PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 26, 2023

(AGHN 5, 1945 SAKA)

5007

( 5007 )

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 26th November, 2023

No. 19-PLA-2023/62.–The Indian Stamp (Punjab Amendment) Bill,

2023 is hereby published for general information under the proviso to rule 121

of the Rules of Procedure and Conduct of Business in the Punjab Vidhan

Sabha (Punjab Legislative Assembly):-

Bill No. 19-PLA-2023

THE INDIAN STAMP (PUNJAB AMENDMENT) BILL, 2023

A

BILL

further to amend the Indian Stamp Act, 1899, in its application to the

State of Punjab.

BE it enacted by the Legislature of the State of Punjab in the Seventy-

fourth Year of the Republic of India as follows:-

1.

(1)

This Act may be called the Indian Stamp (Punjab Amendment)

Act, 2023.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

EXTRAORDINARY

Published by Authority

CHANDIGARH, SUNDAY, NOVEMBER 26, 2023

(AGRAHAYANA 5, 1945 SAKA)

Short title

and

commencement.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 26, 2023

(AGHN 5, 1945 SAKA)

5008

2.

In the Indian Stamp Act, 1899, in its application to the State of Punjab,

in Schedule 1-A,-

(i)

for the existing entry 6, the following entry shall be substituted,

namely:--

"6. Agreement relating to Deposit of Title-

Deeds, pawn or pledge, mortgage by

way of deposit of Title Deed (Equitable

Mortgage) and hypothecation, that is to

say, any instrument evidencing an

agreement relating to-

(1)

the deposit of title

deeds or instruments

constituting or being

evidence of the tittle to

any property whatever

(other than a marketable

security), instrument of

hypothecation without

delivery of possession, or

(2)

the pawn or pledge of

immovable property,

where such deposit,

pawn, or pledge has been

made by way of security

for the repayment of

money advanced or to be

advanced by way of loan

or an existing or future

debt-

(a) if such loan or debt

is repayable on demand

or more than three

months from the date of

instrument evidencing the

agreement;

(b) if such loan or debt

0.25% of the loan

amount credited or

an existing or future

debts.

Amendment

of Schedule

1-A of the

Central Act 2

of 1899.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 26, 2023

(AGHN 5, 1945 SAKA)

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is repayable not more

than three months from

the

date

of

such

instrument.

(ii)

in entry 48, for item (f), the following item shall be substituted,

namely:-

"(f) When given to a

person other than family

member, authorizing the

attorney to sell any

immovable property; and

2% of the amount of

the consideration, or

of Collector rate in

respect

of

the

property mentioned

in the instrument,

whichever is higher.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 26, 2023

(AGHN 5, 1945 SAKA)

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STATEMENT OF OBJECTS AND REASONS

The Indian Stamp Act, 1899 (the act) was enacted with a view to

make a provision for levy and collection of stamp duty for the State

Governments. The Act provides for certain provisions for smooth levy and

collection of stamp duty. In order to remove ambiguities in regard to levy and

collection of stamp duty for entry 6 and 48 of the schedule 1-A of the act ,

the provisions relating to above mentioned entries are proposed to be

streamlined. To facilitate the general public amendment is being carried out

for better implementation. In order to implement the said changes, it is

proposed to amend the The Indian Stamp Act, 1899.

____________

BRAM SHANKER SHARMA(JIMPA)

Revenue & Rehabilitation and Disaster

Management Minister, Punjab

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 26, 2023

(AGHN 5, 1945 SAKA)

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CHANDIGARH :

R. L. KHATANA

THE 26TH NOVEMBER, 2023

SECRETARY.

FINANCIAL MEMORANDUM

The bill proposes to amend schedule 1-A of the Indian Stamp Act

with a view to remove ambiguities in regard to levy and collection of stamp

duty for entry 6 and 48 of the schedule 1-A of the act , the provisions relating

to above mentioned entries are proposed to be streamlined. To facilitate the

general public amendment is being carried out for better implementation.

Thus there is no provision in the Bill which would involve the recurring or

non-recurring expenditure from the exchequer of the State on its enactment

as an Act.

____________

The Governor has, in pursuance of clause (1) and (3) of Article 207

of the Constitution of India, recommended to the Punjab Legislative Assembly,

the introduction and consideration of the Bill.

____________

2977/11-2023/Pb. Govt. Press, S.A.S. Nagar