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.