Section 98 in The Orissa Development Authorities Rules, 1983
98. Manner of payment of increased stamp duty under Sub-section (4) of Section 78.
(1)The increased stamp duty under Section 78 on instruments of sale including certificates of sale granted by Civil Courts or Revenue Officers, gift and usufructuary mortgage affecting immovable property situated in the area or areas in which the Act is in force shall be imposed with effect from the date on which the Act is brought into force in such area or areas and shall be paid and recovered in the same manner and in accordance with the same procedure as in case of the ordinary duty imposed by the Indian Stamp Act, 1899 as amended by the Orissa Stamp (Amendment) Acts, from time to time, on such instruments and certificates.(2)Wherever any instrument referred to in Sub-rule (1) is presented to any registration officer in the State for registration, such officer shall examine whether the particulars referred to in Section 27 of the Indian Stamp Act, 1899 as amended from time to time are set forth separately in the instrument in respect of-(a)property situated in the area covered by the Act ; and(b)property situated outside the area as required by Sub-section (2) of Section 78.(3)Every registering officer in the State shall maintain an account of the duty paid in respect of each instrument referred to in Sub-rule (1) by showing the same under columns of Schedule XXI-Form No. 3 (Fee Book) alongwith information relating to collection of stamp duty under the Indian Stamp Act, 1899 as amended, from time to time and there shall be separate entries for each of the relevant categories. The daily totals of various stamp duties, as in the case of fees, shall be worked out and entered in the remarks column of Form 'B' (Part II) of the rough draft sheet. From these daily totals, monthly totals shall be worked out.(4)Immediately after completion of a quarter of a financial year, an extract of the statement shall be submitted to the District Registrar who, on receipt of the same, shall compile it and submit within a month following the quarter to which the accounts relate, in quadruplicate to the State Government in the Housing and Urban Development Department and the Revenue Department, Inspector General of Registration, Orissa and the Accountant General, Orissa.(5)On receiving intimation regarding the amount due to each Authority, the Inspector General of registration shall send intimation to the Accountant General with a copy to the State Government in the Housing and Urban Development Department and the Revenue Department, as to the amount payable to each Authority, after making deductions, towards incidental expenses as provided in Sub-rule (8).(6)The State Government in the Revenue Department shall, on receipt of intimation under Sub-rule (5), make arrangements to place the funds of the disposal of the Housing and Urban Development Department who shall before the end of each financial year, issue necessary sanction order for payment to the Authorities concerned, of the amount payable.(7)The increased stamp duty referred to in Section 78 shall be payable to the Authorities concerned before the end of the financial year following the one in which the stamp duty chargeable under the Act has been collected by the registering authority.(8)Incidental expenses as referred to in Sub-section (4) of Section 78 shall be at the rate of two per cent of the amount collected for payment to the Authority.(9)Any fraction of a rupee shall be rounded to the nearest rupee obtained for the purpose of calculating the percentage indicated in Sub-rule (8).(10)The incidental expenses deducted under Sub-rule (8) shall be credited to the State Government account under the appropriate head.(11)If in any case it is not possible to recover the full stamp duty on any instrument referred to Sub-rule (1), then no part of the stamp duty realized on such instrument shall be treated as duty imposed by Section 78 unless the sum realised exceeds the duty imposed by the Indian Stamp Act, 1899 as amended from time to time.
