INDIAN STAMP ACT, 1899 (MEGHALAYA AMENDMENT)

Section - 3A.

(1)     There shall be charged, levied and paid to the Government of Assam, Besides dues payable under any law for the time being in force including Section 3 of this Act, a surcharge, hereinafter referred o as Stamp Surcharge on the instrument mentioned in the following items of Schedule I to the principal Act, namely,--

Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50-51, 54-61 and 63-65 :

Provided that the surcharge shall not be payable in respect of instrument exempted by Section 3.

(2)     The rate of Stamp Surcharge shall be Twenty-five paise per instrument.

(3)     The Stamp Surcharge shall be payable as if it were a duty under Section 3 and the provisions of this Act including the Rules thereunder shall accordingly apply; and the authorities for the time being empowered to collect and enforce payment of Stamp duty shall, unless otherwise provided for by or under this Act, within their respective jurisdiction for purposes of stamp duty accordingly collect and enforce payment of stamp duty :

Provided that the Government of Assam may, for facilitating implementation, by notification in the official Gazette, direct that in any case or class of cases the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this Section and as may be specified in such notification.

(4)     Notwithstanding anything contained in sub-section (3), the Government of Assam may make Rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions of sub-sections (1) and (2) in particular for ensuring the proper maintenance and rendering of accounts of the Stamp Surcharge."]

MEGHALAYA

[1][After Section 3 The following shall be inserted as section 3A, namely :-

3A. Surcharge on Stamp Duty.--

(1)     There shall be charged, levied and paid to the Government of Meghalaya, besides payable under any law for the time being in force including section 3 of this Act, a surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following items of Schedule I to the principal Act, namely:-

Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31, 36, 38-46, 48, 50, 51, 54-61 and 63-65.

Provided that the surcharge shall not be payable in respect of instruments exempted by section 3.

(2)     The rate of Stamp Surcharge shall be twenty. Five paise per instrument.

(3)     The Stamp Surcharge shall by payable as if it were a duty under section 3 and the provisions of this Act including the rules thereunder shall according apply; and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of Stamp Surcharge.

Provided that the Government of Meghalaya may, for facilitating implementation, by notification, direct that in any case or class the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this section and as may be specified in such notification.

(4)     Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and rendering or accounts of the Stamp Surcharge."]

[2][After Section 3 The following shall be inserted as section 3A, namely:-

3A. "Surcharge on Stamp Duty.--

(1)     There shall be charged, levied and paid to the Government of Meghalaya, besides due payable under any law for the time being in force including section 3 of this Act, a Surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following items of Schedule I to this Act, namely:-

Item Nos. 1-10,12,15-20,22-26,28,29,31-36,38-46,48,50,51,54-61 and 63-65;

Provided that, the surcharge shall not be payable in respect of instruments, exempted by section 3.

(2)     The rate of Tamps Surcharge shall be twenty-five paise per instrument.

(3)     The Stamp Surcharge, shall be payable as if it were a duty under section 3 and the provisions of this Act, including the rules thereunder shall accordingly apply; and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of Stamp Surcharge:

Provided that the Government of Meghalaya may, for facilitating implementation, by notification, direct that in any case or class of cases the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of the section and as may be specified in such notification.

(4)     Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions of sub-sections (1) and (2) and in particular for ensuring the proper maintenance and rendering of accounts or the Stamp Surcharge."]

Section 10 - Duties how to be paid

(1)     Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps-

(a)      according to the provisions herein contained; or

(b)      when no such provision is applicable thereto-as the [3][State Government] may by rule direct.

(2)     The rules made under sub-section (1) may, among other matters, regulate,-

(a)      in the case of each kind of instrument-the description of stamps which may be used;

(b)      in the case of instruments stamped with impressed stamps-the number of stamps which may be used;

(c)      in the case of bills of exchange or promissory notes [4][***] the size of the paper on which they are written.

[STATE AMENDMENTS

MEGHALAYA

[5][After Section 10 The following new section shall be inserted as section 13A, namely:-

"10A. Notwithstanding anything contained in section 10 where:-

(a)      (i) The State Government, in relation to any area in the State; or

(ii) the Deputy Commissioner, in relation to any area in District under his charge, is satisfied that on account of temporary, shortage of stamps in any area, duty cannot be paid, and payment of duty cannot be indicated on instruments, by means of Stamps, the State Government, or as the case may be, the Deputy Commissioner may, by notification, in the Official Gazette, direct that in such area and for such period as maybe specified in such notification, the duty may be paid in cash in any Treasury or Sub-Treasury and shall on production of a challan evidencing payments of stamp duty in the Government treasury certify endorsement on the instrument in respect of which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the amount of the duty so paid.

(b)      An endorsement made on any instrument under clause (a) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment has been indicated on, such instrument by means of stamps, under section 10."]

Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped

When any bill of exchange [6][or promissory note] chargeable [7][with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill [8][or note], and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill [9][or note], shall, so far as respects the duty, be deemed good and valid :

Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill [10][or note].

[STATE AMENDMENTS

[MEGHALAYA

[11][After Section 47 The following new Section as Section 47A, shall be inserted, namely:-

47A. "Instruments under-valued how to be dealt with:-

(1)     If registering officer appointed under the Indian Registering Act, 1908, while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Deputy Commissioner, for determination of the value or consideration, as the case may be, and the proper duty payable thereon.

 

(2)     On receipt of the reference under sub-section (1), the Deputy Commissioner shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, by order, determine the value of the property or the consideration and the duty aforesaid; and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on payment of such duty, the Deputy Commissioner shall endorse a certificate of such payment on the instrument under his seal and signature.

 

(3)     The Deputy Commissioner may, suo motu, within six months from the date of registration of any instrument not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon, and if after such examination, he has reason to believe that the value of consideration has not been truly set forth in the instrument, she may determine the value or consideration and the duty aforesaid in accordance with procedure provided for in sub-section (2); and the deficient amount of duty if any, shall be payable by the person liable to pay the duty and, on the payment of such duty the Deputy Commissioner shall endorse a certificate of such payment on the instrument under his seal and signature.

 

(4)     Any person aggrieved by an order of the Deputy Commissioner under sub-section (2) or sub-section (3) may appeal to the Meghalaya Board of Revenue.

 

(5)     An appeal under sub-section (4) shall be filed within 90 (ninety) days of the date of the order sought to be appealed against."]