In exercise of the powers conferred by section 74
of the Jammu and Kashmir Stamp Act, Samvat, 1976 (Act No. XL of Svt. 1977), the
Lieutenant Governor hereby makes the following rules ; namely: CHAPTER I DEFINITIONS (1) These rules may be
called "The Jammu and Kashmir Stamps (Payment of Duty by Means of
e-Stamping) Rules, 2020. (2) They shall come into
force from the date of publication in the official Gazette. (1) In these rules unless
the context otherwise requires, (a) "Act" means
the Jammu and Kashmir Stamp Act, 1977 (1920 A. D.) ; (b) "Agreement"
means the agreement executed under Rule 6 ; (c) "Appointing
Authority" means the Commissioner of Stamps appointed under clause (9-a)
of section 2 of the Jammu and Kashmir Stamps Act, 1977; (d) "Approved
Intermediary"/"Authorized Collection Centre"/"Authorized
Stamping Centre" shall mean and include an agent appointed by the Central
Record Keeping Agency, with approval of the Commissioner of Stamps or Licensed
Stamp vendor holding a valid License on the date of issuance of this
notification to act as an intermediary between the Central Record Keeping
Agency, and the Stamp duty payer for collection of Stamp duty ; and for issuing
"e" stamp certificate ; (e) "Central Record
Keeping Agency" means and includes an Agency for computerization of stamp
duty administration system appointed under rule-4 ; (f) "Department"
means the Department of Stamps of the Government of Jammu and Kashmir ; (g) "Depository
Services" means and includes depository related services rendered in the
de-mat account, trading account in respect of marketable securities, and other
auxiliary services ; (h) "e-stamps"
means an electronically generated impression on paper to denote the payment of
Stamp duty by Central Record Keeping Agency ; (i) "Government"
means the Government of Jammu and Kashmir ; (j) "Grievance
Redressal Officer" means and includes the Deputy Commissioner of Stamps ; (k) "Union Territory"
means the Union Territory of Jammu and Kashmir; and (l) "Stamp
Duty" means the duty payable under the Act. (2) Words used but not
defined in these rules shall have the same meaning as assigned to them in the
Jammu and Kashmir Stamp Act, 1977 (1920 A. D.) and the Indian Registration Act,
1908 and the rules framed there under. CHAPTER II CENTRAL RECORD
KEEPING AGENCY Any
Public Financial Institution, Scheduled Bank, Body Corporate engaged in
providing depository services appointed by Central Government or recognized by
State/Union Territory Government or any Body Corporate where not less than 51
per cent of equity capital is held by any of the entities mentioned above
either solely or in consortium shall be eligible for appointment as Central
Record Keeping Agency. The
Appointing Authority shall appoint by notification an agency to function as
Central Record Keeping Agency for the Union Territory or for the specified
districts or place(s) in the Union Territory from time to time, by adopting any
of the following orders of preference namely: (a) On the basis of
recommendations, if any, of the Central Government regarding appointment of Central
Record Keeping Agency, issued from time to time ; and (b) in case such
recommendation is not available, by inviting technical and commercial bids
through a duly constituted expert selection committee, by the Appointing
Authority. The
term of appointment of the Central Record Keeping Agency may be for five years
or such period as may be decided by the Appointing Authority. (1) The Central Record
Keeping Agency shall execute an Agreement in Form-1 appended to these Rules. (2) The terms and
conditions of the Agreement in "Form-1" may be modified by mutual
consent of both the parties to it. (3) The Central Record
Keeping Agency shall execute an "Undertaking and Indemnity Bond" in
FORM-2. (1) The appointment of
the Central Record Keeping Agency may be terminated by the Appointing Authority
before the agreed term of appointment, on the ground(s) of any breach of
obligations or terms of agreement or financial irregularity or for any other
sufficient reason as the case may be. (2) The decision to
terminate the appointment under sub-rule (1) shall be made, (a) after the Central
Record Keeping Agency has been given three months' notice specifying the
details of grounds for such termination ; and (b) the Central Record
Keeping Agency has been given a reasonable opportunity of being heard. (3) The appointing
authority, if it is of the opinion that the provisions of the Act, and rules
framed have been violated, after following the procedure under the sub-rule
(2), may also impose a penalty in accordance with the provisions of Chapter IX
of these rules. (1) The application for
renewal of appointment shall be made to the Appointing Authority by the Central
Record Keeping Agency well in time before the expiry of the running term of
appointment. (2) The appointing
Authority before making any inquiry or taking decision on the application for
renewal may call for any information or record from the concerned offices of
Central Record Keeping Agency or Authorized Collection Centre for the purpose
of renewal of appointment. (3) The Appointing
Authority, if satisfied may renew the appointment and a fresh agreement and
undertaking-cum-Indemnity Bond shall be executed as per rule 6. (4) The appointing
authority, if satisfied may renew the term of appointment, made under rule 5. (5) In the event of, the
appointing authority decides to renew the appointment, a fresh statement in
Form 1 and "Undertaking and Indemnity Bond" in "Form 2"
shall be executed by the Central Record Keeping Agency. (6) The appointing
authority may refuse the renewal of term of appointment. CHAPTER III DUTIES OF THE
CENTRAL RECORD KEEPING AGENCY Agency
shall be responsible for, (a) providing software
infrastructure, in consultation with the appointing authority (including its
connectivity with the main server), in specified districts or places such as
the offices of Sub-Registrar, District Registrars/Deputy Commissioners of
Stamps, Authorized Collection Centre (the point or contact for payment of
stamps duty) and at other places in the Union Territory, as specified from time
to time by the Appointing Authority ; (b) providing training to
the identified manpower/personnel of the department of Stamps and courts of
Sub-Registrar/District Registrars ; (c) facilitating
selection of Authorized Collection Centres for collection of Stamp duty and
issuing e-stamping certificate ; (d) coordination between
the Central Server/Authorized Collection Centres (banks, etc.) and the officers
of the Sub-Registrar, District Registrar, Deputy Commissioner of Stamps, or any
other office or place in the Union Territory, as may be specified from time to
time, by the Appointing Authority ; (e) collecting Stamp duty
and remitting it to the prescribed Head of Account of the Union Territory in
accordance with these rules ; (f) preparing and
providing various reports as required under these rules and as may be directed
by the Appointing Authority from time to time. (1) The Central Record
Keeping Agency will be entitled to such agreed percentage of
discount/commission on the amount of Stamp duty collected by Approved Intermediaries/Authorized
Collection Centre, not exceeding 0.65 per cent as may be specified in the terms
of the agreement. (2) The appointing
authority may allow the discount/commission payable to Central Record Keeping
Agency, and the same shall be exclusive of all the applicable taxes. The
Central Record Keeping Agency, in consultation with the Appointing Authority,
shall design ; use such software, to indicate the following minimum details on
the e- stamping certificate, and also for other requirements ; namely: (a) distinguished serial
number/Unique Identification number of the e-stamp certificate so that it is
not repeated or any other e-stamp certificate during the lifetime of the e-stamping
system. (b) date and time of
issue of the e-stamp certificate. (c) amount of Stamp duty
paid through the e-stamp certificate, in words and figures. (d) name and address of
the purchaser/authorized person of the e-stamp certificate. (e) name of the parties
to the instruments. (f) brief description of
the instrument on which the stamp duty is intended to be paid. (g) brief description of
the property which is subject matter of the instrument. (h) user-id of the
official issuing e-stamp certificate. (i) code and location of
the e-stamp certificate issuing branch of the Central Record Keeping Agency or
Authorized Collection Centre/Approved Intermediary. (j) any other
distinguishing mark of the e-stamp certificate e. g. bars code/security code. (k) space for signature
and seal of the e-stamp certificate issuing officer/authorized signatory of the
Central Record Keeping Agency or Authorized Collection Centre/Approved
Intermediary. (l) availability of
facility in the Sub-Registrar/District Registrar to disable/lock the e-stamp
certificate, to prevent the repeated use of any e-stamp certificate. (m) facility to cancel
the spoiled/unused or not required for use e-stamp certificate. (n) providing for
passwords and codes to the designated/authorized officials of the department to
search and view any e-stamp certificate and to access Management Information
System and Decision Support System reports. (o) availability of
different transaction details and reports relating to e-stamping, as mentioned
in rule 44 on the website of the Central Record Keeping Agency which will be
accessible to the officers designated/authorized by the Appointing Authority. (p) availability of
details of the issued e-stamp certificate on the e-stamping server maintained
by the Central Record Keeping Agency. CHAPTER IV AUTHORIZED
COLLECTION CENTRES (ACCS) The
Central Record Keeping Agency shall appoint Authorized Collection
Centres/Approved Intermediaries/Authorized Stamping Centre, with the prior
approval of the Appointing Authority, to act as an intermediary between the
Central Record Keeping Agency and the Stamp duty payer for collection of stamp
duty and for issuing e-stamp certificate. Any
Scheduled Bank, Financial Institution or undertaking controlled by Central or
Union Territory Government, Post Offices or such other agencies, Stamp Vendors
as approved by the Appointing Authority shall be eligible for appointment as
Authorized Collection Centre/Approved Intermediary/Authorized Stamping Centre. All
the Offices/Branches of the Central Record Keeping Agency or Authorized
Collection Centres authorized in this behalf by the Appointing Authority, shall
be entitled to collect the amount of Stamp duty from the Stamp duty payer. Approved
Intermediaries/Authorized Collection Centers shall be equipped with the
required computer systems, printers, internet connectivity and other related
infrastructure which are necessary to implement the e-stamping system as
specified by the Central Record Keeping Agency from time to time in
consultation with the Appointing Authority. The
cost of providing equipment and infrastructure referred to in rule 15 shall be
borne by the concerned Approved Intermediaries/Authorized Collection
Centres/Central Record Keeping Agency, as the case may be. The
Government may provide available necessary hardware and infrastructure at the
offices of the Commissioner of Stamps, Sub-Registrar/District Registrar/Deputy
Commissioner of Stamps or such other offices, authorized in this behalf, which
would include a Computer, printer, bar code scanner, internet connection as
required for implementing the e-Stamping system. The
appointing authority may at any time, for reasons to be recorded in writing,
advise the Central Record Keeping Agency to terminate the agency of any
authorized Collection Centre and the Central Record Keeping Agency will be
bound to follow such advice. CHAPTER V REMITTANCE OF THE
STAMP DUTY TO GOVERNMENT ACCOUNT (1) The Central Record
Keeping Agency shall be responsible to remit the consolidated amount of Stamp
Duty collected from its offices/branches and by its Authorized Collection
Centres to head or account Stamps or any other notified head of account of the
Union Territory, in the manner prescribed (i) In case of Stamp
duty, collected by way of cash/Real Time Gross Settlement/Electronic Clearance
System or any other mode of electronic transfer of funds, the Central Record
Keeping Agency shall remit the consolidated amount of stamp duty (less, the
prescribed discount/commission) to the prescribed head of account of the Union
Territory, not later than the closing of the next working day, after the
generation of stamp duty. (ii) In case of Stamp
duty, collected by way of pay order/Demand Draft, the Central Record Keeping
Agency shall remit the consolidated amount of stamp duty (less, the prescribed
discount/commission) to the prescribed head of account of the Union Territory,
not later than the closing of the second working day, after the generation of
stamp duty. (2) The method of
remittance of the amount of Stamp duty by the Central Record Keeping Agency to
the prescribed head account of the Union Territory will be through electronic
clearing system, challan or otherwise as may be directed in writing by the
Appointing Authority from time to time. (3) The remittances
referred to in this rule shall be made to the Government authorized Treasury
Banks and the Central Record Keeping Agency shall maintain the daily account of
such remittances in the Register as prescribed in "Form 6". CHAPTER VI PROCEDURE FOR ISSUE
OF E STAMP CERTIFICATE (1) Any person paying
Stamp duty may approach any of the Approved Intermediaries/Authorized
Collection Centres and furnish the requisite details in FORM-3 along with the
payment of Stamp Duty amount, for getting the e-stamp certificate. (2) Payment of stamp duty
can also be made by using the online platform of Central Record Keeping Agency. (1) The payment for
purchase of e-stamp certificate may be made by means of cash, pay order, Bank
drafts, Electronic Clearing System, Real Time Gross Settlement or by any other
mode of transferring funds as authorized by the Appointing Authority. (2) The Authorized
Collection Centre shall issue e-stamp certificate for the amount received
through any of the modes of payments mentioned in sub-rule (1). (3) The Authorized
Collection Centre/Central Record Keeping Agency shall keep a daily account of
e-stamp certificates issued in a Register to be maintained by them as
prescribed in FORM-5. (1) The Authorized
official of the Approved Intermediary shall, on the payment made under rule 21,
enter the requisite information and details as provided by the applicant in the
application "Form-3" in the computer system, get the correctness of
such entered details verified by the applicant, take his signature on the
application as proof of verification, download the e-stamp certificate (in
Annexure-A1), take out its print, sign it with date and affix his official seal
on the print-out and issue the e-stamp certificate to the applicant. (2) The ink to be used in
the e-stamp certificate printer must be non-washable permanent black. (1) The e-stamp
certificate shall bear signature and seal of Approved Intermediary only which
shall be in black ink. (2) The e-stamp certificate
shall be printed on 80 GSM quality papers of A4 size with approximate margins
as may be determined by the Appointing Authority. (3) The Approved
Intermediary/Authorized Collection Centre shall ensure that the person who has
been authorized to issue e-stamps certificate, is a regular full time employee
of the Approved Intermediary/Authorized Collection Centre, having suitable
credentials. The
details of the issued e-stamps certificate shall be made available on the
e-stamping server maintained by the Central Record Keeping Agency and shall be
accessible to any person authorized by the Appointing Authority in this behalf,
including the Sub-Registrar, District Registrar, Deputy Commissioner of Stamps
holding a valid code or password which shall be provided by the Central Record
Keeping Agency. If
for any reason a person, who has an e-stamp certificate of certain denomination
issued for a document, needs to pay an additional stamp duty on the same
document, he may make an application in the prescribed format (Form-3) along
with the payment of such required amount of additional stamp duty to the
Approved Intermediary/Authorized Collection center in accordance with the
provisions of the Act. (1) The Approved
Intermediary shall issue e-stamp certificate for such additional stamp duty on
separate sheet of paper in the same way as laid down in rules 21 to 24. (2) The party to an
instrument may, at its discretion, use impressed stamp(s) together with the
e-stamp certificate to pay stamp duty chargeable on such instrument under the
Act. The use of one type of stamp shall not exclude the use of other type of
stamp in the same instrument. (1) Every instrument
written upon paper stamped with an e-stamp certificate shall be written in such
manner that the e-stamp certificate may appear on the face of the instrument,
and a portion of the instrument written below the e-stamp certificate, so that
the e-stamp certificate cannot be used for or applied to any other instrument. (2) No second instrument
chargeable with duty shall be written upon or using the e-stamp certificate,
upon which or using the same, an instrument chargeable with duty has already
been written. (3) Every instrument
written in contravention of sub-rules (1) and (2) shall be deemed to be
unstamped. The
distinguished Unique Identification number of the e-stamp certificate shall be
written or type at the top centre of each page of the instrument. The
Sub-Registrar, District Registrar shall verify the details of the e-stamp
certificate used in an instrument by entering its distinguishing Unique
Identification number in the computer system by accessing the relevant website
of the Central Record Keeping Agency by using the code/password provided by the
Central Record Keeping Agency and verify the details of the certificate with
the details displayed on the system. After
verifying the details, the Sub-Registrar, District Registrar shall disable or
lock the distinguishing Unique Identification Number of the e-stamp certificate
to prevent repeated use of such e-stamp certificate. CHAPTER VII CANCELLATION AND
REFUND OF E STAMPS The
Government/Commissioner of Stamps or Deputy Commissioner of Stamps may, on an
application in the prescribed format (Form-4) refund the e-stamp certificates
which are spoiled or misused, unused or not required for use, if satisfied as
to the facts and circumstances of the case, and shall make allowance for such a
e-stamp certificates in accordance with the provisions of section 49 to section
55 contained in Chapter V of the Act. (1) The Deputy
Commissioner of Stamps after such verification shall cancel the verified
e-stamps certificate and endorse the fact of cancellation on the e-stamps
certificate with his signature and seal and refund the amount as required in
the said Act and disable or lock such e-stamps certificates. (2) The Deputy
Commissioner of Stamps shall maintain a record of such cancelled e-stamps
certificates in his office and send the details of the same to the Commissioner
of Stamps, in the first week of every month. (3) The refund, if any,
under sub-rule (1) shall be made by the Deputy Commissioner of Stamps only by
means of refund order encashable at a treasury. CHAPTER VIII INSPECTIONS, AUDIT
AND APPRAISAL OF THE PERFORMANCE OF THE SYSTEM (1) The Deputy
Commissioner of Stamps or any authorized officer of the department and any
private or public sector technical-cum-audit expert/agency duly authorized by
the Commissioner of Stamps in this behalf may inspect all or any of the
branches/offices of the Central Record Keeping Agency and Approved
Intermediaries/Authorized collection centre located within its jurisdiction as
prescribed in the "Schedule of Inspections" in
"Annexure-I". (2) The Commissioner of
Stamps may, however, at any time on receipt of a complaint or suo moto, direct
any official of the department to inspect any branch/office of the Central
Record Keeping Agency or Approved Intermediaries/Authorized Collection centres
and to submit report, besides the regular Inspections mentioned in sub-rule
(1). (3) The Accountant
General Jammu and Kashmir may also conduct annual audit of the receipt and
remittances made by the Central Record Keeping Agency. All
or any of the branches/offices of the Central Record Keeping Agency and
Approved Intermediaries in the Union Territory may be inspected and audited, as
far as possible, according to the schedule of Inspections referred to in rule
33. During
such inspection, the inspecting officer or the expert/agency may require the
officer in charge of such branch/office to provide any information on soft
and/or hard copy of any electronic or digital record with regard to the
collection and remittance of stamp duty relating to any period and the
concerned Central Record Keeping Agency or Approved Intermediary shall be bound
to provide such information. The
inspecting officer shall within one week and the technical-cum-audit
expert/agency shall within two weeks, from the date of inspection, submit its
inspection report to the Appointing Authority/Commissioner of Stamps. The
Appointing Authority on receipt of such inspection report may take appropriate
action including imposition of penalty in accordance with Chapter IX of these
rules and or termination of appointment of Central Record Keeping Agency or the
Authorized Collection Centre if so warranted by the circumstances, after giving
an opportunity of being heard. CHAPTER IX PENALTY FOR
OMISSIONS AND VIOLATIONS In
case the Central Record Keeping Agency fails to remit the amount of stamp duty
collected within the period as stipulated in rule 19, the Central Record
Keeping Agency shall be liable, as specified in the terms of the agreement
"(in Form 1)" entered into between the Commissioner of Stamps and the
Central Record Keeping Agency, to pay along with the collected amount of Stamp
Duty, an interest amount calculated @ 12% per annum on the amount of stamp duty
so collected, for the period of delay in day(s). Any part of day will be
treated as one day for the purpose of such calculation. In
case of any dispute on any issue, the decision of the Appointing Authority
shall be final and the place for resolving such disputes shall be at
Srinagar/Jammu. CHAPTER X ARBITRATION, PUBLIC
GRIEVANCE AND REDRESSAL SYSTEM (1) The Appointing
Authority may designate Deputy Commissioner of Stamps or any other Officers of
the Department not below the rank of State Taxes Officer (STO) of Stamps to be
Grievance Redressal Officer to enquire into the complaints received against the
misconduct or irregularities of the Central Record Keeping Agency or its
Authorized Collection Centres or any other official related with the
implementation of the e-stamping system. (2) These Grievance
Redressal Officers will be allocated specified districts/places for
entertaining the complaints. Any
person, who has any grievance against the services of the Central Record
Keeping Agency or any of its Authorized Collection Centre or any other official
related with the implementation of these rules, may make a complaint to the
concerned Grievance Redressal Officer. The
Grievance Redressal Officer will conduct a fair enquiry with regard to such
complaints, by giving an opportunity of being heard to the parties concerned,
and redress the grievance suitably; and submit the enquiry report to the
Appointing Authority. On
the basis of the enquiry report, the Appointing Authority may take appropriate
action under these rules against the Central Record Keeping Agency/Authorized
Collection Centre or may make suitable recommendation to the employer of the
concerned official for taking appropriate action. CHAPTER XI MANAGEMENT
INFORMATION SYSTEM (MIS) AND DECISION SUPPORT SYSTEM (DSS) The
Central Record Keeping Agency shall be responsible to furnish the following
information/reports to Commissioner of Stamps and to any other Officers
specified in this behalf: (i) Audit Report: Tracking
of all system based actions performed by users of branches/offices of the
Central Record Keeping Agency and the Authorized Collection Centres, pertaining
to any specified day or period. (ii) Payment Reports: Total
collection report of all branches/offices of the Central Record Keeping Agency
and Authorized Collection Centres pertaining to any specified day or period. (iii) Additional Stamp Duty
Certificate reports: For
all the branches/offices of the Central Record Keeping Agency and Authorized
Collection Centres pertaining to any specified day or period. (iv) Disabled (Locked)
e-Stamp certificate report relating to all the offices of Sub-Registrars,
District Registrars, Deputy Commissioner of Stamps or such places/districts of
the Union Territory where this system is in force, pertaining to any specified
day or period. (v) Remittance Reports: The
State/Union Territory-wise daily, weekly, fortnightly and monthly or desired
period details of the remittances made by the Central Record Keeping Agency
into the Government account. (vi) Report of cancelled
e-stamp certificate relating to any period of all the districts. (vii) Any other report or
information as may be required by the Commissioner of Stamps from time to time. FORMS UNDER THESE
RULES 1.
Form-1
Agreement with Central Record Keeping Agency-(See rule 6). 2.
Form-2
Indemnity Bond by Central Record Keeping Agency-(See rule 6) 3.
Form-3
Application for e-stamp-(See rules 20 & 25) 4.
Form-4
Application from refund of Stamp duty-(See rule 31). 5.
Form-5
Register regarding daily postings of applications for e-stamp certificates and
e-stamp certificates issued ; to be maintained by the authorized Collection
Center/Central Record Keeping Agency. [See Rule 21 (3)]. 6.
Form-6
Register regarding daily stamp duty collected and remitted to Government ; to
be maintained by the Central Record Keeping Agency-[See Rule 19 (3)]. SCHEDULE OF INSPECTIONS AND AUDIT OF
THE CENTRAL RECORD KEEPING AGENCY AND THE AUTHORIZED COLLECTION CENTRES (See rule 33) S. No Name of the
authority/Agency Jurisdiction Frequency of
Inspection Points of
Inspection Whom to submit
the report 01 Deputy
Commissioner of Stamps Within the
Registration Division Monthly Shall verify the
collection made by the Central Record Keeping Agency/Authorized Collection
Centres and the e-Stamp certificate issued Commissioner of
Stamps 02 Technical and
Financial Expert/Agency Whole of the
Union Territory Quarterly Shall verify (1)
The overall collections made by the Central Record Keeping Agency/the
Authorized Collection Centres and verify the same with the remittance made by
Central Record Keeping Agency to the Government Account; (2) The
technical working and fairness of accounting of the e-Stamping system. Commissioner of
StampsJAMMU
AND KASHMIR STAMPS (PAYMENT OF DUTY BY MEANS OF E-STAMPING) RULES, 2020
PREAMBLE