Kerala Stamp (Prevention of Undervaluation of Instruments) Rules, 1968
These rules may be called the Kerala Stamp (Prevention of Undervaluation of Instruments) Rules, 1968.
In these rules, unless the context otherwise requires, -
(a) "Act" means the Kerala Stamp Act, 1959 (17 of 1959);
(b) "authorised agent" means -
(i) a person holding a power of attorney authorising him to act on behalf of his principal; or
(ii) an agent empowered by written authority under the hand of his principal;
(c) "Form" means a form appended to these rules;
(d) "Registering Officer" means the Registering Officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908);
(e) "Section" means a section of the Act.
(1) 1[If an instrument (being an instrument of gift, settlement, 2[x x x x] transfer of lease, conveyance, transfer of kanam or mortgage with possession or any other instrument of transfer of property inter vivos which is subject to ad valorem duty without any maximum limit) relates] to a number of items of property, the value shall be specified in respect of each item separately. For this purpose, the party executing the document shall 3[furnish along with the instrument a separate statement in Form I containing] information about the various items of properties involved and his own assessment of the value of each of those items separately.
Explanation.-- If an instrument covers lands comprising several survey numbers or sub-division numbers, the value shall be specified for the land covered by each survey number or sub-division number, as the case may be, separately.
4[(1 A) If an instrument relates to only one item of pr
(1) A reference under sub-section (1) of 7[Section 45B] from a Registering Officer shall be accompanied by a statement in Form IA.
(1A) On receipt of such reference by the collector or where the Collector proposes to take action suo motu under sub-section (3) of 7[Section 45B], he shall issue a notice in Form II or Form IIA, as the case may be.
(a) to every person by whom, and
(b) to every person in whose favour the instrument has been executed, informing him of the receipt of the reference from the Registering Officer or, as the case may be, the Collector's proposal to take suo motu action, and asking him to submit to the Collector representations, if any, in writing to show that the value of the property or the consideration has been truly set forth in the instrument and also to produce all evidence that he has in support of his representation, within twenty-one days from the date of service of the notice].
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The Collector shall, as far as possible, have also regard to the following points in arriving at the provisional value or consideration, namely:-
(a) in the case of lands,-
(i) nature of the land or ground such as garden, wet and the like;
(ii) other factors, which influence the valuation of the land in question;
(iii) points, if any, mentioned by the parties to the instrument or any other person which require special consideration;
(iv) value of adjacent lands or lands in the vicinity;
(v) average yield from the land, nearness to road and market, level of land, transport facilities, facilities available for irrigation, such as tank, wells, etc;
(vi) the nature of crops raised on the land;
9[(vii) the use of land, domestic, commercial, industrial or agricultural purposes;]
(b) in the case of house sites,-
The Collector shall communicate a copy of his order provisionally determining the value of the properties for the consideration thereof and the duty payable to all the persons who are liable to pay the duty along with a notice in 7[Form III or Form IIIA, as the case may be] and call upon the parties to lodge their objections, if any, to such determination of the value or consideration within the time specified in the notice. The Collector shall also hear the parties on the date specified in the notice or on such other day as may be fixed by him.
11[(1) The Collector shall, after considering the representations received in writing and those urged at the time of hearing or in the absence of any representation from the parties concerned or their failure to appear in person at the time of hearing, in any case, after careful consideration of all the relevant facts and evidence available with him, pass an order within 3 months from the date of first notice, issued under Rule 6, determining the consideration or value of the properties, as the case may be, and the duty payable on the instrument, and communicate the order so passed to the parties and take steps to collect the difference in the amount of stamp duty, if any.]
(2) A copy of the order shall be communicated to the Registering Officer concerned for his record.
12[(3) the difference in the amount of duty payable on the value/consideration, as the case may be, determined by the Collector and the duty already paid shall be paid within 2 mo
In an enquiry under these rules any party to an instrument may appear either in person or through an advocate or an authorised agent.
13[(1) The appellant shall deposit twenty five percent of the difference in the amount of duty as determined by the Collector under sub-sections (2) or (3) of Section 45B of the Act as the case may be, through a Treasury Chalan in the Head of Account 0030 Stamps and Registration-02 Stamps non- judicial-103- Duty on impressing of documents- 97 Duty on unstamped or insufficiently stamped documents. The said amount shall be adjusted after the appeal is disposed off and in case no amount is required to be paid by the appellant the amount shall be refunded. The procedure for refund of the amount shall be the same as applicable in case of impressed stamp under the Act.]
13A[(1A)] An appeal, under sub-section (4) of 13B[Section 45B] shall contain the following particulars, namely:-
(a) full name, father's name, or husband's name, occupation and address of the applicant:
(b) full name, father's name, or husba
(1) If the appellate authority admits the appeal, a date shall be fixed for hearing the appellant. The appellate authority shall issue a notice to the appellant informing him of the date on which and the time and place at which the appeal shall be heard. Such notice shall also state that if the appellant does not appear on the day so fixed or any other day to which the hearing may be adjourned, the appeal shall be liable to be dismissed for default or disposed of on merits ex-parte.
(2) The appellate authority shall send a copy of the notice to the Collector together with a copy of the appeal and call for and obtain the records of the case from the Collector.
On the date fixed or on any other date to which the case may be adjourned, the appellate authority shall hear the appellant and receive any evidence adduced on his behalf. It shall also hear the person if any, appearing on behalf of the Collector and receive the evidence, if any, adduced in support of the Collector's order.
After considering all the evidence adduced and representations made on behalf of the appellant and the Collector and examining the records of the case, the appellate authority shall decide whether or not the value of the properties or the consideration as determined in the order of the Collector under sub-section (2) or sub-section (3) of 14[Section 45B] is correct. In case, the appellate authority does not accept the valuation of the properties or the consideration determined by the Collector, it shall determine the correct value of the properties or the consideration and the duty payable on the instrument. The appellate authority shall embody its decision and the reasons therefor in an order and communicate it to the appellant, the Collector and the Registering Officer concerned.
As soon as possible after the order is passed, the appellate authority shall return the records of the Collector to that Officer.
(1) The appellate authority may adjourn the hearing of the appeal from time to time, as it thinks fit.
(2) The appellate authority may, at any stage, call for any information, record or other evidence from the appellant or the Collector.
(3) In the appeal, the appellant may appear either in person or through an Advocate, or an authorised agent.
(4) In respect of matters not provided for in these rules, the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) relating to the procedure to be followed by the appellate authority in appeals against the orders of the Civil Court shall, as far as may be, apply to appeals under sub-section (4) of 14[Section 45B].
Any notice under Rule 4 or Rule 6 and any order under Rule 4 or Rule 7 shall be served in the following manner, namely: -
(a) in the case of any company, society or association of individuals, whether incorporated or not, be served -
(i) on the Secretary or any director or other principal officer of the company, society or association of individuals, as the case may be; or
(ii) by leaving it or sending it by registered post acknowledgement due, addressed to the company, society, or association of individuals, as the case may be, at the registered office, or if there is no registered office, then at the place where the company, society or association of individuals, as the case may be, carries on business.
(b) in the case of any firm, be served,-
(i) upon anyone or more of the partners;
(ii) at the principal place at which the partnership business is carried on, upon any
*FORM I (See Rule 3) The Statement furnished under Rule 3 of the Kerala Stamp The statement furnished before the Office of the Sub-Registrar ............................regarding the instruments executed on the ................................... day of ................................................by Sri........................................... in favour of Sri........................................... (1) The name(s) and address(es) of person/persons executing the instrument. (2) The name(s) and address(es) of person/persons in whose favour the instrum
(Prevention of Undervaluation of Instruments) Rules, 1968
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