Additional stamp duty on certain transfers of property

§39

Summary

(1) The duty imposed by the Indian Stamp Act, 1879, on any deed of transfer of immovable property shall in the case of an immovable Property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act: Provided that the State Government may, by notification in the Gazette, enhance, the aforementioned percentage of the increase in stamp duty up to five. (2) All collections resulting from the said increase shall, after deduction of incidental expenses, if any, be allocated and paid by the State Government, in its discretion, either to the Development Authority alone or to the Development Authority, the Uttar Pradesh Avas Evam Vikas Parishad and the Nagar Mahapalika or the Municipal Board, as the case may be, in such proportion as may from time to time be determined, in such manner and in accordance with such principles as the State Government may by notification in the Gazette specify. (3) For purposes of this section, section 27 of the Indian Stamp Act, 1899, shall be read as if it specifically required the particulars referred to therein to be separately set forth in respect of property within the development area and property situated outside such area. (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899, shall be so read and construed as if it referred to the Development Authority as well as to the State Government. (5) The provisions of clause (g) of sub-section (2) of section 172 and section 191 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 and of clause (xiii-B), of section 128 and section 128-A of the U. P. Municipalities Act, 1916 and section 62 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 shall, to the extent of any repugnancy with the provisions of this section, cease to have effect, and the professions of this section shall prevail. (6) The provisions of sections 6, 8 and 24 of the United Provinces General Clauses Act, 1904, shall apply in relation to such cesser as they apply in relation to repeal and re-enactment.

(1) The duty imposed by the Indian Stamp Act, 1879, on any deed of transfer of immovable property shall in the case of an immovable Property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act: Provided that the State Government may, by notification in the Gazette, enhance, the aforementioned percentage of the increase in stamp duty up to five. (2) All collections resulting from the said increase shall, after deduction of incidental expenses, if any, be allocated and paid by the State Government, in its discretion, either to the Development Authority alone or to the Development Authority, the Uttar Pradesh Avas Evam Vikas Parishad and the Nagar Mahapalika or the Municipal Board, as the case may be, in such proportion as may from time to time be determined, in such manner and in accordance with such principles as the State Government may by notification in the Gazette specify. (3) For purposes of this section, section 27 of the Indian Stamp Act, 1899, shall be read as if it specifically required the particulars referred to therein to be separately set forth in respect of property within the development area and property situated outside such area. (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899, shall be so read and construed as if it referred to the Development Authority as well as to the State Government. (5) The provisions of clause (g) of sub-section (2) of section 172 and section 191 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 and of clause (xiii-B), of section 128 and section 128-A of the U. P. Municipalities Act, 1916 and section 62 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 shall, to the extent of any repugnancy with the provisions of this section, cease to have effect, and the professions of this section shall prevail. (6) The provisions of sections 6, 8 and 24 of the United Provinces General Clauses Act, 1904, shall apply in relation to such cesser as they apply in relation to repeal and re-enactment.

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