Chapter II REVISION OF TAXES

-1 2. Amendment of Act 17 of 1959.—In the Kerala Stamp Act, 1959 (17 of 1959),—

1. (1) in section 28A, for sub-section (1B), the following sub-section shall be substituted, namely:–– “(1B) Notwithstanding anything contained in this Act or the rules made thereunder, the Government may, by notification published in the Official Gazette, make an increase of a fixed percentage in the fair value of land fixed as per sub-section
2. (1) or revised fair value under sub-section (1A) from time to time and the value so increased shall be deemed to be the fair value of the land.”;
3. (2) in the schedule,––
   • (a) in serial number 16, in column (2), for the words “or other Revenue Officer”, the words and symbol “, other Revenue Officer or a Civil Officer” shall be substituted;
   • (b) for serial number 33 and the entries against it in columns (1),
4. (2) and
5. (3) and explanation thereto, the following serial number, entries and explanation shall respectively be substituted, namely:–– “33. Lease–including an underlease or sub-lease and any agreement to let or sub-let— Where such lease purports to be—
   • (a) for a term less than one year : Rupees 500
   • (b) for a term not less than one year but not more than 5 years : Same duty as a conveyance (No. 21 or 22, as the case may be) on ten percentage of the value of the property subject to a minimum of Rupees 500.
   • (c) for a term exceeding 5 years but not exceeding 10 years : Same duty as a conveyance (No. 21 or 22, as the case may be) on twenty percentage of the value of the property subject to a minimum of Rupees 1000.
   • (d) for a term exceeding 10 years but not exceeding 20 years : Same duty as a conveyance (No. 21 or 22, as the case may be) on thirty five percentage of the value of the property subject to a minimum of Rupees 2000.
   • (e) for a term exceeding 20 years but not exceeding 30 years : Same duty as a conveyance (No. 21 or 22, as the case may be) on sixty percentage of the value of the property.
   • (f) for a term exceeding 30 years or not for any definite term: : Same duty as a conveyance (No. 21 or 22, as the case may be) on ninety percentage of the value of the property. Explanation I:—For the purpose of this serial number, “the value of the property” means for land where the fair value has been fixed under section 28A, such fair value, and for leases where no fair value has been fixed for the land or for leases of Government land, the market value declared in the lease deed. Explanation II:—Any consideration in the form of premium or money advanced or to be advanced, by whatever name called, shall be added to the fair value for the assessment of stamp duty. Explanation III:—If a lease relates to only one item of property and that property is a building, or if an instrument relates to more than one item of property and one or more such item is or are building or buildings, the whole rental amount payable or deliverable under such lease, and/or any consideration in the form of premium or money advanced or to be advanced, or the proportionate fair value of the land in which the building is situated, whichever is higher, shall deemed to be the value of the property. Explanation IV:—The renewal period, if specifically mentioned, shall be treated as part of the present lease. Explanation V:—If the lease of property is for the installation of mobile tower, the fair value of the land or the whole rental amount payable, whichever is higher, shall deemed to be the value of the property for assessment of stamp duty.;
   • (c) in serial number 43,—
     • (i) for item (b), the following item shall be substituted, namely:—

“(b) Instrument of Reconstitution of Partnership that is to say, where on reconstitution of the partnership any immovable property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in partnership Eight percent on the fair value of the property subject to a minimum of rupees One thousand”;

1. (ii) after item

1. (b) so substituted the following items shall be inserted, namely:––

“(c) Dissolution of partnership deed, where on a dissolution of the partnership any immovable property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership Eight percent on the fair value of the property subject to a minimum of rupees One thousand

1. (d) in any other case One thousand rupees”;
2. (d) in serial number 44, in item (g), for entry in column (2), the following entry shall be substituted, namely:–– “when giving authority or power to a promoter or a developer, by whatsoever name called, to make construction on or development of, (in any manner whatsoever) any immovable property situated in Kerala and not being a power of attorney authorising sale or transfer of immovable property in any manner”.

Amendment of Act 10 of 1960.––In the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960) in schedule II, after article 19 and the entries against it in columns

1. (2) and (3), the following articles and entries shall be added in column (1),
2. (2) and
3. (3) respectively, namely:–– "20
   • (a) Petition or counter claim presented to family court under explanation
   • (c) of sub- section
4. (1) of section 7 of the Family Courts Act, 1984 (Central Act 66 of 1984),––
   • (i) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, upto rupees five lakhs Two hundred rupees
   • (ii) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees five lakhs and upto twenty lakhs Five hundred rupees
   • (iii) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees twenty lakhs and upto fifty lakhs One thousand rupees
   • (iv) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees fifty lakhs and upto one crore Two thousand rupees
   • (v) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees one crore Five thousand rupees
   • (b) Appeals filed before the High Court under section 19 of the Family Courts Act, 1984 (Central Act 66 of 1984),––
     • (i) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, upto rupees five lakhs One hundred rupees
     • (ii) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees five lakhs and upto twenty lakhs Two hundred and fifty rupees
     • (iii) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees twenty lakhs and upto fifty lakhs Five hundred rupees
     • (iv) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees fifty lakhs and upto one crore One thousand rupees
     • (v) When the total claim amount in the petitions/counter claim amount valued, after deduction of the amount valued for the dwelling house, above rupees one crore Two thousand and five hundred rupees 21
   • (a) Complaints filed under section 138 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881),––
     • (i) When the amount of dishonored cheque involved in the complaint is upto rupees fifty thousand Two hundred and fifty rupees
     • (ii) When the amount of dishonored cheque involved in the complaint is above rupees fifty thousand and upto two lakhs Five hundred rupees
     • (iii) When the amount of dishonored cheque involved in the complaint is above rupees two lakhs and upto five lakhs Seven hundred and Fifty rupees
     • (iv) When the amount of dishonored cheque involved in the complaint is above rupees five lakhs and upto ten lakhs One thousand rupees
     • (v) When the amount of dishonored cheque involved in the complaint is above rupees ten lakhs and upto twenty lakhs Two thousand rupees
     • (vi) When the amount of dishonored cheque involved in the complaint is above rupees twenty lakhs and upto fifty lakhs Five thousand rupees
     • (vii) When the amount of dishonored cheque involved in the complaint is above rupees fifty lakhs Ten thousand rupees
   • (b) Appeal filed against judgment in section 138 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881),––
     • (i) When an appeal filed, on getting leave under clause
   • (b) of sub-section
5. (2) of section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) before the High Court at the instance of the complainant against the order of acquittal Five hundred rupees for cheque upto rupees two lakhs and one thousand rupees for cheques above rupees two lakhs
   • (ii) When filed at the instance of accused against conviction before the Sessions Court Five hundred rupees for cheque upto rupees two lakhs and one thousand rupees for cheques above rupees two lakhs
   • (c) Revision filed against judgement in section 138 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881),––
     • (i) At the instance of the complaint challenging insufficiency of sentence before the High Court Five hundred rupees for cheque upto rupees two lakhs and one thousand rupees for cheques above rupees two lakhs
     • (ii) When filed at the instance of accused against conviction before the Sessions Court Five hundred rupees for cheque upto rupees two lakhs and one thousand rupees for cheques above rupees two lakhs.”.

Amendment of Act 23 of 1963.—In the Kerala Electricity Duty Act, 1963 (23 of 1963),—

1. (i) in sub-section

1. (1) of section 3, for the figure and words “6 Naye Paise”, the figure and word “10 paise” shall be substituted;
   • (ii) in the schedule, in item 5 in column (3),—
   • (a) for the figure and symbol “1.2”, the figure “15” shall be substituted;
   • (b) after the existing entry, the following exemption shall be inserted, namely:— “Exemption:— The consumers who generated and consumed energy from solar sources are exempted.”.

Amendment of Act 19 of 1976.—In the Kerala Motor Vehicles Taxation Act, 1976 (19 of 1976),––

1. (1) in clause
   • (b) of sub-section
2. (5) of section 3, for the second proviso, the following proviso shall be substituted, namely:–– “ Provided further that in the case of vehicles covered with permit under sub-section
3. (9) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and registered in any State other than the State of Kerala and entered the State of Kerala and staying therein, the tax payable for such vehicle shall be,––
   • (i) if such stay does not exceeds seven days, one tenth of the quarterly tax for one round trip; and
   • (ii) if such stay exceeds seven days but does not exceed thirty days, one third of the quarterly tax for one round trip; and
   • (iii) in the cases of continuous operation in the State, quarterly tax.”;
4. (2) in the schedule, in serial number 7, in item (i),—
   • (i) in sub-item (e),—
   • (a) in column (2), the words “registered in Kerala and” shall be omitted;
   • (b) in entry (i), in column (3), for the figure “2250”, the figure “1500” shall be substituted;
   • (c) in entry (ii), in column (3), for the figure “3000”, the figure “2000” shall be substituted;
   • (d) in entry (iii), in column (3), for the figure “4000”, the figure “3000” shall be substituted;
     • (ii) in sub-item (f), for the words, symbol and brackets “sub-sections
5. (8) and
6. (9) ”, the words, symbol and brackets “sub-section (8)” shall be substituted.