OG_794_Urban Service Charges Law - 2000 - English

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    Islamic Emirate of Afghanistan

    Official Gazette

    URBAN SERVICE CHARGES LAW1

    Proprietor: Ministry of Justice

    Published at: 10th Radjab 1421 [Lunar] / 17th Mezan 1379 [Solar] / 8th October 2000

    Issue No: 794

    This translation has been prepared by KCI. It is not an official version of the law and should be read and used

    with regard to this limitation. All reasonable effort has been made to provide an accurate translation of the law

    as published in the Official Gazette. Where a person requires more certainty than an unofficial translation of

    the law can provide, that person is advised to seek professional advice based on the law in the languages of

    Dari and Pashtu as published in the Official Gazette.

    1 For the original authoritative text, see Official Gazette Issue No. 794, 10.07.1421 H.Q (1379).

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    CHAPTER 1

    GENERAL PROVISIONS

    Article 1.

    This law is imposed pursuant to clause 19 of Article 16 of Municipal Law to regulate the affairsregarding determination of types, circumstances and the amount of urban service charges.

    Article 2.

    Emirate institutions and organizations including other individual and legal persons are required to

    pay charges to municipality against the urban services according to provisions of this law.

    Article 3.

    The following terms in this law are defined as follows:

    1. Urban Services: Activities carried out by municipality to ensure the requirements of

    residents of the city.

    2. District (Precinct): An area in the parameters of city determined on the basis of expansion

    and development.

    3. Guild Permit: It is a printed paper distributed by the municipality, according to the

    provisions of this law, for different craft-guilds to carry out activities.

    4. Work Permit: Is a printed paper awarded to the contractors to work in foreign

    organizations and agencies.

    5. Securities: Papers published on the recommendation of municipality by the Ministry of

    Finance and is distributed against a fixed price.

    6. Metal boards: A piece of metal on which the property number, district, road and street are

    clearly inserted and is distributed by the municipality, to specify residential houses,

    commercial constructions, shops, bathrooms, markets and warehouses, against a fixed

    price.

    Fixed Price in this context means cost price plus fifteen percent profit.

    7. Possession of extra piece of land:Possession of more land than ones limit mentioned inhis/her ownership document.

    8. Property charge (Tahjayee): Cash taken from individual and legal persons against

    carrying out economic activities on the municipal property.

    9. City parking areas charge: Cash taken from the owners of vehicles, when the municipal

    property is used by the motor vehicles.

    10. Out-of-city parking areas charge: Cash shall be taken according to the relevant regulation

    from drivers or owners of provincial passenger vehicles which stand in the city parking

    areas charge.

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    11. Guilds: Professionals who carry out the activities relating to single production or service

    either individually or jointly.

    12. Sketch Price: Cash taken by municipality against the distribution of sample sketches

    (maps) of city projects.

    Article 4.

    (1) Professionals and members of Guilds, who operate in the parameters of Municipality, are

    required to obtain Guild Permit from the Municipality or the relevant district.

    Price of stationary of Guild Permit, is allowed to be taken only once with desire of craftsmen in

    accordance with table of annex No. (1) and its price should be paid to the special account of

    Municipality.

    (2) Guild Permit cannot be transferred from one person to another

    Article 5.

    People who work in the political agencies and offices, UN organizations, international NGOs that

    are in the parameters of Municipalities, are required to obtain Work Permit as per the provision of

    paragraph (1) of Article 4 of this law.

    CHAPTER 2

    THE POSSESSION OF EXTRA PARCEL OF LAND

    Article 6.

    (1) If a deserving person to whom the Municipality has allocated a plot for house construction

    occupies more land than specified in his ownership document and [as a result] he harms the city

    map and causes a problem to the public, he/she shall demolish the entire building at his personal

    expense and shall be disposed of the extra parcel of land.

    (2) If the extra-possessed land mentioned in paragraph (1) of this Article does not harm the

    public, the required action shall be taken as follows:

    1. If the price of extra-possessed land is worth less than the persons building, the price of the

    land shall be paid to the Municipality according to the market value.

    2. If, according to the market value, the price of extra-possessed land is worth more than the price

    of the persons building, the price of the building shall be paid to the person and the building shall

    be considered the property of the Municipality.

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    CHAPTER THREE

    PRICE OF THE PLANS (SKETCHS)

    Article 7.

    Municipalities shall be required to prepare the building plans (sketches) of urban projects in itstypical model and put them at the public disposal, at their own consent, against a fixed price, as

    below:

    (1) The price of a sample plan of residential land is the total of expenses plus 15 percent profit.

    (2) The price of plans of industrial and commercial constructions equals to 3 percent of the total

    price of the construction.

    Article 8.

    A person who does not agree with Municipality plans can provide the desired construction plans

    provided he does not cause any major harm to the neighbours.

    Article 9.

    A person who obtains a piece of land from the Municipality shall be required to initiate its

    construction in line with article 7 and article 8 of this law.

    Article 10.

    A person who obtains a piece of land from the Municipality as per the city plans but uses this

    land or a piece of that contrary to the objectives of city plan, its construction shall be stopped and

    shall be completed in line with the objectives of the construction plans (sketch).

    CHAPTER FOUR

    PROPERTY SERVICE CHARGE

    Article 11.

    (1) A person who uses the land which is the property of the Municipality in order to carry out

    economic activities shall be required to pay property charge (tahjayee) to the Municipality.

    (2) A person who brings goods to the market, to the MANDAWI [principal city market] or to

    other area belonging to municipality, shall be required to pay property charge (tahjayee) to

    the municipality in accordance with the annex (2) of this law.

    (3) Municipality can collect the charges under paragraphs (1) and (2) of this article through the

    relevant officials on the basis of signing the contract according to the Purchase Regulation.

    Article 12.

    Individual vehicles which stop in the Municipality parking, their owners shall be required to pay

    charge to the Municipality according to the provisions of the regulation.

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    CHAPTER FIVE

    MISCELLANEOUS PROVISIONS

    Article 13.

    Emirate institutions and organizations and individual and legal persons who dig constructed roads(paved and unpaved) included in the city plan without the permission of the Municipal authorities

    shall be required to compensate for damage.

    Article 14.

    Municipality charge shall be paid in Afghanis.

    Article 15.

    In order to obtain property charge, Municipalities, by signing contracts and in accordance with

    legal documents, may temporarily lease out the lands allocated for commercial sites and high-risebuildings and other areas under master plan which have not been distributed yet, until their

    distribution.

    Article 16.

    The amount of cleaning charge and Municipal property rents shall be fixed and regulated by

    separate regulations.

    Article 17.

    (1) To better implement the provisions of this law, Municipalities may enact procedures.

    (2) Municipalities, in agreement with the Ministry of Finance, can review the charges

    mentioned in the annexes of this law according to the changes in the prices and shall send it

    for further process to the competent authorities.

    Article 18.

    This law shall be effective from the date it is signed and shall be published in the Official

    Gazette. With the enforcement of this law, the provisions of other legislative documents, annexes

    and bills relating to city services tax which is in contrary to this law shall be annulled.

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    Annex No. 1 - Guild Permits for Kabul Citys GuildsNo Name of Guild First Grade Second Grade

    (1) (2) (3) (4)

    First group

    1 Juice shop 40,000

    2 Ice-cream shop 50,0003 Water Mill 50,000

    4 Electrical and diesel Mill 80,000

    5 Drugstore (wholesale) 200,000

    6 Drugstore (retail) 150,000

    7 Herbal Medicines store 200,000

    8 Millet and mustard shop 20,000

    9 Bone selling shop 20,000

    10 Pine nuts dealer 50,000

    11 Wholesale rice shop 100,000

    12 Retailer rice shop 50,000

    13 Ice-cream cone maker 50,000

    14 popcorn seller 10,00015 Locker room 50,000

    16 Chicken egg shop 30,000

    17 Roasted seeds shop 30,000

    18 Pickle and Jam shop 30,000

    19 Green grocery shop 30,000

    20 Mulberries shop 30,000

    21 Confectionary shop 50,000

    22 Corn seller 30,000

    23 Oil extracting plant and black

    sugar producing plant

    50,000

    24 Rice husk remover 50,000

    25 Tea shop (wholesale) 200,00026 Tea shop (retail) 100,000

    27 French fries, sausage andhamburger shop

    20,000

    28 Fried ground-meat shop 15,000

    29 Grocery 50,000

    30 Haleem cooking shop 20,000

    31 Sweet paste shop 30,000

    32 Female bakery 15,000

    33 Male bakery 30,000

    34 Bread baking oven 20,000

    35 Grain for chicken 15,000

    36 Restaurant 100,000

    37 Cooking oil shop (wholesale) 100,00038 Cooking oil shop (retail) 50,000

    39 Water-bearer 10,000

    40 Tea house 10,000

    41 Bran shop 10,000

    42 Vinegar shop 15,000

    43 Slaughter 10,000

    44 Clover and alfalfa shop 10,000

    45 Ice cream shop 30,000

    46 Confectionaries (wholesale) 50,000

    47 Confectionaries(retail) 30,000

    48 Vendor 10,000

    49 Cooked chicken pea shop 10,00050 Grain seller 100,000 50,000

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    51 Perfumer 20,000

    52 Pudding shop 15,000

    53 Butcher shop 50,000

    54 Sweet shop 50,000

    55 Kebab shop 30,000

    56 Potato shop (wholesale) 40,000

    57 Potato shop (retail) 20,00058 Bakery 50,000

    59 Cake and cookies shop 30,000

    60 Animal head selling shop 20,000

    61 Animal Head cooking shop 20,000

    62 Remains of squeezed seeds

    shop

    20,000

    63 Meat grinding shop 10,000

    64 Black sugar shop (wholesale) 100,000

    65 Black sugar shop (retail) 50,000

    66 Dairy shop 20,000

    67 Beet root shop 10,000

    68 Fish shop 30,00069 Poultry shop 40,000

    70 Fresh Fruit shop 50,000

    71 Dried fruit shop 50,000

    72 Mantoo and Sambosa shop 20,000

    73 Salt shop 15,000

    Second group

    74 Restaurant 100,000

    75 Hotel 150,000

    76 Guest house 50,000

    77 Wedding Hall 200,000

    78 Macaroni shop 20,000

    79 Non-alcoholic beverages

    factory

    100,000

    80 Non-alcoholic beverages shop 30,000

    Third group

    81 Silk seller 30,000

    82 Antique shop 50,000

    83 Luxury items shop 50,000

    84 Over-coat shop 50,000

    85 Cloth merchant (wholesale) 100,000

    86 Cloth merchant (retail) 40,000

    87 Paizar ( a kind of old

    fashioned shoes) and Paizermaker

    30,000

    88 Bag maker 20,000

    89 Bag seller shop 30,000

    90 Shoe-making shop 50,000

    91 imported shoe shop 100,000

    92 Home made shoe shop 50,000

    93 Second hand shoe shop 30,000

    94 Cotton Shop 30,000

    95 Cobbler, plastic and rubber

    shoe shop

    10,000

    96 Watch spare parts shop 10,000

    97 Animal hide shop 50,00098 Wool shop 50,000

    99 Cloth printing shop 20,000

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    100 Thread shop (wholesale) 30,000

    101 Thread shop (retail) 15,000

    102 Tar-e- sardoz shop 20,000

    103 Sweater shop 30,000

    104 Sweat weaver 20,000

    105 Socks shop 30,000

    106 Socks weaving 15,000107 Veil shop 50,000

    108 Slipper maker and SlippersShop

    30,000

    109 Sandals Shop 50,000

    110 Tanning 20,000

    111 Leather Shop 30,000

    112 Gown Shop 50,000

    113 Gown maker 30,000

    114 Coats shop 30,000

    115 Coat maker 15,000

    116 Embroidery 50,000

    117 Dry cleaner 30,000118 Tailor 50,000 20,000

    119 Home made gloves shop 20,000

    120 Handkerchief maker andhandkerchief shop

    40,000

    121 Button making and buttons

    shop

    20,000

    122 Launderer 20,000

    123 Rope weaver 20,000

    124 Darner 30,000

    125 Dyer 30,000

    126 Turbans shop 50,000

    127 Turbans weaver 30,000

    128 Glove maker 20,000

    129 Goldsmith 200,000 150,000

    130 Imported gloves shop 30,000

    131 Watch repairer 20,000

    132 Watch shop 100,000

    133 Barber shop 20,000

    134 Hide sorter 20,000

    135 Shawl maker 30,000

    136 Shawl shop 40,000

    137 Combs shop 20,000

    138 Combs maker 15,000

    139 Soap making 100,000

    140 Soap shop 30,000141 Trunk making 20,000

    142 Trunk shop 30,000

    143 Optician 40,000

    144 Optician shop 50,000

    145 Perfumes shop 50,000

    146 Peshawari dress shop 100,000

    147 Hatter 30,000

    148 Hats shop 40,000

    149 Belt maker 20,000

    150 Belt shop 30,000

    151 Blanket shop 30,000

    152 Kashmira ( cloth for suits)Shop ( wholesale)

    100,000

    153 Kashmira ( cloth for suits) 50,000

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    Shop ( Retail)

    154 Cosmetics shop 70,000

    155 Dress shop 40,000

    156 Quilt and mattress shop 30,000 20,000

    157 Second hand dress/cloth shop 30,000

    158 Waistcoat tailor 30,000

    159 Waistcoat shop 20,000

    Fourth group: Heating and fuel shop

    160 Lamp and stove maker 20,000

    161 Lamp and stove shop 30,000

    162 Stove maker (tinsmith) 30,000

    163 Imported stoves 40,000

    164 Home made stoves (wood

    burning stoves for heatinghouses)

    40,000

    165 Saw dust shop 20,000

    166 Dry grass and corn stem shop 15,000

    167 Generator, water pump,cooler, fan and refrigerator

    repairer

    40,000

    168 Kerosene, diesel and petrol

    seller shop (wholesale)

    100,000

    169 Kerosene, diesel and petrol

    seller shop ( retail)

    40,000

    170 Vegetable cooking oil shop 20,000

    171 Generator and water pumpdealer

    15,000

    172 Fuel wood shop 40,000

    173 Charcoal shop 40,000

    174 Gas shop 40,000

    Fifth group: Construction materials

    175 Building glass dealer 100,000

    176 Iron sheet maker 50,000

    177 Iron sheet shop 100,000

    178 Electrician 20,000

    179 Rubber pipe shop 30,000

    180 Plastic sale shop 30,000

    181 Well digger and cleaner 20,000

    182 Concrete ring maker (forwells)

    50,000

    183 Wooden board seller 50,000

    184 Timber dealer 200,000185 Wooden beam dealer 50,000

    186 Central heating technique 40,000

    187 Lime stone, gatch (plaster ofParis) and marble ore dealer

    30,000

    188 Burnt brick dealer 50,000 30,000

    189 Unbaked brick dealer 30,000

    190 Brick layer 15,000

    191 Hardware shop 100,000 50,000

    192 Brick and Lime kilns 100,000

    193 Electric or diesel run saw plant 50,000

    194 Construction plant 200,000

    195 Rubber bucket and rubber

    rope shop

    20,000

    196 Paint shop 70,000

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    197 Building painting 30,000

    198 Dye shop 50,000

    199 Electric equipment shop 100,000

    200 Plumbing tools 100,000

    201 Cement shop 50,000

    202 Tile shop 50,000

    203 Cement stone shop 30,000204 Steel bar dealer 100,000

    205 Clod and earth dealer 20,000

    206 Metal works 100,000

    207 Hay shop 20,000

    208 Mason 30,000

    209 Labourer 15,000

    210 Carpenter 40,000

    211 Welder 40,000

    212 Wirer 40,000

    213 Lineman 6,000

    214 Plumber 50,000

    Sixth group: Vehicles and Spare parts

    215 Bicycle repairer 15,000

    216 Puncture man 15,000

    217 Bicycle dealer 100,000

    218 New tire and tube dealer 200,000

    219 Second hand tire and tubeseller

    100,000

    220 Spare parts dealer 200,000 100,000

    221 Workshop (vehicles repair) 100,000

    222 Vehicle seat making and seat

    seller

    30,000

    223 Wheelbarrow making 40,000

    224 Wheelbarrow shop 50,000

    225 Denting and car painting 100,000

    226 Horse drawn car 50,000

    227 Horse drawn car driver 15,000

    228 Car dealer (car bargain) 300,000

    229 Car washing 50,000

    230 Driver 30,000

    231 Scenery seller 15,000

    232 Lubricants dealer 100,000 40,000

    Seventh group: Utensils and furniture

    233 Personal cook 20,000

    234 New cupboard and safe dealer 50,000 30,000235 Mat weaving 10,000

    236 Mat sellers shop 15,000

    237 Chinaware repairer 10,000

    238 Tarpaulin dealer 15,000

    239 Wooden bed dealer 30,000

    240 New cot dealer 50,000 30,000

    241 Pressure Cooker dealer 100,000

    242 Aluminium utensils shop 50,000

    243 Estalifi Ceramic utensils shop 15,000

    244 Plastic utensils shop 50,000

    245 New Chinaware shop 100,000 50,000

    246 New nickel utensils shop 70,000 50,000247 Ground sheet weaver 30,000

    248 Home made ground sheet and 40,000

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    doormat shop

    249 Iranian and Russian ground

    sheet shop

    100,000

    250 Carpet weaver 40,000

    251 Carpet dealer 100,000

    252 Potter 20,000

    253 Coppersmith 40,000254 Furniture maker 100,000

    255 Furniture dealer 150,000

    256 Felt weaver 30,000

    257 Carder 20,000

    Eight group: Architecture and Civil Engineering Offices

    258 Architectures and sketching

    office

    150,000

    259 Translation services office 50,000

    260 Counselling Office 50,000

    Ninth group: Book seller and stationery261 Postcard seller 15,000

    262 Radio and tape recorder spareparts , camera and

    photography equipment shop

    100,000

    263 Camera repairer shop 50,000

    264 Radio, tape recorder andloudspeaker shop

    100,000

    265 Painting of inanimate things 15,000

    266 Book binding 15,000

    267 Pen maker 10,000

    268 Paper seller shop 20,000

    269 Camera shop 50,000

    270 Flower shop and flowermaking

    50,000

    271 Signboard making 20,000

    272 Minatory 20,000

    Tenth group: Livestock, Weapons and Sport clubs

    273 Toys which Islam allows to

    play with

    20,000

    274 Horse and donkey seller 20,000

    275 Saddle shop 20,000

    276 Shotgun and cartridge dealer 150,000

    277 Tekwando, Judo, Karate and

    Kankfo Clubs owner

    50,000

    278 Wrestling club owner 50,000

    279 Sports clubs owner 50,000

    280 Saddle and harness shop 30,000

    281 Bow string shop 10,000

    282 Sports items shop 40,000

    Eleventh group: Miscellaneous tradesmen

    283 Shoe polish 10,000

    284 Coffin making 20,000

    285 Coffin seller 30,000

    286 Ironsmith 30,000

    287 Oven maker 20,000

    288 Bath keeper 40,000

    289 Broker of moveable property 20,000

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    290 Casting 10,000

    291 Inn keeper 15,000

    292 Money changer 200,000

    293 Lock and key maker 10,000

    294 Electric equipment 50,000

    295 Livestocks sale 20,000

    296 Bee keeping 20,000297 Auctioneer ( in case the

    auction is permissible inIslam)

    40,000

    298 Reed seller 40,000

    299 Used items seller 20,000

    300 Salvage spare parts seller 70,000

    301 Used metals (scrape) seller 70,000

    302 Battery charging 30,000

    303 Acid seller 30,000

    304 Cutler and cutlery 20,000

    305 Sewing machine shop 50,000

    306 Poultry farm 30,000307 Raw materials of carpet

    weaving

    15,000

    308 Sewing machine wooden and

    metal cover shop

    40,000

    309 Grocery 50,000

    310 Plastic shoes and candlemaking, stonecutting and

    carpentry factories

    100,000

    311 Corporations (Limited) 200,000

    312 Sugar seller 50,000

    Twelfth group: Work permit for casual labourers employed by International Organizations (NGOs) 10% of

    one months salary

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    Annex No. 2 Demurrage (property charge) Income Stated in Article 11 of the

    Urban Service Charges Law

    No Charge Indicators Payable Charge

    1 Collection of charge from the seller of a cow, buffalo, calf, camel, horse and donkey with

    one night stay

    4,500 Afs

    2 Collection of charge from the seller of sheep, goat and deer 1,500 Afs

    3 Collection of toll charge from a truck laden with fuel wood, charcoal and white hay 7,000 Afs

    4 Collection of toll charge from a truck laden with wooden beams 11,500 Afs

    5 Collection of toll charge from a truck laden with timbers 42,000 Afs

    6 Collection of charge from an incoming truck laden with water melon and melon 23,000 Afs

    7 Collection of charge from an outgoing truck laden with water melon and melon 90,000 Afs

    Charge collection from markets and mandawees (large markets) and fruit markets scales:

    8 Collection of toll charge from a 1620 truck and Kamaz laden with goods 11,500 Afs

    9 Collection of charge from a lorry and Chakla (truck) laden with goods 7,000 Afs

    10 Collection of toll charge from a bus transporting goods 4,500 Afs

    11 Collection of toll charge from a minibus and Dina laden with goods 2,500 Afs12 Collection of charge from small and large carts and donkey drawn carts 1,000 Afs

    13 Collection of charge from the buyer for the entry of foodstuff sack 500 Afs

    14 Collection of charge from the buyer for the entry of one crate of or a tin of cooking oil 500 Afs

    15 Collection of charge from the buyer for the entry of a small tin of cooking oil 500 Afs

    16 Collection of charge from the buyer for the entry of a barrel of cooking oil 7,000 Afs

    17 Collection of charge from the vehicles for spending a night in the market or Mandawee(large market)

    500 Afs

    18 Collection of demurrage (property charge) from a 1620 model truck and Kamaz 2,500 Afs

    19 Collection of demurrage (property charge) from a Chakla, Lorry or a similar vehicle 1,500 Afs

    20 Collection of demurrage (property charge) from goods carrying bus and a similar vehicle 1,000 Afs

    21 Collection of demurrage (property charge) from a Dina, Minibus and a similar vehicle 500 Afs

    22 Collection of charge for one night stay of an animal 1,000 Afs