महाारााष्ट्र शाासन रााजपत्र असाधाारण भााग पाच-अ, माचच १८, २०२५/फााल्गुन २७, शकेे १९४६

)१(

LX of

1958.

LX of

1958.

L. A. BILL No. XXIII OF 2025.

A BILL

further to amend the Maharashtra Stamp Act.

WHEREAS it is expedient further to amend the Maharashtra Stamp Act

for the purposes hereinafter appearing; it is hereby enacted in the Seventy-sixth

Year of the Republic of India as follows :—

1. This Act may be called the Maharashtra Stamp (Amendment) Act, 2025.

2. In section 4 of the Maharashtra Stamp Act (hereinafter referred to as

“the principal Act”), in sub-section (1), for the words “one hundred rupees” the

words “five hundred rupees” shall be substituted.

3. In section 10 of the principal Act,–

Short title.

Amendment

of section 4 of

LX of 1958.

Amendment

of section 10

of LX of 1958.

RNI No. MAHBIL /2009/40123

महाारााष्ट्र� शाासन रााजपत्र

असाधाारण भााग पाच-अ

वर्षष ११, अंक ४]

मंगळवार, माचच १८, २०२५/फााल्गुन २७, शकेे १९४६

[पृष्ठेे ७, किं�ंमत : रुपयेे ३६.००

असाधाारण क्रमांं�क ४

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानसभेत व महाारााष्ट्र वि�धाानपरि�षषदेेत सादर केेलेेली वि�धेेयकेे (इंंग्रजी अनुवाद).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the 18th March

2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—

भााग पााच-अ-४–१

(1) for sub-section (3), the following sub-section shall be substituted,

namely :—

“(3) (a) Notwithstanding anything contained in sub-section (1),

the Chief Controlling Revenue Authority shall by notification in the

Official Gazette, specify the instruments in Schedule I in respect of

which the duties chargeable, as specified in column (2) of the said

Schedule shall be paid,—

(i) by means of franking machine ; or

(ii) by e-payment, in Virtual Treasury through Government

Receipt Accounting System (G.R.A.S.) or in any Bank Account

specified in the Official Gazette by the said Authority in this behalf

through any permissible net banking mode.

(b) Any duties paid by e-payment shall be indicated,–

(i) by an endorsement to that effect made on the instrument

by the proper officer duly notified by the Chief Controlling

Revenue Authority for this purpose; or

(ii) in case of consolidated payment for electronic record

pertaining to such instruments by the certificate issued by such

proper officer; or

(iii) by e-stamp certificate issued through electronic means

and mode as may be prescribed by the Chief Controlling Revenue

Authority.

not issued the certificate or the e-stamp certificate has not been issued

through the prescribed electronic means and mode, as the case may

be, under clause (b), then the mere e-payment under clause (a) shall

not be treated as duty paid for any of the purposes of the Act.

(d) The procedure to regulate the use of e-payment, endorsement

or certification by proper officer and generation of e-stamp certificate

shall be such as the Chief Controlling Revenue Authority may by an

order determine.”;

(2) sub-section (3A) shall be deleted ;

(3) in sub-section (4),—

(i) after the words “endorsement made” the words and letter

“, certificate issued or e-stamp certificate generated” shall be inserted;

(ii) after the words “in the endorsement” the words and letter

“,certificate or e-stamp certificate” shall be inserted.

4. In section 10D of the principal Act,—

(1) for sub-section (3), the following sub-section shall be substituted,

namely:-

“(3) It shall be the duty of the proper officer so authorised under

sub-section (2) to make an endorsement on the instrument after

defacing the challan, as follows :—

Amendment

of section 10D

of LX of 1958.

“Stamp duty of Rs. ..................... paid by e-Challan, vide

GRN No. ............ CIN..........., dated the ..................

Seal of the Office.

Signature of the Officer.” ”;

(2) in the proviso, after the word, brackets and letters “Receipt

(e-SBTR)” the words, letter, brackets and figure “ or e-stamp certificate

generated under sub-section (3)” shall be inserted.

5. In section 31 of the principal Act,—

(1) in sub-section (1), for the words “a fee of one hundred rupees” the

words “a fee of one thousand rupees” shall be substituted ;

(2) after sub-section (1), the following proviso shall be inserted,

namely :—

‘‘Provided that, after commencement of the Maharashtra Stamp

(Amendment) Act, 2025, in respect of executed instruments, no

application shall be accepted for adjudication, unless the person has

deposited with the Collector,—

(i) where the stamp duty is chargeable on the market value

of the property, which is the subject matter of such instrument,

the amount of difference between the stamp duty chargeable as

per the value of consideration stated in the instrument or the

market value of such property according to the person, whichever

is higher and the stamp duty already paid on the instruments; and

(ii) in other cases, the amount of difference between the

stamp duty chargeable according to the person and the stamp

duty already paid on the instruments :

Provided further that, the Collector shall adjust such deposited

amount against the stamp duty finally determined and refund the

excess amount deposited, if any, to the person depositing it within a

period of forty-five days, without any interest.”.

Amendment

of section 31

of LX of 1958.

Mah.

......... of

2025.

भााग पााच-अ-४–१अ

STATEMENT OF OBJECTS AND REASONS

With a view to give effect to the proposals contained in the Budget Speech

for the year 2025-2026, the Government considers it expedient to amend the

Maharashtra Stamp Act (LX of 1958).

2. The amendments proposed to the Maharashtra Stamp Act (hereinafter

referred to as “the Stamp Act”) are as under :–

(i) Section 4 of the Stamp Act is proposed to be amended with a view to

increase rate of stamp duty, which is fixed long ago at the nominal amount

of rupees one hundred, to rupees five hundred, in case of supplementary

document if more than one document is used to complete the transaction.

(ii) Sections 10 and 10D of the Stamp Act are proposed to be amended

with a view to facilitate online mode for payment (e-payment) and

“certificate of stamp duty” in State Government Treasury a new provision

for “e-stamp certificate”, so that people can pay stamp duty online at

anytime from anywhere.

(iii) Sub-section (1) of section 31 of the Stamp Act is proposed to

be amended with a view to increase the adjudication fee from Rs. 100 to

Rs. 1000 for chargeability of the instrument, applying to have the opinion

of the Collector and to provide for depositing the certain amount of stamp

duty specified therein while filing application for adjudication of executed

instrument.

3. The Bill seeks to achieve the above objectives.

Mumbai,

CHANDRASHEKHAR BAWANKULE,

Dated the 17th March, 2025.

Minister for Revenue.

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power,

namely :–

Clause 3(1).—Under this clause, which seeks to substitute the existing

sub-section (3) of section 10 of the Maharashtra Stamp Act,—

(i) in clause (a), power is taken to the Chief Controlling Revenue

Authority, to specify, by notification in the Official Gazette, the instruments

in Schedule I in respect of which the duties chargeable, as specified in

column (2) of the said Schedule shall be paid by means of franking machine

or e-payment in Virtual Treasury through Government Receipt Accounting

System (G.R.A.S.) or in any Bank Account specified therein ;

(ii) in clause (b), power is taken to the Chief Controlling Revenue

Authority, to prescribe, the electronic means and mode through which the

e-stamp certificate for e-payment of duty may be generated;

(iii) in clause (d), power is taken to the Chief Controlling Revenue

Authority to determine, by an order, the procedure to regulate the use of

e-payment, endorsement or certification by proper officer and generation

of e-stamp certificate.

2. The above-mentioned proposals for delegation of legislative power are

of normal character.

FINANCIAL MEMORANDUM

The Bill proposes to amend sections 4, 10, 10D and 31 of the Maharashtra

Stamp Act (LX of 1958), so as to give effect to the proposals contained in the

Budget Speech for the financial year 2025-2026. 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.

GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF THE

CONSTITUTION OF INDIA

(Copy of Government of Maharashtra Order, Law and Judiciary Department)

In exercise of the power conferred upon him by clause (1) of Article 207 of

the Constitution of India, the Governor of Maharashtra is pleased to recommend

to the Maharashtra Legislative Assembly, the Introduction of the Maharashtra

Stamp (Amendment) Bill, 2025.

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.

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai,

Secretary (1) (I/C),

Dated the 18th March, 2025.

Maharashtra Legislative Assembly.