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The Gujarat Stamp Amendment Bill 2025 introduced in the Gujarat Legislative Assembly will significantly increase the penalty amount for those who fail to deposit the stamp duty or provide false information regarding stamp duty under provisions of Section 62-A (3) of the Gujarat Stamp Act 1958 along with Section 9-A.
The penalty, which earlier stood at ₹200, is likely to go up to ₹1 lakh, with ₹10,000 as minimum penalty.
As per the new provision made in 1, 2, 3 of Section 62-A, in some cases, the amount of this penalty has been increased from ₹200 to ₹50,000.
A provision has been introduced to impose a fine of ₹500 on a person found guilty of violating Section 62-A for the first offence, ₹1,000 for the second offence, ₹2,000 and imprisonment for up to two years for the third and subsequent offences.
With this, it is believed that stamp officials may also be granted power to impose jail sentences.
Similarly, by proposing an amendment to Article 36, a provision has been introduced to increase the fine of ₹5000 for the foreclosed properties.
On the other hand, a provision has been introduced to transfer the property to the heir son or daughter of the deceased without paying any other duty by simply giving a stamp of ₹200.
It is worth mentioning that stamp duty was not levied before 1999. Now, when those properties are sold, the amount of duty is fixed to collect the duty.
Earlier, the document could be cleared by depositing ₹250 in addition to the missing stamp duty amount, now as per the provision introduced through the new amendment bill, the property owner will have to deposit double the missing stamp duty amount as stamp duty.
In such cases, if the missing stamp duty of 20 or 25 years is taken into account, a provision has also been introduced to add a penalty of 3% per year on it.
However, in any case, the penalty cannot exceed six times the missing stamp duty.
There is a provision to use a stamp of ₹500 for a rental agreement of 11 months and 39 days for residential purposes and a stamp of ₹1000 for commercial purposes.
If the details of this agreement are not shown for five or fifteen years, a stamp of ₹10,000 will have to be used and a provision has been introduced to impose a penalty of 2% for each additional year.
It is noteworthy that no penalties will be imposed on the period between the date on which the original document is presented to the Collector and the date on which the Collector issues an order on it.