State Act

141

Section 141. Property taxes to be a first charge on premises on which they are asseesed.

The Gujarat Provincial Municipal Corporations Act, 1949

Act no. 59 of 19491949In forceGujarat (State Act)

141. (1) Property-taxes due 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 3[State] Government thereupon, be a first charge, in the case of any building or land held immediately from the 4[Government], upon the interest in such building or land of the person liable for such taxes and upon the movable property, if any, found within or upon such building or land and belonging to such person; and, in the case of any other building or land, upon the said 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 taxes. Explanation.— The term “property taxes” in this section shall be deemed to include charges payable under section 134 for water supplied to any premises and the costs of recovery of property-taxes as specified in the rules. (2) In any decree passed in a suit for the enforecement of the charge created by sub-section (1), the Court may order the payment to the Corporation of interest on the sum found to be due at such rate as the Court deems reasonable from the date of the institution of the suit until realisation, and such interest and the cost of enforcing the said charge, including the costs of the suit and the cost of bringing the premises or moveable property in question to sale under the decree; shall, subject as aforesaid, be a fresh charge on such premises and moveable property along with the amount found to be due, and the Court may direct payment therof to be made to the Corporation out of the sale proceeds.