Common
man needs small denomination of the stamp papers for various purposes like
affidavit, Rental agreements, agreements, undertaking, power of attorney,
bonds, memorandum of understanding etc. Public needs stamp duty of the
denomination of Rs 20,50,100 & 200
for executing affidavits, rental agreement, Indemnity Bonds and Sale Agreement respectively.These
are all the common requirement of stamp duties for giving legal sanction to any
kind of documents.Now-a-days the government departments are insisting for
obtaining affidavits and indemnity bond for various purposes.
Non-availability
Previously,
department of stamp duty was appointing the authorized stamp vendors to sell the stamp papers for the above said documentation purpose. It was like a public
fare price shops, wherein such stamp papers were easily available not only in
all the important places but also in a very remote and interior villages.
Infact, Stamp papers were available even in the late night also. Any
understanding between the parties will be reduced in writing on the stamp paper
and would be signed on that, as the same will be binding on both the parties.
After the Telgi scam, from 01/04/2003, using stamp papers for the purpose of
any documentation has been totally prohibited in Karnataka.
S.B.M.paper
After
the amendment of Section 10A of the Karnataka Stamp Act, 1957, provision has
been made for payment of stamp duty by DD/Pay Order or Bankers Cheque, drawn in favor of the concerned Sub-Registrar office for sale deeds and other documents.
Obtaining stamp papers of small denomination, only two options are available.One is, franking the stamp paper in the concerned sub-registrar office and
another one is purchasing the document sheet from the state bank of Mysore.Unfortunately, both the modes of obtaining stamp papers are very tedious since
it involves lot of procedure and formalities.Further, the said facility is
available to the public only for 5 to 6 hours every day.In fact only in few branches of State bank of
Mysore the facility of issuing stamp papers are available. In such case, public
has to fill up the challan and mention the denomination for which stamp paper
is required and accordingly has to pay the requisite commission charges on such
amount and later has to stand on a very long queue. So getting a stamp paper in SBM is a time consuming process. Again, such authorized branches of State bank
of Mysore are not much interested in issuing this stamp paper rather they are
concentrating more on their banking business. In fact, among those authorized
branches also, only one or two banks only will issue the stamp paper on that
particular date and priority will be given for their regular customers of the said Bank.
Franking procedure
The
matter has to be typed in the white paper or document sheet and has to be
submitted for franking along with the application, but without date and
signature of the parties to the said document.This facility is available in certain
particular sub registrar offices only such as Jayanagar, Gandhinagar,
Basavanagudi, Shivajinagar, Rajajinagar, Kengari, Anekal Sub registrar offices,
this facility is available and the franking time is only between 10:30 A.M. to 3:30 P.M, excluding the
lunch hour. Rules and regulations vary from one sub-registrar office to the
other. If the party produces the documents for franking, the concerned
sub-registrar may refuse by various reasons.For example, if a person made a
lease agreement more than 11 months, or that the agreement involves advance
amount or if GPA is executed in favor of person other than his/her family
member then it may be refused due to insufficient stamp duty. However, it is
not a duty of the sub-registrar where the franking of the stamp duty is done to
ascertain the stamp duty, but it is by the District Registrar or the Court
which should decide the requisite stamp duty on any document at the time of
presenting the documents.
Fake Papers
For
the past two years, small denomination stamp papers were available easily
everywhere.After abolition of the stamp papers, government has not taken any
initiative to get the small denomination of the small papers by easy method,
which has forced the public to buy the paper in the easiest way in the Taluk
office and sub registrar offices entrance, which has resulted in the creation
of lot of (small Telgis). Infact, two months ago, City Crime Branch (CCB)
raided few of the Sub-registrar offices and Taluk Office and have booked 38
illegal franking, out of which 21 cases in City Civil Court premises and the
rest at Mayo Hall, Yelahanka, Peenya, Yeshwanthpur, Koramangala and Jayanagar
and arrested nearly 47 agents for having involved in the circulation of fake
stamp papers and franking ink and pads, seals and franked blank sheets were
also seized. These fake papers are either franked from their own franking
machineries or from the original stamp papers, they are using color zerox.
People should approach the authorized Sub Registrar offices to get the stamp paper
embossed on the typed text before signature.
Franking machine
The
Franking Machines shall be used for franking impression of Stamps on all kinds
of instruments on which Stamp duty is payable under the provisions of Indian
Stamps Act 1899 and the Karnataka Stamp Act, 1957 and the rules made there
under.
Usage of Franking Machine by the
Proper Officer
a)Franking
Machines shall be installed before the Proper Officer, at the office of the
Superintendent of Stamps, Bangalore, Offices of the District Registrar and
Offices of the Sub-Registrars at Gandhi Nagar, Jayanagar, Shivajinagar,
Basavanagude, Rajajinagar and Kengeri or
in any other offices as may be authorized by the Chief Controlling Revenue
Authority in Karnataka for impressing Stamps indicating the payment of stamps
duty on the instrument chargeable with duty and the operation of the same shall
be under strict vigilance and supervision of the Proper Officer.
b)Before
the machine is put to use, the same shall be authorized loaded and sealed by
Super intendent of Stamps or District Registrar, Assistant Commissioner of
Stamps or such other officer authorized by Chief Controlling Revenue Authority
and shall maintain Register in Form No.1 regarding loading and reloading and
Form No.2 regarding return of the same and shall be scrutinized every month.In
case of periodical loading of the
machine, sanction from District Registrar is necessary if the same is being
carried out by the officer other that those authorized to do such act, which
shall be entered in Form No.3.
c)The
access code to the numeric of the Franking Machines shall be exclusively with
the Superintendent of Stamps or District Registrar who shall be responsible for
non disclosure, thereof to any person and who shall maintain a separate
register in respect of each loading / reloading / incrementing of the amount.
d)The
Proper Officer shall ensure that the seals are not tampered with, in any way by
any person or that machine is not handled by any un-authorized persons.
e)The
Proper Officer shall be responsible for the custody of the machine.A register in Form No.4, shall be maintained
in which the meter reading are recorded separately, both at the commencement of
the day and at the close of the day. The
difference between the said readings shall be the total amount collected in
respect of impressions franked.
f)The
parties desirous of having stamps impressed on all kinds of instruments shall make an application in Form No.5 along
with the instrument and value of Stamps to be impressed, by Challan or Cash or
Pay Order or Bankers Cheque or Demand Draft to the Proper Officer and on the
receipt of the same, requisite amount of stamp duty will be embossed on the
instrument and thereafter the Proper Officer shall affix his signature in the space provided on the impressed stamps, which shall be serially numbered and
the particulars are to be entered in Form No.6.
g)The
authorized user shall at all reasonable times allow authorized office or the
authorizing authority or the District Registrar to inspect the machine and
collect records without notice.
h)Franking
or impressing of Stamp may be allowed up to any amount and such amount, as far
as possible, has to be made on the right top corner of the first page of the
instrument itself and has to be clear and in bright red colour only. Incase of
any mistake or wrong in the amount impressed then that impression shall be torn
from the instrument and pasted in the register of daily posting and shall be
authenticated by the authorized user or proper officer.At the time of resetting, set off equal to
the amount of wrong impression shall be given.
Thus,
non-availability of small denomination stamp papers has forced the public
either to approach the agents near court complex or sub-registrar office
entrance or to enter into agreements in white paper, without paying requisite
stamp duty, which, in turn, leads to lot of litigations. In order to solve this
problem, the Department of Stamps and Registration has to provide sufficient
modes for availing stamp papers of small denominations, which also generates
more income for the Government.
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