Section 119. Taxation of Union properties

119. Taxation of Union properties.—[5] [(1)] Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the property taxes specified in section 114: Provided that nothing[6] [in this sub-section] shall prevent[3] [[4] [the Corporation]] from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as liable, so long as that tax continues to be levied by[3] [[4] [the Corporation]] on other lands and buildings. 1. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012). 2. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022). 3. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012). 4 . Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022). 5. Section 119 re-numbered as sub-section (1) thereof by Act 42 of 1961, s. 8 (w.e.f. 12-9-1961). 6. Subs. by s. 8, ibid., for "in this section" (w.e.f. 12-9-1961). 1[ Explanation.— For the purposes of this section, property owned by a Government company or a statutory corporation, which has a corporate personality of its own, shall not be deemed to be the property of the Union.] 2* * * * * 3[120. Incidence of property taxes.— (1) (a) The property tax on any land or building shall be primarily leviable upon the owner thereof. (b) The liability of the several owners of any land or building constituting a single unit of assessment, which is, or purports to be, severally owned in parts including flats or rooms, for payment of property tax or any instalment thereof, payable during the period of such ownership, shall be joint and several: Provided that the Commissioner may apportion the amount of property tax on such land or building among several co-owners: Provided further that in any case where the Commissioner is, for reasons to be recorded in writing, satisfied that the owner is not traceable, the occupier of such land or building for the time being shall be liable for payment of the property tax and shall also be entitled to the rebate, if admissible. (c) In the case of any land or building which is not self-occupied and where the owner is constrained by any law, order of the Government, or order of a court from recovering the tax due, such tax shall be recovered from the occupier or occupiers, as the case may be: Provided that the owner shall continue to pay such amount of tax as he was liable to pay before the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003 and only the balance amount, if any, shall be recovered from the occupier. (d) The property tax on any land or building, which is the property of[4] [[5] [the Corporation] and the possession of which has been delivered under any agreement or licensing arrangement, shall be leviable upon the transferee or the licensee, as the case may be. (e) The property tax in respect of any land or building, being the property of the Union, the possession of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954), shall be leviable upon the transferee. (2) If any land has been let to a tenant for a term exceeding one year and such tenant has built upon such land, the property tax assessed in respect of such land and the building erected thereon shall be payable by such tenant, whether the land and the building are in the occupation of such tenant or a sub-tenant of such tenant. Explanation.— For the purposes of this section, "tenant' shall include any person deriving title to the land or the building erected upon such land, from the tenant, whether by operation of law or by transfer inter vivos .] 121. [ Apportionment of liability for property taxes when the premises assessed are let or sub-let . ] Omitted by the Delhi Municipal Corporation Ac t, 2003 (6 of 2003), s. 12 ( w.e.f. 1-8-2003).