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Rajasthan Stamp (Amendment) Act, 2004
[Rajasthan Act 7 of 2004][10th August, 2004]

CONTENTS

1. Short title and commencement

2. Amendment of Section 2, Rajasthan Act No. 14 of 1999

3. insertion of new Section 9-A, Rajasthan Act No. 14 of 1999

4. Amendment of Section 32, Rajasthan Act No. 14 of 1999

5. Amendment of Section 55, Rajasthan Act No. 14 of 1999

6. Amendment of Section 58, Rajasthan Act No. 14 of 1999

7. Amendment of Sections 67, 68, 69 and 70, Rajasthan Act No. 14 of 1999

8. Amendment of the Schedule, Rajasthan Act No. 14 of 1999

9. Repeal and savings

 

An Act to amend the Rajasthan Stamp Act, 1998.

Be it enacted by the Rajasthan State Legislature in the Fifty-fifth Year of the Republic of India, as follows:—

1. Short title and commencement.—(1) This Act may be called the Rajasthan Stamp (Amendment) Act, 2004.

(2) It shall be deemed to have come into force on and from 27th day of May, 2004.

2. Amendment of ## Section 2, Rajasthan Act No. 14 of 1999.—In Section 2 of the Rajasthan Stamp Act, 1998 (Act 14 of 1999), hereinafter referred to as the principal Act, the existing clause (xxxvi) shall be deleted.

3. insertion of new ## Section 9-A, Rajasthan Act No. 14 of 1999.—After Section 9 and before Section 10 of the principal Act, the following new section shall be inserted, namely:—

9-A. Power to reduce or remit penalty or interest.—The State Government, if satisfied that it is necessary to do so in the public interest, may, by notification published in the Official Gazette, reduce or remit the penalty or interest or both imposed or chargeable under this Act.”.

4. Amendment of ## Section 32, Rajasthan Act No. 14 of 1999.—In Section 32 of the principal Act, the expression “and” appearing at the end of clause (f) thereof shall be deleted and after clause (f), so amended, the following new clause shall be inserted, namely:—

“(ff) in the case of a works contract or a sub-contract by the contractor or sub contractor, as the case may be; and”,

5. Amendment of ## Section 55, Rajasthan Act No. 14 of 1999.—In sub-section (4) of Section 55 of the principal Act, for the existing word “refuse”, the words “refute” shall be substituted.

6. Amendment of ## Section 58, Rajasthan Act No. 14 of 1999.—In Section 58 of the principal Act, for the existing expression “Section 60”, the expression “Section 59” shall be substituted.

7. Amendment of ## Sections 67, 68, 69 and 70, Rajasthan Act No. 14 of 1999.—In Sections 67, 68, 69 and 70 of the principal Act,—

(i) for fee existing expressions “Tax Tribunal”, wherever occurring, the expressions “High Court” shall be substituted; and

(ii) for the existing expressions “Tribunal”, wherever occurring, the expressions “Court” shall be substituted.

8. Amendment of the Schedule, Rajasthan Act No. 14 of 1999.—In the Schedule of the principal Act,—

(a) in Article 4, for the existing expression “Five rupees” appearing under column No. 2, the expression “Ten rupees” shall be substituted:

(b) in Article 5, after the existing clause (b) and before the existing clause (c), the following clauses shall be inserted, namely:—

   “(bb) if relating to purchase or sale of an immovable property, when possession is neither given nor agreed to be given.

 

Three percent of the total consideration of the property as set forth in the agreement or memorandum of agreement:

Provided that the stamp duty paid on such agreement shall at the time of the execution of a conveyance in pursuance of such agreement subsequently be adjusted towards the total amount of duty chargeable on the conveyance deed is executed within three years from the date of agreement

   (bbb) if relating to secure the repayment of a loan or debt

made by, a bank or Finance Company.

 

0.1 percent of the amount of loan or debt.

   (bbb) if relating to giving authority or power to a promoter or a developer, by whatever name called, for construction on, or development of, any immovable property:

 

One percent of the market value of the property,”;

(c) for the existing Article 6, the following shall be substituted, namely:—

  “6. Agreement or any other document (memorandum etc.) relating to the deposit of title deeds, pawn or pledge i.e. any documentary proof relating to:—

 

 

   (1) the deposit of title deeds or instruments, constituting or being evidence of the title to any property whatever, other than a marketable security; or

 

 

   (2) the pawn or pledge of movable property, where such deposit, pledge has been: made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt,—

 

 

   (a) if such loan or debt is repayable on demand or more” than three months from the date of the instrument evidencing the agreement or proof of deposit of title deeds.

 

01. percent of the amount of loan or debt.

   (b) if such loan or debt is repayable not more than three months from the date of such instrument.

 

Half the duty payable under clause (a) for the amount secured.

Exemption:—Instrument of pawn or pledge of agricultural produce, if unattested.”;

(d) in Article 21, For the existing clause (i), the following shall be substituted, namely:—

“(i) if relating to immovable property.

 

Eleven percent of the market value of the property.”;

(e) In Article 33,—

(i) for the existing clause (b), the following shall be substituted, namely:—

   “(b) where the lease is granted for a fine or premium or for money advanced or development charges advanced or security charges advances and where no rent is reserved:—

 

 

   (i) where the lease purports to be for a term of not more than twenty years.

 

The same duty as on a conveyance (No. 21) for a consideration equal to the amount or value of such fine, premium, advance as set forth in the lease.

   (ii) where the lease purports to be for a term in excess of twenty years, or in perpetuity or where the term is not mentioned.

 

The same duty as on a conveyance (No. 21) on the market value of the property which is the subject matter of the lease.”;

(ii) for the existing clause (c), the following shall be substituted, namely:—

   “(c) where the lease is granted for a fine or premium of for money advanced or development charges advanced or security charges advanced in addition to rent reserved,—

 

 

   (i) where the lease purports to be for a term of not more than twenty years.

 

The same duty as on a conveyance (No. 21) for consideration equal to the amount or value of such fine premium, or advance and amount of average rent of two years as set form in the lease.

   (ii) where the lease purports to be for a term in excess of twenty years, or in perpetuity or where the term is not mentioned.

 

The same duty as on a conveyance (No. 21) on the market value of the property which is the subject matter of the lease.”;

(iii) after clause (c) so substituted, the following proviso shall be inserted, namely:—

   “Provided that in any case when an agreement to lease, is stamped with the stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed ten rupees.”:

 

 

(f) in Article 37, in column No. 2 against clause (b), for the existing expression “(No. 16)” the expression “(No. 14)” shall be substituted;

(g) in Article 39, for the existing expression “Five rupees” appearing under column No. 2 the expression “Ten rupees” shall be substituted;

(h) in Article 44, after the existing clause (c) and before the existing clause (d), the following new clause shall be inserted, namely:—

   “(cc) when authorizing any person (except a power of attorney executed in favour of father or mother or brother or sister or wife or husband or son or daughter or grandson or grand daughter) to transfer any immovable property,”;

 

Rupees five hundred.”;

(i) in Article 48, for the existing clause (a), the following shall be substituted, namely.—

   “(a) If the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (children of renouncer's parents) or son or daughter or son of predeceased son or father or mother, or spouse of the renouncer or the legal heirs of the above relatives.

 

One hundred rupees.”; and

(j) after the existing Article 57, the following new Article shall be inserted, namely:—

   “58. Works contract that is to say a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a subcontract:—

 

 

   (a) Where the amount or value set forth in such contract does not exceed Rs. 10 lacs.

 

One hundred rupees.

   (b) Where it exceeds Rs. 10 lacs but does not exceed Rs. 50 lacs.

 

Five hundred rupees.

   (c) Where it exceeds Rs. 50 lacs

 

One thousand rupees.”.

9. Repeal and savings.—(1) The Rajasthan Stamp (Amendment) Ordinance, 2004 (Ordinance No. 5 of 2004) is hereby repealed.

(2) Notwithstanding such repeal all actions taken or orders made under the principal Act as amended by the said Ordinance shall be deemed to have been taken ox made under the principal Act as amended by this Act.