45A. 1 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 officer shall, while registering an instrument transferring any 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, 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 subsection (3) may, within thirty days from the date of that order, appeal to the Collector within whose jurisdiction 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 behalf and his decision thereon shall be final”;] 2

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Footnote :

Section 45A of the Principal Act is renumbered as 45B by Act 14 of 1988, 45A was inserted by Act 14 of 1988 which is detailed below and has been deleted from 11-1-1991 by Act 16 of 1991.

4 5A Instrument not bearing stamp of sufficient amount as per minimum value of land how to be dealt with:

( 1) Notwithstanding anything contained in this Act, the Registering Officer shall, while registering Officer shall, while registering instrument transferring any land or of partition of property involving land chargeable with duty verify whether the value of land of the consideration set forth in the instrument is the minimum value of that land.

(2) Where on such verification, the Registering Officer is satisfied that the value of land or the consideration set forth in the instrument is the minimum value of the land, he shall duly register the instrument.

(3) Where on verification the Registering Officer finds that the value of land or the consideration set forth in the instrument is not the minimum value of land, he shall, by order, fix the minimum value of land, on the basis of the minimum value of land, on the basis of minimum value of land published under section 28A and the proper stamp duty payable thereon, and on payment of the deficient amount of duty, if any, by the person liable to pay the duty, he shall duly register the instrument.

(4) Any person aggrieved by an order of the Registering Officer subsection (3), may appeal to the Collector within whose jurisdiction the land is situate and the decision of the Collector shall, be final.

(5) An appeal under subsection

(4) shall be filed within thirty days of the date of order sought to be appealed against.

(6) The Collector shall hear and dispose of the appeal in such manner as may be prescribed by rules made under this Act within six months from the date of filing of the appeal or within such further time as may be extended by Government for reasons to be recorded in writing.

Section 45A came into force from 12-11-1990  and was deleted w.e.f. 11-1-1991.

2. New 45A section inserted by Kerala Finance Act, 1994 (Act 19 of 1994) with effect form 141994.