MADHYA
PRADESH PREPARATION AND REVISION OF MARKET VALUE GUIDELINES RULES, 2018
PREAMBLE
In exercise of the powers conferred by Section 2(16) C, Section 75 of
the Indian Stamp Act, 1899 (No. II of 1899) read with Notification No.
16638-227-XXI-A- dated 23/10/2017 and all other powers enabling in that behalf
and in supersession of this department's Notification No. (60) B-4-4-2000-CTD-V
dated the 31st July, 2000 with all the subsequent amendments made there to the
State Government hereby makes the following rules, namely:-
Rule - 1. Short title and commencement.
(1) The rules may be
called the Madhya Pradesh Preparation and Revision of Market Value Guidelines
Rules, 2018.
(2) They shall come into
force from the date of their publication in the Madhya Pradesh Gazette.
Rule - 2. Definitions.
In these rules,
unless the context otherwise requires,-
(a) "Act" means
the Indian Stamp Act, 1899 (Act II of 1899) as applicable to the State of
Madhya Pradesh;
(b) "Board"
means a Board constituted under these rules;
(c) "Committee"
means a committee constituted under these rules;
(d) "Market Value
Guidelines" means defined in section 2(16)c of the Act.
(e) "Registering
Officer" means the registering officer appointed under the Registration
Act, 1908 (No. XVI of 1908).
(f) "SAMPADA or
"the Stamps And Management of Property and Documents Application"
means the computerized and web enabled system of e-stamping and registering
documents electronically in the State accessible to Licensed Service Providers
or Users authorized under the relevant rules or orders issued by the State
Government or the Inspector General of Registration from time to time.
Rule - 3. Constitution of Central Valuation Board and its functions.
(1) The Central Valuation
Board shall consist of-
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1.
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Inspector General of Registration,
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Chairperson
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2.
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Engineer in Chief, Public works
Department or his representative not below the rank of Chief Engineer,
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Member
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3.
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Director of Town and Country Planning
or his representative not Below the rank of Joint Director,
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Member
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4.
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Commissioner, of Land Records or his
representative not below the Rank of Deputy Commissioner,
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Member
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5.
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Director, Agriculture or his
representative not below the rank of Joint Director,
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Member
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6.
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Chief Conservator Forest or his
representative not below the rank Of Conservator of Forest,
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Member
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7.
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Head of the Department of
Architecture of Maulana Aazad National Institute of Technology,
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Member
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8.
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Head of the Department of Civil
Engineering of Maulana Aazad National Institute of Technology,
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Member
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9.
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All regional Deputy Inspector
General, Registration,
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Member
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10.
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Joint Inspector General,
Registration/Deputy Inspector General, Registration (Authorized by Inspector
General, Registration in this regard),
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Convener
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11.
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Any other member nominated by the
State Government.
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Member
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(2) The Board shall
perform the following function. -
(a) Receive
information/data of property transactions entered by the District Valuation
Committee alongwith the provisional rates for analysis and final approval.
(b) Determine norms/sub
clause for fixation of market values in respect of valuation of lands,
buildings and various kinds of interests in the immovable property.
(c) May fix rates for
different categories of construction etc., which may be different for different
areas.
Rule - 4. Constitution of District Valuation Committee and Sub-District Valuation Committee and their Functions.
(1) District Valuation
Committee shall consist of:-
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1.
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Collector
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Chairperson
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2.
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A Member of Legislative Assembly from
the -Urban area of the concerned constituency as recommended by the Minister
in charge of the district concerned,
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Member
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3.
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Chairperson, Janpad Panchayat,
District Headquarter
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Member
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4.
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Executive Engineer, Public Works
-Department
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Member
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5.
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Executive Engineer, Department of
Water Resources
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Member
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6.
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Commissioner, Municipal Corporation
or Chief Municipal Officer at the District Headquarter
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Member
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7.
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Chief Executive Officer, Jila
Panchayat
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Member
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8.
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Superintendent, Land
Records/-Superintendent Diversion
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Member
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9.
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Rent Control Officer
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Member
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10.
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District Forest Officer
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Member
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11.
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Chief Executive Officer, Development
-Agency/Deputy Commissioner Madhya Pradesh Housing Board
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Member
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12.
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Joint Director/Deputy Director, Town
and -Country Planning
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Member
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13.
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General Manager, Industries
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Member
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14.
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Senior District Registrar/District
Registrar of -the District
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Convener
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(2) The District
Valuation Committee shall perform the following functions, namely:
(a) collect information
on property values and property trends which would be compiled in the form of
primary data along with the existing data.
(b) analyze the proposed
values in the Formats received in the manner prescribed by Inspector General of
registration which includes SAMPADA along with other information received from
the Sub-District Valuation Committee and the information collected in respect
to construction rates, actual rates of the properties etc. compiled in the form
of primary data and to fix the provisional values.
(c) notify the
provisional values in the manner prescribed by the Inspector General of
registration which includes SAMPADA and to invite the suggestions of the
public thereon and to consider them.
(d) send the provisional
values for approval of Central Valuation Board and to issue the market value
guidelines for different areas on approval.
(3) The Sub-District
Valuation Committee shall consist of-
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1.
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Sub-Divisional Officer, Revenue
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Chairperson
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2.
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Chairman, Janpad Panchayat,
Sub-District Headquarter
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Member
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3.
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Tehsildar/Naib Tehsildar
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Member
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4.
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Assistant Engineer, Water Resources
Department
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Member
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5.
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Assistant Engineer, Public Works
Department
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Member
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6.
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Chief Municipal Officer/or
Commissioner Municipal Corporation or his nominee
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Member
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7.
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Chief Executive Officer, Janpad
Panchayat or his Nominee,
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Member
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8.
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Sub-Divisional Officer, Forest
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Member
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9.
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Senior Sub-Registrar/Sub-Registrar
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Convener
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(4) The Sub-District
Valuation Committee shall perform the following functions, namely:-
(a) Collect and compile
data pertaining to property values. For this purpose the data of average value
on the basis of documents registered in the Sub-Registrar Office, shall be
taken into consideration. In the absence of any sale transaction during that
period, either sale instances of comparable land/property would be taken as the
basis or the price may be increased as per price index. The information
regarding the prevalent market value of the property may be provided by
patwaries through Tahsildars. The other information like cost of construction,
official sales, auction sale etc. would be collected by the Committee from the
concerned offices.
(b) Analyse the data
collected and to propose the values in the prescribed input forms and forward
the same in the manner prescribed by the Inspector General of Registration
which includes "SAMPADA" to the respective District Valuation
Committee along with all the data and information collected.
Rule - 5. Periodicity of Revision.
The market value
guidelines under these rules shall be revised annually from 1st April.
Rule - 6. Procedure to prepare Market Value Guideline.
While working out the
values of immovable property, the committees shall take into account the
following facts :-
(1) The case of lands:-
(a) classification of
land as unirrigated or irrigated, diverted or Non-Diverted and the like;
(b) classification under
various categories in the settlements register;
(c) the rate of revenue
assessments for each classification;
(d) other factors which
influence the valuation of the land in question;
(e) points, if any,
mentioned by the parties to the instrument or any other person which required
special consideration.
(f) value of adjacent
land or lands in vicinity;
(g) average yield from
the land, proximity to road and market, distance from village site, level of
land transport facilities, facilities available for irrigation in any form;
(h) the nature of Crops
raised on the land;
(i) use of land as
residential, commercial or industrial,
(j) the relative position
of urban area and investment area or development of the town.
(2) In case of house
sites:-
(a) The general value of
house sites in locality;
(b) Proximity to roads,
railway stations, bus routes,
(c) Proximity to market,
shop and the like ;
(d) Amenities available
in the place like, Public Offices, Hospitals and Educational Institutes,
(e) Development
activities, industrial improvements in the vicinity;
(f) Any special feature
having a special bearing on the valuation of the site; and
(g) Commercialisation of
home location and affiliation of these with reserved area by master plan or
town and country planning.
(3) In case of
buildings:-
(a) type and structure,
(b) locality in which
constructed,
(c) plinth area,
(d) year of construction,
(e) kind of material
used,
(f) rate of Depreciation,
(g) fluctuation in rates,
(h) Any special feature
having a special bearing on the valuation of the site;
(i) The purpose for which
the building is being used, and the income, if any, by way of rent per annum
secured on the building; and
(j) Relative position and
reputation of the area where the building is located.
(4) Other factors which
the Committee considers necessary.
Rule - 7. Formats.
The Formats for the
Rates/Market Value pertaining to different categories of plots, lands and
constructions etc. shall be as prescribed by the Inspector General of
Registration and shall be prepared as prescribed by Inspector General of
Registration which includes SAMPADA.
Rule - 8. Supply of Market Value Guidelines.
The Market value
guideline prepared as per rules 6 and 7, shall be made available to each Registering
officer and the general public by the convener of the District Valuation
Committee in the manner prescribed by Inspector General of Registration which
includes SAMPADA. The list of Market Value Guideline shall be referred by
registering officer for market value presented for registration of the
documents.
Rule - 9. Powers for Special Revision.
(1) Notwithstanding
anything contained in these rules, the Inspector General of Registration and
Superintendent of Stamps may order of a special revision of Market Value
Guidelines in any specified area under the following circumstances leading to a
sudden appreciation of land values-
(a) Setting up of an
industry or a group of industries of infrastructure projects;
(b) Development of large
scale housing projects;
(c) Any other special
circumstances having an impact on the values of immovable property in any
specified area.
(2) The cases which are
covered under sub-rule (1), the committee constituted under sub-rule (1) of
Rule 4 shall take up the revision of Market Value Guideline within the time
limit stipulated by the Inspector General of Registration and Superintendent of
Stamps.
(3) Such revised value
shall be implemented from the date to be fixed by the Inspector General of
Registration and Superintendent of Stamps.
Rule - 10. Summons to the public, public officers and recording statement by the committee.
The committee
constituted under Rule 4, after serving of the notice if it thinks fit to do
so, record the statement of the person and for the purpose of enquiry-
(a) may call any
information of record from any public office or officer or Authority under the
State Government of any local authority;
(b) record statement from
any member of the public office or authority under the State Government or any
local authority;
(c) may call the parties
to be present on the date specified in the notice and on such other date as may
be fixed by it.
Rule - 11. The Authority competent for rectification of anomalies.
If any representation
is received from any parties aggrieved by the rates shown in the Market Value
Guideline or if any officer of the department notice anomaly, the issue shall
be referred to the committee specified in sub-rule (1) of Rule 4 and such
committee shall send proposals to the Inspector General of Registration for
rectifying the anomaly by revision. After examining the proposal, the Inspector
General of Registration may issue appropriate instructions.
Rule - 12. General Control and Supervision.
It shall be competent
for the Inspector General to issue such administrative instructions of general
nature as may be required from time to time for the effective implementation of
these rules.