In
exercise of the powers conferred by section 75 of the Indian Stamp Act, 1899,
the Governor of Jharkhand makes the following rules to amend the Jharkhand
Stamp Rules, 1954, (Adopted) (1)
These rules shall be called
Jharkhand Stamp (Amendment) Rules, 2020. (2)
It shall extend to the whole of
the State of Jharkhand. (3)
It shall come into force from the
date of notification. 3(3) Provided also that
the Revenue Registration and Land Reforms Department may subject to such
condition as it may think proper, make provision of payment of stamp duty
through Debit Card/Credit Card/Net Banking/E-Challan under e-gras module of
Planning-cum-Finance Department, apart from Stamp Paper and e-Stamp. 3(4) For payment of stamp
duty through e-gras, the parties shall log in under National Generic Deed
Registration System and enter the name & address of payee and the purpose
of payment. Afterwards, payment of stamp duty shall be done by Debit
Card/Credit Card/Net Banking/E-Challan etc. After Payment of stamp
duty, the original receipt generated shall be attached with the Deed and the
following certificate will be endorsed by the party with his signature that-
"No service has been taken earlier through this receipt." It shall be the
responsibility of the officer giving service to "Deface" the challan
generated under e-gras, after providing service, so that the challan couldn't
be used again on e-gras. The payment of stamp duty
through e-gras will be done only for document registration. Later on, the
department may extend it for other purposes also. 3(5) Refund of Payment:- In case the stamp duty
paid through above method is not used, the party may within one year of
payment, apply for refund of stamp duty paid, before the Collector of concerned
district in prescribed Form-A and the Collector shall refund the stamp duty
deposited. After one year of the date of payment and up to two years of payment
of stamp duty, refund shall be made after the permission of Divisional
Commissioner. After two years of the date of payment, stamp duty shall be
refunded after taking the permission of departmental Principal
Secretary/Secretary/Secretary-cum- Inspector General of Registration/Inspector
General of Registration. With the application for
refund, the party shall submit clearly legible e-challan and shall submit an
affidavit mentioning that, "Service has not been taken through this
e-challan and no refund has been taken earlier." Prior to refund, the
Collector has to obtain a report from the District Sub Registrar regarding
providing or not providing the service through the e-challan. The District Sub
Registrar shall before submitting the report, "Deface" the e-challan
and shall mention this fact in his report also. After getting confirmation
from District Sub Registrar regarding not providing service, the Collector
shall refund the money after deduction 10% ten percent of the amount paid. The Inspector General of
Registration will be competent to issue relevant orders as required for the
implementation of these rules. Form-A Applicant before the
Collector for refund of stamp duty paid through e-grass. 1.
The total amount of stamp duty
paid ................./Rs. (In words ............................) 2.
(i) Name of the person who has
deposited stamp duty ............................ (ii) Address-
...........................
.............................................................................. 3.
Purpose of stamp duty payment
...................... ......................................... 4.
Date on which stamp duty is paid
............................................................ 5.
Name of the Bank and its Branch
............................................................ 6.
G.R.N. No
..................................... and Date .................... of the
e-challan. (Self attested &
Legible copy of e-challan is to be enclosed with the application) 7.
Reason of Refund
....................................
................................................ Declaration- I hereby
declare that the above information is correct. I have not taken any service
against the stamp duty paid and in case of any loss to the Government due to
wrong information, I shall be responsible for recovery and legal action. Place :
.......................... Dated :
......................... ............................... Signature of Applicant Address:
...................... JHARKHAND STAMP
(AMENDMENT) RULES, 2020
PREAMBLE