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Maharashtra Gazette · Government of Maharashtra

Part VIII Extra No. 68 (23-12-2021) L. A. Bill No. XXXVII of 2021, Further to amend the Maharashtra Stamp Act

Published 23 December 2021

Type
Extra - Ordinary
Part
Part 8 (English)
Division
CENTRAL SECTION
Identifier
in.gazette.maharashtra.2021-12-23.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-
Languages
English, Marathi
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३ १

RNI No. MAHENG / 2009 / 35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ७, अंक २५(३)] गुरुवार, डिसेंबर २३, २०२१/पौष २, शके १९४३ [ पृष्ठे ६, किंमत : रुपये २७.००

असाधारण क्रमांक ६८

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment) Bill, 2021 (L. A. Bill No. XXXVII of 2021), introduced in the Maharashtra Legislative Assembly on the 23rd December 2021, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

--------------------------------------------

L. A. BILL No. XXXVII OF 2021.

A BILL

further to amend the Maharashtra Stamp Act.

WHEREAS it is expedient further to amend the Maharashtra Stamp LX of 1958.

Act for the purposes hereinafter appearing; it is hereby enacted in the Seventy-second Year of the Republic of India, as follows:—

Short title.

1. This Act may be called the Maharashtra Stamp (Amendment) Act, 2021.

2. In SCHEDULE I appended to the Maharashtra Stamp Act,—

LX of 1958.

Amendment of SCHEDULE I of LX of 1958.

(1) in article 6,—

(a) in clause (1), in sub-clause (b), in column (2),—

(i) for the words "ten lakh rupees" the words "twenty lakh rupees" shall be substituted ;

(१)

भाग आठ--६८----१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३ (ii) the following proviso shall be inserted, namely:– "Provided that, in case of instrument executed in favour of consortium of banks, the duty chargeable shall not exceed fifty lakh rupees.";

(b) in clause (2), in sub-clause (b), in column (2),—

(i) for the words "ten lakh rupees" the words "twenty lakh rupees" shall be substituted;

(ii) the following proviso shall be inserted, namely:– "Provided that, in case of instrument executed in favour of consortium of banks, the duty chargeable shall not exceed fifty lakh rupees.";

(2) in article 33, in clause (b), for sub-clause (ii), the following sub- clause shall be substituted, namely:—

"(ii) if possession is not so given,–

(A) if the amount of further 0.1 per cent. of the amount of charge secured by such deed further charge secured by such does not exceed rupees deed, subject to minimum of one five lakhs, hundred rupees;

(B) in any other case, 0.3 per cent. of the amount of

further charge secured by such

deed, subject to maximum of

twenty lakh rupees.";

(3) in article 40, in clause (b), in sub-clause (ii), in column (2),—

(i) for the words "ten lakh rupees" the words "twenty lakh rupees" shall be substituted;

(ii) the following proviso shall be inserted, namely:—

"Provided that, in case of instrument executed in favour of consortium of banks, the duty chargeable shall not exceed fifty lakh rupees.";

(4) for article 41, the following article shall be substituted, namely :–

"41. MORTGAGE OF CROP,

including any instrument

evidencing an agreement to

secure the repayment of a loan

made upon any mortgage of a

crop whether the crop is or is

not in existence at the time

of mortgage,—

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३ ३

(i) if the amount secured by 0.1 per cent. of the amount

such deed does not exceed secured by such deed, subject

rupees five lakhs, to the minimum of one

hundred rupees;

(ii) in any other case, 0.3 per cent. of the amount

secured by such deed, subject

to the maximum of twenty

lakh rupees.";

(5) for article 54, the following article shall be substituted, namely :–

"54. SECURITY BOND OR

MORTGAGE DEED, where

such security bond or mortgage

deed is executed by way of

security for the due execution

of an office, or to account for

money or other property

received by virtue thereof, or

by a surety to secure the due

performance of a contract, or

in pursuance of an order of

the court or a public officer,

not being otherwise provided

for by the Maharashtra

XXXVI of 1959.

Court-fees Act,—

(i) if the amount secured by 0.1 per cent. of the amount

such deed does not exceed secured by such deed, subject

rupees five lakhs, to the minimum of one hundred

rupees;

(ii) in any other case, 0.3 per cent. of the amount

secured by such deed, subject to

the maximum of twenty lakh

rupees:

Provided that, where on

an instrument executed by a

person for whom a person

stands surety and executes

security bond or a mortgage

deed, duty has been paid under

article 40, then the duty

payable shall be one hundred

rupees.".

भाग आठ--६८----२४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३

Exemptions

Bond or other instrument,

when executed,—

(a) by any person for the

purpose of guaranteeing that

the local income derived from

private subscriptions to a

charitable dispensary or

hospital or any other object

of public utility shall not be

less than a specified sum per

mensem ;

(b) under the rules made by

the State Government under

section 114 of the Maharashtra

Mah. XXVIII of 1976.

Irrigation Act, 1976 ;

(c) by a person taking advance

under the Land Improvement

Loans Act, 1883 or the

Agriculturists Loans Act, 1884

XIX of 1883. XII of 1884.

or by their sureties as security

for the repayment of such

advances ;

(d) by officers of the Government

or their sureties to secure the due

execution of an office or due

accounting for money or

other property received by

virtue thereof.

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३ ५

STATEMENT OF OBJECTS AND REASONS

The stamp duty chargeable on the instrument evidencing mortgage by deposit of title deeds chargeable under article 6 of Schedule I appended to the Maharashtra Stamp Act (LX of 1958) was less than the simple mortgage deed chargeable under article 40 of the said Schedule before commencement of the Maharashtra Stamp (Amendment and Validation) Act, 2021 (Mah. III of 2021) (hereinafter referred to as "the said amending Act"). Therefore, by the said amending Act, the 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, have been made uniform. To accommodate revenue deficit due to the said amendment, maximum stamp duty limit of rupees ten lakh is specified in the said articles 6 and 40 needs to be increased to rupees twenty lakh.

2. In view of the judgement of the Hon'ble Supreme Court in the case of Chief Controller Revenue Authority, Gujarat Vs. Coastal Gujarat Power Limited (Civil Appeal No. 6054 of 2015), section 5 of the said Act have been amended by the said amending Act with a view to levy stamp duty in respect of any instrument comprising or relating to several distinct transactions.

Due to this amendment of section 5, in case of instrument of mortgage by consortium of banks, each bank is liable to pay stamp duty in respect of an amount secured by such deed subject to maximum of ten lakh rupees. The Government, therefore, considers it expedient to specify maximum ceiling of stamp duty of rupees fifty lakh in case of instrument related to mortgage executed in favour of consortium of banks so as to support the industrial and commercial sector and to encourage timely payment of stamp duty.

3. The Government also considers it expedient to amend certain ancillary articles to articles 6 and 40 in respect of mortgage such as article 33 (further charge on mortgage property), article 41 (mortgage of crop) and article 54 (security bond or mortgage deed) to harmonize the levy of stamp duty in respect of mortgage under the said Act.

4. The Bill seeks to achieve the above objectives.

Mumbai, BALASAHEB THORAT,

Dated the 20th December 2021. Minister for Revenue.

६ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २३, २०२१/पौष २, शके १९४३

FINANCIAL MEMORANDUM

Clause 2 of the Bill proposes to amend articles 6, 33, 40, 41 and 54 in Schedule I of the Maharashtra Stamp Act (LX of 1958), with a view to harmonize the levy of stamp duty in respect of mortgage under the said Act. There is no provision in the Bill which would involve the recurring or non-recurring expenditure from the Consolidated Fund of the State on its enactment as an Act of the State Legislature.

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.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 23 December 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2021-12-23.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-/. Archive identifier in.gazette.maharashtra.2021-12-23.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-.