INDIAN STAMP (UTTAR PRADESH AMENDMENT) ACT,
1992
Preamble - INDIAN STAMP (UTTAR PRADESH
AMENDMENT) ACT, 1992
THE INDIAN STAMP
(UTTAR PRADESH AMENDMENT) ACT, 1992
[Act No. 11 of 1992]
[17th March, 1992]
PREAMBLE
An Act further to
amend the Indian Stamp Act, 1899 in its application to Uttar Pradesh.
It
is hereby enacted in the Forty-third Year of the Republic of India as
follows:--
Section 1 - Short title, extent and commencement
(1) This Act may be called the Indian Stamp (Uttar
Pradesh Amendment) Act, 1992.
(2) It shall extend to the whole of Uttar Pradesh.
(3) Sections 2 to 5 shall be deemed to have come into
force on November 1, 1991, and the remaining provisions shall come into force
atonce.
Section 2 - Amendment of section 2 of Act No. 2 of 1899
In
section 2 of the Indian Stamp Act, 1899, hereinafter referred to as the
principal Act, in clause (16), after sub-clause (d), the following clause shall
be inserted, namely:--
"(e)
any instrument by which mining lease is granted in respect of minor minerals as
defined in clause (e) of section 3 of the Mines and Minerals (Regulation and
Development) Act, 1957."
Section 3 - Amendment of section 10-A
In
section 10-A of the principal Act, for sub-section (1) the following
sub-section shall be substituted namely:--
"(1)
Notwithstanding anything contained in section 10--
(a) where the Collector is satisfied that there is
temporary shortage of stamps in the district or that stamps of required denominations
are not available, he may permit duty to be paid in cash and authorize the
officer-in-charge of the treasury on production of a challan evidencing payment
of duty in the Government treasury or sub-treasury, to certify by endorsement
on the instrument or instruments the amount of duty so paid in cash;
(b) where the State Government considers it expedient
so to do, it may, in any district, permit duty to be paid in cash and authorize
any officer, to receive payment of duty in cash and to certify by endorsement
by means of a Franking machine on the instrument or instruments the amount of
duty so paid in cash."
Section 4 - Amendment of section 47-A
In
section 47-A of 'he principal Act--
(a) in sub-section (1) for the words, "of
conveyance, exchange, gift, settlement, award or trust" the words "on
which duty is chargeable on the market value of the property" shall be
substituted;
(b) in sub-section (2) for the words "of
conveyance, exchange, gift, settlement, award or trust" where they occur
for the first time, the words "on which duty is chargeable on the market
value of the property" and for the said words where they occur for the
second time, the words "of such instrument" shall be substituted;
(c) in sub-section (3), for the words "of
conveyance, exchange, gift, settlement, award or trust," the words
"of the instrument" shall be substituted ',
(d) in sub-section (4) for the words, "of
conveyance, exchange, gift, settlement, award or trust," where they occur
for the first time, the words "on which duty is chargeable on the market
value of the property" and for the said words, where they occur for the
second time, the words "of such instrument" shall be substituted.
Section 5 - Amendment of Schedule I-B
In
Schedule I-B to the principal Act:--
(a) in Article 5, in clause (c), in the column relating
to the proper stamp duty, for the words "Six rupees" the words
"One hundred rupees" shall be substituted;
(b) in Article 15, in the column relating to proper
stamp duty, for the words set out in column 1 below, the words set out against
them in column 2 below shall be substituted, namely:--
|
Column--1
|
Column--2
|
|
One rupee
and fifty paise
|
.. Two
rupees.
|
|
Three
rupees
|
.. Four
rupees.
|
|
Five
rupees and fifty paise
|
.. Six
rupees and twenty-five paise.
|
|
Eleven
rupees
|
.. Twelve
rupees and fifty paise.
|
|
Sixteen
rupees and fifty paise
|
..
Eighteen rupees and seventy-five paise.
|
|
Twenty-two
rupees
|
Twenty-five
rupees.
|
|
Twenty-seven
rupees and fifty paise
|
..
Thirty-one rupees and twenty-five paise.
|
|
Thirty-three
rupees
|
..
Thirty-seven rupees and fifty paise.
|
|
Thirty-eight
rupees and fifty paise
|
..
Forty-three rupees and seventy-five paise.
|
|
Forty-four
rupees
|
.. Fifty
rupees.
|
|
Column--1
|
Column--2
|
|
Forty-nine
rupees and fifty paise
|
..
Fifty-six rupees and twenty-five paise.
|
|
Fifty-five
rupees
|
..
Sixty-two rupees and fifty paise.
|
|
Twenty-seven
rupees and fifty paise
|
..
Thirty-one rupees and twenty-five paise.
|
(c) in Article 25:--
(i) in clause (a), in the column relating to the
description of instrument, for the words "five rupees" the words
"fifty rupees" shall be substituted;
(ii) in clause (b), in the column relating to the proper
stamp duty, for the words "Five rupees" the words "fifty
rupees" shall be substituted
(d) in Article 35?
(i) in clause (a), in sub-clauses (ii), (iii), (iv),
(v), (vi) and (vii) in the column relating to proper stamp duty, for the
existing entries, the following entries shall be substituted, namely:--
|
in
sub-clause (ii)
|
"The
same duty as a conveyance (no. 23), for a consideration equal to three times
the amount or value of the average annual rent reserved."
|
|
in
sub-clause (iii)
|
"The
same duty as a conveyance (no. 23), for a consideration equal to four times
the amount or value of the average annual rent reserved."
|
|
in
sub-clause (iv)
|
"The
same duty as a conveyance (no. 23), for a consideration equal to five times
the amount or value of the average annual rent reserved."
|
|
in
sub-clause (v)
|
"The
same duty as a conveyance (no. 23) for a consideration equal to six times the
amount or value of the average annual rent reserved."
|
|
in
sub-clause (vi)
|
"The
same duty as a conveyance (no. 23), for a consideration equal to ten times
the amount or value of the average annual rent reserved."
|
|
in
sub-clause (vii)
|
"The
same duty as a conveyance (no. 23), for a consideration equal to one-third of
the whole amount of rent which would be paid or delivered in respect of the
first fifty years of the lease."
|
(ii) after explanation (3), the following explanation
shall be inserted, namely:--
"(4)
The aggregate amount at which tolls are let, whether payable in lump sum or
instalments, shall be deemed to be premium for the purposes of this
Article.";
(e) in Article 48, after clause (e), the following
clause shall be inserted, namely:--
|
"(ee)
When irrevocable authority is given to the attorney to sell immovable
property.
|
The same
duty as a conveyance (no. 23) on the market value of the property forming
subject of such authority".
|
Section 6 - Repeal and savings
(1) The Indian Stamp (Uttar Pradesh Amendment)
Ordinance, 1991 (U.P. Ordinance No. 40 of 1991) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the principal Act as amended by the Ordinance referred to in
sub-section (1), shall be deemed to have been done or taken under the corresponding
provisions of the principal Act as amended by this Act, as if the provisions of
this Act were in force at all material times.