(1) The State Government shall, with effect from such date as may be notified in the Official Gazette, levy a charge (hereinafter referred to as the conversion charge) on any land or building or both, situated in any of the urban agglomerations whenever such land or building is charged from one use to another which is more benefical in nature, either by operation of law or by act of parties.
(2) The conversion charge shall be levied at such rates as may be specified by the State Government by notification in the Official Gazette, so, however, that the rate shall not exceed for conversion—
(i) from agricultural use to commercial use, 35 per cent. of the increase in value of the land or building, as the case may be;
22 The West Bengal Urban Land Taxation Act, 1976.
VIII of 1976.]
(Chapter 11L—Development charge and conversion charge.— Section 7.)
(ii) from agricultural use to industrial use, 50 per cent. of the increase in value of the land or building, as the case may be;
(iii) from commercial use to industrial use, 25 per cent. of the increase in value of the land or building, as the case may be;
(iv) from residential use to commercial use, 30 per cent. of the increase in value of the land or building, as the case may be;
(v) from residential use to industrial use, 40 per cent. of the increase in value of the land or building, as the case may be:
Provided that no conversion charge shall be levied in respect of any land or building where the area occupied by such land or building or both does not exceed five hundred square metres.
Explanation.—For the purposes of this Act— (I) "commercial use" means the use of any land or building or part thereof for the purpose of carrying on of any trade or business or for running an office in relation thereto;
(II) "industrial use" means the use of any land or building or part thereof for carrying on any manufacturing process as difined 63 of 1948. in the Factories Act, 1948.
(3) The increase in the value of any land or building on account of the change in use shall be determined by the Commissioner in such manner as may be prescribed.
(4) The conversion charge shall be collected from any person who owns the land or building.
(5) For the purposes of section 5 and this section, when any development is carried out or change from one use to another which is more beneficial in nature is effected in respect of any land or building by any person who holds such land or building under a lease, such person shall be deemed to be the owner for such land or building and shall alone be liable to pay the charges accordingly.
7. Notwithstanding anything to the contrary contained in any other Bar on nversion c law for the time being in force, no person shall change any land situated ,(;
agricultural to within any of the urban agglomerations from agriculture to any other use except with the previous permission in writing of the Commissioner, agricultural obtained in such manner as may be prescribed.
use.
23 The West Bengal Urban Land Taxation Act, 1976.
[West Ben. Act (Chapter IV—Tax Authorities.—Sections 8-11.)
Tax authorities.
CHAPTER IV Tax Authorities