and fees for such
inspection or copies ;
(h) the appointment of valu ers to advise or assist in connection with the valuation of
buildings or lands and their powers and duties ;
(i) the time at and the manner in which the amount o f tax shall be paid to the
Government ;
(j) the portion of the tax to be refunded or геmitted, and the manner in which and the
conditions subject to which such refund or remission may be granted ;
(k) the prescription of fees to be charged in connection with any application made
under this Act or the rules made thereunder ;
(l) any matter which is required by this Act to be prescribed.
(3) In making any rules under sub-sections (1) and (2) Government may direct that the prescribed
authority may impose a penalty not exceeding two hundred rupees on a person who is guilty of a breach
of the provisions thereof.
(4) Rules made under this section shall be laid before the Provincial Assembly of West Pakistan
as soon as may be after they are made.
24. Repeal and Saving.—(1) The Punjab Urban Immovable Property Tax Act, 1940 (Punjab XVII
of 1940) , the Sind Urban Immovable Property Tax Act, 1948 (Sind IX of 1948) , 19[the Sind Urban
Immovable Property Tax Act, 1948, as applicable to Karachi ,] and the North -West Frontier Province
Urban Immovable Property Tax Act, 1948 (N. W. F. P. XVIII of 1948), are hereby repealed.
19Ins. by West Pakistan Ordinance No. I of 1963, s. 3.
Page 12 of 12
(2) Notwithstanding the repeal of the Acts men tioned in sub-section (1), everything done, action
taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer
appointed or person authorised, jurisdiction or power conferred, rule made and order or notification issued
under any of the provisions of the said Acts, shall, if not inconsistent with the provisions of this Act, be
continued, and so far as may be, be deemed to have been respectively done, taken, incurred, commenced,
appointed authorised, conferred, made or issued under this Act.
_____
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Section 3
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under this Act ; (g) “rating area” means urban area where tax is levied under the provisions of this Act; (h) “tax” means the tax leviable under the provisions of section 3; and (i) “urban a rea” means an area within the boun daries of a Municipal Corporation, Municipal Committee, Cantonment Board, Small Town Committee, or other authority (not being a District Board) legally entitled to, or e
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ch may be made by him. 10. Appeal and revision. (1) Any person aggrieved by an order of the appropriate authority upon an objection made before that authority under section 8, 9 16[, 14] or 15 may appeal against such order, at any time before the expiration of thirty days from the date of such order, to the Collector of the district in which the b uilding or land to which the objection related is
Section 7
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to such other officer as the Government may, by notification, appoint in this behalf. 17[(1A) Any person aggrieved by any entry in the valuation list prepared under section 7, or by the insertion therein or omission therefrom of any matter, or otherwise with respect to the list, may, within sixty days of the dato on which the list is to come into force; prefer an appeal in respect of such entry or
Section 3
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isfied that the person liable to pay the tax has wilfully failed to pay the same. 16. Recovery of unpaid dues. (1) If any sum due on account of the tax levied under section 3 or as a penalty imposed under this Act is not paid within the time allowed for its payment and the pe rson from whom it is due does not show cause to the satisfaction of the Collector or any other person authorised by him
Section 3
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anding anything contained in any law and notwithstanding any rights arising out of any contract or otherwise whatsoever, any sum due on account of the tax levied under section 3 or as a penalty imposed under this Act in respect of any building or land, shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon such building or land and up
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Section 3 of West Pakistan Urban Immovable Property Tax Act, 1958
Cited by PUNJAB FINANCE ACT, 1965
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rom the sale, exchange or transfer of immovable property effected after the thirtieth day of June, 1963 18 , within– (a) urban areas specif ied by Government under section 3 of the West Pakistan Urban Immovable Property Tax Act, 1958; and (b) such other urban areas as may be specified by Government under sub-section (I-A): Provided that the tax in respect of property in the urban areas specified by Government under clause ( a) or clause ( b) on or aft
Target heading · West Pakistan Urban Immovable Property Tax Act, 1958
3. Levy of Tex.—
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