Andhra pradesh act 017 of 1986 : Indian Stamp (Andhra Pradesh Amendment) Act, 1986

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp (Andhra Pradesh Amendment) Act, 1986.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may by notification in the Andhra Pradesh Gazette appoints.

Section 2. Amendment of Section 2

2. Amendment of Section 2.- In the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act) as in the force in the State of Andhra Pradesh in section 2 in clause (15), the following words shall be added at the end, namely:-

"and a memorandum regarding past partition.";

Section 3. Insertion of new section 41-A

3. Insertion of new section 41-A.- After section 41 of the principal Act, the following shall be inserted, namely:-

40-A. Recovery of stamp duty no levied or short levied.- (1) Where after the commencement of the Indian Stamp (Andhra Pradesh Amendment) Act, 1986, any instrument chargeable with duty has not been duly stamped and registered by any Registering Officer by mistake and remarked as such by the Collector or any audit party, the Collector may, within live years from the date of registration serve a notice on the person by whom the duty was payable requiring him to show cause why the proper duty or the amount required to make up the same should not be collected from him:

Provided that where the non-payment was by reason of fraud, collusion or any wilful mis-statement or suppression of facts o; contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duly, the Collector may within ten years from the date of registration serve a notice on such person to show cause why the proper duty or the amount required to make up the same should not be collected from him.

(2) The Collector or any officer specially authorised by him in this behalf shall, after considering the representation if any, made by the person on whom notice is served under sub-section (1), determine by an order, the amount of duty due from such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount as determined. On payment of the duty the Collector shall add a certificate under section 42.

(3) Any person aggrieved by an order under sub-section (2) may prefer an appeal before the Commissioner of Survey, Settlement and Land Records, Andhra Pradesh, Hyderabad within three months from the date of such order.

(4) Any duty payable under this section shall be recovered as an arrear of land revenue".

Section 4. Amendment of section 42

4. Amendment of section 42.- In section 42 of the principal Act,-

(a) for the expression "under section 35, section 40 or 41", the expression "under section 35, section 40, section 41 or 41-A" shall be substituted;

(b) in the marginal heading, for the expression "section 35, 40 or 41", the expression "section 35, 40, 41 or 41-A" shall be substituted.

Section 5. Amendment of Section 47-A

5. Amendment of Section 47-A.- In section 47-A of the principal Act for the words "or settlement", the words "settlement or, release" and for the words "he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon", the words "he may, keep pending such instrument and refer the matter to the Collector for determination of market value of such property and proper duty payable thereon", shall respectively be substituted.

Section 6. Substitution of Section 73

6. Substitution of Section 73.- For section 73, of the principal Act, the following section shall be substituted, namely:-

73. "Books, etc. to be kept open for inspection.- (1) Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspection where of may attend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to enter upon any premises and to inspect for such purposes the registers, books, records, papers, documents and proceedings, and to take such notes, and extracts as he may deem necessary, without fee of charge and if necessary to seize them and impound the same under proper acknowledgment:

Provided that such seizure of any registers, books, records, papers, documents or other proceedings, in the custody of any Bank be made only after a notice of thirty days to make good the deficit stamp duty is given.

Explanation:-For the purposes of this proviso ‘bank’ means a banking company as defined in section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949) and includes the State Bank of India, constituted by the State Bank of India Act, 1955 (Central Act 23 of 1955) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959), a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer-of Undertakings) Act, 1970 (Central Act 5 of 1970) and in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, (Central Act 40 of 1980) a Regional Rural Bank established under the Regional Rural Banks Act, 1976, (Central Act 21 of 1976) the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964). National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1981, (Central Act 61 of 1981) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956). The Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948, (Central Act XV of 1948) and such other financial or banking institution owned, controlled or managed by a State Government or the Central Government, as may be notified in this behalf by the Government.

(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorised under sub-section (1), produce them before such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as he may deem necessary.

(3) If, upon such inspection, the person so authorised is of opinion that any instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same from the person liable to pay the stamp duty; and in case of default the amount of the duty shall be recovered as an arrear of land revenue.

Section 7. Amendment of Schedule 1-A

7. Amendment of Schedule 1-A.- In Schedule 1-A of the principal Act,-

(a) in Article 20-

(i) for the expression "conveyance as defined by section 2(10), not being a transfer charged or exempted under (No. 53)", the expression "conveyance as defined by section 2(10), not being a sale, charged under (No. 47-A) or a transfer charged or exempted under (No. 53)", shah be substituted;

(ii) after clause (c), the following proviso shall be inserted, namely:-

"Provided that where an agreement to sell an immovable property is stamped with the advelorem stamp required for a conveyance on sale under article 47-A and a conveyance on sale in pursuance of such agreement is subsequently executed, the duty on such conveyance on sale shall be the duty payable under the article less the duty already paid under article 47-A subject to a minimum of five rupees;

(b) in article 31, after clause (c), and before the explanation thereunder the following clause shall be inserted, namely:-

(c) in article 46, for clause (A), the following clause shall be substituted, namely:-

(c) where the property is situated in any area other than those mentioned in clauses (a) and (b)-

Explanation:-An agreement to sell followed by or evidencing delivery of possession of the property agreed to be sold shall be chargeable as a "sale" under this article and the instrument of sale in pursuance of such agreement subsequently executed shall be chargeable with a duty of rupees five".