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1
REVENUE AND FORESTS DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 9th February 2021.
MAHARASHTRA ORDINANCE No. I OF 2021.
AN ORDINANCE
further to amend the Maharashtra Stamp Act.
WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that
circumstances exist which render it necessary for him to take immediate
action further to amend the Maharashtra Stamp Act, for the purposes
hereinafter
appearing;
LX of
1958.
In pursuance of clause (3) of article 348 of the Constitution of India,
the following translation in English of the Maharashtra Stamp (Amendment
and Validation) Ordinance, 2021 (Mah. Ord. I of 2021), is hereby published
under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
BHUPENDRA M. GURAO,
I/C. Secretary (Legislation) to Government,
Law and Judiciary Department.
(Translation in English of the Maharashtra Stamp (Amendment and
Validation) Ordinance, 2021 (Mah. Ord. I of 2021), published under the
authority of the Governor).
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(1)
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NOW, THEREFORE, in exercise of the powers conferred by clause
(1) of article 213 of the Constitution of India, the Governor of Maharashtra
is hereby pleased to promulgate the following Ordinance, namely:—
1. This
Ordinance
may
be
called
the
Maharashtra
Stamp
(Amendment and Validation) Ordinance, 2021.
(2) It shall come into force at once.
2. For section 5 of the Maharashtra Stamp Act (hereinafter referred
to as “the principal Act”), the following section shall be substituted
and shall be deemed to have been substituted with effect from the
11th August 2015, namely:—
“5. Any instrument comprising or relating to several distinct
matters or transactions shall be chargeable with the aggregate
amount of the duties with which separate instruments, each
comprising or relating to one of such matters or transactions, would
be chargeable under this Act.”.
3. In SCHEDULE I appended to the principal Act,—
(a) in article 6,—
(i) in clause (1), in sub-clause (b), in column (2), for the
figures and words “0.2 per cent. of” the figures and words
“0.3 per cent. of” shall be substituted;
(ii) in clause (2), in sub-clause (b), in column (2), for the
figures and words “0.2 per cent. of” the figures and words
“0.3 per cent. of” shall be substituted;
(iii) after clause (2), the following clause shall be added,
namely:—
“(3) The instrument falling
Five hundred rupees.”;
under this article when
executed as a collateral or
auxiliary or additional
security and where the
proper duty has been paid
on the Principal or Primary
security under this article.
(b) in article 40, for clause (b), the following clause shall
be substituted, namely:—
“(b) when possession is not
given or agreed to be given as
aforesaid,—
(i) if the amount secured by
0.1 per cent. of the
such deed does not exceed
amount secured by
rupees five lakhs,
such deed, subject to
minimum of one
hundred
rupees;
(ii) in any other cases,
0.3 per cent. of the
amount secured by
such deed, subject to
maximum of ten lakh
rupees;”.
Short title and
commencement.
Substitution of
section 5 of LX
of 1958.
LX of
1958.
Instuments
relating to
several distinct
matters or
transactions.
Amendment of
SCHEDULE I of
LX of 1958.
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4. (1) Notwithstanding anything contained in any judgement, decree
or order of any court to the contrary or in the principal Act, stamp
duty assessed, levied and collected, including any action taken in
pursuance of such assessment, levy and collection by the authorities
under the said Act, acting or purporting to act under the provisions
of section 5 and articles 6 and 40 in the Schedule I to the principal
Act shall be deemed to have been validly levied and collected in
accordance with law as if the provisions of the said section 5 and
articles 6 and 40, as amended by the Maharashtra Stamp (Amendment
and Validation) Ordinance, 2021 (hereinafter in this section referred
to as “the Amendment Ordinance”) had been continuously in force at
all material time and accordingly,—
(a) all actions, proceedings or things done or taken by the
authorities under the principal Act in connection with the levy
and collection of the stamp duty shall for all purposes, be deemed
to have been done or taken in accordance with the provisions
of the principal Act;
(b) no suit or other proceedings shall be maintainable or
continued in any court, against the said authorities for the refund
of the stamp duty so levied and collected;
(c) no court or any other authority shall enforce any decree
or order directing the refund of the stamp duty so levied or collected.
(2) For the removal of doubts, it is hereby declared that nothing
in sub-section (1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the
principal Act as amended by the Amendment Ordinance, any
assessment, reassessment, levy or collection of stamp duty referred
to in sub-section (1), or
(b) from claiming refund of any stamp duty paid by him under
the principal Act, in excess of the amount due from him by way
of stamp duty under the principal Act, as amended by the Amendment
Ordinance.
Validation.
Mah.
Ord. I of
2021.
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STATEMENT
Section 5 of the Maharashtra Stamp Act (LX of 1958) (hereinafter
referred to as “the said Act”) provides that any instrument comprising
or relating to several distinct matters shall be chargeable with the
aggregate amount of the duties with which separate instruments, each
comprising or relating to one of such matters, would be chargeable
under that Act. Section 5 of the Gujarat Stamp Act, 1958, as amended
in the year 2007, covers instrument comprising of or relating to distinct
transactions also, which has been upheld by the Hon’ble Supreme Court
in its judgement dated the 11th August 2015 in Civil Appeal No. 6054
of 2015. The Bombay High Court has, while interpreting section 5
of the said Act, in Writ Petition No. 8014 of 2019, vide its order
dated the 11th September 2019, held that the phrase ‘distinct matters’
appearing therein is equivalent to the phrase ‘distinct transactions’.
In order to bring clarity in the provisions of said section 5 about
charging stamp duty in respect of any instrument comprising or relating
to several distinct transactions, the section 5 of the said Act is proposed
to be amended, suitably, to specifically include “distinct transactions”
therein, on the lines of the amendment made in the Gujarat Stamp
Act, 1958.
2. The stamp duty in respect of an instrument evidencing mortgage
by deposit of the title deeds and simple mortgage deed is chargeable
as per articles 6(1) and 40 in Schedule I of the said Act, respectively.
The stamp duty chargeable on the instruments under said article 6(1)
is less than that chargeable under said article 40.
From the documents registered during the period from the year
2013 to 2019, it is noticed that number of documents evidencing mortgage
by deposit of title deeds are increasing.
Due to the difference in charging stamp duty, sometimes
documents are drafted in such a way that, even though the nomenclature
of the document indicates mortgage by deposit of title deed, it attempts
to cover simple mortgage. Such documents creates difficulties in
adjudication of amount of proper stamp duty chargeable for them under
the said Act.
With a view to enable execution of agreement relating to mortgage
by deposit of title deeds, certain towns are notified by the State of
Maharashtra, in exercise of the powers conferred by clause (f) of section
58 of the Transfer of Property Act, 1882 (4 of 1882), from time to
time. However, due to increase in transactions, a need is felt to notify
new towns for the purposes of clause (f) of the said section 58. Where
a town is not notified under the said clause (f), the citizens are burdened
to opt for execution of simple mortgage deed instead of mortgage
by deposit of title deeds for which the stamp duty chargeable under
the said Act is more.
In view of the above, it is considered expedient to bring uniformity
in stamp duty chargeable on the instruments of mortgage by deposit
of title deeds and simple mortgage deed under the said articles 6
and 40, respectively. For that purpose, the said articles 6 and 40
in Schedule I appended to the said Act are proposed to be amended,
suitably.
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3. As both Houses of the State Legislature are not in session
and the Governor of Maharashtra is satisfied that circumstances exist
which render it necessary for him to take immediate action further
to amend the Maharashtra Stamp Act (LX of 1958), for the purposes
aforesaid, this Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 5th February 2021.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
DR. NITIN KAREER,
Additional Chief Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR,
RUPENDRA DINESH MORE.