Uttar Pradesh Stamp (Repeal) Act, 2019
[U.P . Act 10 of 2019] [2nd August, 2019]
CONTENTS
1. Short title
2. Repeal of U.P . Act No. 17 of 2010 |
Statement of Objects and Reasons
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An Act to repeal the Uttar Pradesh Stamp Act, 2008.
IT IS HEREBY enacted in the Seventieth Year of the Republic of India as follows:—
## Section 1. Short title.—This Act may be called the Uttar Pradesh Stamp (Repeal) Act, 2019.
## Section 2. Repeal of U.P . Act No. 17 of 2010.—The Uttar Pradesh Stamp Act, 2008 is hereby repealed.
Statement of Objects and Reasons
The Uttar Pradesh Stamp Act, 2008 (U.P . Act No. 17 of 2010) has been enacted but could not be commenced for want of a notification by the administrative department under sub-section (3) of section 1 of the said Act to appoint a date on which the said Act shall come into force. The administrative department could not issue die notification as aforesaid due to too many errors in Hindi and English version of the said Act.
It has, therefore, been decided to repeal the said Act by introducing a Bill in the State Legislature.
The Uttar Pradesh Stamp (Repeal) Bill, 2019 is introduced accordingly.
NOTES
Uttar Pradesh Stamp Act, Schedule, Rules, Notifications, Websites.—See Uttar Pradesh Stamp Act, Schedule, Rules, Amendments, Notifications, Circle Rates, etc., outlined or dealt with in respective Parts of this book. For Full T exts and Continuing Updating see Government of Uttar Pradesh websites . Stamp and Registration Department . eGazette, Department of Printing and Staionery website .
Stamp Duty and Registration Fees in Uttar Pradesh are regulated under the Indian Stamp Act, 1899 [the Central Act 2 of 1899) and the Indian Registration Act, 1908 and the Rules framed thereunder as applicable in Uttar Pradesh Stamp Duty and Registration Fees are leviable on execution of instruments at the prescribed rates fixed under Sch 1 -B as substituted in Uttar Pradesh
Valuation of properties are decided as per Circle Rates fixed by the Collector of the District under the provisions of the Uttar Pradesh Stamp (Valuation of Property) Rules, 1997
PRERNA (Property Evaluation and Registration Application) Software was introduced by the Registration Department in Uttar Pradesh on 01-08-2006 for Computerisation of registration process with the objectives of on the spot registration, better monitoring of revenue collection, standardisation of the language of deed document, increased transparency in the system, electronic valuation of property, electronic storage of deeds, proper valuation of the properties and minimising the revenue leakage, automatic issue of reminders for mutations and single window service It was designed by National Informatics Centre (NIC) for the Government of Uttar Pradesh
Uttar Pradesh E-Stamping Rules, 2013.—Government of Uttar Pradesh also notified the Uttar Pradesh E-Stamping Rules, 2013 vide Notification, dated 21-02-2013, for implementation of e-Stamping system in Uttar Pradesh In May 2013 Government appointed M/s Stock Holding Corporation of India Ltd (SHCIL) as a Central Records Keeping Agency (CRKA)
SHCIL acts as a vendor of e Stamp and deposited the stamp duty so collected into Government Account SHCIL was paid a fixed percentage of commission from the State Government on the amount of stamp duty so collected and deposited The issue of e-Stamps in the State was started by SHCIL from 13 July 2013 The e-Stamping system was introduced in 169 SROs in 2013 In remaining 185 SROs, it was introduced from 1 January 2016
E-Stamping of Instruments in State(s) [the SHCIL e-Stamping website].—See the Stock Holding Corporation of India Ltd (SHCIL) e-Stamping website for
(1) Lists of Articles for Stamp Duty on Instruments, Form and Procedure
(2) List of Compulsonly Registrable Documents of respective State(s)
(3) List of Optionally Registrable Documents in respective State(s)
(4) Name and Complete Postal Address of IGRs/Deputy Commissioners/Registrars
(5) List of SHCIL Branches or offices for Stamp Duty payment through e-Stamping
(6) Lists of ACC Bank Branches for Payment of Stamp Duty through e-Stamping
(7) Lists of ACC Stamp Vendors for Payment of Stamp Duty through e Stamping
[See | the Stock Holding Corporation of India Ltd (SHCIL) website | https// |
www.stockholding.com. and and SHCIL e-Stamp Services or e-Stamping website https// www.shcdestamp.com]
The Indian Stamp Act, 1899 (Central Act 2 of 1899).—The Indian Stamp Act, 1899 (2 of 1899) (the Central Act or the principal Act) applies to die whole of India including Jammu and Kashmir The words “except the State of Jammu and Kashmir”have now been omitted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), section 95 and the Fifth Schedule (w.e.f. 31-10-2019)
The Indian Stamp Act, 1899 (2 of 1899) is a fiscal statute laying down the law relating to tax levied in the form of Stamp Duty on Instruments recording Transactions Stamp duty on instruments specified in Entry 91 of List I—Union List of Schedule VII to the Constitution of India (viz Rates of stamp duty m respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts) is levied by the Union or the Central Government under the Central Act
Stamp duties on the Instruments or Transactions other than those mentioned in Entry 91 of List I—Union List above are levied by the States as per Entry 63 of List II—State List of Sch VII to the Constitution of India (viz- Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty
Provisions other than those relating to Rates of Stamp Duty fall within the legislative power of both the Union and the States by virtue of Entry 44 of List II—Concurrent List of the said Schedule VII to the Constitution of India (viz Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty) Stamp duties on all the instruments are collected and kept by the Concerned States
Every State in India has either passed its own State Stamp Act or modified the Indian Stamp Act, 1899 (the Central Act or principal Act) in its application to the State or adopted or adapted with modifications in Schedule of Rates of Stamp Duty of the Indian Stamp Act, 1899 by notifying suitable changes
[See the Government of India, the Ministry of Finance, Department of Revenue official website https//dor.gov.in and respective State(s) Government, Department of Revenue official website(s) referred to under appropriate discussions in this book]
Rates of Stamp Duty in Schedule 1 or 1-A of the Central or State Acts.—Levy of Stamp Duty is a State subject under the Constitution of India except as to Rates of Stamp Duty payable on Instruments or Documents, viz., (1) Bill of Exchange, (2) Cheque, (3) Promissory Note, (4) Bill of Lading, (5) Letter of Credit, (6) Policy of Insurance, (7) Transfer of Shares, (8) Debenture, (9) Proxy and (10) Receipt which are Central subject under Entry 91 of List I of Schedule VII to the Constitution of India.
Rates of Stamp Duty are prescribed in various Articles of Schedule I to the Indian Stamp Act, 1899 (the Central Act 2 of 1899) or Articles of Schedule in respective
State(s) having enacted their own State Stamp Acts. The State(s) not having their own Stamp Act have either adopted Schedule I of the Central Act 2 of 1899 or adapted, amended arid modified this Schedule I as Schedule I-A in its application in the State with suitable changes in the Rates of Stamp Duty in various Articles of Schedule I to the Central Act or the principal Act in its application in the respective State(s).
Sections and Schedule 1 of the Indian Stamp Act, 1899 (2 of 1899) [the Central Act or principal Act] with State Amendments) and Acts are annotated in respective parts of this book.
Certain Articles in Schedule 1-A of the Indian Stamp Act, 1899 (2 of 1899) as adapted and amended in respective State(s) or under the State Stamp Acts refer Proper Stamp Duty as “Same as in Schedule-I”. These rates shall be as prescribed in Schedule I to the Indian Stamp Act, 1899 (Central Act 2 of 1899).
Stamp Duty, e-Stamp Duty or e-Stamping.—Stamp Duty is now more popularly called or known as eStamp Duty or eStamping, as the Central Government as well as all the State Government(s) have now made ePayment of Stamp Duty mandatory in recent years, in the backdrop of notorious Telgi's Stamp Duty or Stamp Papers fraud case to plug the loophole. This has been facilitated by the Central and State(s) official websites on account of influx and advancement in Information T echnology (IT), Computers, Internet, Website(s) and e-Commerce in this Electronic or e-World.
Sections and Articles of Scheduled of the Indian Stamp Act, 1899 (2 of 1899) [the Central Act or principal Act] with State Amendments, Acts, Schedules 1 or 1-A adopted, amended or adapted in respective State(s) and eStamping Rules prescribed in various State(s) have been annotated with the Central and State(s) Governments official websites and portals in respective parts of this book.
Indian Stamp Act, 1899 (Central Act 2 of 1899): Recent Amendments by the Finance Acts, 2019 to 2021.—The Indian Stamp Act, 1899 (the Central Act 2 of 1899) has been amended by recent the Finance Acts in 2019, 2020 and 2021 outlined below and fully dealt with under respective Sections and Articles of Schedule I to the Indian Stamp Act, 1899 (the Central Act 2 of 1899) in this book.
Stamp Duty on Issue, Sale or Transfer of Securities [the Indian Stamp Act, 1899 (2 of 1899) amended by the Finance Act, 2019 (7 of 2019) (w.e.f. 1-7-2020).—Sections and Schedule I of the Indian Stamp Act, 1899 (2 of 1899) (the Central Act) has been amended by the Finance Act, 2019 (7 of 2019) (w.e.f. 1-7-2020) relating to Stamp Duty on Issue, Sale or Transfer of Securities to Rationalization of Stamp Duty and Zero Evasion Collection Mechanism in respect of Securities Market Instruments.
In Chapter II of the Indian Stamp Act, 1899 (2 of 1899), after Part A relating to ‘Of the liability of instruments to duty’, Part AA—'Of the liability of instruments of transaction in stock exchanges and depositories to duty' comprising Sections 9A-9B of the Indian Stamp Act, 1899 (2 of 1899) has been inserted by the Finance Act, 2019 (7 of>2019),
section 15 (w.e.f. 1-7-2020), further section 9A(2) proviso has been inserted by the Finance Act, 2020 (12 of 2020), section 143 (w.e.f. 1-4-2020).
See detailed Notes under Sections 9A-9B in Chapter II of the Indian Stamp Act, 1899 (2 of 1899) read with relevant Sections 2, 4, 8A, 21, 29, 73A and Articles 19, 27, 28, 36 and 56A of Schedule I of the Indian Stamp Act, 1899 (2 of 1899) amended by the Finance Act, 2019 (7 of 2019) (w.e.f. 1-7-2020) under respective Sections and Articles of the Indian Stamp Act, 1899 (Central Act 2 of 1899) fully dealt with in respective opening part of this book.
Indian Stamp Act, 1899 amended by the Finance Act, 2020 (12 of 2019) (w.e.f. 1-4-2020).—See also Sections 9A(2) proviso and 73B of the Indian Stamp Act, 1899 (2 of 1899) inserted by the Finance Act, 2020 (12 of 2019) (w.e.f. 1-4-2020) in the opening part of this book.
Schedule I of Central Act and 1-A or 1-B of certain State(s).—See T exts and Notes on Articles of Schedule I of the Central Act Corresponding Article of Schedule 1-A or 1-B substituted for Schedule I of the Central Act in application to the State(s), e.g., Andhra Pradesh, T elangana, Arunachal Pradesh, Bihar, Jharkhand, Chhattisgarh, Goa, Madhya Pradesh, Nagaland, Orissa, Punjab, Haryana, Delhi, Himachal Pradesh, Uttar Pradesh, West Bengal, etc., dealt with in respective part of this book.
Schedule of State(s) having own Stamp Act.—See Schedule of Rates of Stamp Duty in certain State(s) having their own State(s) Stamp Acts and Schedule I, viz., Maharashtra, Gujarat, Jammu and Kashmir, Karnataka, Kerala & Rajasthan in respective Appendix D-l to D-7 of this part.
State(s) Acts relating to Surcharge on Stamp Duty.—See extracts of the State(s) Acts relating to Surcharge on Stamp Duty imposing additional levy or surcharge for specific purposes and for purposes of the State(s) Municipal or Local Bodies under respective earlier Appendix A of this book.
See State of Uttar Pradesh (UP) Acts under respective part of aforesaid Appendix.
Central and States Stamp, Valuation and e-Stamping Rules.—See the Central and State(s) Stamp, Valuation or Prevention of Under-valuation of Instruments Rules and ePayment of Stamp Duty or e-Stamping Rules under respective earlier Appendix B of this book
See State of Uttar Pradesh (UP) Rules under respective part of aforesaid Appendix
Reductions and Remissions.—See Reductions and Remissions Notifications of the Central and State(s) Governments in preceding Appendix C in respective later part of this book
See State of Uttar Pradesh (UP) Notifications under respective part of aforesaid Appendix
State Stamp Acts and Schedules.—See State(s) Stamp Acts and Schedules of Rates of Stamp Duty dealt with under respective Appendix D in this part of the book as follows
(1) The Maharashtra Stamp Act, 1958 (Maharashtra Act 60 of 1958) [rename of the Bombay Stamp Act, 1958 (Bom Act LX of 1958)] [Appendix D-l]
(2) The Gujarat Stamp Act, 1958 (Bom LX of 1958) [Appendix D-2]
(3) The Jammu and Kashmir Stamp Act, 1977 (XL of Svt 1977)[Appendix D-3]
(4) The Karnataka Stamp Act, 1957 (Kar Act 34 of 1957) [Appendix D-4]
(5) The Kerala Stamp Act, 1959 (Ker Act No 17 of 1959) [Appendix D-5]
(6) The Rajasthan Stamp Act, 1998 (Act No 14 of 1999) [Appendix D-6]
(7) The Uttar Pradesh Stamp (Repeal) Act, 2019 (10 of 2019) [Appendix D-7] (this Appendix)
[Disclaimer: All initiatives have been taken to make database in respect of Stamp Duty and eStampmg as authentic as possible However, esteemed and learned readers or users must always refer to respective Central or State(s) Stamp Acts, Amendment Acts, Annual Finance Acts, Schedules, Revised Rates, Notifications, Guidelines, Rules, eStampmg Rules, etc, from original Gazettes and Official Website(s) of respective Central or State Government(s), Revenue Department or Authonties for authentic versions]
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1. Uttar Pradesh Legislature assented by the Governor on August 2, 2019.