Section 158 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
158. Stamp duty on certain transfer of immovable property.
(1)The stamp duty imposed by the Bombay Stamp Act, 1958, on instruments of sale, gift and usufructuary mortgage, respectively of immovable property; shall, in the sale of instruments affecting immovable property situated within the jurisdiction of any Zilla Parishad and executed on or after such date as may be specified by the State Government by notification in the Official Gazette in that behalf, be increased by [one per cent] [These words were substituted for the words 'one half percentum' by Maharashtra 1 of 1993, Section 9.] on the value of the property so situated and in the case of an usufructuary mortgage, on the amount secured by the instrument, as set forth in the Instrument.[Provided that, where the State Government has, by rule or order issued under clause (a) of section 9 of the Maharashtra Stamp Act decided to reduce or remit the duties leviable under the said Act, such reduction or remission in duties shall also be applicable extra duty leviable under this sub-section, on the instruments of sale, gift and usufructuary mortgage, respectively, of immovable property.] [Added by Maharashtra Act No. 79 of 2018, dated 24.12.2018.](2)For the purpose of this section, section 28 of the Bombay Stamp Act, 1958, shall be read as if it specifically required the particulars therein referred to be set forth separately in respect of-(a)property situated in the jurisdiction of any Zilla Parishad; and(b)property not situated in the jurisdiction of any Zilla Parishad.(3)[ The Joint District Registrar and the Collector of Stamps of a District shall, pay to the Zilla Parishad an amount, equal to the extra duty realised under sub-section (1) in respect of the properties situated within the jurisdiction of the Zilla Parishad, after deducting such proportion thereof as cost of collection, as the State Government may specify in the order made in this behalf.] [Sub-section (3) was substituted by Maharashtra 29 of 2003, Section 8(a).](4)Every Zilla Parishad shall, out of the amount [* * * *] [ These words 'of grant-in-aid' were deleted by Maharashtra 29 of 2003, Section 8(b).] received by it under sub-section (3), contribute to the village fund of each panchayat within its jurisdiction an amount approximately equal to fifty per cent of the amount received by the Zilla Parishad in respect of the properties situated within the jurisdiction of such panchayat in accordance with the rules made in this behalf by the State Government.[Provided that, the Pune Zilla Parishad shall, in accordance with the rules made by the State Government in this behalf, out of the amounts received by it, within the jurisdiction of the Pune Metropolitan Region Development Authority, under sub-section (3),-(i)contribute an amount equal to twenty-five per cent. to the village fund of each Panchayat situated within the jurisdiction of the Pune Metropolitan Region Development Authority, and(ii)transfer an amount equal to twenty-five per cent. to the Pune Metropolitan Region Development Authority.](5)[*****] [Sub-section (5) was deleted by Maharashtra 29 of 2003, Section 8(c).](6)The State Government may make rules for carrying out the purposes of this section.
