Panchayat:Repo18/Law Manual Page0512

4. Duties of Registering Officers with regard to the particulars to be set forth in instruments.-

(1) The Registering Officer shall, whenever any instrument is presented for registration, see that the particulars required under Sections 28 and 28A of the Kerala Stamp Act, 1959 read with Section 206 of the Kerala Panchayat Raj Act, 1994 are set forth in the instrument and ensure that the name of the Panchayat within the jurisdiction of which the property concerned is situated, is set forth clearly in the instrument.

(2) The Registering Officer shall, if such particulars are not separately set forth in the instrument as required, impound it and forward it in original to the Collector inviting attention to Section 62 of the Kerala Stamp Act, 1959 and Section 206 of the Kerala Panchayat Raj Act, 1994..

(3) The duty leviable on an instrument of exchange of property shall be regulated as follows:1. (a) If the values of the properties exchanged are not equal, duty shall be levied on the value of the property having higher value;

(b) If the values of the properties exchanged are equal, that leviable amount of duty which is higher shall be levied.

5. Maintenance and consolidation of accounts with respect to the duty on transfer of property.-

(1) (a) Every Registering Officer shall maintain an account of the duty received with respect to each instrument registered by him, showing separately the duty imposed under the Kerala Stamp Act, 1959 including that under Section 28A thereof and that imposed as duty on transfer of property;

(b) The Inspector General of Registration shall consolidate for the entire State, each year, the amount so collected as duty on transfer of property;

(c) The Inspector General of Registration shall issue executive instructions regarding the maintenance of accounts by Registering Officers and the form in which consolidated accounts are to be forwarded;

(2) The Collector, before whom any instrument which does not come into the hands of the Registering Officers due to the fact that they are not compulsorily registerable under Section 17 of the Indian Registration Act, 1908 (Central Act 16 of 1908), is produced under Section 31 or Section 41 of the Kerala Stamp Act, 1959 or who impounds any such instrument under Section 33 of the said Act or receives a certificate of payment of the duty and penalty in respect of any such instrument or the original of any such instrument under Section 37 of the said Act, shall, keep an account of the duty paid in respect of each such instrument, showing separately the duty imposed under the Kerala Stamp Act, 1959 and the duty on transfer of property and forward the same to the District Registrar concerned within one month after the close of each quarter, a quarterly consolidated account with particulars of each such instrument regarding the names of the executant and claimant, the date of execution, the nature of the transaction, the amount on which the transfer duty is leviable and the description of the property.

(3) If in any case, it is impossible to recover the full duty due on any instrument, then, only such portion of the duty realised in excess of the duty imposed under the Kerala Stamp Act, 1959 shall be entered as duty on transfer of property in the accounts referred to in this rule.

6. Collector to forward quarterly statement on refunds of duty on transfer of property to the District Registrar concerned.

— Every Collector, sanctioning refund of duty on transfer of property paid on any instrument, shall forward to the District Registrar concerned within one month after the close of each quarter, a statement showing the instruments in respect of which such refunds were sanctioned during the quarter, nothing therein the amount of duty on transfer of property refunded and the particulars referred to in sub-rule (2) of Rule 5.