The Bombay Stamp Act, 1958

The Bombay Stamp Act, 1958 Act60 of1958 Keyword(s): Association, Banker, Bond, Chargeable, Clearance List, Duly Stamped, Executed and Execution, Impressed, Instrument, Instrument of Gifts, Instrument of Partition, Lease, Marketable Security, Mortgage, Power of Attorney, Settlement, Soldier Amendments appended: 31 of 1962, 16 of 2008, 5 of 2010, 41 of 2011, 12 of 2006, 20 of 2015, 18 of 2016, 47 of 2017, 59 of 2017, 5 of 2018, 21 of 2019 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. 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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 1 RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 1, +ÆEòú 22(2)] ¶ÉÖGò´ÉÉ®úú, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 [{ÉÞ¹`ä 12, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 47 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment) Act, 2015 (Mah. Act No. XX of 2015), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, M. A. SAYEED, Principal Secretary and R.L.A. to Government, Law and Judiciary Department. MAHARASHTRA ACT No. XX OF 2015. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 24th April 2015). An Act further to amend the Maharashtra Stamp Act. LX of WHEREAS, it is expedient further to amend the Maharashtra Stamp Act, for 1958. the purposes hereinafter appearing; it is hereby enacted in the Sixty-sixth Year of the Republic of India as follows :— 1. This Act may be called the Maharashtra Stamp (Amendment) Act, 2015. Short title. LX of 2. In section 2 of the Maharashtra Stamp Act (hereinafter referred to as Amendment 1958. “the principal Act”), before the existing clause (a), the following clause shall be of section 2 of LX of inserted, namely :— 1958. “(aa) “Additional Controller of Stamps, Mumbai” means the officer or officers so designated by the State Government and includes any other officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf ;”. (1) ¦ÉÉMÉ +É`ö---47-----1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 Amendment 3. In section 4 of the principal Act,— of section 4 of LX of (a) in sub-section (1),- 1958. (i) after the word “sale,” the word “lease,” shall be inserted ; (ii) after the words “development agreement,” where it occurs for the second time, the word “lease,” shall be inserted ; (b) in the marginal note, after the word “sale,” the word “lease,” shall be inserted. Amendment 4. In section 10 of the principal Act, after sub-section (3), the following of section 10 sub-section shall be inserted, namely :— of LX of 1958. “(3A) The procedure to regulate the use of e-payment, through Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury) for payment of duty shall be such as the Chief Controlling Revenue Authority may by an order determine.”. Insertion 5. After section 10C of the principal Act, the following section shall be inserted, of section namely :— 10D in LX of 1958. Certain “10D. (1) Notwithstanding anything contained in this Act, the State depart- Government may, by notification in the Official Gazette, direct that any State ments, Government Department, institution of local self-Government, semi Government organisat- ions, organization, banking or non-banking financial institution or the body owned, institutions controlled or substantially financed by the State Government or any class of them, etc., to ensure shall ensure that the proper duty is paid to the State Government through payment of Government Receipt Accounting System (G.R.A.S.) in respect of such instruments, stampduty. as may be specified in the notification passing through their system or related to their functioning of which registration is not compulsory. (2) The Chief Controlling Revenue Authority shall authorise a person nominated by such Department or body, etc. as mentioned in sub-section (1) as a proper officer for defacing the challan and making the endorsement on such instruments. (3) It shall be the duty of the proper officer so authorised under sub-section (2) to make an endorsement on the instruments after defacing the challan, as follows :— “Stamp duty of Rs. _______ paid in *cash/by demand draft/by pay order/e-Challan, vide Receipt/Challan No._______________/GRN No._______________ CIN_____________ dated the ___________. Seal of the office. Signature of the Officer. *Strike out whatever is not applicable.”. Amendment 6. In section 30 of the principal Act,— of section (a) in clause (f), the word “and” shall be deleted ; 30 of LX of 1958. (b) after clause (f), the following clause shall be inserted, namely :— “(f-a) in case of instruments of works contract as provided in Article 63 of SCHEDULE I, by the person receiving the contract;”. Amendment 7. In section 31 of the principal Act, in sub-section (4), in the proviso, for the of section word “double” the words “four times” shall be substituted. 31 of LX of 1958. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 3 8. In section 32A of the principal Act,— Amendment of section (i) in sub-section (1), after the words “by way of assignment” the following 32A of LX portion shall be inserted, namely :— of 1958. “and also any other instruments mentioned in SCHEDULE I chargeable with duty on the basis of market value of the property”; (ii) in sub-section (2), in the third proviso, for the word “double” the words “four times” shall be substituted; (iii) in sub-section (4),— (a) the first and second provisos shall be deleted; (b) in the third proviso, for the word “double” the words “four times” shall be substituted. 9. In section 32B of the principal Act,— Amendment of section (i) in sub-section (1), after the words “file an appeal against such order, to 32B of LX the” the words “Additional Controller of Stamps, Mumbai in respect of the of 1958. property, which is the subject matter of the instrument, is situated in Mumbai City and Mumbai Suburban Districts and in respect of the properties situated in the other parts to the” shall be inserted; (ii) in sub-section (2), after the words “against the order of the” the words “Additional Controller of Stamps, Mumbai or the” shall be inserted. 10. In section 34 of the principal Act, in the proviso, in clause (a), in sub-clause Amendment (ii), in the proviso, for the word “double” the words “four times” shall be substituted. of section 34 of LX of 1958. Deletion 11. Section 38 of the principal Act shall be deleted. of section 38 of LX of 1958. 12. In section 39 of the principal Act, in sub-section (1), in sub-clause (b), in the Amendment first proviso, for the word “double” the words “four times” shall be substituted. of section 39 of LX of 1958. 13. In section 40 of the principal Act, after the words “hereinafter prescribed” Amendment the words “with the prior approval of the Additional Controller of Stamps, Mumbai of section 40 of LX for the areas in Mumbai City and Mumbai Suburban Districts and for the other of 1958. areas the Deputy Inspector General of Registration and Deputy Controller of Stamps” shall be added. 14. In section 48 of the principal Act, in sub-section (1), for the proviso, the Amendment following proviso shall be substituted, namely :— of section 48 of LX “Provided that, where an agreement to sale of immovable property on which of 1958. stamp duty is paid under Article 25 of the SCHEDULE I, is registered under XVI the provisions of the Registration Act, 1908 and thereafter such agreement is of cancelled by a registered cancellation deed for whatsoever reasons before taking 1908. the possession of the property which is the subject matter of such agreement, within a period of five years from the date of execution of the agreement to sale, then the application for relief may be made within a period of six months from the date of registration of cancellation deed.”. 15. In section 52A of the principal Act,— Amendment of section (a) in sub-section (1), for the words “one lakh” the words ‘five lakhs” shall be 52A of LX substituted; of 1958. 4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 (b) in sub-section (2), for the words “ten lakhs” at both the places where they occur, the words “twenty lakhs” shall be substituted. Insertion 16. After section 67 of principal Act, the following section shall be inserted, of namely :— section 67A in LX of 1958. Obligation “67A. (1) Any such individual, institution, organisation, company or a body to furnish responsible for creating, executing, maintaining, recording, verifying an instrument information. chargeable with duty as may be notified by the State Government in the Official Gazette, shall, when called upon by any officer specifically authorised by the Chief Controlling Revenue Authority in this behalf, furnish information in the form and within the time limit specified by the Chief Controlling Revenue Authority. (2) Any such individual, institution, organisation, company or a body responsible to furnish the information under sub-section (1) fails to furnish the same within the specified time, the Chief Controlling Revenue Authority or any other officer authorised by him in this behalf, direct such defaulter to pay by way of penalty, a sum not less than rupees five hundred but which may extend to rupees ten thousand for each failure.”. Substitution 17. For section 68 of the principal Act, the following section shall be substituted, of section namely :— 68 of LX of 1958. Powers to “68. Any officer not below the rank of Collector having sufficient reason to inspect and believe that, it is necessary to inspect or call for any registers, books, records call for including a diskette, magnetic cartridge tape, CD-ROM or any other computer information. readable media or any electronic record mentioned under clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000, papers, documents, 21 of instruments or proceedings which may lead to the discovery of any fraud or 2000. omission in relation to any duty, shall, at all reasonable times may himself or through any officer authorised by him in this behalf, who shall be not below the rank of Gazetted Group–B officer or Sub-Registrar, Grade-I appointed under the XVI Registration Act, 1908 or Inspector of Stamps, enter in any premises and inspect of 1908. the same in the custody of any person, office, firm or any other entity and take such notes and extracts as he may deem necessary, without payment of any fee or charge, and if necessary, seize and impound only the chargeable documents as per the provisions of section 33 ”. Insertion 18. After section 68 of the principal Act, the following section shall be inserted, of section namely :— 68A in LX of 1958. Prevention “68A. If any person prevents or obstructs entry of any officer authorised under or section 68 or fails to give any reasonable assistance to him, he shall, on conviction, obstruction be punished with imprisonment for a term which shall not be less than one month, of an officer to but which may extend to six months and with fine which may extend to rupees be an five thousand.”. offence. Amendment 19. In section 72 of the principal Act,— of section 72 of LX (i) in clause (a) the word “and” shall be deleted; of 1958. (ii) after clause (a), the following clause shall be inserted, namely :— ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 5 “(a-a) powers conferred on it by clause (b) of section 9, to the Additional Controller of Stamps, Mumbai or any other officer; and.”. 20. In SCHEDULE I to the principal Act,- Amendment of (1) in Article 1,- SCHEDU- LE I of (A) in clause (1), in sub-clause (d), in column 2, for the words “One rupee LX of subject to a maximum of one hundred rupees” the figures and words “0.01 per 1958. cent. of the amount or value of such debt” shall be substituted; (B) in clause (2), in column 2, for the words “One rupee for every rupees one hundred or part thereof” the words “One per cent.” shall be substituted; (2) for Article 2, the following Article shall be substituted, namely:- “2. ADMINISTRATION BOND including a bond Five hundred V of given under section 6 of the Government Savings rupees.”; 1873. Banks Act, 1873 or the Indian Succession Act, 1925. XXXIX of 1925. (3) in Article 3, in column 2, for the words “Two hundred rupees” the words “One thousand rupees” shall be substituted; (4) in Article 5,- (A) in clause (g-d)- (I) in sub-clause (i),- (a) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (b) in entry (B),- (i) in sub-entry (1), in column 2, for the words “Two hundred rupees” the words “Two hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted; (ii) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (II) in sub-clause (ii),- (i) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (ii) in entry (B),- (a) in sub-entry (1), in column 2, for the words “One hundred rupees” the words and figures “One hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted; (b) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (III) in sub-clause (iii),- (a) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; ¦ÉÉMÉ +É`ö---47-----2 6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 (b) in entry (B),- (i) in sub-entry (1), in column 2, for the words “Fifty rupees” the words and figures “Fifty rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted; (ii) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (B) in clause (h), in sub-clause (A),- (i) in entry (i),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (ii) in entry (ii),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on ” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (iii) in entry (iii),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (iv) in entry (iv),- (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the figures and words “0.2 per cent. of” shall be substituted; (v) in entry (v),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on ” the figures and words “0.5 per cent. of” shall be substituted; (vi) in entry (vi),- (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 7 (II) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the words and figures “0.2 per cent. of” shall be substituted; (5) in Article 6,- (A) in clause (1),- (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the words and figures “0.2 per cent. of” shall be substituted; (B) in clause (2),- (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the figures and words “0.2 per cent. of” shall be substituted; (iii) after Explanation I, the following Explanation shall be inserted, namely:- “Explanation II.- For the purposes of this Article, any new instrument executed for additional loan or extension of previous loan shall be treated as a fresh instrument and chargeable with the duty to the extent of additional amount being secured or disbursed or sanctioned.”; (6) in Article 7, - (i) in clause (a), in column 2, for the words “One hundred rupees” the words “One thousand rupees” shall be substituted; (ii) in clause (b), in column 2, for the words “Two hundred and fifty rupees” the words “One thousand rupees” shall be substituted; (7) in Article 8, in column 2, for the words, brackets and figures “Same duty as per Bond (Article 13) subject to maximum of one hundred rupees” the words “One hundred rupees” shall be substituted; (8) in Article 10, in column 2, for the words and figures “One thousand rupees for every rupees 5,00,000 or part thereof,” the figures and words “0.2 per cent. on share capital or increased share capital, as the case may be” shall be substituted; (9) for Article 12, the following Article shall be substituted, namely:- “12. AWARD, that is to say, any decision in writing Five hundred by an arbitrator or umpire, on a reference made rupees.”; otherwise than by an order of the Court in the course of a suit, being an award made as a result of a written agreement to submit present or future differences to Arbitration but not being an award directing partition. (10) in Article 13,— (a) in column 1, the words “for every rupees five hundred or part thereof” shall be deleted; (b) in column 2, for the words “Five rupees, subject to a minimum of rupees one hundred” the words “One per cent. of amount of Bond, subject to a minimum of rupees five hundred” shall be substituted; ¦ÉÉMÉ +É`ö---47-----2+ 8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 (11) in Article 14, in column 2, for the words and figures “Same duty as a Bond (Article 13) for the same amount” the figures and words “One per cent. of the amount of Bond, subject to a minimum of rupees five hundred” shall be substituted; (12) in Article 15, in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (13) in Article 17, in column 2, for the words “One rupee for every one thousand rupees or a part thereof,” the figures and words “0.1 per cent.” shall be substituted; (14) in Article 18, in column 2, for the words “One hundred rupees” the word “Five hundred rupees” shall be substituted; (15) in Article 24, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted; (16) in Article 25, for clause(a), the following clause shall be substituted, namely:- “(a) if relating to movable property 3 per cent. of the market value of the property.”; (17) for Article 28, the following Article shall be substituted, namely:- “28. CUSTOMS BOND OR EXCISE BOND, Five hundred that is to say, any bond given pursuant to the rupees.”; provisions of any law for the time being in force or to the directions of any officer of Custom or Excise for, or in respect of, any of the duties of Customs or Excise or for preventing frauds or evasions thereof or for any other matter or thing relating thereto. (18) in Article 34, in column 2, after the existing proviso, the following proviso shall be added, namely:- “Provided further that, if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson, grand-daughter, wife of decesed son, the amount of duty chargeable shall be rupees two hundred.”; (19) in Article 35, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted; (20) in Article 39, - (i) in clause (a), in column 2, for the words “Two hundred rupees” the words “One thousand rupees” shall be substituted; (ii) in clause (b), in column 2, for the portion beginning with the words “The same duty” and ending with the words “share capital of the company” the figures and words “0.2 per cent. according to the share capital of the company, subject to minimum of rupees one thousand and maximum of rupees 50,00,000” shall be substituted; (21) in Article 40, - (i) in clause (b), in column 2, for the words “Five rupees for every one thousand or part thereof for” the figures and words “0.5 per cent. of” shall be substituted; (ii) in clause (c), in column 2, for the words and figures “The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred” the words “Five hundred rupees” shall be substituted; (22) in Article 45,- (i) in clause (a),- (A) in column 1, the words, letters and figures “for every Rs.1,000 or part thereof” shall be deleted; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 9 (B) in column 2, for the words “Ten rupees” the words “One per cent. of amount of payment under order” shall be substituted; (ii) for clause (b), the following clause shall be substituted, namely :— “(b) where payable at more than one year Two per cent. of amount after date or sight. of payment under order.”; (23) in article 46, in column 2, for the words “Rupees Ten for every rupees five hundred or part thereof” the words “Two per cent.” shall be substituted; (24) for Article 47, the following Article shall be substituted, namely:- “47. PARTNERSHIP— (1) Instrument of any partnership inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind- (a) where there is no share of contribution Five hundred rupees. in partnership, or where such share contribution brought in by way of cash does not exceeds 50,000. (b) where such share contribution brought One per cent. of the in by way of cash is in excess of rupees amount of share contri- 50,000. bution subject to maximum of rupees fifteen thousand. (c) where such share contribution is brought The same duty as is in by way of property, excluding cash. leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property. (2) Dissolution of partnership or retirement of partner inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind- (a) where on dissolution of the partnership The same duty as is or on retirement of a partner any property leviable on a is taken as his share by a partner other than Conveyance under a partner who brought in that property as clause his share of contribution in the partnership. (a), (b) or (c), as the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one hundred. (b) in any other case Five hundred rupees.”; 10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 (25) in Article 48,— (i) in clause (a), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (ii) in clause (b), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (iii) in clause (c), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (iv) in clause (d), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (v) in clause (e), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (vi) in clause (f), in sub-clause (ii), in paragraph (a), for the words “grandson, grand-daughter or such other close relative” the words “son, grandson, grand- daughter or father, mother, brother or sister of the spouse” shall be substituted”; (vii) in clause (h), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (26) for Article 51, the following Article shall be substituted, namely :— “51. RECONVEYANCE OF MORTGAGE Five hundred PROPERTY rupees.”; (27) in Article 52 , in column 1, in clause (a), after the words “above relations” the words “without consideration in any form” shall be added; (28) in Article 53, in column 2, for the words, brackets and figures “Same duty as a Bond (Article 13) for the amount of the loan secured” the figure and words “One per cent. of the amount of the loan secured, subject to a minimum of rupees five hundred” shall be substituted; (29) for Article 54, the following Article shall be substituted, namely :— “54. SECURITY BOND OR MORTGAGE 0.5 per cent. for the DEED, where such security bond or mortgage amount secured by deed is executed by way of security for the such deed subject to due execution of an office, or to account for money the maximum of ten or other property received by virtue thereof, or lakh rupees: by a surety to secure the due performance of a Provided that, where contract, or in pursuance of an order of the court on an instrument or a public officer, not being otherwise provided executed by a person for by the Maharashtra Court-fees Act. for whom a person LX of stands surety and 1959. executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be onehundred rupees.”; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 11 Exemptions Bond or other instrument, when executed,- (a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; Mah. (b) under the rules made by the State Government XXXVIII under section 114 of the Maharashtra Irrigation Act, of 1976. 1976; XIX of (c) by a person taking advance under the Land 1883. Improvement Loans Act, 1883 or the Agriculturists XII of Loans Act, 1884 or by their sureties as security for 1884. the repayment of such advances; (d) by officers of the Government or their sureties to secure the due execution of an office or due accounting for money or other property received by virtue thereof. (30) in Article 55, - (i) in clause (A), in sub-clause (i), in column 2, for the words “Ten rupees for every rupees five hundred or part thereof of” the words “Two per cent. of” shall be substituted; (ii) in clause (B),- (a) in sub-clause (i), in column 2, for the portion beginning with the words “The same duty” and ending with the words “but not exceeding two hundred rupees” the words “Five hundred rupees” shall be substituted; (b) in sub-clause (ii), in column 2, for the portion beginning with the words “The same duty” and ending with the words “but not exceeding two hundred rupees” the words “Five hundred rupees “ shall be substituted. (31) in Article 59, - (i) in clause (a), in column 2, for the words and figures “Fifty paise for every rupees 100 or part thereof” the figures and words “0.5 per cent.” shall be substituted; (ii) in clauses (b), (c) and (d), in column 2, for the portion beginning with the words “The same duty” and ending with the words “subject to a maximum of two hundred rupees” the words “Five hundred rupees” shall be substituted. (32) in Article 60, in column 2, for the portion beginning with the words “The same duty” and ending with the words “which is subject matter of transfer” the following portion shall be substituted, namely:- “The same duty as is leviable on lease under clause (i), (ii), (iii) or (iv), as the case may be, of Article 36, for the remaining period of lease”; (33) in Article 61, - (i) in entry (A),- (I) in sub-entry (a), in sub-clause (i), in column 2, for the words “Ten rupees for every rupees five hundred or part thereof” the words “Two per cent.” shall be substituted; 12 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 (II) in sub-entry (b),- (a) in sub-clause (i), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted; (b) sub-clause (ii), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted; (ii) in entry (B), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted. (34) in Article 63,- (i) in clause (a), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (ii) in clause (b), in column 2, for the portion beginning with the words “One hundred rupees” and ending with the words “maximum of rupees five lakh” the words and figures “Five hundred rupees plus 0.1 per cent. of the amount above rupees ten lakh subject to maximum of rupees twenty-five lakhs” shall be substituted. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI. ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEòä 1938 1 RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 2, +ÆEò 31(2)] ¶ÉGÖ ò´ÉÉ®ú, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEäò 1938 [ {ÉÞ¹`äö 2 ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 52 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment) Act, 2016 (Mah. Act No. XVIII of 2016) is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, PRAKASH H. MALI, Secretary to Government, Law and Judiciary Department. —————————— MAHARASHTRA ACT No. XVIII OF 2016. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette ”, on the 29th April 2016). An Act further to amend the Maharashtra Stamp Act. LX of WHEREAS it is expedient further to amend the Maharashtra Stamp 1958. Act, for the purposes hereinafter appearing ; it is hereby enacted in the Sixty-seventh Year of the Republic of India as follows :— 1. This Act may be called the Maharashtra Stamp (Amendment) Act, Short title. 2016. LX of 2. In section 70 of the Maharashtra Stamp Act (hereinafter referred Amendment of 1958. section 70 of to as “the principal Act”), sub-section (2) shall be deleted. LX of 1958. (1) ¦ÉÉMÉ +É`ö--52------1 2 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEòä 1938 Amendment of 3. In SCHEDULE I of the principal Act, in Article 1, in clause (1),— SCHEDULE I of LX of 1958. (i) in sub-clause (c), in column (1), the word “and” shall be deleted ; (ii) for sub-clause (d), the following sub-clauses shall be substituted, namely :– “(d) exceeds rupees 10,000 Fifty rupees. but is less than rupees 10,00,000; and (e) is rupees 10,00,000 and One Hundred rupees.”. above. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR:SHRI PARSHURAM JAGANNATH GOSAVI. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939 1 RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 3, +ÆEò 65] ¶ÉÊxÉ´ÉÉ®úú, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939 [ {ÉÞ¹`ä 2, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 127 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment) Act, 2017 (Mah. Act No. XLVII of 2017), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, N. J. JAMADAR, Principal Secretary and Remembrancer of Legal Affairs to Government, Law and Judiciary Department. ---------------------------------- MAHARASHTRA ACT No. XLVII OF 2017. (First published, after having received the asent of the Governor in the “Maharshtra Government Gazette ”, on the 19th August 2017.) An act further to amend the Maharashtra Stamp Act. LX of WHEREAS it is expedient further to amend the Maharashtra Stamp 1958. Act, for the purposes hereinafter appearing ; it is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :— 1. This Act may be called the Maharashtra Stamp (Amendment) Act, Short title. 2017. LX of 2. In section 10D of the Maharashtra Stamp Act (hereinafter referred Amendment 1958. to as “the principal Act”),— of section 10D of LX of 1958. ¦ÉÉMÉ +É`ö 127--1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939 (a) for sub-section (1), the following sub-section shall be substituted, namely:–– “ (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-Government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) or by any other system of payment as may be notified by the State Government in this behalf, in respect of such instruments, as may be specified in the notification in which such Department or body, etc., is a party or which create a right in favour of such Department or body, etc., and of which registration is not compulsory: Provided that, in case of instruments requiring stamp duty of less than rupees five hundred, the stamp duty may be paid to the State Government through any other mode of payment permissible under this Act and the provisions of sub-sections (2) and (3) shall not be applicable in case of such payment. ’’ ; (b) in sub-section (2), after the words “defacing the challan” the words “electronically in the Government Receipt Accounting System (G.R.A.S.) or any other system of payment notified by the State Government in this behalf ” shall be inserted ; (c) after sub-section (3), the following proviso shall be added, namely :— “ Provided that, whenever the Stamp Duty has been paid through Government Receipt Accounting System (G.R.A.S.) by receipt of e-payment i.e. electronically Secured Bank and Treasury Receipt (e-SBTR), the provisions of sub-sections (2) and (3) shall not be applicable.”. Amendment 3. In section 30A of the principal Act, in sub-section (1), after the words of section 30A “ to collect it from the other party ” the words “, if the other party fails to pay of LX of 1958. the proper stamp duty ” shall be added. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI. RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 3, +ÆEòú 69(4)] MÉÖ¯û´ÉÉ®úú, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939 [{ÉÞ¹`ä 2, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 143 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stmp (Second Amendment) Act, 2017 (Mah. Act No. LIX of 2017), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, N. J. JAMADAR, Principal Secretary and R. L. A. to Government, Law and Judiciary Department. ----------------------------------------------------- MAHARASHTRA ACT No. LIX OF 2017. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette ”, on the 7th September 2017). An Act further to amend the Maharashtra Stamp Act. LX of WHEREAS it is expedient further to amend the Maharashtra Stamp Act, 1958. for the purposes hereinafter appearing ; it is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :— 1. This Act may be called the Maharashtra Stamp (Second Amendment) Short title. Act, 2017. (1) ¦ÉÉMÉ +É`öö--143-1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939 Amendment 2. In SCHEDULE I appended to the Maharashtra Stamp Act,— LX of of 1958. SCHEDULE (a) in Article 25, in clause (b),— I of LX of (i) in sub-clause (ii), in column 2, for the figure and words “ 4 1958. per cent. ” the figure and words “ 5 per cent. ” shall be substituted ; (ii) in sub-clause (iii), in column 2, for the figure and words “ 3 per cent. ” the figure and words “ 4 per cent. ” shall be substituted ; (b) in Article 34, in column 2, in the proviso,— (i) for the words “ at the same rate as specified in this article or at the rate of rupees ten for every rupees five hundred or part thereof on the market value ” the words and figure “ at the rate of 3 per cent. on the market value ” shall be substituted ; (ii) the words “, whichever is less ” shall be deleted. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö,VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹ÉR 2N5,I ¶ ÉNEòäo 1.9 M39AHENG/2009/355281 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 4, +ÆEòú 1(5)] ºÉÉä¨É´ÉÉ®úú, VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEäò 1939 [{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 5 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment and Validation) Act, 2017 (Mah. Act. No. V of 2018), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, RAJENDRA G. BHAGWAT, I/c. Secretary (Legislation) to Government, Law and Judiciary Department. MAHARASHTRA ACT No. V OF 2018. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 15th January 2018). An Act further to amend the Maharashtra Stamp Act. WHEREAS both Houses of the State Legislature were not in session ; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate LX of action further to amend the Maharashtra Stamp Act, for the purposes 1958. hereinafter appearing; and, therefore, promulgated the Maharashtra Stamp Mah. Ord. (Amendment and Validation) Ordinance, 2017 on the 3rd November 2017 ; XXVI of 2017. ¦ÉÉMÉ +É`ö--5--1 (1) 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö,VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEòä 1939 AND, WHEREAS, it is expedient to replace the said Ordinance, by an Act of the State Legislature ; it is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :— Short title 1. (1) This Act may be called the Maharashtra Stamp (Amendment and and com- Validation) Act, 2017. mencement. (2) It shall be deemed to have come into force with effect from the 15th December 2016. Amendment 2. In section 2 of the Maharashtra Stamp Act (hereinafter referred to LX 0f of section 2 of as “the principal Act”), in clause (g), for sub-clause (iv), the following sub- 1958. LX of 1958. clause shall be substituted, namely :— “(iv) every order made by the High Court under section 394 of the 1 of Companies Act, 1956 or every order made by the National Company Law 1956. Tribunal under sections 230 to 234 of the Companies Act, 2013 or every 18 of 2013. confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013, in respect of the amalgamation, 18 of 2013. merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company); and every order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 10 of 1949. 1949, in respect of amalgamation or reconstruction of Banking Companies ;”. Amendment 3. In Schedule I appended to the principal Act, in article 25, in clause of Schedule I (da), in column (1), for the portion beginning with the brackets, letters and of LX of 1958. words “ (da) if relating to the order of High Court ” and ending with the words and figures "Banking Regulation Act, 1949’’, the following portion shall be substituted, namely:— “(da) if relating to the order of the High Court under section 394 of 1 of the Companies Act, 1956 or the order of the National Company Law 1956. Tribunal under sections 230 to 234 of the Companies Act, 2013 or 18 of 2013. confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013 in respect of the amalgamation, 18 of 2013. merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company) or order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 in respect 10 of 1949. of amalgamation or reconstruction of Banking Companies.”. Validation. 4. (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in the Schedule I to the principal Act shall be deemed to have been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and Validation) Act, 2017 (hereinafter Mah. V in this section referred to as “the Amendment Act ”) had been continuously of 2018. in force at all material time and accordingly,— (a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the levy and collection of the stamp duty shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the said Act ; (b) no suit or other proceedings shall be maintainable or continued in any court, against the said authorities for the refund of the stamp duty so levied and collected ; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö,VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEòä 1939 3 (c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected.

(2) For the removal of doubt, it is hereby declared that nothing in sub- section (1) shall be construed as preventing a person,— (a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act, any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or (b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of stamp duty under the principal Act, as amended by the Amendment Act. Mah. Ord. 5. (1) The Maharashtra Stamp (Amendment and Validation) Ordinance, Repeal of XXVI of 2017, is hereby repealed. Mah. Ord. 2017. XXVI of 2017 (2) Notwithstanding such repeal, anything done or any action taken and saving. (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÖ±Éè 23, 2019/¸ÉÉ´ÉhÉ 1, ¶ÉEäò 1941 1 RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 5, +ÆEòú 29(4)] ¨ÉÆMɳý´ÉÉ®úúúúú, VÉÖ±Éè 23, 2019/¸ÉÉ´ÉhÉø 1, ¶ÉEäò 1941 [{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 68 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Stamp (Amendment and Validation) (Continuance) Act, 2019 (Mah. Act No. XXI of 2019), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, RAJENDRA G. BHAGWAT, Secretary (Legislation) to Government, Law and Judiciary Department. MAHARASHTRA ACT No. XXI OF 2019. (First published, after having received the assent of the Governor in the “ Maharashtra Government Gazette ”, on the 23rd July 2019.) An Act further to amend the Maharashtra Stamp Act. Mah. WHEREAS the Governor of Maharashtra had promulgated the Maharashtra Ord.I of Stamp (Amendment and Validation) Ordinance, 2019 (hereinafter referred to as 2019. “the said Ordinance”), on the 13th February 2019 ; AND WHEREAS upon the reassembly of the State Legislature on the 25th February 2019, the Maharashtra Stamp (Amendment and Validation) Bill, 2019 (L. A. Bill No.I of 2019), for converting the said Ordinance into an Act of the State Legislature, was passed by the Maharashtra Legislative Assembly on the 26th February 2019 and was transmitted to the Maharashtra Legislative Council ; (1) ¦ÉÉMÉ +É`ö-68----1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÖ±Éè 23, 2019/¸ÉÉ´ÉhÉ 1, ¶ÉEäò 1941 AND WHEREAS, thereafter, as the Maharashtra Legislative Council was prorogued on the 28th February 2019, the said Bill could not be passed by the Maharashtra Legislative Council ; AND WHEREAS as provided by article 213(2)(a) of the Constitution of India, the said Ordinance would have ceased to operate after the 7th April 2019, the date on which the period of six weeks from the date of reassembly of the State Legislature expires; AND WHEREAS it was considered expedient to continue the operation of the provisions of the said Ordinance; AND WHEREAS both Houses of the State Legislature were not in session; and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance; and therefore, promulgated the Maharashtra Stamp (Amendment and Validation) (Continuance) Ordinance, 2019 on the Mah. Ord. VII of 2019. 8th March 2019 ; AND WHEREAS it is expedient to replace the Maharashtra Stamp (Amendment Mah. Ord. VII of 2019. and Validation) (Continuance) Ordinance, 2019, by an Act of the State Legislature; it is hereby enacted in the Seventieth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Maharashtra Stamp (Amendment and and Validation) (Continuance) Act, 2019. commence- ment. (2) It shall be deemed to have come into force on the 13th February 2019. Amendment of 2. In section 9 of the Maharashtra Stamp Act (hereinafter referred to as “the LX of section 9 of 1958. principal Act”), in clause (a), for the word “duties” the words “duties or penalty, if LX of 1958. any, or both” shall be substituted and shall be deemed to have been substituted with effect from the 1st April 1994. Amendment of 3. In section 39 of the principal Act, in sub section (1), in clause (b),— section 39 of (i) before the first proviso, the following shall be inserted, namely:– LX of 1958. “Provided that, duty for which reduction or remission is granted by the Government under clause (a) of section 9 under any prevailing policy shall not be treated as deficient portion of duty for the purposes of calculation of penalty, if the beneficiary of such reduction or remission in duty surrenders or forgoes or has surrendered or forgone such benefit with prior approval or with no objection from the Government:”; (ii) in the first proviso, for the words “Provided that” the words “Provided further that” shall be substituted; (iii) in the second proviso, for the words “Provided further that” the words “Provided also that” shall be substituted. Validation. 4. (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary or in the principal Act, reduction or remission in the duties or penalty or both, granted under clause (a) of section 9 of the principal Act including any action taken in pursuance of such reduction or remission by the authorities under the said Act, acting or purporting to act under the provisions of the ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÖ±Éè 23, 2019/¸ÉÉ´ÉhÉ 1, ¶ÉEäò 1941 3 principal Act, shall be deemed to have been validly granted in accordance with law as if the provisions of clause (a) of section 9 of the principal Act as amended by the Mah. XXI Maharashtra Stamp (Amendment and Validation) (Continuance) Act, 2019 of 2019. (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material times and accordingly,– (a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the reduction or remission of the duty or penalty or both shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the principal Act ; (b) no suit or other proceedings shall be maintainable or continue in any court, against the said authorities for the remission or reduction granted in respect of the duties or penalty or both. (2) For the removal of doubt, it is hereby declared that nothing in sub- section (1) shall be construed as preventing a person,– (a) from questioning in accordance with the provisions of the principal Act, as amended by the Amendment Act, any assessment, re-assessment, levy or collection of stamp duty or penalty or both, referred to in sub-section (1) of this section; or (b) from claiming refund to any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of duties or penalty or both under the principal Act, as amended by the Amendment Act. Mah. 5. (1) The Maharashtra Stamp (Amendment and Validation) (Continuance) Repeal of Ord. VII Mah. Ord. VII Ordinance, 2019, is hereby repealed. of 2019. of 2019 and (2) Notwithstanding such repeal, anything done or any action taken (including saving. any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR DR. NAMDEO KONDAJI BHOSALE, 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 DR. NAMDEO KONDAJI BHOSALE.