Uttar Pradesh Stamp Act, 2008

 
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[Act No. 17 of 2010]

[27th March, 2010]

Preamble

An Act to consolidate and amend the law relating to stamp duties in the State of Uttar Pradesh.

It is hereby enacted in the Fifty-ninth Year of the Republic of India as follows:

Statement of Objects and Reasons

The Indian Stamp Act, 1899 which is presently in vogue does not cope with the modern developments and advancement in information technology. As such, documents which are not covered under this said Act, go without paying proper stamp duty. With a view to keeping in pace with new technology and development, it has been decided to make a new enactment by the name of The Uttar Pradesh Stamp Act, 2008 to consolidate and amend the law relating to stamp duties in the State of Uttar Pradesh.

The Uttar Pradesh Stamp Bill, 20C8 is introduced accordingly.

Chapter: I - PRELIMINARY

Section 1 - Short title, extent, and commencement

(1) This Act may be called The Uttar Pradesh Stamp Act, 20081.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be fixed for different provisions.

Footnote:

  1. Received the assent of the President on 27th March, 2010 and Published in the U.P. Gazette, Extra.. Part 1, Section (Ka), dated 7th April, 2010, pp. 62-119.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(i) "Association" means any association, exchange, organization or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling or conducting business of the sale or purchase of, or making any other transaction relating to, any goods or marketable securities;

(ii) "Banker" means an association, a company or a person who accepts for the purpose of lending or investment deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, pay-order or otherwise;

(iii) "Bond" includes--

(a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;

(b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and

(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another.

Explanation.--Notwithstanding anything to the contrary contained in any other law for the time being in force, for the purposes of this clause, "attested" in relation to an instrument means attested by one or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant or has received from the executant a personal acknowledgement of his signature or mark or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of the such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;

(iv) "Chargeable" means, as applied to an instrument executed, or first executed after the commencement of this Act, chargeable under this Act and, as applied to any other instruments, chargeable under the law in force in the State when such instrument was executed or, where several persons executed the instrument at different times, first executed.

(v) "Chief Controlling Revenue Authority" means a member of the Board of Revenue, a Divisional Commissioner, an Additional Divisional Commissioner or an officer of the Stamp Department not below the rank of Deputy Commissioner of Stamps and any such officer as the State Government may, by notification in the Gazette, appoint in this behalf for the whole or any part of the State;

(vi) "Clearance List" means a list of transactions relating to contracts required to be submitted to the Clearing House of an Association in accordance with the rules or bye-laws of the Association:

Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains the following declaration signed by the persons dealing in such transactions or on his behalf by a properly constituted attorney, namely:--

"I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye-laws of the Association. I/We further declare that no transaction, for which an exemption is claimed under clause (b) of Article 5 (Agreement or its records or memorandum of an agreement) or Article 44 (Note or Memorandum) of the Schedule of this Act, as the case may be, is omitted."

Explanation.--Transaction for the purpose of this clause shall include both sale and purchase.

(vii) "Collector" means the Chief Officer in-charge of Revenue Administration of a District and includes any officer whom the State Government may, by notification in the Gazette appoint in this behalf; and on whom any or all the powers of the Collector exercisable under this bill are conferred either by such notification or by any other like notification.

(viii) "Conveyance" includes--

(a) conveyance oh sale, or

(b) every instrument, or

(c) every decree or final order of any Civil or Revenue Court,

(d) every order made by the High Court under Section 394 of the Companies Act, 1956 (Act No. 1 of 1956) in respect of the amalgamation or reconstruction of companies, or

(e) every order made by the Reserve Bank of India under Section 44-A of the Banking Regulation Act, 1949 (Act No. 10 of 1949) in respect of the amalgamation or reconstruction of banking companies,

(f) transfer of share by co-operative housing societies in immovable property of an existing member of such society in favour of an incoming person by means of issuance of new share certificate or by endorsement on the share certificate of the existing member in favour of the incoming person, by which property whether movable or immovable is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by the Schedule.

Explanation.--Notwithstanding anything to the contrary contained in any other provisions of this Act or any other law for the time being in force, the following instruments shall, for the purpose of this clause, be deemed to be an instrument by which property is transferred inter vivos--

(i) An instrument whereby a co-owner, of a property having defined share therein, transfers such share or part thereof to another co-owner of the property; or

(ii) An instrument whereby a partner transfers his share in the property of the partnership business to another partner or to other partners whether separately or together with the transfer of other business or assets on retirement or dissolution, or whereby he contributes to the capital of partnership firm by transferring his right and title to, or interest in any property; or

(iii) An instrument whereby the property of an incorporated company or body corporate is transferred by transfer of its equity shares to another incorporated company or body corporate, or a person or a group of persons.

(ix) "Duly stamped" as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the State, (x) "Executed" and "execution" used with reference to instruments, means "signed" and "signature".

Explanation.--The terms "signed" and "signature" also include attribution of electronic record as provided under Section 11 of the Information Technology Act, 2000, (Act No. 21 of 2000).

(xi) "Government Security" means a Government Security as defined in the Public Debt Act, 1944, (Act No. 18 of 1944);

(xii) "Immovable Property" includes land, buildings, hereditary allowances, right of way, lights, ferries, fisheries, or any other benefit arising out of land and things attached to the earth or permanently fastened to anything attached to the earth but does not include standing timber, growing crops or grass, fruit upon or juice in trees, or beneficial interest of a beneficiary in a trust property.

(xiii) "Impressed stamp" includes--

(a) labels affixed and impressed by the proper officer, and

(b) stamps embossed and engraved on stamped paper,

(c) impression by franking machine, e-stamping or any other such machine as the State Government may by notification in the Gazette specify, or

(d) any mark, seal or endorsement by any agency or person duly authorized by the State Government by notification in the Gazette.

(xiv) "Instrument" includes every document and record created or maintained in or by an electronic storage and retrieval device, media or electronic record, as defined in clause (t) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (Act No. 21 of 2000), by which any right or liability is, or purports to be, created, transferred, limited, extended, vested, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt.

(xv) "Instrument of Gift" includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift.

(xvi) "Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and also includes,--

(a) a final order for effecting a partition passed by any Revenue Authority, or any Civil Court;

(b) an award by an arbitrator directing a...

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