UTTAR PRADESH STAMP (VALUATION OF PROPERTY) RULES, 1997
PREAMBLE
[1]In exercise of powers under Section
27,47-A and 75 of the India Stamp Act, 1899 (Act No. II of 1899) the Governor
is pleased to make the following rules :--
Rule
- 1. Short title and
commencement.
(1)
These rules may be called
the Uttar Pradesh Stamp (Valuation of Property) Rules, 1997.
(2)
They shall come into force
with effect from the date of their publication in the Gazette.
Rule
- 2. Definitions.
In these rules, unless there is anything repugnant in the subject
of context:-
(a)
"Act" means the
Indian Stamp Act, 1899 (Act No. II of 1899);
(b)
"Authorized
agent" means.-
(i)
a person holding a power of
attorney authorizing him to act on behalf of, and in the name of, his
principal, or
(ii)
a person empowered by
written authority under the hand of his principal;
(c)
"Countryside
area" means an area other than urban area or semi-urban area; -
(d)
"Commercial
building" means commercial establishment or shop as defined respectively
in Clause (4) and Clause (16) of Section 2 of the Uttar Pradesh Dookan Aur
Vanijya Adhisthan Adhiniyam, 1962;
(e)
"Industrial
development area" means an area as defined under Clause (d) of Section 2
of the Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act No. 6 of
1976);
(f)
"Referring
officer" means a Court or any of the following :--
(i)
Commissioner of Stamps; or
(ii)
Additional Commissioner of
Stamps; or
(iii)
Deputy Commissioner of
Stamps; or
(iv)
Assistant Commissioner of
Stamps; or
(v)
An officer authorized by
the Board of Revenue under Section 47-A of the Act;
(vi)
"Registering
Officer" means the Registrar or Sub-Registrar appointed under the
Registration Act, 1908 (Act No. VI of 1908).
(g)
Semi-urban area means an
area—
(i)
other than the urban area
declared as development area under Section 3 of the Uttar Pradesh Urban
Planning and Development Act, 1973;
(ii)
other than the urban area
to which Avas Evam Vikas Parishad Adhiniyam, 1965 is applicable;
(iii)
of two kilometres width of
revenue villages peripheral to an urban area not covered by Clause (i) or
Clause (ii);
(iv)
falling under a
transitional area as defined under the United Provinces Municipalities Act,
1916,
(h)
"Section" means a
section of the Act;
(i)
"Sub-district"
means a sub-district formed under sub-section (1) of Section 5 of the
Registration Act, 1908 (Act No. VI of 1908);
(j)
"Urban Area"
means an area—
(i)
comprised in metropolitan
area or a municipal area as defined in the Uttar Pradesh Municipal Corporations
Act, 1959; or
(ii)
comprised in a smaller
urban area as defined in the United Provinces Municipalities Act, 1916; or
(iii)
comprised in a contonment
as defined under Section 3 of the Contonments Act, 1924; or
(iv)
demarcated for industrial,
commercial and residential purposes by the concerned Industrial Development
Authority under Clause (c) of sub-section (2) of Section 6 of the Uttar Pradesh
Industrial Area Development Act, 1976.
Rule
- 3. Facts to be set forth in
an instrument.
In case of an instrument relating to immovable property chargeable
with an ad valorem duty, the following particulars shall also be fully and
truly stated in the instrument in addition to the market value of the
property--
(1)
In case of land—
(a)
included in the holding of
a tenure-holder, as defined in the law relating to land tenures :--
(i)
the Khasra number and area
of each plot forming part of the subject-matter of the instrument;
(ii)
whether irrigated or
unirrigated and if irrigated, the source of irrigation;
(iii)
if under cultivation
whether do-fasali or otherwise;
(iv)
land revenue or rent
whether exempted or not and payable by such tenure-holder;
(v)
classification of soil,
supported in case of instruments exceeding twenty thousand rupees in value, by
the certified copies, or extracts from the relevant revenue records issued in
accordance with law;
(vi)
location (whether lies in
an urban area, semi-urban area, or countryside); and
(vii)
minimum value fixed by the
Collector of the district.
(b)
being non-agricultural land
:--
(i)
area of land in square
metres;
(ii)
minimum value fixed by the
Collector of district;
(iii)
location (whether lies in
urban area, semi-urban area, or countryside).
(2)
In case of grove or garden—
(a)
the nature, size, number
and age of trees;
(b)
annual recorded land
revenue or where the grove is not assessed to any revenue or is exempt from it
the annual rent and/or premium if let out, otherwise the average annual income
which has arisen from it during the three years immediately set proceeding the
date of the instrument;
(c)
area covered by grove or
garden;
(d)
location (whether lies in
urban area, semi-urban area or countryside).
(3)
In case of buildings-
(a)
total covered area and open
land, if any, in square metres;
(b)
number of storeys, area and
covered area of cash storey in square metres;
(c)
whether pucca or katchha
construction;
(d)
year of construction;
(e)
actual annual rent;
(f)
annual value assessed by
any local body and the amount of bourse tax payable thereon, if any;
(g)
nature of building, whether
non-commercial or commercial; and
(i)
in case the building is
non-commercial, its minimum value of construction as fixed by the Collector of
the district; and
(ii)
in case the building is
commercial, its minimum monthly rent per square metre of covered area-fixed by
the Collector of the district; and
(iii)
location (whether lies in
urban area, semi-urban area or countryside).
Rule
- 4. Fixation of minimum rate for valuation of
land, construction value of noncommercial building and minimum rate of commercial
building.
The Collector of the district shall biennially, as far as possible
in the month of August, fix the minimum value per acre/per square metre of
land, the minimum value per square metre of construction of non-commercial
building and the minimum monthly rent per square metre of commercial building,
situated in different parts of the district taking into consideration the
following facts—
(a)
in case of land—
(i)
classification of soil;
(ii)
availability of irrigation
facility;
(iii)
proximity to road, market,
bus station, railway station, factories, educational institutions, hospitals
and Government offices; and
(iv)
location with reference to
its situation in urban area, semi urban area or country-side.
(b)
in case of non-commercial
building—
(i)
cost of material used in
the construction of building;
(ii)
labour charges;
(iii)
type of construction, age
and the depreciation of buildings.
(c)
In case of commercial
building—
(i)
prevailing rent in
locality; and
(ii)
nature of economic activity
in the locality.
(1)
The Collector of the
district may, suo motu or an application made to him in this behalf, on being
satisfied about the incorrectness of the minimum value of land or of the
construction of non-commercial building of the minimum rent of a commercial
building fixed by him under sub-rule (1), for reasons recorded in writing,
revise the same within a period of two years from the date of fixation of
minimum value or rent as the case may be.
(2)
The Collector of the
district shall after fixing the minimum value per acre/per square metre of
land, and of the construction of non-commercial building and the minimum rent
per square metre of commercial building under sub-rule (1), send a statement
in there parts to the Registrar. The first part of such statement shall contain
the division of each sub-district of the district under his jurisdiction into
urban area, semi-urban area and the countryside, the second part shall specify
the minimum value of land situated in different parts of the sub-district and
the third part shall contain, in the case of the noncommercial building the
minimum value of construction and in the case of commercial building the
minimum rent fixed under sub-rule (1).
(3)
The Registrar shall supply
copies of statement mentioned in sub-rule (3) to the Sub-Registrars under his
control and shall also forward a copy of the same to the Inspector-General of
Registration, Uttar Pradesh.
(4)
Every Registering Officer
shall cause a copy of the above statement to the affixed on the notice board
outside the registration Office.
Rule
- 5. Calculation of minimum value of land,
grove, garden and building.
For the purposes of payment of stamp duty, the minimum value of
immovable property forming the subject of an instrument shall be deemed to be
such as may be arrived at as follows :--
|
(a) In
case of land |
Minimum
value |
|
Where
agricultural or non-agricultural |
Area of
land multiplied by minimum value fixed by Collector or the district under
Rule 4. |
|
(b) In
case of grove or garden |
Minimum
value of the land as worked out in the manner laid down in Clause (a) plus
the value of the trees standing thereon worked out on the basis of the
average price of the trees of the same nature, size and age prevailing"
in the locality on the date of the instrument; |
|
(i) if
assessed to revenue |
|
|
(ii) if
not assessed to revenue or is exempted from it and is rented. |
Twenty
times the annual rent plus the premium, if any, plus the value of trees
standing thereon determined in accordance with sub-clause (i); |
|
(iii)
if not assessed to revenue or is exempted from it, and profit has arisen
during three years immediately proceeding the date of the instrument. |
Twenty
times the average annual profit plus the value of the trees standing thereon
determined in accordance with sub-clause (i); |
|
(iv) if
no assessed to revenue or exempted from it and no profit has arisen during
the three years immediately proceeding the date of the instrument. |
Twenty
times the assumed annual profit plus the value of the trees standing thereon
determined in accordance with sub-clause (i). |
|
(c)
Case of buildings |
|
|
(i)
Non-commercial building. |
Minimum
value of land whether covered by the construction or not, which is subject
matter of instrument as worked out under Clause (a) plus the value of
construction of building arrived at by multiplying the constructed area of
each floor of the building by the minimum value fixed by the Collector of the
district under Rule 4; |
|
[2][(ii) Three hundred times the minimum monthly rent of the
building, which is the subject matter of the instrument, calculated by
multiplying the constructed area of each floor of the building with the
minimum rent fixed by the collector of the district under Rule 4.] |
|
Rule
- 6. Statement of market value to be furnished
to the Registering Officer.
(1)
The party presenting an
instrument relating to immovable property chargeable with an ad valorem duty,
shall submit along with the instrument a statement in duplicate in the Form
appended to these rules.
(2)
The Registering Officer may
call for any additional information from the concerned parties or call for and
examine any record maintained by a public officer or authority.
(3)
The Registering Officer
shall forward one copy of the Form received by him under sub-rule 1 to the
concerned Deputy Commissioner of Stamps or Assistant Commissioner of Stamps as
the case may be.
Explanation.--(1) If an instrument relates to different kinds of
properties the market value of each such property shall be specified
separately.
(2) If an instrument covers more than one immovable properties
situated at different places, market value of each property shall be specified
separately.
Rule
- 7. Procedure on receipt of a reference or when
suo-motu action is proposed under Section 47-A.
(1)
On receipt of a reference
or where action is proposed to be taken suo motu under Section 47-A, the
Collector shall issue notice to parties to the instrument to show cause within
thirty days of the receipt of such notice as to why the market value of the
property set forth in the instrument and the duty payable thereon be not determined
by him.
(2)
The Collector may admit
oral or documentary evidence, if any, produced by the parties to the instrument
and call for and examine the original instrument to satisfy himself, as to the
correctness of the market value of the subject-matter of the instrument and for
determining the duty payable thereon.
(3)
The Collector may—
(a)
Call for any information or
record from any public office, officer or authority under the Government or a
local authority;
(b)
Example and record the
statement of any public officer or authority under the Government or the local
authority; and
(c)
Inspect the property after
due notice to parties to the instrument.
(4)
After considering the
representation of the parties, if any and mining the records and other
evidence, the Collector shall determine the market value of the subject-matter
of the instrument and the duty payable thereon.
(5)
If, as a result to such
inquiry, the market value is found to be fully and truly set forth and the
instrument duly stamped according to such value, it shall be returned to the
person who made the reference with a certificate to that effect. A copy of such
certificate shall also be sent to the Registering Officer concerned.
(6)
If, as a result of inquiry,
the instrument is found to be under valued and not duly stamped, necessary
action shall be taken in respect of it according to relevant provisions of the
Act.
Rule
- 8. Appearance through advocate or authorized
agent.
In any inquiry under these rules, any of the parties to the
instrument may appear in person or through an advocate or an authorized agent.
Rule
- 9. Service of notices, etc.
(1)
All notices, orders and
other documents required to be served upon any person shall be deemed to be
duly served :--
(a)
Where the person to be
served is a company, if it is addressed to the secretary of the company at its
registered office or at its principal office or place of business and is either
:--
(i)
sent by registered post; or
(ii)
delivered at the registered
officer or at the principal office or place of business of the company.
(b)
Where the person to be
served is a firm, if it is addressed to the firm at its principal place of
business, identifying it by the name or style under which its business is
carried on and is either—
(i)
sent by registered post; or
(ii)
delivered at the said place
of business.
(c)
Where the person to be
served is a public body or a corporation or society or other body, if it is
addressed to the secretary, treasurer or other chief officer of that body corporation
or society or other body at its principal office, and is either—
(i)
sent by registered post; or
(ii)
delivered at that office.
(d)
in any other case, if it is
addressed to the person, to be served, and (1) is given or tendered to him or
his authorized agent; or
(iii)
is sent by registered post
to that person; or
(iv)
if such person cannot be
found and notice or order or the document sent to him through registered post
is received back undelivered, is affixed on some conspicuous part of his last
known place of residence or business, or is given or tendered to some adult
member of his family.
Rule
- 10. Fine for breach of rule.
A breach of any of these rules by any party to an instrument shall
be punishable with not exceeding rupees five hundred.
Rule
- 11. Repeal and saving.
Rules 340, 340-A, 341, 342, 343, 344, 345, 346, 347, 348, 349,
350, 351 and 352 of Chapter XV of the U.P. Stamp Rules, 1942 are hereby
repealed :
Provided that the repeal shall not attract the previous operation
of the repealed rules or anything duly done or suffered thereunder:
Provided further that anything done or any action taken or orders
made or notification or directions, issued shall be deemed to have been taken
made or issued or done under the corresponding provisions of these rules.