Railways (Local Authorities, Taxation) Act, 1941
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THE RAILWAYS (LOCAL AUTHORITIES’ TAXATION) ACT, 1941
THE RAILWAYS (LOCAL AUTHORITIES’ TAXATION) ACT, 1941 ACT NO. XXV OF 1941 [26th November, 1941] An Act to regulate the extent to which railway property shall be liable to taxation imposed by an authority within a Province.
WHEREAS it is expedient to regulate the extent to which property vested in 1[Government] for the purposes of the Central Government, being property of a railway, shall be liable to taxation imposed by an authority within a Province;
It is hereby enacted as follows:__
Section 1. Short title and extent
(1) This Act may be called the Railways (Local Authorities Taxation) Act, 1941.
2[(2) It extends to the whole of Pakistan.]
Section 2. Definitions
In this Act, __
(a) “local authority” means a local authority as defined in the General Clauses Act, 1897 (X of 1897), and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy, of a river;
(b) “railway administration” has the meaning assigned to the expression in clause
(6) of section 3 of the Railways Act, 1890 (IX of 1890).
Section 3. Liability of Railways to taxation by local authorities
(1) In respect of property vested in 1[* * *] the 3[Federal Government], being property of a railway, a railway administration shall be liable to pay any tax in aid of the funds of any local authority, if the 3[Federal Government], by notification in the official Gazette, declares it to be so liable.
(2) While a notification under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax mentioned in the notification or in lieu thereof such sum, if any, as a person appointed in this behalf by the 3[Federal Government] may, having regard to the services rendered to the railway and all the relevant circumstances of the case, from time to time determine to be fair and reasonable. The person so appointed shall be a person who is or has been a Judge of a High Court or a District Judge.
1Subs. and omitted by the Central Laws (Adaptation) Order 1961 (Order No. 1 of 1961), Art. 2.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.
3Subs. by the Federal Adaptation Order of Laws Order, 1975 (P. O. No. 1 of 1975), Art. 2 and Table.
Section 5. Saving
Nothing in this Act shall be construed as debarring any railway administration administering a railway from entering into a contract with any local authority for the supply of water or light or for the scavenging of railway, premises or for any other service which the local authority may be rendering or be prepared to render within any part of the local area under its control.
______________
Date: 31-07-2024
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CONTENTS 1. Short title and extent 2. Definitions 3. Liability of railways to taxation by local authorities 4. Modification of existing liability to taxation 5. Saving
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Page 1 of 3 THE RAILWAYS (LOCAL AUTHORITIES’ TAXATION) ACT, 1941 CONTENTS 1. Short title and extent 2. Definitions 3. Liability of railways to taxation by local authorities 4. Modification of existing liability to taxation 5. Saving Page 2 of 3 THE RAILWAYS (LOCAL AUTHORITIES’ TAXATION) ACT, 1941 ACT NO. XXV OF 1941 [26th November, 1941] An Act to regulate the extent to which railway property shall be liable to taxation imposed by an authority within a Province. WHEREAS it is expedient to regulate the extent to whic h property vested in 1[Government] for the purposes of the Central Government, being property of a railway, shall be liable to taxation imposed by an authority within a Province; It is hereby enacted as follows:__ 1. Short title and extent. __(1) This Ac t may be called the Railways (Local Autho rities Taxation) Act, 1941. 2[(2) It extends to the whole of Pakistan.] 2. Definitions. In this Act, __ (a) “local authority ” means a local authority as defined in the General Clauses Act, 1897 (X of 1897), and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy, of a river; (b) “railway administration” has the meaning assigned to the expression in clause (6) of section 3 of the Railways Act, 1890 (IX of 1890). 3. Liability of Railways to taxation by local authorities. __ (1) In respect of property vested in 1[* * *] the 3[Federal Government], being property of a railway, a railway administration shall be liable t o pay any tax in aid of the funds of any local authority, if the 3[Federal Government], by notification in the official Gazette, declares it to be so liable. (2) While a notification under sub -section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax mentioned in the notification or in lieu thereof such sum, if any, as a person appointed in this behalf by the 3[Federal Government] may, having regard to the services rendered to the railway and all the r elevant circumstances of the case, from time to time determine to be fair and reasonable. The person so appointed shall be a person who is or has been a Judge of a High Court or a District Judge. 1Subs. and omitted by the Central Laws (Adaptation) Order 1961 (Order No. 1 of 1961), Art. 2. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. 3Subs. by the Federal Adaptation Order of Laws Order, 1975 (P. O. No. 1 of 1975), Art. 2 and Table. Page 3 of 3 5. Saving. Nothing in t his Act shall be construed as debarring any railway administration administering a railway from entering into a contract with any local authority for the supply of water or light or for the scavenging of railway , premises or for any other service which the local authority may be rendering or be prepared to render within any part of the local area under its control. ______________ Date: 31-07-2024
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Section 3 of Railways Act, 1890
Cited by Railways (Local Authorities, Taxation) Act, 1941
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y fund for the maintenance of watchmen or for the conservancy, of a river; (b) “railway administration” has the meaning assigned to the expression in clause (6) of section 3 of the Railways Act, 1890 (IX of 1890). 3. Liability of Railways to taxation by local authorities. __ (1) In respect of property vested in 1[* * *] the 3[Federal Government], being property of a railway, a railway administration shall be liable t o
Target heading · Railways Act, 1890
5[3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (a) “accident” means as defined in the Ordinance, (b) “Authority” means as defined in the Ordinance, (c) “Collector” means the chief officer in charge of the land-revenue administration of a district, and inc
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