KARNATAKA STAMP (AMENDMENT)
ACT, 1980
Preamble - KARNATAKA STAMP (AMENDMENT) ACT,
1980
THE KARNATAKA STAMP (AMENDMENT) ACT, 1980
[Act No. 15 of 1980]
[15th April, 1980]
PREAMBLE
An Act further to amend the Karnataka Stamp
Act, 1957.
Whereas
it is expedient further to amend the Karnataka Stamp Act, 1957, (Karnataka Act
34 of 1957), for the purposes hereinafter appearing;
Be it
enacted by the Karnataka State Legislature in the Thirty-first Year of the
Republic of India as follows:-
Section 1 - Short title and commencement
(1)
This Act may be called the Karnataka Stamp
(Amendment) Act 1980.
(2)
It shall be deemed to have come into force on
the Third day of December, 1979.
Section 2 - Amendment of section 11
In
section 11 of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)
(hereinafter referred to as the principal Act)-
(1)
in clause (a), for the words "with a
duty not exceeding thirty-paise" the words "with a duty not exceeding
fifty paise" shall be substituted;
(2)
after clause (d), the following clause, shall
be inserted, namely:-
(3)
instruments chargeable with such amount of
duty as the State Government may by notification specify."
Section 3 - Insertion of new section 46A
After
section 46 of the principal Act the following section shall be and shall be
deemed to have been inserted, with effect from the first day of April, 1972,
namely:-"46A. Recovery of stamp duty not levied or short levied:-
(1)
Where any instrument chargeable with duty has
not been duly stamped, the Chief Controlling Revenue Authority or any other
officer authorised by the State Government (hereinafter referred to as the
authorised officer) may, within three years from the date of commencement of
the Karnataka Stamp (Amendment) Act, 1980 or the date on which the duty became payable
whichever is later, serve notice on the person by whom the duty was payable
requiring him to show cause why the proper duty or the amount required to make
up the same should not be collected from him:
Provided
that where the non-payment was by reason of fraud, collusion or any willful
mis-statement or suppression of facts or contravention of any of the provisions
of this Act or of the rules made thereunder with intent to evade payment of
duty, the provisions of this sub-section shall have effect, as if for the words
"three years" the words "six years" were substituted:
Provided
further that nothing in this sub-section shall apply to instruments executed
prior to first day of April, 1972
Explanation-Where
the service of a notice, under this sub-section is stayed by an order of a
court, the period of such stay shall be excluded in computing the aforesaid
period of three years or six years, as the case may be.
(2)
The Chief Controlling Revenue Authority or
the authorised officer shall, after considering the representation, if any made
by the person on whom notice is served under sub-section (1), determine the
amount of duty due from such person (not being in excess of the amount
specified in the notice) and thereupon such person shall pay the amount, so determined.
(3)
Any person aggrieved by an order under
sub-section (2), may prefer an appeal before the Karnataka Appellate Tribunal
within three months from the date of such order.
(4)
Any duty payable under this section shall be
recovered as arrears of land revenue."
Section 4 - Repeal of Karnataka Ordinance No. 22 of 1979
(1)
The Karnataka Stamp (Second Amendment)
Ordinance, 1979 (Karnataka Ordinance No. 22 of 1979), is hereby repealed.
(2)
Notwithstanding such repeal anything done or
any action taken under the principal Act as amended by the said ordinance shall
be deemed to have been done or taken under the principal Act as amended by this
Act.