The Indian Stamp (Delhi Second Amendment) Act, 2001

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1. (b) after sLtb-sectionf?.;. the lollowing sub section shsi: S^ ..rset-te'l. .:,:rnc"/:- 2.(1)ln the Indian Stamp ^^cf. Hififi ('• of 1899) as in force in the ffuii, uml' '.apiUs! Territory of Delhi (hi;icin;ilhM id, nodlc as "the principal Act"), in section 27,- j (a) in sub-section (1), alter Ihe words and

Amendment of section 27. i ^ i ^ T J P 1 .(1) This Act may be called tl ie Indian Stamp (Delhi Second Amendment! Act. 2001. (2)It extends to the whole cf ll-.c N^lional Capital Territory c: ^elhi. (3)It shaii be desmsJ tr. ita-i. c.vr,.: ••...

force on the Thirtv ^irst dav cf ^o"

2001. ' Short title, extent and commencement. ^J3E it enacted by the Legislative Assembly cf ihe National Capital Territory "of Delhi in the Fifty-second Year of the Republic cf India as follows:- .10 be published in Part TV of DelAi Cassette, E^tt raordinary.' Government of National Capital Territory of Delhi, (Department of Lajf^Jtistioe & Legislative Affairs)', 8th Level,-10'Wing.Delhi Secretariat,! .P.Estate; New Pelhi-110002.

Dated 2nd November, 2 00)

Ihe fbH.ov.ir? Act of Legislative Asse^bly of the tJatior.al iepital Territory of Delhi received the ascent of the "^-re^ident cf India on the 2nd November',2001 and is hereby publish.;^ Lot general information - Ihe Indian Stamp (Delhi Second Amendment ) Act, 2C01 (Delhi Act N^; 12 of 2001).—-~~ (As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 26th September, 2001).^-^_^ AN ACT ^urther to amend the Indian Stamp Act, :|n"y in its application to the National Capital Territory of Delhi.

47A. (1) If the Registering Officer, whiiu registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon. (2)On receipt of z nfs-snce under suv- section(1), the Collector shall, after giving

the parties a reasonable opportunity cf

being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Ac-,, by crdiy determine the 'vsiue cf th^ uroi. .rty or the consideration eno the outy - . ,"sa<d; ,.' the deficient amcurii of duty, if ^^y, snail be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall e^dorse a certificate of such

payment on the instrument under his seal

and signature. (3)The Collector may, suo n-.otu within too years from the cats of registration of any instrument not already referred to him under

himself as to the correctness of its value or coraiderslior:. a.. :'2 c^e may be, and the

duty payable thereon, and if after suet

examination, he has r^ason to believe the. "{3) In the case cf irr^^rrrK.T.s rcisling !o land, chargeable wi:h ad valorem duty, the Government may notify minimum rates for valuation or iand.".

In the Principal Act, after section 47, the following section shall be inserted, namely:— "47A. (1) If the Registering Officer, while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon. (2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, by order determine the value of the property or the consideration and the duty aforesaid, and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall endorse a certificate of such payment on the instrument under his seal and signature. (3) The Collector may, suo motu within two years from the date of registration of any instrument not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon, and if after such examination, he has reason to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty aforesaid in accordance with the procedure provided for in sub-section (2), and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall endorse a certificate of such payment on the instrument under his seal and signature. (4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the District Court within whose jurisdiction the property transferred is situated. (5) An appeal under sub-section (4) shall be filed within thirty days of the date of the order sought to be appealed against. (6) The District Court shall hear and dispose of the appeal in such manner as may be prescribed by rules under this Act. Explanation.— For the purpose of this section, value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer of such property".