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UTTAR PRADESH PAYMENT OF STAMP DUTY, REGISTRATION FEES THROUGH E-PAYMENT RULES, 2016

UTTAR PRADESH PAYMENT OF STAMP DUTY, REGISTRATION FEES THROUGH E-PAYMENT RULES, 2016

UTTAR PRADESH PAYMENT OF STAMP DUTY, REGISTRATION FEES THROUGH E-PAYMENT RULES, 2016

PREAMBLE

In exercise of the powers under Sections 10, 74 and 75 of the Indian Stamp Act, 1899 (Act No. 2 of 1899) and Section 78 of the Registration Act, 1908 (Act No. 16 of 1908), the Governor is pleased to make the following rules, with a view to providing facility to general public, to pay Stamp Duty and Registration fees through E-Payment--

Rule - 1. Short title, extent and commencement

(1)     These rules may be called the Uttar Pradesh payment of stamp duty, registration fees through e-payment Rules, 2016.

(2)     They shall extend to the whole of Uttar Pradesh.

(3)     They shall come into force with effect from the date of their publication in the Gazette.

Rule - 2. Definition

(1)     In these rules, unless the context otherwise requires--

(a)      "e-payment receipt" means a receipt, which is generated after payment of stamp duty or Registration Fees or other charges in Government treasury through e-payment system in UP Rajkosh by the party to the instrument, having a unique receipt number;

(b)      "Payer" means any person paying stamp duty or Registration Fees or other charges, for an instrument, to which he is a party, through e-payment system;

(c)      "e-payment system" means a system used by the Stamp and Registration Department for online receiving and accounting of Stamp Duty, Registration Fees and other charges through e-payment system;

(d)      "Receipt Identification Number" means the unique receipt number marked in the e-payment receipt, generated through e-payment system;

(e)      "Sub-Registrar" shall mean the Sub-Registrar appointed under Section 6 of Registration Act, 1908;

(f)       "Treasury" means a Treasury in the State of Uttar Pradesh and includes a Sub-Treasury;

(g)      "U.P. Rajkosh" means a system used by the Government Treasury for online receiving and accounting of e-payments made in the Government Treasury;

(2)     Words and Expression used in these rules not defined shall have the meanings assigned to them in the Indian Stamp Act, 1899 and the Registration Act, 1908 in their application to Uttar Pradesh.

Rule - 3. Procedure for e-payment of Stamp duty, Registration fees or other charges

The procedure for e-payment of stamp duty, registration fees or other charges shall be as under--

(a)      Any person desiring to register his document or utilise any services of the Registration Department under the provisions on the Registration Act, 1908 through e-payment may make such payment on the departmental website in such format as may be prescribed. After payment of required duty or fees and deposition of money in the Government Treasury, e-payment receipt would be generated, through e-payment system;

(b)      Presentation of document before sub-registrar--The e-payment receipt with relevant document to be registered may be presented in the concerned office of the Sub-Registrar;

(c)      Duties of Sub-Registrar regarding verification of e-payment receipt--On presentation of a document for registration, the Sub-Registrar shall verify the details and authenticity of the e-payment receipt through e-payment system and shall proceed to lock the e-payment receipt through e-payment system, before registration of such document, so that the e-payment receipt may not be used for any other document;

(d)      Generation of e-payment certificate--After locking of e-payment receipt by the Sub-Registrar, a certificate may be generated through e-payment system. The Sub-Registrar shall, print the said certificate on separate papers, in two copies and take signatures thereon, of the parties of the document. The Sub-registrar shall also sign the said copies and after registration of the document, return the document to the party, enclosing one of these copies with the original document and shall attach other copy with the copy of the document kept in the Sub-Registrar Office.

Rule - 4. Refund of the amount paid through e-payment

(a)      The payer may apply for refund of the amount of e-payment made under these rules, in the prescribed format through e-payment system.

(b)      The application shall be forwarded to the office of the concerned Sub-Registrar. The Sub-Registrar, after verification of details of the e-payment made by the applicant, shall forward it to the Assistant Commissioner Stamp of the District. The Assistant Commissioner Stamp shall complete the procedure of disposal of such application under provisions of the Indian Stamp Act, 1899.