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UTTAR PRADESH STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1981

UTTAR PRADESH STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1981

UTTAR PRADESH STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1981

Preamble - UTTAR PRADESH STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1981

THE UTTAR PRADESH STAMP AND REGISTRATION LAWS (AMENDMENT) ACT, 1981

[Act No. 19 of 1981]

[23rd October, 1981]

PREAMBLE

An Act further to amend the Indian Stamp Act, 1899 and the Registration Act, 1908 in their application to Uttar Pradesh.

It is hereby enacted in the Thirty-second 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 Stamp and Registration Laws (Amendment) Act, 1981.

 

(2)     It extends to the whole of Uttar Pradesh.

 

(3)     It shall be deemed to have come into force on August 1, 1981.

Chapter II - AMENDMENT OF THE INDIAN STAMP ACT, 1899

 

Section 2 - Amendment of section 2 of Act II of 1899

In section 2 of the Indian Stamp Act, 1899 as amended in its application to Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act, in clause (10), the following Explanation shall be inserted in the end, namely:--

"Explanation--An instrument whereby a co-owner of a property having defined share therein, transfers such share or part thereof to another co-owner of the property, is for the purposes of this clause an instrument by which property is transferred."

Section 3 - Amendment of section 11

In section 11 of the principal Act, in clause (c), after the words "State Bar Council of Uttar Pradesh" the words "and certificates of enrolment issued to Revenue Agents or Mukhtars" shall be inserted.

Section 4 - Amendment of Schedule I-B

In Schedule I-B to the principal Act,--

(a)      in Article 8, in clause (b), in the second column for the words "Thirty-seven rupees and fifty paise" the words and figures "the same duty as a Bond (no. 15) for Rs. 1,000" shall be substituted;

 

(b)      in Article 12, in clause (c), in the second column, for the words "Thirty-seven rupees and fifty paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be substituted;

 

(c)      for Article 18, the following Article shall be substituted column-wise as indicated below:--

In the column pertaining to description of instrument

In the column pertaining to proper stamp duty

"18. Certificate of sale (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a court or by an officer, authority or body empowered under any law for the time being in force to sell such property by public auction and to grant such Certificate."

"The same duty as a conveyance (no. 23), for a consideration equal to the amount of the purchase money only."

(d)      in Article 46,--

 

(i)       in Part A, in clause (b), in the second column, for the words "One hundred and fifty rupees" the words and figures "The same duty as a Bond (no. 15) for Rs. 4,000" shall be substituted;

 

(ii)      in Part B, in the second column, for the words "Thirty-seven rupees and fifty paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be substituted;

 

(e)      in Article 54, in clause (b), in the second column, for the words "Seventy-five rupees" the words and figures "The same duty as a conveyance (no. 23) for Rs. 1,000" shall be substituted;

 

(f)       in Article 55, in clause (b), in the second column, for the words, "One hundred rupees" the words and figures "The same duty as a Bond (no. 15) for Rs. 3,000" shall be substituted;

 

(g)      in Article 57, in clause (b), in the second column, for the words "Thirty-seven rupees and seventy-five paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be substituted;

 

(h)     in Article 61?

 

(i)       in clause (a), in the first column, for the words "Thirty-seven rupees and seventy-five paise" the words and figures "the duty chargeable on a conveyance for a consideration of Rs. 500" shall be substituted;

 

(ii)      in clause (b), in the second column, for the words, "Thirty-seven rupees and seventy-five paise" the words and figures "The same duty as a conveyance (no. 23) for a consideration of Rs. 500" shall be substituted.

 

(i)       in Article 64, in Item B, in the second column, for the words "Seventy-five rupees" the words and figures "the duty payable on a Bond (no. 15) for Rs. 2,000" shall be substituted.

Chapter III - AMENDMENT OF THE REGISTRATION ACT, 1908

 

Section 5 - Amendment of section 6 of Act no. 16 of 1908

In section 6 of the Registration Act, 1908, hereinafter in this chapter referred to as the principal Act, the following proviso shall be inserted in the end, namely:--

"Provided that the State Government may delegate subject to such restrictions and conditions as it thinks fit, to the Inspector-General of Registration, the power of appointing Sub-Registrars."

Section 6 - Amendment of section 18

In section 18 of the principal Act, in clause (c), the words and figures "and leases exempted under section 17" shall be omitted.

Section 7 - Omission of section 18-A

Section 18-A of the principal Act shall be omitted.

Section 8 - Amendment of section 28

In section 28 of the principal Act--

(a)      the words, figures and letters "sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2)" shall be omitted.

 

(b)      for the words, figures and letters "section 18, clauses (a), (b), (c) and (cc)" the words, figures and letters "every document mentioned in section 18, clause (c)" shall be substituted.

Section 9 - Amendment of section 50

In section 50 of the principal Act,--

(a)      in sub-section (1), after the words, figures and letters "and clauses (a) and (b) of section 18" the words and figures "as these clauses stood before their omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976" shall be inserted;

 

(b)      in sub-section (2), after the words and figures "proviso to sub-section (1) of section 17" the words and figures "as the proviso stood before its omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976" shall be inserted.

Section 10 - Amendment of section 51

In section 51 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:--

"(5) ?Where due to fire, tempest, flood, excessive rainfall, violence of any army or mob or other irresistible force, any or all of the books specified in sub-section (1) are destroyed or become illegible either wholly or partially and the State Government is of the opinion that it is necessary or expedient so to do, it may, by order, direct such book or such portion thereof as it thinks fit, to be re-copied, authenticated or reconstructed in such manner as may be prescribed, and the copy so prepared, authenticated or reconstructed shall, for the purposes of this Act and of the Indian Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion."

Section 11 - Amendment of section 52

In section 52 of the principal Act, in sub-section (1), the Explanation occurring after clause (c) shall be omitted.

Section 12 - Amendment of section 62

In section 62 of the principal Act, the Explanation occurring after sub section (1) shall be omitted.

Section 13 - Amendment of section 69

In section 69 of the principal Act, in sub-section (1), for clause (hh), the following clause shall be substituted, namely--

"(hh) regulating the manner in which translations to be delivered under section 19 shall be prepared and in which they shall be declared to be faithful translations;"

Section 14 - Amendment of section 82

In section 82 of the principal Act, for clause (b), the following clause shall be substituted, namely--

"(b) ?intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or"

Chapter IV - MISCELLANEOUS

 

Section 15 - Repeal and savings

(1)     The Uttar Pradesh Stamp and Registration Laws (Amendment) Ordinance, 1981 (U.P. Ordinance no. v of 1981) is hereby repealed.

 

(2)     Notwithstanding such repeal, anything done or any action taken under any of the Acts mentioned in Chapters II and III 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.