Tamil Nadu Government Gazette Extraordinary No. 261
The Government of Tamil Nadu, through the Law Department, published Tamil Nadu Government Gazette Extraordinary No. 261 on September 13, 2013, containing Act Nos. 17, 18 and 19 of 2013. The Acts amend partnership registration fees and provisions on stamp duty for construction agreements, partitions, releases and family settlements across Tamil Nadu.
What the Gazette contains
Tamil Nadu Government Gazette Extraordinary No. 261 was published by the Government of Tamil Nadu, through the Law Department, on September 13, 2013. It publishes three Acts passed by the Tamil Nadu Legislative Assembly after receiving the President's assent.
Indian Partnership amendment
The Indian Partnership (Tamil Nadu Amendment) Act, 2013, Act No. 17 of 2013, applies throughout Tamil Nadu and states that it comes into force at once. It replaces Schedule I of the Indian Partnership Act, 1932, as applicable in Tamil Nadu, with the following maximum fees:
- Statement under section 58: Rs. 200.
- Statements or intimations under sections 60, 61 and 62: Rs. 50.
- Notice under section 63: Rs. 50.
- Application under section 64: Rs. 50.
- Inspection of each firm's entry in the Register of Firms: Rs. 25.
- Inspection of all documents relating to one firm: Rs. 50.
- Copies from the Register of Firms: Rs. 10 for every hundred words or part thereof.
These provisions affect partnerships filing information, inspecting firm records or obtaining copies from the Register of Firms.
Stamp duty on construction and other documents
The Indian Stamp (Tamil Nadu Amendment) Act, 2012, Act No. 18 of 2013, applies throughout Tamil Nadu but comes into force only on a date appointed by the State Government through notification. Its provisions include:
- An agreement relating to building construction is chargeable at one rupee for every hundred rupees, or part thereof, calculated on the cost, value or consideration specified, whichever is higher.
- Building includes residential, commercial, institutional, industrial or other units proposed on an undivided share of land.
- The references to a maximum of Rs. 10,000 per share for specified partition instruments are removed.
- The references to a maximum of Rs. 10,000 for specified releases and settlements are removed.
Family settlements
The Indian Stamp (Tamil Nadu Third Amendment) Act, 2012, Act No. 19 of 2013, also requires a separate commencement date appointed by State Government notification. It amends the family relationship wording for the relevant settlement provision by replacing “grandchild” with “grandchild, brother or sister”.
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Common questions
Does the Gazette change fees for registering or inspecting partnership records?
Yes. The Indian Partnership (Tamil Nadu Amendment) Act, 2013 sets maximum fees for partnership statements, notices, applications, inspections and copies from the Register of Firms.
What stamp duty applies to a building construction agreement?
The Indian Stamp (Tamil Nadu Amendment) Act, 2012 specifies one rupee for every hundred rupees or part thereof, based on the proposed construction cost, construction value or stated consideration, whichever is higher. The Act comes into force only on a date appointed by State Government notification.
Does the construction provision cover flats built on an undivided share of land?
Yes. The definition includes residential, commercial, institutional, industrial or other units proposed to be constructed on an undivided share of land.
Are brothers and sisters included in the family settlement wording?
The Indian Stamp (Tamil Nadu Third Amendment) Act, 2012 adds brother and sister alongside grandchild in the relevant explanation. The amendment takes effect only on a date appointed by State Government notification.
