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Act No.53 of 1992
An Act made to impose a tax on land rendered profitable in shrimp cultivation areas
Whereas it is expedient to impose a tax on land rendered profitable in shrimp cultivation areras;
Now, therefore, it is enacted as follows:-
1. Short title and commencement.- (1) This Act may be called
the Shrimp Cultivation Tax Act, 1992.
(2) This Act shall come into force on such date as the Government may,
by notification in the official Gazette, determine.
2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-
a) "tax" means the tax payable under this Act;3. Act to override other laws.- Notwithstanding anything contained in any other Act for the time being in force, the provisions of this Act and the rules made thereunder shall have effect.
b) "landowner" shall also include landholder;
c) "Water Development Board" means the Water Development Board established under the Bangladesh Water and Power Development Board Order, 1972 (P.O.No.59 of 1972);
d) "rule" means any rule made under this Act.
4. Imposition of the tax.- (1) Where any land has been or can,
in the opinion of the Government, be rendered profitable on account of
dams constructed, canals
dug, or water control systems set up, by the Government
in shrimp cultivation areas, the Government may, by notification, declare
its intention to impose in such areas, heretoafter referred to as notified
areas, a tax at the rate fixed in the notification:
Provided that the tax proposed for any notified area shall not exceed
nor fall below the tax in any other notified area.
(2) Whoever has interests in any land in a notified area may, within
thirty days after the publication of a notification under sub-section
(1),
raise, with the officer determined by rule, an objection in writing addressed
to the Government against this land being included
in the area regarding
which a declaration under the said sub-section has been issued.
(3) The Government may, on consideration of objections received within
the time limit referred to in sub-section (2), by notification-
a) withdraw the declaration to impose the tax, or5. Assessment and collection of the tax.- (1) The tax for all lands included in a notified area shall, on publication of a notification imposing the tax under clause b) of sub-section (3) of section 4, as fast as possible, be assessed by such person as may be determined by rule.
b) impose the tax in the area, or any part of it, regarding which a declaration under sub-section (1) has been issued.
6. Liability to pay the tax.- Notwithstanding anything contained
in any other law, usages, customs or agreements for the time being in force,
the tax imposed in
notified areas shall be payable by the landowners concerned:
Provided that, in case of the tax being imposed on land held by co-owners,
the said tax shall be payable by the person receiving the
revenue from
the said land, who may-
a) deduct it before the revenue from the said land is shared out, or7. Collection of tax arrears and interests.- All tax arrears including interests under this Act shall be recovered as public demands.
b) collect it from the persons liable to pay the tax as if the said payers had taken a loan from him.
8. Delegation of powers.- The Government may, by notification in the official Gazette, delegate all or any of its powers under this Act on any person or authority.
9. Power to make rules.- The Government may, by notification
in the official Gazette, make rules for carrying out the purposes of this
Act.
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URL: http://www.commonlii.org/bd/legis/num_act/scta1992275