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The Governor is pleased to order the publication of the following English translation of Government notification no. KNo.-7-260/11-2012-500(

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Parent: THE INDIAN STAMP ACT, 1899 (2 of 1899) (1f44732fb452f662c9a894a1100bb3fc9c500bc1)

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The Governor is pleased to order the publication of the following English translation of Government notification no. KNo.-7-260/11-2012-500(971/2008 dated 21-02-2013: NOTIFICATION No. KNo.-7-260/11-2012-500(97)/2008 Lucknow, Dated 21-02-2013 In exercise of the powers under sections 10, 74 and section 75 of the Indian Stamp Act, 1899 (Act no. Il of 1899), the Governor is pleased to make the following rules, namely: THE UTTAR PRADESH E-STAMPING RULES, 2013 PART-I PRELIMINARY 1. Short title, extent and commencement (1) These Rules may, be called the Uttar Pradesh E-Stamping Rules, 2013. (2) These Rules shall be applicable to the whole State of Uttar Pradesh: (3) They shall come into force with effect from the date of their publication in the Gazette. 2. Definitions-(1) In these rules unless there is anything repugnant in the subject or context, (a) Act' means the Indian Stamp Act, 1899 (Act no_ 2 of 1899),as amended from time to time in its application to Uttar Pradesh; (b) Agreement' means the agreement executed between the Appointing Authority and the Central Record-keeping Agency describing the terms and conditions of appointment of the Central Record-keeping Agency; (c) Appointing authority" means the Government or the Commissioner of Stamps, authorized by the Government in this behalf by notification in the Gazette for any specific purpose under these rules; (d) Approved Intermediaries" means the Central Record-keeping Agency and the Authorized Collection Centres including all its offices and branches as appointed with the prior approval of the Government to Act as an intermediary between the Government and the Stamp duty payer for collection of Stamp duty under these rules; (e) Authorized Collection Centre' means an agent appointed by the Central Record-keeping Agenc

Rule TOC

1 · Short title, extent and commencement (1) These Rules may, be called the Uttar Pradesh E-Stamping Rules, 2013.
2 · Definitions-(1) In these rules unless there is anything repugnant in the subject or context, (a) Act' means the Indian Stamp Act, 1899 (Act no_ 2 of 1899),as amended from time to time in its application to Uttar Pradesh;
14 · UnR wivi #IERM Jic, 21 Ta,_2013 f which thie Appointing Authority has decided t0 , terminale Ihc (3) I ihe ground, Om appointmcnt is such that iuhas also caused loss of revenue (0 the State; the Central Record-keeping the complete amount of revenue loss. in addition to such amounl Agency shall be bound to pay of penalty as may be imposed by such authority; The amount ol penalty that may be imposed under sub-rule (3) will not exceed up lo an acU( eqqual to twice the loss ol revenue; (5) (n termination of appointment under this rule. the Central Record-kceping Agcncy shall (rnsfer all (he data generated during the period of appointment to the Government: Alter (he termination of the appointment of (he Central Record-keeping Agency: shall not use Or cause lo he used (he data generated during tlic period of appointment for its business or any Other purpose what-soever S. Rencwal of appointment o Central Record-kccping Agency-(1) The applieation for renewal of appointment of the Central Record-keeping Agency will bc made to the Appointing Authority at lcast three months before Ihe expiry of the running term of appointment. The Appointing Authority may, belore (aking decision on the application for renewal of the appointment of the Central Record-kecping Agency. call for any information Or record from Ihc Department or the Central Record-keeping Agency or the Authorized Collection Centers Or ay other person or body. On bcing salislied about the suitability of renewal the Appointing Authority may renew the appointment If the Appointing Authority decides lo rcncw the Appointment, a fresh agreement referred in rule 6 (!) and underlaking and in Indemnity Bond referred (0 in rule 6(2) will: be exccuted with suitable amendments, ifany. The Appointing Authorily shall have power to refusc the renewal of Athc lerin o appointment for reasons to bc rccorded in writing: PART-HII DUTIES OF THE CENTRAL RECORD-KEEPING AGENCY 9. Dutics of Central Record-kceping Agency-(I) The Central Record-kccping Agency shall be responsible for _ (a) crcating nced based infrastruclurc, hardware and sofiware in designaled places in consultation with the Appointing Authority and its connectivity with its main server; (b) crealing nced based sollware in the oflices of Registering Officers and Supcrvisory and Controlling Officcrs of the Department and at authorized collection centers; the point of contact for paymemt %f Slamp duty. within the State %r at such places aS may be specilied from time to time by the Appointing Authority: (c) providing suitable and adequate training for opcration and thc use of the system t0 tthe personnel of 'Ie department #S may be specil lied from time to time by the Appointing Authority: (d) facilitating in selection (f' authorized collection centres for callection of stamp duly and issuing E-slamp ccrtilicales: co-ordinating betwcen the central servcr o Central Recard-keeping Ageney Authorized collection centers (hanks; elc: ) and the oflices of the Registering Ollicers ` and Supervisry and Controlling Officers of the Department or any Other oflice or places as may be specilied by the Appointing Authority
12 · Appointment of Authorized Collection Center-The Central Record-keeping Agency may appoint agent(s), herein after called Authorized Collection Centers, with prior approval of the Appointing Authority, to act as an intermediary between the Central Record-keeping Agency and the stamp duty payer for collection of stamp duty: The service changes, commission or fee etc: payable to Authorized Collection Centers shall be paid by the Central Record- keeping Agency at their own level as mutually agreed between them: 1[13. Eligibility criteria for appointment of Authorized Collection Center- Any Scheduled Bank, any Financial Institution or undertaking controlled by the Reserve Bank of India or the Financial Institution or Undertaking controlled by the Government; or a Post Office or a stamp vendor having license under Uttar Pradesh Stamp Rules, 1942, possessing educational qualifications prescribed by the Stamp Commissioner Uttar Pradesh or Common Service Center e-Governance Services India Limited or Fair-price shop owner will be and eligible for appointment as Authorized Collection Center, subject to the prior approval of the Appointing Authority under rule 12.] 14. Branches of Central Record-keeping Agency also to collect Stamp duty-All the offices/branches of the Central Record-keeping Agency in specified places of the State, as declared by Appointing Authority from time to time collect the payment of Stamp duty for which separate approval from the Appointing Authority under rule 12 will not be required:
15 · Infrastructure-All such Approved Intermediaries shall be equipped with the required computers, printers, internet connectivity and other related infrastructure which is necessary to implement the E-stamping system as specified by the Central Record-keeping Agency from time to time: 16. Cost of Infrastructure-The cost of providing equipment and infrastructure referred to in rule 15 will be borne by the concerned Approved Intermediaries.
17 · State to provide necessary hardware and infrastructure in the offices of the Department the Government shall make arrangements for necessary infrastructure at the Officer of Registering Offices, and their supervisory and controlling officers, which includes the computers, printers, bar code scanners, internet connection, etc as specified by the Central Record-keeping Agency from time to time:
18 · Termination of agency of Authorized Collection Centre the Appointing Authority may at any time, for reasons to be recorded in writing, advice the Central Record-keeping Agency to terminate the agency of any Authorized Collection Centre and the Central Record-keeping Agency shall on such advice terminate the agency of such Authorized collection centre.
19 · Minimum Value limit of E-stamp certificate (1) The E-stamp certificates may be issued only for amounts exceeding Rs. 9999 (Rupees nine thousand nine hundred ninety) of such other minimum amounts as may be specified by the Appointing Authority from time to time: (2) The limit referred to in sub-rule (1) shall not apply to issue of E-stamp certificate for payment of additional stamp duty under rule 28.
20 · Central Record-keeping Agency to deposit the Stamp duty to Government account and payment of commission to CRA-(1) The Central Record-keeping Agency shall reconcile and deposit the consolidated amount of Stamp duty collected by its offices/branches and by its Authorized Collection Centers in the proper Head of account of Stamp and registration as may be notified from time to time by the Government not later than the closure of business hours of next two working days from the date of such collection of Stamp duty or within such period as may be mutually agreed to in the Agreement (2) The method of remittance of the amount of Stamp duty by the Central Record-keeping Agency to the proper Head of the State shall be through Electronic Clearing System, (ECS), Real Time Gross Settlement National Electronic Fund Transfer (RTGS) challan or otherwise as may be directed in writing by the Appointing Authority from time to time. (3) The deposit referred in sub-rule (1) shall be transferred in the Government Treasury or Authorized Banks and the Central Record-keeping Agency shall maintain the daily account of such deposits in the Register which shall be in such form as may be determined from time to time by the Appointing Authority. (4) The Central Record-keeping Agency shall be paid commission on the basis of the consolidated receipt statements submitted by it either on the monthly or bi-monthly basis as may be determined from time to time by the Government or in accordance with the Agreement in the Form No. 1 appended to these rules. The commission shall be paid under this sub-rule after deducting Income Tax at source: The Central Record-keeping Agency shall be liable to pay any other taxes which are payable under any Central or State Act: PART-VI Procedure for Issue of E-stamp certificate 21. Application for E-stamp certificate-The person desiring to pay Stamp duty shall make and application in Form-3 to any of the branch of Central Record-keeping Agency or Approved Intermediaries, along with the requisite details and amount of Stamp duty for getting the E-stamp certificate: 22. Mode of payment of Stamp duty-The payment of amount of stamp duty shall be made by means of Cash or Pay Order or Cheque or Bank Draft; or Electronic Clearing System or Real Time Gross Settlement or any other mode of transferring funds as directed by the Appointing Authority: 1[23-Issue of E-stamp certificate-(1) The Authorized official of Approved Intermediary shall issue E-stamp certificate for the amount received under rule 22. (2) The Approved Intermediary, who is issuing the E-Stamp certificate shall keep a daily account of issued E-stamp certificates in a Register to be maintained by them and take signature of the purchaser or the Authorized person, as the case maybe, on the relevant column of the Register: (3) The Commissioner of Stamp shall make arrangements for self-printing of E-stamp certificate against the amount received under rule 22, for the general public. (4) Self Printing of E-stamp certificates under above mentioned sub-rule (3) shall be permissible, up to the limit of amount specified by the Commissioner of Stamp:] 24. Authorized official issuing the E-stamp certificate-The Approved Intermediary shall ensure that the person who has been given the duty to issue E-stamp certificate is regular full-time employee of their Agency or Institution and having suitable credentials. 25. E-stamp certificate and size of paper thereof and printed area therein: -(1) The signature and seal, showing name and designation of the Issuing Officer and name and address of the branch of Approved Intermediary, and other details as provided by the applicant in application Form-3 shall be made by non-washable permanent black ink or such other appropriate colour and shade as may be determined by the Commissioner of Stamps,
8G · 4aq 3RTIROT TTUTZ , 21 Tvad , 2013 $o ~Thc Inspeeting Officer and the technical-cum-audit 36. Suhmission Inspeetion report observations regarding omissions; expertagency shall submnit inspection report mentioning Uke ad recommendations clc: (o il suegesticns thic violations: delays (" irregularities. aY . Commissioner of Stamps 37. Commissioner of Stamps (o (ake appropriate action Thc Commissicner o" Stamps in the: matler ad ( receipl ol" inspection report shall Iakc appropriale action maY make recommendation (o (he Appointing Authority ineluding imposition Of penalty and/or termination or - appoitment of Central Record-keeping Agency or Ihe agency Authorized as Collcetion Centre (ifso warrauted by" the circumstances) IC; however: (he Commissioner ol Slamps is also authorized by the (iovernment to fimnction iIS Appointing Authority. he will (ake appropriale action in that capacity under these rules: 38. Appointing authority t (ake appropriate action The Appointing Authority May. aller giving a reasonable opportunity ol heing heard . thc ( entral Record-keeping Ageney or the agency authorized as Colleetion Centre, lake any appropriate action as it deems fit On the basis of the inspectiom/echnical audit report and the recommendations of the Commissioner ol Stamps: PART-IX PENALTY FOR OMISSIONS AND) VIOLATIONS 39. Penalty for delay in remittance t0 Government account-In case thc Central Record- Keeping Agency fails t0 remit the amount of Collected Stamp Duly il the Head of Account ol the Stale within the period as stipulated in sub-rule (1) of rule 20. the Central Record-Keeping agency shall be liable to pay penalty for delay. besides the collecled amount of stamp duly in the following manncr Period of delay Penalty When thc amount of stamp Punitive amnount equal to the duty So collecled is remitled 0n third commission payable to thc Central working day or aftcr that day bul on Record-kecping Agency (II thc Or hefore seventh working day (rom respective amount which Was thic dalc of collection; delerred to bc remitted: ii) When thic amount ol Stamp The penalty imposed above and duty so collccted is remitted alier in addition L0 that the compound closing of seventh working day from penalty of one per cent pcr day of the the datc of collection. amount of collecled stamp duty shall also be imposcd from the first day of delault in remittance.
40 · Dispute regarding delay in remittancc-- (1) In case of any dispule regarding the reason o delay in remitting the stamp duty ad the consequent liability to pay penalty under rule 39 . the Central Record-keeping Agency shall he given a reasonable opportunity of bcing hcard on thc point of reasons of delay (2) If the Commissioner of Stamps is satislied that the delay in remittance was caused due (o reason(s) beyond the control of the Central Record-kecping Agency (such as Acts ol God. Acts of Civil or Military. authorities: fire: cpidemics. wars: terrorist acts riots. carthquakes. storms: typhoons. floods) he may waive off the penalty stipulaled in rule 39 cither fully Or partially. In case ol any dispute O any issue Ol penalty imposed. the matter may be relerred (o the Government. and the decision of the Government shall he final.
The Governor is pleased to order the publication of the following English translation of Government notificat… — THE INDIAN STAMP ACT, 1899 (2 of 1899) — Roop's Law Assist Statutes