Indian Stamp (Tamil Nadu Amendment) Act, 1992*
| [Tamil Nadu Act No. 43 of 1992] | [27th August, 1992] |
An Act further to amend the Indian Stamp Act, 1899, in its application to the State of Tamil Nadu
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 27th August, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp (Tamil Nadu Amendment) Act, 1992.
(2) It extends, to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Insertion of new section 19-B.- In the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), after section 19-A, the following section shall be inserted, namely:-
"19-B. Payment of duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original instrument.-(1) Where any instrument in registered in any part of India other than the State of Tamil Nadu and such instrument relates, wholly or partly to any properly situate in the State of Tamil Nadu, the copy of such instrument shall, when received in the State of Tamil Nadu undee the Registration Act, 1908 (Central Act XVI of 1908), be liable to be charged with the difference of duty as on the original instrument.
(2) The difference of duty shall be calculated having regard to-
(a) the ??? situate in the State of Tamil Nadu; and
(b) the proportionate consideration or value or market value of such extent of property.
(3) The party liable to pay duty on the original instrument shall upon the receipt of notice from the registering officer, pay the difference in duty within the time allowed by such registering officer.
(4) Where deficiency in duty paid is noticed from the copy of any instrument, the Collector may suo motu or on a reference from any court or any registering officer, require the production of the original instrument before him within the period specified by him for the purpose of satisfying himself as to the adequacy of the duty paid thereon, and the instrument so produced before the Collector shall be deemed to have been produced or come before him in the performance of his functions and the provisions of section 47-A shall mutatis mutandis apply:
Provided that no action under this sub-section shall be taken after a period of four years from the date of registration of such instrument.
(5) In case the original instrument is not produced within the period sped-lied by the Collector, he may require the payment of deficit duty, if any together with penalty under section 40, on the copy of the instrument, within such time as may be prescribed".
3. Insertion of new section 63-A.- After section 63 of the principal Act, the following section shall be inserted namely:-
"63-A. Penalty jor failure to comply with provisions of section 19-B-Where the party fails to pay the difference of duty as required under sub-section (3) or sub-section (4), or any amount as required under sub-section (5), of section 19-B, he shall be punishable with ??? which may extend to five thousand rupees.".