JHARKHAND STAMP (AMENDMENT) RULES, 2020

PREAMBLE

In exercise of the powers conferred by section 75 of the Indian Stamp Act, 1899, the Governor of Jharkhand makes the following rules to amend the Jharkhand Stamp Rules, 1954, (Adopted)

Rule - 1. Short Title, extent and Beginning.--

(1)     These rules shall be called Jharkhand Stamp (Amendment) Rules, 2020.

(2)     It shall extend to the whole of the State of Jharkhand.

(3)     It shall come into force from the date of notification.

Rule - 2. After Rule-3(2) of Jharkhand Stamp Rules, 1954 (Adopted by Jharkhand Govt), Rule-3(3) is inserted in the following manner.--

3(3) Provided also that the Revenue Registration and Land Reforms Department may subject to such condition as it may think proper, make provision of payment of stamp duty through Debit Card/Credit Card/Net Banking/E-Challan under e-gras module of Planning-cum-Finance Department, apart from Stamp Paper and e-Stamp.

Rule - 3. After the new rule 3(3), rule 3(4) is inserted in the following manner.--

3(4) For payment of stamp duty through e-gras, the parties shall log in under National Generic Deed Registration System and enter the name & address of payee and the purpose of payment. Afterwards, payment of stamp duty shall be done by Debit Card/Credit Card/Net Banking/E-Challan etc.

After Payment of stamp duty, the original receipt generated shall be attached with the Deed and the following certificate will be endorsed by the party with his signature that- "No service has been taken earlier through this receipt."

It shall be the responsibility of the officer giving service to "Deface" the challan generated under e-gras, after providing service, so that the challan couldn't be used again on e-gras.

The payment of stamp duty through e-gras will be done only for document registration. Later on, the department may extend it for other purposes also.

Rule - 4. After rule 3(4), rule 3(5) is inserted in the following manner.--

3(5) Refund of Payment:-

In case the stamp duty paid through above method is not used, the party may within one year of payment, apply for refund of stamp duty paid, before the Collector of concerned district in prescribed Form-A and the Collector shall refund the stamp duty deposited. After one year of the date of payment and up to two years of payment of stamp duty, refund shall be made after the permission of Divisional Commissioner. After two years of the date of payment, stamp duty shall be refunded after taking the permission of departmental Principal Secretary/Secretary/Secretary-cum- Inspector General of Registration/Inspector General of Registration.

With the application for refund, the party shall submit clearly legible e-challan and shall submit an affidavit mentioning that, "Service has not been taken through this e-challan and no refund has been taken earlier."

Prior to refund, the Collector has to obtain a report from the District Sub Registrar regarding providing or not providing the service through the e-challan. The District Sub Registrar shall before submitting the report, "Deface" the e-challan and shall mention this fact in his report also.

After getting confirmation from District Sub Registrar regarding not providing service, the Collector shall refund the money after deduction 10% ten percent of the amount paid.

Rule - 5.

The Inspector General of Registration will be competent to issue relevant orders as required for the implementation of these rules.

Form-A

Applicant before the Collector for refund of stamp duty paid through e-grass.

1.        The total amount of stamp duty paid ................./Rs. (In words ............................)

2.        (i) Name of the person who has deposited stamp duty ............................

(ii) Address- ........................... ..............................................................................

3.        Purpose of stamp duty payment ...................... .........................................

4.        Date on which stamp duty is paid ............................................................

5.        Name of the Bank and its Branch ............................................................

6.        G.R.N. No ..................................... and Date .................... of the e-challan.

(Self attested & Legible copy of e-challan is to be enclosed with the application)

7.        Reason of Refund .................................... ................................................

Declaration- I hereby declare that the above information is correct. I have not taken any service against the stamp duty paid and in case of any loss to the Government due to wrong information, I shall be responsible for recovery and legal action.

Place : ..........................

Dated : .........................

...............................

Signature of Applicant

Address: ......................