UTTAR PRADESH COURT FEE, STAMP AND
REGISTRATION LAWS (AMENDMENT) ACT, 1980
Preamble - UTTAR PRADESH COURT FEE,
STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1980
THE UTTAR PRADESH COURT FEE, STAMP AND REGISTRATION
LAWS (AMENDMENT) ACT, 1980
[Act No. 06 of 1980]
[4th March, 1980]
PREAMBLE
An Act further to amend the Court Fees Act, 1870, the
Indian Stamp Act, 1899 and the Registration Act, 1908, in their application to
Uttar Pradesh
it
is HEREBY enacted in the Thirty-first Year of the Republic of India as
follows:--
Chapter I - PRELIMINARY
Section 1 - Short title, extent and commencement
(1) This Act may be called the Uttar Pradesh Court Fee,
Stamp and Registration Laws (Amendment) Act, 1980.
(2) It extends to the whole of Uttar Pradesh.
(3) Section 10 of this Act shall come into force at
once, section 11 thereof shall come into force on such date as the State
Government may, by notification appoint in this behalf, and the remaining
sections shall be deemed to have come into force on November 21, 1979.
Chapter II - AMENDMENT OF THE COURT FEES ACT, 1870
Section 2 - Amendment of section 6 of Act no. VII of 1870
In
section 6 of the Court Fees Act, 1870 as amended in its application to Uttar
Pradesh, hereinafter, in this Chapter referred to as the principal Act--
(a) in sub-section (1), in the first proviso, for the
words "the United Provinces Tenancy Act, 1939, or the United Provinces
Land Revenue Act, 1901", the words "any law relating to land tenures
or land revenue" shall be substituted;
(b) in sub-section (6), for the words "Chief
Inspector of Stamps" the words "Commissioner of Stamps" shall be
substituted.
Section 3 - Amendment of section 6-A
In
section 6-A of the principal Act, in sub-section (3), for the words "Chief
Inspector of Stamps", the words "Commissioner of Stamps" shall
be substituted.
Section 4 - Amendment of section 6-B
In
section 6-B of the principal Act, in sub-section (1), for the words "Chief
Inspector of Stamps", the words "Commissioner of Stamps" shall
be substituted.
Section 5 - Substitution of section 24-A
For
section 24-A of the principal Act, the following section shall be substituted,
namely:--
"24-A. Control of Court fee and Stamp
Commissioner.
(1) The levy of fees under this Act shall be under the
general control and superintendence of the Chief Controlling Revenue Authority,
who may be assisted in the supervision thereof by the Commissioner of Stamps
and by as many Additional Commissioners of Stamps, Deputy Commissioners of
Stamps and Assistant Commissioners of Stamps as the State Government may
appoint in this behalf or by any other subordinate agency appointed for the
purpose.
(2) The Officers and the agency referred to in
sub-section (1) shall have access to all records, and shall be furnished with
all such information as may be required by them for the performance of their
duties under this Act."
Chapter III - AMENDMENT OF THE INDIAN STAMP ACT, 1899
Section 6 - Amendment of section 33 of Act no 11 of 1899
In
section 33 of the Indian Stamp Act, 1899, as amended in its application to
Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act,--
(i) in sub-section (2), in the proviso, in clause (a),
for the words and figures "Chapter XII or Chapter XXXVI of the Code of
Criminal Procedure, 1898", the words and figures "sections 125 to 128
and sections 145 to 148 of the Code of Criminal Procedure, 1973" shall be
substituted;
(ii) after sub-section (2), for the existing
sub-sections, the following sub-sections shall be substituted, namely:--
"(3)
For the purposes of this section the State Government may in cases of doubt,
determine what offices shall be deemed to be public offices and who shall be
deemed to be persons in charge of public offices.
(4)
Where deficiency in stamp duty paid is noticed from the copy of any instrument,
the Collector may suo motu or on a reference from any court or from the
Commissioner of Stamps or an Additional Commissioner of Stamps or a Deputy
Commissioner of Stamps or an Assistant Commissioner of Stamps or any officer
authorised by the Board of Revenue in that behalf, call for the original
instrument for the purpose of satisfying himself as to the adequacy of the duty
paid thereon, and the instrument so produced before the Collector shall be
deemed to have been produced or come before him in the performance of his
functions.
(5)
In case the instrument is not produced within the period specified by the
Collector, he may require payment of deficit stamp duty, if any, together with
penalty under section 40 on the copy of the instrument:
Provided
that no action under sub-section (4) or sub-section (5) shall be taken after a
period of four years from the date of execution of the instrument."
Section 7 - Amendment of section 35
In
section 35 of the principal Act, in the proviso in clause (d), for the words
and figures "Chapter XII or Chapter XXXVI of the Code of Criminal
Procedure, 1898", the words and figures "sections 125 to 128 and
sections 145 to 148 of the Code of Criminal Procedure, 1973" shall be
substituted.
Section 8 - Amendment of section 47-A
In
section 47-A of the principal Act, in sub-section (4), for the words
"Chief Inspector of Stamp, Uttar Pradesh or any officer of the Stamp
Department of the Board of Revenue", the words "Commissioner of
Stamps or an Additional Commissioner of Stamps or a Deputy Commissioner of
Stamps or an Assistant Commissioner of Stamps or any officer authorised by the
Board of Revenue in that behalf" shall be substituted.
Section 9 - Amendment of section 61
In
section 61 of the principal Act, in sub-section (1), for the words and figures
"Chapter XII or Chapter XXXVI of the Code of Criminal Procedure,
1898," the words and figures "sections 125 to 128 and sections 145 to
148 of the Code of Criminal Procedure, 1973" shall be substituted.
Section 10 - Insertion of new section 73-A
After
section 73 of the principal Act, the following section shall be inserted,
namely:--
"73-A. Collector's power to authorise officer
to enter premises and inspect certain documents.
(1) Where the Collector has reason to believe that all
or any of the instruments specified in Articles 5 and 43 of the Schedule 1-B
have not been charged at all or have been incorrectly charged with duty
leviable under this Act, he may authorise in writing any officer to enter upon
any premises where the Collector has reason to believe that any registers,
books, records, papers, documents or proceedings relating to or in connection
with any such instrument are kept and to inspect them, and to take such notes and
extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining
such registers, books, records, papers, documents or proceedings shall at all
reasonable times, permit such officer to inspect them and to take such notes
and extracts as he may deem necessary."
Section 11 - Amendment of Schedule 1-B
In
Schedule 1-B of the principal Act--
(a) in Article 15 (Bond), in the column relating to the
"Proper Stamp Duty", for the words set out in Column 1 of the table
below, the words set out respectively against them in Column 2 of the table
below, shall be substituted:--
|
Column 1
(Existing
words)
|
Column 2
(Words to
be substituted)
|
|
Forty-five
paise .. ..
|
Fifty
paise.
|
|
One rupee
..
|
Two
rupees.
|
|
Three
rupees and seventy-five paise ..
|
Four
rupees and twenty-five paise.
|
|
Seven
rupees and fifty paise ..
|
Eight
rupees and fifty paise.
|
|
Eleven
rupees and twenty-five paise ..
|
Twelve
rupees and seventy-five paise.
|
|
Fifteen
rupees ..
|
Seventeen rupees.
|
|
Eighteen
rupees and seventy-five paise.
|
Twenty-one
rupees and twenty-five paise.
|
|
Twenty-two
rupees and fifty paise ..
|
Twenty-five
rupees and fifty paise.
|
|
Twenty-six
rupees and twenty-five .. paise.
|
Twenty-nine
rupees and seventy-five paise.
|
|
Thirty
rupees ..
|
Thirty-four
rupees.
|
|
Thirty-three
rupees and seventy-five .. paise.
|
Thirty-eight
rupees and twenty-five paise.
|
|
Thirty-seven
rupees and fifty paise ..
|
Forty-two
rupees and fifty paise.
|
|
Eighteen
rupees and seventy-five .. paise.
|
Twenty-one
rupees and twenty-five paise.
|
(b) in Article 23 (Conveyance), in the column relating
to "Proper Stamp Duty", for the figures set out in Column 1 of the
table below, the figures set out respectively against them in Column 2 of the
table below, shall be substituted:--
|
Column 1
|
Column 2
|
|
(Existing
figures)
|
(Figures
to be substituted)
|
|
Rs. P.
|
Rs. P.
|
|
2.00
|
4.00
|
|
7.50
|
8.50
|
|
15.00
|
17.00
|
|
22.50
|
25.50
|
|
30.00
|
34.00
|
|
37.50
|
42.50
|
|
45.00
|
51.00
|
|
52.50
|
59.50
|
|
60.00
|
68.00
|
|
67.50
|
76.50
|
|
75.00
|
85.00
|
|
37.50
|
42.50
|
(c) in Article 48 in clause (f), for the words "in
any other case" the following words shall be substituted,--
"When
authorising more than ten persons to act jointly and severally in more than one
transaction or generally."
Chapter IV - AMENDMENT OF THE REGISTRATION ACT, 1908
Section 12 - Amendment of section 8 of Act XVI of 1908
In
section 8 of the Registration Act, 1908 as amended in its application to Uttar Pradesh--
(i) in sub-section (1), for the words "Inspectors
of Registration Offices" the words "Assistant Inspector General of
Registration" shall be substituted.
(ii) in sub-section (2), for the words
"Inspector", the words "Assistant Inspector General" shall
be substituted.
Chapter V - MISCELLANEOUS
Section 13 - Repeal and savings
(1) The Uttar Pradesh Court Fee, Stamp and Registration
Laws (Amendment) Ordinance, 1979 (U.P. Ordinance no. 24 of 1979), is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under any of the Acts mentioned in Chapters II, III and IV as
amended by the Ordinance referred to in sub-section (1), shall be deemed to
have been done or taken under the corresponding provisions of the aforesaid
Acts, as amended by this Act, as if the provisions of this Act were in force at
all material times.