L. C. BILL No. VII OF 2026.
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-seventh
Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Stamp (Second Amendment)
Act, 2026.
2. In section 53A of the Maharashtra Stamp Act, to sub-section (1), the
following proviso shall be added, namely :—
“Provided that, where a notice for initiating proceedings has been
issued within the abovementioned period of six years, then such proceedings
shall not lapse by reason of the expiry of the said period and shall continue
till the final order is passed by the Chief Controlling Revenue Authority
in such proceedings.”.
LX of
1958.
LX of
1958.
Short title.
Amendment
of section 53A
of LX of 1958.
RNI No. MAHBIL /2009/40123
महाारााष्ट्रट शाासन रााजपत्र
असाधाारण भााग पाच–अ
वर्षष १२, अंक १२(२) ]
बुुधवाार, मार्चच १८, २०२६/फााल्गुन २७, शकेे १९४७
[पृष्ठेे २, किं�ंमत : रुपयेे ३६.००
असाधाारण क्रमांं�क २१
प्रााधि�कृृत प्रकााशन
महाारााष्ट्र वि�धाानसभेत व महाारााष्ट्र वि�धाानपरि�षषदेेत सादर केलेेली वि�धेेयकेे (इंंग्रजी अनुवाद).
————————
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill which was introduced in the Maharashtra Legislative Council on 18th March,
2026 is published under Rule 113 of the Maharashtra Legislative Council Rules :—
)१(
भाग पाच–अ-२१–१
2
महाराष्ट्रõ शासन रा
असाधारण भाग पाच–अ, मार्च १८, २०२६/फाल्गुन २७, शके १९
STATEMENT OF OBJECTS AND REASONS
The Chief Controlling Revenue Authority (CCRA) under section 53A of the
Maharashtra Stamp Act (LX of 1958) may, within a period of six years from the
date of certificate of the Collector, initiate proceedings for recovery of deficit
stamp duty and order the recovery of such deficit duty, if any.
2. The instruments not duly stamped are found in the inspections carried
out by the Offices of the Auditor General and Inspector General of Registration
and Controller of Stamps. The Collector of Stamps also reports to CCRA such
instruments which are not duly stamped either by mistake or otherwise. The
inspections or reports may be made or received within different periods from
the date of certificate of the Collector. After such inspections or reports, the
revision proceedings under the said section 53A for recovery of stamp duty are
initiated at different times during the stipulated period of six years.
3. The Bombay High Court in the case of Sony Mony Electronics Limited
vs. State of Maharashtra (Writ Petition No. 2757 of 2012) has vide judgement
dated 7.08.2025, held that the period of six years provided in section 53A(1)
should be read to mean that the order of recovery should be passed within the
said time frame.
Although notices initiating such quasi-judicial revision proceedings are
issued within the stipulated period of six years, sometimes such cases remain
pending beyond the said period due to complicated issues relating to fixation
of stamp duty and procedural requirements such as issuing notices, production
of concerned instruments by the parties, personal hearing to parties, etc. Such
revision proceedings involve large amount of revenue of the State. If such cases
could not be disposed of within stipulated period after their initiation, then it
would lead to substantial loss of revenue of the State.
4. Therefore, in the interest of revenue of the State, the Government
considers it necessary to amend the said section 53A(1) to provide that where
a notice initiating proceedings under section 53A(1) has been issued within the
period of six years, then such proceedings shall not lapse and shall continue
till the final order is passed.
5. The Bill seeks to achieve the above objectives.
Mumbai,
CHANDRASHEKHAR BAWANKULE,
Dated the 17th March 2026.
Minister for Revenue.
Vidhan Bhavan :
Dr. VILAS ATHAWALE,
Mumbai,
Secretary-3,
Dated the 18th March, 2026.
Maharashtra Legislative Council.
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.