[1][THE KERALA STAMP
(PREVENTION OF UNDER VALUATION OF INSTRUMENTS) RULES, 1968] In exercise of the
powers conferred by sections 45A and 69 of the Kerala Stamp Act, 1959 (17 of
1959), the Government of Kerala hereby make the following rules, namely:- These rules may be called the Kerala Stamp
(Prevention of Under valuation of Instruments) Rules, 1968. In these rules, unless the context otherwise
requires (a)
"Act"
means the Kerala Stamp Act, 1959 (17 of 1959). (b)
"authorised
agent" means- (i)
a
person holding a power of attorney authorising him to act on behalf of his
principal; or (ii)
an
agent empowered by written authority under the hand of his principal; (c)
"Form"
means a form appended to these rules; (d)
"Registering
Officer" means the Registering Officer appointed under the Indian
Registration Act, 1908 (Central Act XVI of 1908) (e)
"Section"
means a section of the Act. (1)
[2][If an instrument
(being an instrument of gift, settlement, [3][x
xxxl transfer of lease, conveyance, transfer of kanam or mortgage with
possession or any other instrument of transfer of property inter vivos which is
subject to advalorem duty without any maximum limit) relates] to a number of
items of property, the value shall be specified in respect of each item
separately. For this purpose, the party executing the document shall [4][furnish
along with the instrument a separate statement in Form I containing]
information about the various items of properties involved and his own
assessment of the value of each of those items separately. Explanation- If an instrument covers lands
comprising several survey numbers or sub-division numbers, the value shall be
specified for the land covered by each survey number or sub-division number, as
the case may be, separately. (2)
The
Registering Officer shall [5][before
registering an instrument referred to in sub-rule (1), satisfy himself that
the party has furnished along with the instrument] a statement giving the value
for each of the properties separately as required by sub-rule (1). (3)
The
Registering Officer may, for the purpose of finding out whether the value or
the consideration has been correctly furnished in the instrument, make such
enquiries as he may deem fit. He may elicit from the parties concerned any
information bearing on the subject and call for and examine any records kept
with any public officer or authority. (1)
A
reference under sub-section (1) of section 45A from a Registering Officer shall
be accompanied by a statement in Form IA. (1A) On receipt of
such reference by the collector or where the Collector proposes to take action
suo motu under sub-section (3) of section 45A, shall issue a notice in Form II
or Form IIA, as the case may be. (a)
to
every person by whom, and (b)
to
every person in whose favour the instrument has been executed, informing him of
the receipt of the reference from the Registering Officer, or, as the case may
be, the Collector's proposal to take suo motu action, and asking him to submit
to the Collector representations, if any, in writing to show that the value of
the property or the consideration has been truly set forth in the instrument
and also to produce all evidence that he has in support of his representation
within twenty-one days from the date of service of the notice][6]. (2)
The
Collector, may, if he thinks fit, record a statement from any person to whom a
notice under [7][sub-rule
(IA) has been issued. (3)
The
Collector, may, for the purpose of his enquiry, (a)
call
for any information or record from any public office, officer or authority
under the Government or a local authority; and (b)
examine
and record statements, from any member of the public, officer or authority
under the Government or a local authority; and (c)
inspect
the property after due notice, to the parties concerned. (4)
After
considering the representations, if any, received from the person to whom
notice under [8][sub-rule
(IA)] has been issued and after examining the records and evidence before him,
the Collector shall pass an order in writing provisionally determining the
value of the properties or the consideration and the duty payable. The
basis on which the provisional value or consideration was arrived at shall be
clearly indicated in the order. The Collector shall, as far as possible, have
also regard to the following points in arriving at the provisional value or
consideration, namely - (a)
in
the case of lands:- (i)
nature
of the land or ground such as garden, wet and the like; (ii)
other
factors, which influence the valuation of the land in question; (iii)
points,
if any, mentioned by the parties to the instrument or any other person which
require special consideration; (iv)
value
of adjacent lands or lands in the vicinity; (v)
average
yield from the land, nearness to road and market, level of land, transport
facilities, facilities available for irrigation. such as tank, wells, etc; (vi)
the
nature of crops raised on the land; (b)
in
the case of house sites,- (i)
the
general value of house sites in the locality; (ii)
nearness
to roads, railway station, bus route etc; (iii)
nearness
to market, shops and the like; (iv)
amenities
available in the place like public offices, hospitals and educational
institutions; (v)
development
activities, industrial improvements in the vicinity: (vi)
valuation
of sites with reference to taxation records of the local authorities concerned,
if any; (vii)
any
other features having a special bearing on the valuation of the site; and (viii)
any
special feature or the case represented by the parties; (c)
in
the case of buildings- (i)
type
and structure (ii)
locality
in which constructed; (iii)
plinth
area; (iv)
year
of construction; (v)
kind
of materials used: (vi)
rate
of depreciation; (vii)
fluctuation
in rates; (viii)
any
other features that have a bearing on the value; (ix)
property
tax with reference of taxation records of the local authority concerned; (x)
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 (xi)
any
special feature of the case represented by the parties: (d)
properties
other than lands, house sites and buildings.- (i)
the
nature and condition of the property; (ii)
purpose
for which the property is being put to use, and (iii)
any
other special features having a bearing on the valuation of the property. The Collector shall communicate a copy of his
order provisionally determining the value of the properties for the
consideration thereof and the duty payable, to all the persons who are liable
to pay the duty along with a notice in 1[Form III or Form IIIA,
as the case may be] and call upon the parties to lodge their objection, if any,
to such determination of the value or consideration within the time specified
in the notice. The collector shall also hear the parties on the date specified
in the notice or on such other day as may be fixed by him. (1)
The
Collector shall, after considering the representations received in writing and
those urged at the time of the hearing and after a careful consideration of all
the relevant facts and evidence placed before him, pass an order, determining
the value of the properties or the consideration thereof and the duty payable
on the instrument, the time within which the deficient amount of stamp duty shall
be paid, communicate the order to the parties and take steps to collect the
deficient amount of stamp duty, if any. (2)
A
copy of the order shall be communicated to the Registering Officer concerned
for his record. In an enquiry under these rules any party to
an instrument may appear either in person or through an advocate or an
authorised agent. (1)
An
appeal, under sub-section (4) of section 45A shall contain the following particulars,
namely:- (a)
full
name, father's name, or husband's name occupation and address of the
applicant", (b)
full
name, father's name, or husband's name, occupation and address of every person
executing the instrument: (c)
full
name, father's name, or husband's name, occupation and address of every person
claiming under the instrument; (d)
date
and nature of the instrument; (e)
Registration
number, date of registration and name of office where the instrument was
registered; (f)
name
of town or village in which the property is situated to other with the name of
the taluk and the registration sub-district; (g)
number
and date of the Collector's order which is appealer against; (h)
value
of the property or the consideration as set forth in the instrument; (i)
value
of the property or the consideration as determined by the Collector. (2)
Every
appeal shall be accompanied by,- (a)
the
original or certified copy of the order appealed against; (b)
the
original or a certified copy of the instruments; and (c)
memo
of grounds of appeal (3)
Every
appeal shall be presented in person or by an advocate or authorised agent or
sent by registered post to the appellate authority having jurisdiction which
shall endorse the date of receipt. (1)
If
the appellate authority admits the appeal, a date shall be fixed for hearing
the appellant. The appellate authority shall issue a notice to the appellant
informing him of the date on which and the time and place at which the appeal
shall be heard. Such notice shall also state that if the appellant does not
appear on the day so fixed or any other day to which the hearing may be
adjourned, the appeal shall be liable to be dismissed for default or disposed
of on merits ex-parte. (2)
The
appellate authority shall send a copy of the notice to the Collector together
with a copy of the appeal and call for and obtain the recods of the case from
the Collector. On the date fixed or on any other date to
which the case may be adjourned, the appellate authority shall hear the appellant
and receive any evidence adduced on his behalf. It shall also hear the per-son
if any, appearing on behalf of the Collector and receive the evidence, if any,
adduced in support of the Collector's order. After considering all the evidence adduced
and representations made on behalf of the appellant and the Collector and
examining the records of the case, the appellate authority shall decide whether
or not the value of the properties or the consideration as determined in
the order of the Collector under sub-section (2) or sub-section (3) of section
45A is correct. In case, the appellate authority does not accept the valuation
of the properties or the consideration determined by the Collector it shall
determine the correct value of the properties or the consideration and the duty
payable on the instrument. The appellate authority shall embody its decision
and the reasons therefore in an order and communicate it to the appellant, the
Collector and the Registering Officer concerned. As soon as possible after the order is
passed, the appellate authority shall return the records of the Collector to
that Officer. (1)
The
appellate authority may adjourn the hearing of the appeal from time to time, as
it thinks fit. (2)
The
appellate authority may, at any state; call for any information, record or
other evidence from the appellant or the Collector. (3)
In
the appeal, the appellant, may appear either in person or through an Advocate,
or an authorised agent. (4)
In
respect of matters not provided for in these rules, the provision of the Code
of Civil Procedure, 1908 (Central Act V of 1908) relating to the procedure to
be followed by the appellate authority in appeals against the orders of the
Civil Court shall, as far as may be, apply to appeals under sub-section (4) of
section 45A. Any notice under rule 4 or rule 6 and any
order under rule 4 or rule 7 shall be served in the following manner, namely:- (a)
in
the case of any company, society or association of individuals, whether
incorporated or not, be served- (i)
on
the Secretary or any director or other principal officer of the company,
society or association of individuals, as the case may be; or (ii)
by
leaving it or sending it by registered post acknowledgement due, addressed to
the company, society, or association of individuals, as the case may be at the
registered office, or if there is no registered office, has at the place where
the company, society or association of individuals, as the case may be. carries
on business. (b)
in
the case of any firm, be served- (i)
upon
any one or more of the partners; (ii)
at
the principal place at which the partnership business is carried on, upon any
person having control management of the partnership business at the time of
service; (c)
in
the case of a family, be served upon the person in management of such family or
of the property of such family, in a manner specified in clause (d); (d)
in
the case of an individual person, be served- (i)
by
delivering or tendering the notice or order to the person concerned or his
counsel or authorised agent; or (ii)
by
delivering or tendering the notice or order to some adult member of the family;
or (iii)
by
sending the notice or order to the persons concerned by registered post
acknowledgement due; or (iv)
if
none of the aforesaid modes of service is practicable, by affixing the notice
or order in some conspicuous part of the last known place of residence or
business of the person concerned. [1] Issued under
Notification GO(P) 636/68/RD dated 29-12-1968 Pub in K.G. No. 14 dated
18-4-1969 as SRO 142/69. [2] Substituted by SRO
No. 182/71 Pub in K.G. No. 23 dated 15-6-1971. [3] Omitted by SRO No.
143/82 Pub. in K.G.No. 6 dated 9-2-1982. [4] Substituted by SRO
No. 182/71 Pub in K.G. No. 23 dated 15-6-1971. [5] Substituted by SRO
No. 182/71 Pub in K.G. No. 23 dated 15-6-1971. [6] Substituted by SRO
No. 182/71 Pub in K.G. No. 23 dated 15-6-1971. [7]
Substituted by ibid [8]
Substituted by ibidTHE KERALA STAMP (PREVENTION OF
UNDER VALUATION OF INSTRUMENTS) RULES, 1968
PREAMBLE