THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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It seems that Stamp duty is payable under Article 25(d) at a true market value at apercentage as prescribed and accordingly no stamp duty is payable in respect of transferof residential premises in a co-operative society works out approximately toArticle 25(d) (I) to Rs. 550 to Rs. 1,250(d) (ii) to Rs. 1,550 to Rs, 8,750(d) (iii) to Rs. 9,350 to Rs. 23,750(d) (iv) to Rs. 24,350 to Rs. 38,750(d) (v) to Rs. 38,750 to 8%.It must be noted that, registration fee is separately chargeable under The Registration Act.Stamp duty for premises other than for residential purpose attracts different duty.1 [32B. Appeal(1) Any person aggrieved by any order determining the market value under sub- section(3) of section 31 or under section 32A or any order imposing any penalty under section32A may, within sixty days from the date of receipt of such order, by an application inwriting (accompanied by such fee not exceeding three hundred rupees as the StateGovernment may, from time to time, by notification in the Official Gazette, specify; anddifferent rates of fees may be specified for different areas), file an appeal against suchorder, to the Deputy Inspector General of Registration and Deputy Controller of Stamps,who shall after considering the same, pass such order thereon as he thinks just andproper; and the order so passed shall, subject to the provisions of section 32C, be finaland shall not be questioned in any Court or before any authority:Provided that, all applications made and pending with the Collector immediatelybefore the commencement of the Bombay Stamp (Amendment) Act, 1989 (hereinafter, inthis section, referred to as "the Amendment Act"), for being referred to Courts fordecision under section 32B as it existed immediately before the coming into force of theAmendment Act, shall, on the coming into force of the Amendment Act be transferred bythe Collector to the Deputy Inspector General of Registration and Deputy Controller ofStamps and the applications so transferred shall be deemed to be the appeals filed andpending before the Deputy Inspector General of Registration and Deputy Controller ofStamps who shall dispose off the same in accordance with this section:Provided further that, nothing contained in sub-section (1) and the first provisoshall affect the references already made by the Collector to the Courts and pending beforethe Courts immediately before the commencement of the Amendment Act; and suchreferences shall be disposed off by the concerned Courts as if the Amendment Act hasnot been passed.(2) No appeal and no application for revision shall lie against the order of the DeputyInspector General of Registration and Deputy Controller of Stamps, passed under subsection(1)].32C. Revision.Subject to the provisions of section 32B and any rules which may be made in this behalfby the State Government, the Chief Controlling Revenue Authority may, suo moto, callfor and examine the record of any order passed (including an order passed in appeal)under this Act or the rules made thereunder, by any officer and pass such order thereon as________________________1. These Sections were substituted for section 328 by Mah. 18 of 1989, s. 3, (w.e.f. 1-2-1989).
he thinks just and proper; and the order so passed shall be final and shall not be called inquestion in any Court or before any authority:Provided that, no notice calling for the record under this section shall be served bythe Chief Controlling Revenue Authority after the expiry of three years from the date ofcommunication of the order sought to be revised and no order of revision, shall be madeby the said Authority hereunder after the expiry of five years from such date:Provided further that, no order shall be passed under this section which adverselyaffects any person, unless such person has been given a reasonable opportunity of beingheard.]CHAPTER IVINSTRUMENTS NOT DULY STAMPED33. Examination and impounding of instruments.(1) 1 [Subject to the provisions of section 32-A, every person] having by law or consent ofparties authority to receive evidence and every person in charge of a public office, exceptan officer of police 2 [or any other officer, empowered by law to investigate offencesunder any law for the time being in force,] before whom any instrument chargeable, inhis opinion, with duty, is produced or comes in the performance of his functions shall, ifit appears to him that such instrument is not duly stamped, impound the same3 [irrespective whether the instrument is or is not valid in law.](2) For that purpose every such person shall examine every instrument so chargeable andso produced or coming before him in order to ascertain whether it is stamped with astamp of the value and description required by the law for the time being in force in theState when such instrument was executed or first executed:Provided that, -(a) nothing herein contained shall be deemed to require any Magistrate or Judge of aCriminal Court to examine or impound, if he does not think fit so to do any instrumentcoming before him in the course of any proceeding other than a proceeding under4 [Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973];(b) in the case of a Judge of a High Court, the duty of examining and impounding anyinstrument under this section may be delegated to such officer as the Court may appointin this behalf.___________________________1. These words were substituted for the words "Every person" by Mah. 16 of 1979, s. (8).(w.e.f. 4.7.1980)2. These words were inserted by Mah. 27 of 1985, s. 20 (a) (i), (w,e.f 10-12-1985).3. These words were added by Mah 27 of 1985, s. 20 (a) (ii). (w.e,f. 10-12-1985).4. These words. figures and letters were substituted for the words and figures "ChapterXII or Chapter XXXVI of the Code ofCriminal Procedure, 1898" by Mah. 27 of 1985, s. 20 (d), (w.e.f. 10-12-1985).
Page 2 and 3: Constitutional Position -Law relate
Page 4 and 5: to values of property especially in
Page 6 and 7: If the documents creates an obligat
Page 8: Notification - Addition Officers fo
Page 11 and 12: Agreements entered into before 10 t
Page 13 and 14: 3. The Court was constructed severa
Page 15 and 16: and the value of in question may be
Page 17 and 18: considering the correspondence that
Page 19 and 20: eferred to in Section 47A and Rules
Page 21 and 22: includes an instrument by which a p
Page 23 and 24: 5. Instrument relating to several d
Page 26 and 27: (d)with Securities and Exchange Boa
Page 28 and 29: 2. These words were substituted for
Page 30 and 31: 3 [Provided that the clearance list
Page 32 and 33: 1 [25. How transfer in consideratio
Page 34 and 35: Provided also that, where proceedin
Page 36 and 37: (E) -Duty by whom payable30 . Dutie
Page 39 and 40: Subjective satisfaction to be on ob
Page 41 and 42: 1 [(2) (a) If any officer registeri
Page 43 and 44: 1 [Provided further that, in respec
Page 45: NotesThe section applies to eight t
Page 49 and 50: instrument from the party and, afte
Page 51 and 52: Government or where it bears the ce
Page 53 and 54: 37. Instruments impounded how dealt
Page 55 and 56: Subjective satisfaction to be on ob
Page 57 and 58: executed, some other person was bou
Page 59 and 60: (a) the stamp on any paper inadvert
Page 61 and 62: 50. Allowance for misused stamps.(1
Page 63 and 64: (2) The Chief Controlling Revenue A
Page 65 and 66: Under sub-section (2) if the Collec
Page 67 and 68: 1 [(4) Without prejudice to the pro
Page 69: 1 [59A. No prosecution und~ section

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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