• THE KERALA FINANCE ACT, 1 !)83 (Act 19 of 1983)
CONTE '\ITS
Prtamble
Sections :
l. Short title and commencement.
2 Amendment of Act 35 of 1958.
3. Amendment of Act 17 of 1959.
4. Amendment of Act 13 of 1961.
5 Amendment of Act 15 of 1963.
6. Amendment of Act 19 of 1976.
7. Amendment of Act 20 of 1978.
8. Amendment of Act 29 of 1978.
9. Repeal and saving.
I
•
1
•
93
THE KERALA FINANCE ACT, 1983 * (Act 19 of 1983)
An Acl to gwe effect to the fmancza! fJroposals nf the Government of Kerala jnr the jmanctal year 1983-84.
Preamble -WHJ:REA~ 1t IS expedient to give effect to the finanancia1 proposals of the Government of Kera1a for the financial ve.·r 1983-84 , BE It enacted m the Th1rtv-fourth Y car of the Republic of India as follows :- '
Short lttle a11d commencement.- (I) This Act may 'te called the Kerala Finance Act, 1983.
(2) Se,..uon 2, sect10n 4, clause (I) cf sectton Sand section 6 shall be deemed to have cvmc mto force on the 1st day of April, 1983 and the remainmg proviSions of this Act shall be deemed to have come into force on the 13th day of June, 1983
2 Amendment of Act 31 af 1958 -In the Kerala Money Lenders Act, 1958 (35 of 1958),-
(a) m the clause (7) of sectiOn 2, m Explanatwll I!, for the word, figures and letter ''section 16.'\", the word, figures and letter "srction l6B"
shall be subst1tuted ,
~b) in section 4, for sub-sect1on (2), the fol)owmg sub-secllcns shall be substituted, namely :-
" (2) Every licence shall be granted m such form as may be prescribed and shall be subject to the followmg cond1tions and to such other condJtiom as may be pn.scrJbcd, namely -
(i) payment of a licence fcc of one thousand rupees ;
(ii) payment of secunty as provided m sub-section (2A). (2A) Every licensee spec1fied m column ( 1) <>f the Table below shall, within such t1mc and Jn such manner as may be prcscnbcd, deposit in the Government Treasury m respect of each hcence held by him, the amount specified m the con cspondmg entry in column (2) of the said Table, by way of secunty for the due ob~et vance' of the eonditwns of the licence. Explanatlorz.-For the removal of doubts, it is hereby declared that a money lender who has a branch or branches in the State of Kerala of his prinCipdl place < f busmcss sttua te outside the State ~ball be liable to deposit the sccunty under this sub-scctton m rc>pcct of the branch or each of the branches, as the case may be
* ReceiVed the assent of the Pres1dent on the 6th day of November, 1983 and pubhshed m the Kerala Gazette E):traordinary No 1362 dated the 11th November 1983.
2
----------- ----- ------
TABLE
(l)
I . A hcensec who lends less th::tn one lakh rupees m an year
2. A licensee who lends one lakh rupees or above but less than five lakh rupees 111 an year
3. A hccnsee who lends five lakh rupees or above but less than ten Iakh rupees m an year
4. A lict>nsee who lends ten lakh rupees or above in an year
(2)
Five thousand rupees Ten thousand rupees Twenty-five thousand rupees Fifty thousand rupees (2B) Fo1· the purpo~rs of sub-section (2A), the <'mount lent by a licensee for the year for which the ~ecU11ty IS to be paid shall be deemed to 'be the aggregate amount lent by lnm dunng the previous year :
Provided that in the case of a nt
(c) S( ct on 16A shall be relettered a~ section 16B and-
(t) in section 16B as so Ielettercd, in sub-section (1), after the word and figurr~ "section 14", the wm ds, b1 acket~, ligures and letter "or sub- sectton ( l) 0f section l6A" shall be inserted ;
(11) before section 16B as so relettered, the tollowmg section shall be inserted, namely :-
" 16A. Frnfeztuie of secunty.- (I) The Iiccnsmg ,mthonty may, at any time, by order m wntmg, forfc1t to the Government the whole 01 any portion of the sccunty furnished under sub-section (2A) of section 4 ' (a) if the licensee carries on the business of money lendmg in contraventiOn of ,my of the provisions ol th1s Act or the rules made there- under 01 the cond 1tiuns of the hcence , or ·
(b) If the hcensec is convicted of an offence under section on section I I 01 section 13, or 4
(c) if the IJcensec main tams false accounts. (!!) Before forfeiting to the GovLrnmcnt the whole or any portiOn of the sccunty under sub-section (I), the hcensmg authority shall gtve the licemec a rotice m wntmg ~tating the grounds on which 1t is propo•ed to take action and reqUinng him to show cause dgainst 1t withm such t1me as may be specified 1 n the notice.
(3) Every ord( 1' of the hcensing authority under this section shall he commum
3
•
95
3. Amendment oj Act 17 o) 1951.-In the Schedule to the Kerala Stamp Act, 1959 ( !7 of 1959). for Sen a! Number 48 and the entncs relatmg thereto, the following shall be sub~t1tuted, namely :--
'148. Release, that ~~ to say,
any instrument (not
bemg such a release
as Is provided for by
section 24) whereby' a
person renounces a
claim upon another
person or against any
specified property-
(a) when such release operates m favour of his or her spouse or children,-
(•) if the amount or
value of the cla1m docs not exceed Rs. I 000.
(u) if the amount or value of the claim c.xceeds Rs. 1000
(b) in any other case
,
The ~a me duty as a Bottomry Bond (No. 11) for ~uch amount or value as ~et forth m the relense
Thirty rupees
The ~ame duty a-; a conveyance (No. 21 or 22 as the case may be) for such amount or value as set forth in the release ".
4. Amendment of Act 13 of 1961.-In section 6 of the Kcrala Land Tax Act, 1961 (13 of 1961),-
(a) to sub-section (1), the following provisos shall be added, namely:-
"Provided that t1~e rate of bas1c tax for cve1 y financial year commcncmg w1th the financial year 1983-84 shall, subJect to the provisions of sub-section
(2) and section 7, be twenty rupPes per hectare per annum · Provided fUJ thcr that the preceding provi~o •hall not applv m respect of lands held by a hndholder if the aggregate extent of land held by him m the State is less than one hectare.";
(b) in sub-section (2),-
(1) in the opening paragraph, afte1 the words "twentyfour rupee, and seventy paise", the words ''or, as the case may be, one hundred rupees"
shall be mserted ,
(u) in the first ptoviso, after the words "four rupees and mnety- four paise ' the words "01, as the case may be, twenty rupees" shall be inserted ;
(iit) in the second proviso,-
4
96
(A) afLer the words "four rupee~ anJ ninLty-four pa•~e", tne words
"or, as the case may be, twenty rupees", shall be mserted ;
(B) after the words "twenty-four rupees and seventy paise", the words
"or, as the case may be, one hundred rupees" shall be inserted
5. Amendment of Act 15 vf 1963.-In the Kerala General Sales Tax Act, 1963 (15 of 1963),-
(1) m section 14,--
(a) in ~ub-section (I), for the words "ten 1Upecs", tlte words "fifty rupees" shall be substituted ;
(b) m sub-~ecuon (3), for the words "hve rupees", the words
"twenty-five rupees" ~hall be subst itutt'd ;
(2) m the F1nt Schedule,-
(a) m the entry m column (2) <1ga111St Senal Number 21, the words
"or French Coffee" shall be inserted at the l'nd ,
(b) afte1 se11al Number 21 and the entrJeS relating thereto, the followmg 1.hall be msertcd, namely .-
''2\A French Coffee (admi-
xture of co!fcc ami ch•cmy)
E-.:pla11atzon.-Where a tax
has been levied in •·espect of coffee
seeds or coffee powde1 or ch1cory,
the tax leviable on French Coffee
produced out of sulh coffee seeds or
powder or chicory shall be reduced
by the amount of tax levied on such
coffee seeds or powder or chtcory,
as the case may be." ,
At the pomt 01. hrat sale
111 the State by a dcelet
who 1S hable to tax under
sectiOn 5 6
(c) (1) in the entry in column (2) against Senal Number 33, for the words "sauces and bev<.-rages, bottled or canned and sold under brand name", the words "sauces, aerated water~ and beverage~, bottled or canned"
shall be substituted ;
( u) m the Explanatwn under Serial Number 33 and the entries relating thereto, the' words and figure~ "or it<>m 34" shall be omitted ;
(d) Ser1al Numbet 34 and th·· entries rclatmg thereto shall be omttted ; ,
(e) m column (4) against Serial Number 35A, for the figure~ "15", the figure> "35" shall be sub•t1tuted;
(f) in column (2) against Scria! Numbet 42, for the words "and synthctlc polyester fibre", the words "s~ nthet•c polyester fibre and staple fibre yarn" shall be substituted ;
• (~) Serial Number 43 and the entries relating thereto shall be omitted ;
(h) for Serial Numbers 72 and 72A and the entries relating thereto, the following shall be substituted, namely :-
"72 Paints, colours, lacquers At the point of first sale varnishes, pigments, in the State by a dealer p--lishes, indigo, enamel, who is liable to tax under putty, bale oil, white oil, section 5 10 turpentine oil and
thb, n<'rs
72A. Abrasives
brushes
and paint do. 7'"· •
(i) for Serial ~umber 102 and the entries relating thereto, the following shall be substituted, namely :-
"102. Cement, excluding white cement
102A. White cement
At the Point of first sale in the State by a dealer who is liable to tax under section 5 10 do. 15";
(j) in column (4) against Serial Number 137, for the figure "7", the figures '' 1 0" shall be su bsti 1 uted ;
(k) in column (4) against Serial Number 162, for the figur"e ••2", the figure "5" shall be substituted.
6. Amendment of Ar.t 19 oj 1976.-In the K' rala Mot ·r Vehicles Taxation Act, 19 76 ( 19 of 1976), for section 25, the following section shall be substituted, namely :-
"25. Surcharge and addttional surcharge otz tax.-The amount of the tax leviable under sub-section (I) of section 3 shall,- '
I
• (a) in the case of ar.y mot•)r vel.icle, be incr~ased by a 11urcharge at the rate of ten per cent of the tax so leviable ;
(b) in the case of aLy moror ve!.icle referred to in sub·item: (iii) ot item 4 of the Schedule, the registered owner of which is a fteet owner, be increased by an additional surcharge at the rate of forty per cent of the tax se leviable,
and the provisions of this Act shall, so far as may be, apply in relation to such surcharge and additional surcharge as they apply m relation to the taX leviable under sub-section (1) ofsectioa 3".
7. Amendmmt of Act 20 of 1978.-ln section 2 of the Kerala Additional Sales Tax Act, 1978 (20 of 1978), in sub-section (1), for the words ''ten peT cent", the words "fifteen per cc:nt" shall be substituted. 25/2210/B
•
6
98
.
8. Amendment of Act 29 of 19713.-Aftcr section 5 of the :produce (F1:xation of Selling Price), Act, 1978 (29 of 1978), section shall be inserted, namely :- •
Kerc~1a Forest
the following
"5A.. Addztional przce to be paid by wdustrzal establlshmmts -(I) Any industrial_e~tal>lishment which purchases bamboos, reeds or eucalyptus from the·Gover.nriient as raw JDaterials, in pursuance of a contract executed by it with 1the Gover'nment, shc.ll pay in addition to t~e price payable by it for • such bamboos, reeds or eucalyptus, an additional price at the rate of twenty· five rupees per tonne of such bamboos, reeds or eucalyptus.
(2) The 'lmount obtained by the imp.>sition of the additiOnal price under sub-section (1) shall, subject to such rules as may be made by the Govet·nment in this behalf, be set apart for being utilised for the regeneration ·of bamboos, reeds and eucalyptus.".
9. Repeal and savmg.-(1) The k.t:rala. Fmance Ordinance, 1983 (20 of 1983), is hereby repealed •
• , (2) No;w1thst~·nding such repeal, anything done or any action taken under each of the Acts specified in sections 3 to 9 of th<" ~aid Ordmance, as amended by that Ordinance, shall be deemed to have been done or taken
• under that Act as amended by th1s Act . ... _ " ' ' ' 0
, . ~
'.
> - - " • •
. - ' .
• ' 1 I .. ~ --
I