Indian Stamp (Tamil Nadu Amendment) Act, 1998*
| [Tamil Nadu Act No. 1 of 2000] | [10th February, 2000] |
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-ninth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 4th February, 2000 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 101, dated February 10, 2000.
1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp (Tamil Nadu Amendment) Act, 1998.
(2) It extends to the whole of the State of Tamil Nadu:
(3) It shall come in to force on such date as the State Government may, by notification, appoint.
2. Amendment of section 2.- In section 2 of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act),-
(1) after clause (6), the following clause shall be inserted, namely:-
"(6-A) "Chennai Metropolitan Planning Area" means the area as defined in clause (23-A) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);"
(2) after clause (25), the following clause shall be added, namely:-
"(26) ‘Urban agglomeration’ means the area as defined in clause (n) of section 3 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978)."
3. Amendment of section 47-A.- In section 47-A of the principal Act,-
(1) In sub-section (3), for the expression "The Collector may, suo motu, within two years", the expression "The Collector may, suo motu or otherwise, within five years", shall be substituted;
(2) for sub-sections (4) and (5), including the Explanation thereto, the following sub-sections shall be substituted, namely:-
"(4) Every person liable to pay the difference in the amount of duty under, sub-section (2) of sub-section (3) shall, pay such duty within such period as may be preserved. In default of such payment, such amount of duty outstanding on the date of default shall be a charge on the property affected in such instrument. On any amount remaining unpaid after the date specified for its payment, the person liable to pay the duty shall pay, in addition to the amount due, interest at two percent per month on such amount for the entire period of default.
(5) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to such authority as may be prescribed in this behalf. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act.
(6) The Chief Controlling Revenue Authority may, suo motu, call for and examine an order passed under sub-section (2) or sub-section (3) and if such order is prejudicial to the interests of revenue, he may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order and may pass such order thereon as he thinks fit.
(7) The Chief Controlling Revenue Authority shall not initiate proceedings against any order passed under sub-section (2) or sub-section (3) if.
(a) the time for appeal against that order has not expired; or
(b) more than live years have expired after the passing of such order.
(8) No order under sub-section (6) adversely affecting a person shall be passed unless that person has had a reasonable opportunity of being heard.
(9) In computing the ??? referred to in clause (b) of sub-section (7), the time during which the proceedings before the Chief Controlling Revenue Authority remained stayed under the order of a Court shall be excluded.
(10) Any person aggrieved by an order of the authority prescribed under sub-section (5) or the Chief Controlling Revenue Authority under sub-section (6) may, with in such time and in such manner, as may be prescribed by rules made under this Act, appeal to the High Court.
Explanation.-For the purpose of this Act, market value of any property shall be estimated to be the price which, in the opinion of the Collector or the Chief Controlling Revenue Authority or the High Court, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange, gift, release of benami right or settlement."
4. Amendment of Schedule 1.- In Schedule I to the principal Act,-
(1) in Article 23,-
(A) for clause (a), the following clause shall be substituted, namely-
| (a) of immovable property situated within the Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunclveli. | Eight rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of conveyance. |
(B) In the Explanation, in clause (a) for the expression "Cities of Madras and Madurai and Municipal towns of Coimbatore Salem and Tiruchirapalli", the expression "Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli" shall he substituted:
(2) In Article 35 in clause (a), for sub-clauses (vi) to (viii), the following sub-clauses shall be substituted, namely:-
| (vi) where the lease purports to be for a term exceeding thirty years but not exceeding fifty years: | The same duty as a conveyance (No. 23) for a market value equal to fifty per cent of the market value of the property which is the subject matter of lease. |
| (vii) Where the lease purports to be for a term exceeding fifty years but not exceeding one hundred years; | The same duty as a conveyance (No. 23) for a market value equal to seventy five per cent of the market value of the property which is the subject matter of lease. |
| (viii) where the lease purports to be for a term exceeding one hundred years: | The same duty as a conveyance (No. 23) for a market value equal to the market value of the property within is the subject matter of lease. |
| (ix) where the lease does not purport to be for any definite term; | The same duty as a conveyance (No. 23) for a market value equal to the market value of the property which is the subject matter of lease." |
(3) in Article 46, for clause B, the following clause shall be substituted, namely:-
"B. Dissolution of-
| (i) When, such dissolution involves partition of, immovable properties of a firm among the partners, who are not family members. | (a) Thirteen rupees for every Rs. 100 or part thereof of the market value of the immovable property dealt with ??? deed of dissolution, when such ??? is situated within the ??? Chennai Metropolitan Planning Area and the ??? agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli. |
| (b) Twelve rupees for every Rs. 100/- or part thereof of the market value value of the immovable property death with in such deed of dissolution when such property is situated in other areas. | |
| (ii) When such dissolution involves partition of immovable properties of the firm among the partners who are family members or when such dissolution involves partition of movable proper | Three rupees for every Rs. 100 or part/thereof the value of the separated share. |
Explanation:-the purpose of this Article, the word "family" shall have the same meaning as denied in the explanation to Article 58.
| (iii) in any other case. | One hundred rupees." |
(4) in Article 54, in clause (b) for sub-clause (i). The following sub-clause shall be substituted, namely:-
| "(i) if the reconveyance relates to immovable property situated within the Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli. | Eighty rupees." |
(5) in Article 55,-
(a) in clause A, for the expression "release of benami right", the expression "release referred to in clauses B, C and D of this Article" shall be substituted;
(b) in clause B, for sub-clause (a), the following sub-clause shall be substituted, namely:-
| "(a) of immovable property situated within the Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli. | Thirteen rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of release." |
(c) after clause B, the following clauses shall be added, namely:-
"C. RELEASE OF RIGHT
IN FAVOUR OF CO-OWNER, that is to say, any instrument whereby a co-owner of a property renounces his claim in favour of another co-owner, on any specified property over which they have common right:-
| (i) if it relates to immovable property situated within the Chennai Metropolitan Planning Area or the Urban agglomeration of Madurai, Coimbatore Salem and Tiruchirappalli and the City of Tiruneveli. | Thirteen rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of release. |
| (ii) if it relates to immovable property situated in any other area. | Twelve rupees for every Rs. 100/- or part thereof of the market value of the property which is the subject matter of releases. |
| (iii) if it relates to any other property. | Seven rupees for every Rs. 100/- or part thereof of the market value of the property which is the subject matter of release. |
D. RELEASE OF RIGHT IN FAVOUR OF PARTNER.
| (i) A release of right by a partner or partners in favour of other partners relinquishing his or their rights over the immovable property when the release is between family members, who constitue the partnership or when the property is movable property. | Three rupees for every Rs. 100/- or part thereof of the market value of the immovable property which is the subject matter of release. |
| (ii) When sue a release is between partners who are not family members. | (a) Rupees thirteen for every Rs. 100/- or part thereof of the market value of the immovable property which is the subject matter of release when such property is situated within the Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli. |
| (b) Twelve rupees for every Rs. 100/- or part thereof of the market value of the immovable property which is the subject matter of release, when such property is situated in other areas. |
EXPLANATION.-For the purpose of this Article, the word "family" shall have the same meaning as defined in the Explanation to Article 58.";
(6) in Article 58, in clause (a), in sub-clause (ii), for item (A), the following item shall be substituted, namely:-
| "(A) of immovable property situated within the Chennai Metropolitan Planning Area and the Urban agglomeration of Madurai, Coimbatore Salem and Tiruchirappalli and the City of Tirunelveli. | Thirteen rupees for every Rs. 100/- or part thereof of the market value of the property which is the subject matter of settlement." |
5. Disposal of pending appeals.- All appeals preferred under sub-section (4) of section 47-A, of the principal Act and pending before the appellate authorities specified in sub-section (5) of that section, immediately before the date of commencement of this Act, shall be heard and disposed of by such appellate authorities concerned, as if this Act had not been passed.