KARNATAKA STAMP (FRANKING
IMPRESSION OF STAMPS) RULES, 2000
In the exercise of the powers conferred by sub-section (1) of Section 10 and
Section 68 of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), the
Government of Karnataka hereby makes the following rules, namely.
Rule - 1. Title and commencement :-
(1)
These rules may be called
the Karnataka Stamp (Franking Impression of Stamps) Rules, 2000.
(2)
They shall come into force
on such date as the State Government may appoint by notification in the Official
Gazette.
Rule - 2. Definitions :-
In the rules, unless
the context otherwise requires.
(a)
"Act" means the
Karnataka Stamp Act, 1957 (Karnataka Stamp Act 34 of 1957);
(b)
"Authorised Users"
means any body or organisation including Post Offices and Banks authorised by
Chief Controlling Revenue Authority to use the machine for making impression of
Stamps indicating the payment of Stamp duty on the Instruments;
(c)
"Form" means form
appended to these rules;
(d)
"Proper Officer"
means the Superintendent of Stamps, Assistant Commissioner of Stamps, District
Registrar and the Sub- Registrar appointed under the Registration Act, 1908 and
such other officers as may be specified by the Chief Controlling Revenue
Authority in this behalf, who are empowered to affix and impress labels by
Franking Machine and they shall be deemed to be Proper Officer for the purpose
of the Act and these rules;
(e)
"Government" means
Government of Karnataka;
(f)
"Section" means a
section of the Act.
Rule - 3. Scope and extent of use of the Franking Machine :-
The Franking Machines shall be used for franking impression of Stamps on all
kinds of instruments on which Stamp duty is payable under the provisions of
Indian Stamp Act, 1899 and the Karnataka Stamp Act, 1957 and the rules made
thereunder.
Rule - 4. Procedure regarding the use of Franking Machine by the Proper Officer :-
(1)
Franking Machines shall be
installed at the Office of the Superintendent of Stamps, Bangalore, Offices of
the District Registrar and Offices of the Sub-Registrars and in any other
office as may be authorised by the Chief Controlling Revenue Authority in
Karnataka for impressing Stamps indicating the payment of stamp duty on the
instrument chargeable with duty.
(2)
The Machine shall be
operated under the strict control and supervision of the proper officer and
shall be installed in front of the Proper Officer.
(3)
Before the machine is put to
use, the same shall be authorisedly loaded and sealed by Superintendent of
Stamps or District Registrar, Assistant Commissioner of Stamps or such other
officer authorised by Chief Controlling Revenue Authority.
(4)
The Superintendent of
Stamps, Assistant Commissioner of Stamps and District Registrars or the officer
authorised under sub-rule (3) shall maintain a Register in Form No. 1 regarding
loading and reloading and shall send a return in Form No. 2 to the District
Registrar every month.
(5)
The Proper Officer other
than the District Registrar and Superintendent of Stamps shall take permission
in writing from District Registrar well in advance regarding periodical loading
of the machine. The machine shall be loaded or reloaded by such Proper Officer
only after receiving sanction from District Registrar. The entries shall be
made in Form No. 3 in respect of each reloading which shall be authenticated by
the Proper Officer. The sanction of loading should be sought by the Proper
Officer in such a manner that the machine shall not remain idle for want of
reloading. Monthly returns shall be sent in Form No. 2 to the District
Registrar every month and the District Registrar shall consolidate the returns
in Form No. 2 and send a return every month to the Chief Controlling Revenue
Authority.
(6)
The access code to the
numeric of the Franking Machines shall be exclusively with the Superintendent
of Stamps or District Registrar who shall be responsible for non-disclosure,
thereof to any person and who shall maintain a separate register in respect of
each loading/reloading/incrementing of the amount.
(7)
The Proper Officer shall
ensure that the seals are not tampered with, in any way by any person or that
machine is not handled by any unauthorised person.
(8)
The Proper Officer shall be
responsible for the custody of the machine. A register in Form No. 4, shall be
maintained in which the meter reading are recorded separately, both at the
commencement of the day and at the close of the day. The difference between the
said readings shall be the total amount collected in respect of impressions
franked.
(9)
The parries desirous of
having stamps impressed on all kinds of instruments specified in the Rule 3
shall make an application in Form No. 5 along with the instrument and value of
Stamps to be impressed, by Challan or Cash or Pay Order or Bankers Cheque or
Demand Draft to the Proper Officer.
(10)
On receipt of the
application with Challan or Demand Draft etc., thereof, the Proper Officer,
after satisfying, himself of the credit made by the parties, shall emboss the
instruments by means of Franking Machine with the requisite amount of Stamp
duty. Thereafter the Proper Officer shall affix his Signature in the space
provided on the impressed stamps.
(11)
All the applications
received for stamping shall be generally filed in a guard file, each being
serially numbered and the particulars entered in the register in Form No. 6.
(12)
The Inspecting Officer,
shall, in the course of their inspection tours, ensure that these rules are
complied with. They shall also verify credits, on different days selected at
random in each month since the last inspection in respect of sale of stamp made
through Franking Machine and record the result in their inspection or visit
notes.
Rule - 5. Use of Franking Machine by authorised users :-
(1)
An authorisation for use of
Franking Machine may be granted by the Chief Controlling Revenue Authority on
application, filed by the intending user along with an undertaking and
Indemnity Bond duly authenticated on Non-Judicial Stamp paper in Form No. 7.
(2)
Authorisation fee of Rs. 1,000
shall be charged for the grant of authorisation for use of the Franking
Machine. Authorisation shall be valid for a period of one calendar year from
the date of authorisation.
(3)
The Chief Controlling
Revenue Authority reserves himself the right for refusing or cancelling an
authorisation without assigning any reasons for the same.
(4)
The authorised user shall at
his own cost and through the Chief Controlling Revenue Authority, obtain
Franking Machine of approved model and make, from approved manufacturer. The
model, the make, unique number of the machines and particulars of the supplier
shall be specified in the authorisation.
(5)
The authorisation for each
Franking Machine may be renewed every year on payment fee of Rs. 1,000/-. The
renewal will be subject to satisfaction of the Chief Controlling Revenue
Authority about proper use of the machine. For this purpose he will obtain
report on the following points:
(a)
Instances of tampering of
seals;
(b)
About the mechanical
efficiency of the unit;
(c)
Average daily usage during
past twelve months;
(d)
Whether there is any
suspicion about the misuse of the machine;
(e)
Maintenance of connected
records.
(6)
Where there is prima fade
suspicions, that the machine is not being used properly the renewal may be
refused and the machine be kept in the custody of the Chief Controlling Revenue
Authority.
(7)
The application for renewal
shall be accompanied with a report from the supplier or his authorised dealer
as to whether or not the machine is in proper working order. In the case of an adverse
report the authorisation will not be renewed.
(8)
The authorised user shall
apply for renewal of authorisation, a month in advance of the date of expiry of
authorisation in force. If the authorised user does not want to get the
authorisation renewed or has not applied for the renewal thereof latest by the
15th December he shall surrender the machine to the Chief Controlling Revenue
Authority on the day of authorisation in force expires.
(9)
When the authorised user
wishes to discontinue the usage of machine, the amount unused at the time of
such surrender shall be refunded.
(10)
The authorised machine shall
be utilised for franking/impressing stamps on the instruments as specified in
Rule 3 by the authorised user only. The authorised user shall maintain the register
in Form No. 8 showing the details of the amount impressed, in respect of each
instrument.
(11)
The authorised user shall
send account of the monthly use of the machine in respect of each instrument to
the Chief Controlling Revenue Authority on or before 15th of the succeeding
month.
(12)
The Government or the Chief
Controlling Revenue Authority shall not be responsible for any loss or damage
caused to the authorised user on account of misuse or mishandling of the
machine or for any damage caused to the machine on any ground.
(13)
The authorised user is not
permitted to keep with him any unserviceable or worn-out Franking Machine. He
shall surrender the same on the next day of its having been rendered as such to
the chief Controlling Revenue Authority who shall ensure that all the parts of
the said machine, are surrendered with the machine. This fact shall be entered
in the Franking Machine record book and ledger pertaining to the machine. The
authorised user shall also surrender the authorisation to the Chief Controlling
Revenue Authority.
(14)
The authorised user must
take adequate steps to guard against the fraudulent use of the machine. Any
change in the location of the machine except in case of repairs shall be
notified by the authorised user to the authorising authority and also to the
District Registrars concerned.
(15)
The authorised user shall
maintain the following records separately for each Franking Machine:
(a)
Franking Machine Register
regarding posting in Form No. 8.
(b)
Franking Machine Record Book
in Form No. 9.
(16)
The authorised user shall at
all reasonable times allow authorised officer or the authorising authority or
the District Registrar to inspect the machine and collect records without
notice.
(17)
The authorised user shall
not sell or transfer or dispose of in any manner whatsoever the Franking
Machine.
Rule - 6. Payment by the authorised users, setting or re-setting of the machine and sealing thereof :-
(1)
The authorised user shall
pay in advance a sum representing the amount of advance Stamp duty, through a
Bankers Cheque or Bank Draft or Demand Draft or Challan for which he wishes the
machine to be set at the time of purchase of machine.
(2)
Whenever authorised user
wishes to deposit any sum in advance and to have the meter of the machine
reset, he shall produce the Franking Machine, record book register regarding
the posting in office of District Register for verification. If the machine can
be loaded without physically producing it, then the authorised user shall
produce the record book register regarding posting in the office of the
District Registrar, who shall apply code for loading.
(3)
The entries in respect of
advance payments should be made by the setting or resetting officer in the
Franking Machine record book of the authorised user and the concerned officer records
and shall be got attested by the concerned officer.
(4)
The seal of Franking Machine
and pliers for the lead seal for sealing Franking Machine shall remain in the
personal custody of the officer authorised to use them.
(5)
The authorised user shall
ensure that the seals on the Franking Machine are not tampered with or broken
or handled in any way.
(6)
No person or official other
than those authorised for the purpose shall break or tamper with the seal in
any way.
(7)
In the following cases the
authorised user shall immediately stop using the machine and bring the matter
to the notice of the authorising authority and the District Registrar
concerned:
(a)
Breaking or tampering with
the seals.
(b)
Discrepancy in the meter
readings.
(8)
The District Registrar shall
satisfy himself after making such enquiry as deemed necessary that there is
nothing suspicious before affixing fresh seal or setting or resetting the
meter. In cases where there is suspicion of misuse of machine the same shall be
reported to the Chief Controlling Revenue Authority.
(9)
Franking or impressing of
Stamp may be allowed upto any amount.
(10)
All franks or impressions
for the purpose of payment of Stamp duty must be made as far as possible on the
right top corner of the first page of the instrument itself.
(11)
The impression or franks of
the machine recorded on the instrument should not be interfered in anyway. The
impression should be in bright red colour, clear and distinct and should not
overlap. Where by mistake a wrong amount is impressed then that impression shall
be torn from the instrument and pasted in the register of daily posting and
shall be authenticated by the authorised user or proper officer. At the time of
resetting, set off equal to the amount of wrong impression shall be given.
(12)
The Superintendent of Stamps
and District Registrars shall maintain the following Registers, namely.
(a)
Master Ledger in Form No.
10.
(b)
List of Authorised User in
Form No. 11.
Rule - 7. Procedure for repairs :-
(1)
The maintenance, service and
cleaning of the Franking Machine or any repairs thereto, including the
replacement of any parts thereof shall be the responsibility of the authorised
user and at his own cost and expenses.
(2)
The procedure for repair of
Franking Machines shall be as follows.
(a)
The users of Franking
Machine shall in the event of the machine requiring repairs immediately stop
using the same.
(b)
The user shall immediately,
in such event, bring the fact to the notice of the Chief Controlling Revenue
Authority who shall notify the manufacture or his authorised dealer in this
regard.
(c)
The authorised user shall
make his own arrangements for transportation of the machine to the authorised
officer or District Registrar.
(d)
Whenever a machine is found
to be defective the authorised user should bring the machine to the Chief
Controlling Revenue Authority or District Registrars, who shall note and record
in the Franking Machine records book, register of posting and the ledger.
(e)
Entries shall also be made
in the Franking Machine record book as well as in the Franking Machine register
of posting and ledger as to when the machine has been received in defective
condition and is being sent to the repairer.
(f)
After the machine has been
repaired and brought to the Superintendent of Stamps or District Registrars,
affixed with one lead seal of the manufacturers or his authorised dealer, the
machine and the meter, will be checked generally for proper functioning and
then reset. It shall also be ensured at that time no leakage of revenue is
possible without breaking the seal.
(g)
The machine shall then be
re-sealed in the manner explained above.
(h)
Necessary entries to the
effect that the machine has been repaired and re-sealed, and the authorisation
therein will be made in the Franking Machine records books, ledger and register
of postings. The meter reading at that time shall also be recorded in these
books.
(i)
The manufacturer shall
maintain a register, containing the following information,
(a)
name of authorised user;
(b)
model and manufacturing
number of the machine;
(c)
particulars of authorisation
for the use of the said machine;
(d)
name of the office through
which the machine is received;
(e)
date of repair;
(f)
date of despatch after
repair;
(g)
Particulars of the part of
machine: (i) repaired (ii) replaced;
(h)
signature of authorised
official of the manufacturer or his authorised dealer;
(i)
signature of authorised user
or his representative.
(3)
The repairer or the
manufacturer shall also enter in the job card and Franking machine records book
the particulars of the parts repaired and replaced with his signature and date.
(4)
The record of repair and job
card are to be preserved for two years and shall be open for check up by the
authorised official of the Chief Controlling Revenue Authority or
Superintendent of Stamps at any time.
(5)
The reason for delay of more
than fifteen days in repairing to the Franking Machine shall be investigated to
find out if there is anything to suspect the misuse of the Franking Machine
under repair.
(6)
The Chief Controlling
Revenue Authority reserves the right to deauthorise and keep the Franking
Machine under custody, if there is any deviation from the prescribed condition
including non-use or irregular use of machine or any misuse of the machine. The
Government of Karnataka shall not be responsible for any loss which the
authorised user may incur thereby. However, any sum that may be due to the
Government on account of stamp duty due shall be liable to be recovered as
arrears of land revenue.