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(1-A) Where the market value as set forth in the instrument is not less that the minimum value determined in accordance with any rules under this Act, and the Registering Officer has reason to believe that the market value has not been truly set forth in the instrument, he shall register such instrument and thereafter refer the same to the Collector for determination of market value of such property and proper duty thereon.

(2) On receipt of a reference under Section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed, determine the market value of the property which is the subject-matter of such instrument and the duty as aforesaid. The difference, if any, in the amount of duty shall be payable by the person liable to pay the duty."

10. Even otherwise, after the amendment in Section 47-A of the Act by Amendment Act No. 11/2000, there is complete departure from the language used earlier and the amendment of the State of Andhra Pradesh and State of Bihar. Prior to amendment, it was provided that the Registering Officer has reason to believe that market value of the property, which is the subject-matter of instrument has not been truely set forth. Now by amendment, in place of words "reason to believe", it is provided that when the Registering Officer finds that the market value of any property has been set forth less than the minimum value determined in accordance with any rules under this Act. Therefore, the Registering Officer is required to consider the minimum value set forth under the rules. Therefore, judgment of Andhra Pradesh High Court in the case of Sub-Registrar, Kodad Town and Mandal supra, Patna High Court in the case of Shrimati Shanti Devi Prasad supra and Full Bench judgment of this Court in the case of Sitaram supra will not be applicable in the light of the amendment in the Act.

11. Section 47-A(1) of the Act clearly provides that the Registering Officer while registering any instrument finds that the market value of any property which is the subject-matter of such instrument has been set forth less than the minimum value determined in accordance with any rules under the Act, he shall before registering such instrument refer the same to the Collector for the determination of the market value of such property and proper duty payable thereon and Section 47-A(1-A) relates to the instrument where the market value set forth is not less than the minimum value determined in accordance with any rules under the Act, Registering Officer has reason to believe that the market value has not been truly set forth in the instrument, he shall register such instrument and thereafter refer the same to the Collector for determination of market value of such property and proper duty payable thereon. Procedure for enquiry is prescribed under Section 47-A(3-A) of the Act.

14. Section 47-A(1) of the Act, as amended in M. P. clearly provides that the Registering Officer while registering any instrument finds that market value of the property which is the subject-matter of such instrument has been set forth less than the minimum valuation determined in accordance with the rules under the Act, the document shall be referred to the Collector before registering for determining the market value of the said property and proper duty payable thereon. Amended provision by M. P. Act No. 11 of 2000 is entirely different from Andhra Pradesh and Bihar amendment and the language is clear and unambiguous. Therefore, the Registering Authority is only required to examine whether market value set forth in the instrument is not less than the minimum value determined in accordance with the rules made under the Act. Rules have been framed which are known as Madhya Pradesh Prevention of Undervaluation of Instrument Rules, 1975. Rule 5 of the aforesaid Rules relates to the principles for determination of market value. Rules known as Madhya Pradesh Preparation and Revision of Market Value Guideline Rules, 2000 have been framed. Under the aforesaid Rules, market value of the property is determined and notified by Central Valuation Board and thus, the market value determined under the aforesaid Rules in accordance with the guidelines is binding upon the Registering Authority,