Amendment status not verified — confirm the current text below against the official source.
(1) If any instrument sent to the Collector under sub-section (2) section 37 is lost, destroyed or damaged during transmission, the person sen ding the same shall not be liable for such loss, destruction or damage. (2) When any instrument is about to be so sent, the person, from whose , possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first mentioned person and authenticated by the person impounding such instrument. 1145A. Instrument not bearing stamp of sufficient amount as per fair value of land how to be dealt with.— (1) Notwithstanding anything contained in this Act, the registering offi cer shall, while registering an instrument transferring any land, other than an instrument of partition, settlement or gift among the members of a family, chargeable with duty verify whether the value of land or the consideration set forth in the instrument is the fair value of that land. (2) Where on such verification, the registering officer is satisfied that the value of the land or the consideration set forth in the instrument is not less than the fair value of the land, he shall duly register the instrument, (3) Where, on verification the registering officer finds that the value of the land or the consideration set forth in the instrument is less than the fair value of the land fixed under section 28A, he shall, by order, 1. S.45 A. Omitted by Act 16 of 1991 Pub. in K.G.Ex. No. 506 dt. 11-4-91 and inserted by Act 19 of 1994. direct the payment of proper stamp duty on the fair value of the land fixed under section 28A within a period of seven days from the date of the order and on payment of the deficit stamp duty, the instrument shall be duly registered. (4) Any person aggrieved by an order under sub-section (3) may, within thirty days from the date of that order, appeal to the collector within whose juris-diction the land is situate. (5) The Collector shall hear and dispose of the appeal in such manner as may be prescribed by rules made under this Act in that behalf and his decision thereon shall be final 45B.Instruments under valued how to be dealt with — (1) If the Registering Officer, while registering any instrument transfer ring any property, has reason to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or considera tion, as the case may be, and the proper duty payable thereon. (2) On receipt of a reference under sub-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 by rules made under this Act, by order, determine the value of the pro perty or the consideration and the duty aforesaid; and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall endor se a certificate of such payment on the instrument under his seal and signature. (3) The Collector may, suo motu, within J(two years) from the date of registration of any instrument not already referred to him under sub section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination he has reason to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty aforesaid, in accordance with the procedure provided for in sub-section (2), and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on the payment of such duty, the Collector shall endorse a certi ficate of such payment on the instrument under his seal and signature. 1. Inserted by Act 14 of 1988. l[3A (4) Any person aggreived by an order of the Collector under sub-section (2) or subsection (3) may appeal to the District Court within whose jurisdiction the property transferred is situate. (5) An appeal under sub-section (4) shall be filed within thirty days of the .date of the order sought to be appealed against. (6) The District Court shall hear and dispose of the appeal in such man ner as may be prescribed by rules made under this Act