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Railways (Local Authorities, Taxation) Act, 1941

Act· 1941· 3 pages
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Summary

This 1941 Act regulates whether, and how, property belonging to a railway that is vested in the Federal Government can be taxed by local authorities like municipalities. Section 2 defines "local authority" by reference to the General Clauses Act, 1897, extending it to include any authority controlling funds for watchmen or river conservancy, and defines "railway administration" by reference to the Railways Act, 1890.

Section 3 sets the core rule: railway property vested in the Federal Government is only liable to pay tax in aid of a local authority's funds if the Federal Government specifically declares that liability by official notification. While such a notification is in effect, the railway administration must pay either the tax specified in the notification, or, alternatively, a fair and reasonable sum determined by a person appointed by the Federal Government (who must be a current or former High Court or District Judge), taking into account the services the local authority actually renders to the railway.

Section 5 preserves railway administrations' ability to voluntarily contract with a local authority for services like water, light, or scavenging (cleaning) of railway premises, or any other service the local authority provides, separate from the taxation regime set out above.

This is an old statute (1941) whose administering authority terminology was updated from "Central Government" to "Federal Government" by later adaptation orders, so current practice for how railway taxation notifications are issued should be checked against present administrative arrangements.

Key topics

railway property taxationlocal authoritiesFederal Government notificationfair compensation for services

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