EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1995, CUTTACK, TUESDAY, OCTOBER 30, 2018/KARTIKA 8, 1940

REVENUE & DISASTER MANAGEMENT DEPARTMENT

NOTIFICATION

The 27th October, 2018

S.R.O. No. 433/2018— In exercise of the powers conferred by Section 75 read with

Section 47-A of the Indian Stamp Act, 1899, (No.2 of 1899), the State Government do

hereby make the following rules further to amend the Odisha Stamp Rules,1952,

namely:

1. Short title and Commencement. (1) These rules may be called the Odisha

Stamp (Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the

Odisha Gazette.

2. In the Odisha Stamp Rules, 1952 (hereinafter referred to as the said rules), in

rule 2,

(a) after clause (h), the following clause shall be inserted, namely:

“(h-1)“Engineering Department’’ means the office of the Executive Engineer

(Rural Development), Executive Engineer (Roads and Building), Assistant

Executive Engineer (Roads and Building), Assistant Executive Engineer (Rural

Development), Assistant Executive Engineer (Panchayat Samiti) and any other

such offices as notified by the Government, from time to time”;

(b) for clause (j), the following clause shall be substituted, namely:

“(j) “Set of Market value’’ means the set of values of immovable properties in

different villages, Notified Area Council, Municipalities, Municipal Corporation and

other local areas in the State prepared under rule 41’’; and

“(k) “rural area” means the area which is not urban; ”

“(l) “urban area” means the area covered under Notified Area Council,

Municipalities or Municipal Corporation as notified by the Government,

from time to time;”.

3. In the said rules, in rule 4, for the heading appearing in CHAPTER VI, the

following heading shall be substituted, namely:

“MANNER OF DETERMINATION OF MARKET VALUE”

4. In the said rules, in rule 37, ̶

(i) for clause (a), the following clauses shall be substituted, namely:

“(a) The District Valuation Committee shall consist of 

(i)

The Collector;

Chairman

(ii)

Additional District Magistrate

(District Registrar);

Member-Convener

(iii)

All Sub-Collectors of the District;

Member

(iv)

All Sub-Registrars of the District;

Member

(v)

All Tahasildars of the District;

Member

(vi)

Executive Engineer, (Rural

Development);

Member

(vii)

Executive Engineer, (Roads and

Building);

Member

(viii)

Representative of Municipality or

Corporation;

Member

(ix)

Representative of Development

Authority or Town Planning;

Member

(x)

Two public persons to be nominated

by the Chairman;

Member

(a-i) One of the nominees of the Chairman shall be preferably an

expert valuer or an expert familiar with principles and practices of valuation

of land, buildings and other immovable properties and the tenure of such

nominated members shall be two years”;

(ii) in clause (b), ̶

(a) for item (iv), following item shall be substituted namely:

“(iv) “Assistant Executive Engineer” (Roads and Building) Member”;

and

(b) after item (vi) the following items shall be inserted namely:

“(vii) Assistant Executive Engineer (Rural Development); Member

(viii) Assistant Executive Engineer (Panchayat Samiti); Member.”.

5. In the said rules, for rule 38, the following rule shall be substituted, namely:

“38. Function to be performed by the District Valuation Committee.

The District Level Valuation Committee shall,

(a) analyze the proposed values in Form Nos. 5, 6 and 7 along with

other information received from the Sub-District Valuation Committee under

rule 39 and information collected from appropriate authorities;

(b) compile and analyze the data from statistics in the respective Forms

and determine the market value of the property; and

Government for approval and after approval by the Government, the

Committee shall publish the market values of the property for different areas

of its own District without prejudice to the powers conferred on Collector

under section 47 of the Act.

6. In the said rules, for rule 39, the following rule shall be substituted, namely:

“39. Function of the Sub-District Valuation Committee. The Sub-

District Valuation Committee shall perform the following functions, namely:

(a) it shall compile the data pertaining to the property values

received from concerned Sub-Registrar and for this purpose, at least the data

of average value shall be calculated taking into account fifty per centum of

documents having highest sale instances registered in the Sub-Registrar

office during the last two years;

(b) in case of single sale instance during the last two years, the

extent of land involved in the transaction shall be taken into account for

determining the market value of the property;

shall be not less than one twenty-fifth of an acre when it is homestead land

and not less than one-tenth of an acre when it is agricultural land;

(d) in case of rural area, the extent of land involved in transaction

shall be not less than one fifth of an acre when it is homestead land and not

less than one-half of an acre when it is agricultural land;

(e) if no sale instance of last two years is available, the average

value of the property shall be arrived at making ten per centum increase of

the existing valuation;

(f) the valuation of buildings and structures Reinforced Cement

Concrete (RCC) per square feet shall be calculated as per the rate provided

by the Chief Engineer (Buildings), from time to time, as approved by the

Government;

(g) in case of other buildings, like Autoclaved Cellular Concrete

(ACC) roof etc, the Committee shall obtain report from the Assistant

Executive Engineer (Roads and Building), Assistant Executive Engineer

(Rural Development) or Assistant Executive Engineer of Panchayat Samiti,

as the case may be, on square feet construction cost and submit the report in

Form No. 7;

(h) in case of purchase of lands or plots or houses from

Development Authorities or Housing Board Societies etc., the average value

of the property shall be calculated on the basis of the purchase price of such

plots or land, as the case may be;

(i)

it shall analyze the data collected and shall propose value in

the prescribed form and forward the same to the respective District Valuation

Committee along with the data and information collected.”.

7. In the said rules, for rule 41, following rule shall be substituted, namely:

“41. Procedure for preparation of set of market value. While working

out the values of immovable properties, the respective Committee shall take

into account the principle of valuation mentioned in clause (a) of rule 39 and

Appendix II and such other instructions issued by the Government and

Inspector General of Registration, from time to time.”.

8. In the said rules, for rule 42, the following rule shall be substituted, namely:

“42. Forms. (1) The sale statistics of the property for urban area and

rural area shall be prepared in Form Nos. 5 and 6 respectively and shall be

submitted by the Registering Officer to the Sub-District Valuation Committee.

(2) The Engineering Department shall prepare the sale statistics of the

property in Form No.7 and submit the same to the District Committee as well

as Sub-District Committee.”.

9. In the said rules, for rule 43, following rule shall be substituted, namely:

“43. Supply of set of market value. Set of market value of the

property shall be made available to each Registering Officer by the convener

of the District Valuation Committee.”.

10.

In the said rules, in rule 44, for the expression “market value guidelines”, the

expression “Set of market value of the properties”, shall be substituted.

11.

In the said rules, in rule 46, for the expression “market value guidelines”, the

expression “set of market value of the properties”, shall be substituted.

12. In the said rules, rule 48 shall be omitted.

13.

In the said rules, for Form Nos. 5, 6, 7 and 8 following Forms shall,

respectively, be substituted, namely:

Form No.5

(See rule 42)

Sale statistics of the property for urban area

Name of Tahasil:

Name of Registration office:

Name of

the

City/Town

Ward No.

Name of

Locality/Street

Value per Sqr. Feet and Per Dec.

Residential

Commercial

All other

projects

(1)

(2)

(3)

(4)

(5)

(6)

Signature of Competent Authority

Form No.6

(See rule 42)

Sale statistics of the property for rural area

Name of Tahasil:

Name of Registration office:

Name of the Village:

Irrigated

Non-irrigated

Class- I

Land

Value per

acre

Class-II land

Value per

acre

Class II (all other

agricultural land)

(1)

(2)

(3)

(4)

(5)

Non-irrigated

Value per

acre

All other

land

Value per

acre

Ghar Bari

Value per

acre

Bari

Value per

acre

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Signature of Competent Authority

Form No.7

(See rule 39 and 42(2))

Sale statistics of the property by the Engineering Departments

Name of Tahasil:

Name of Registration office:

Name of the

City/Town

Value per Sqr. feet

R.C.C.

Asbestos

Tin Sheets

Other Types

(1)

(2)

(3)

(4)

(5)

Signature of Competent Authority”

14. In the said rules, for Appendix II, following Appendix shall be substituted,

namely: ̶

“APPENDIX II

(See rule 41)

PRINCIPLES FOR DETERMINATION OF MARKET VALUE

For the purpose of providing some principles for the valuation of property, some

characteristics are listed below for consideration. Once a particular property is classified,

set of market value can be assigned with relatively greater assurance. While the

characterization preferred below cannot be called exhaustive of the various facts of a

property, it must be noted that it is necessary to be selective in choosing a few

characteristics out of many for the system to be practicable.

(a) In the case of land, the following may be considered namely:—

(i) Classification (Kisam) in the settlement register;

(ii) value of adjacent land or lands in the vicinity;

(iii) the number of crops, the nature of crops raised in a year on the land,

average yield from the land;

(iv) proximity to road, railway station, village and market;

(v) creation of any new irrigation project, providing the patch assured

irrigation;

(vi) proximity to newly notified National High Way or State High Way or

roads made under Pradhan Mantri Grama Sadak Yojana, Growth

centers, sub-urban centers etc;

(vii) if any plot / plots are converted to house sites or otherwise, its market

value will be at par the category after conversion';

(viii) facilities available for irrigation such as tank, wells and pump sets and;

(ix) the level of land;

(b) In the case of house sites, the following may be considered, namely:

(i) the general value of house sites in the locality;

(ii) proximity to roads, railway station and bus routes;

(iii) proximity to market, shops and commercial centers;

(iv) amenities available in the areas like water-supply, electricity,

sewerage, hospitals and educational institutions,

(v) developmental activities and industrial scenario in the vicinity, and

following may be considered, namely:

(i) the nature, age and condition of the property;

(ii) propose for which the property is being put to use; and

(iii) market price of comparable property if similar goods are regularly

bought and sold in the market.

(d) In all the cases, special features relevant for valuation shall have to be

considered, either reported by the concerned parties or learnt otherwise.”.

[No.40066–RDM-Reg-STAMP-0009/2018/R&DM.]

By Orders of the Governor

Dr. C. S. KUMAR

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1472-173+25