Panchayat:Repo18/Law Manual Page0513

7. Allotment of amounts to Village Panchayats.-

(1) The amount to be paid to the Village Panchayat concerned shall be that left after deducting three per cent as collection charges and the amounts refunded under Rule 6 and the collection charges so deducted shall be credited to the account of Registration Department.

(2) The Inspector General of Registration shall, within two months after the end of every year, intimate the Government or an officer authorised by the Government for this purpose the amount to be paid to the Village Panchayat as per sub-rule (1). The Government or the officer authorised in this behalf shall, as soon as may be, after the receipt of intimation, allot seventy per cent of the amount earmarked to Village Panchayat under sub-rule (1) among all the Village Panchayats in the State proportionate to their population as per the last published census figures. The Government or the officer authorised by the Government by general or special order shall distribute the remaining twenty-five per cent among the Village Panchayats, in such proportion as may be fixed by the Government from time to time considering the area, available resources and needs of development and administrative expenses of each Village Panchayat.

(3) The officers authorised by the Government for the above purpose shall send intimation regarding the amount of duty on transfer of property due to each Panchayat to the concerned District Treasury Officer.

8. Amounts to be transfer credited to P.D. accounts of Village Panchayats.—

The District Treasury Officers shall arrange to transfer credit the amount due to each Village Panchayat on receipt of the intimation from the officer authorised by the Government.

9. Co-operative Society to be exempted from the operation of the rules.-

All instruments executed by or on behalf of any registered co-operative society by an officer or member of such society shall be exempted from the operation of these rules.

10. Applicability of certain provisions in the Stamp Act.

The concession allowed under the proviso to the explanation in Section 25 of the Stamp Act with regard to stamp duty shall be applicable to duty on transfer of property also.

11. Inspector General of Registration to issue instructions to Registering Officers.—

The Inspector General of Registration may issue executive orders to Registering officers as may be found necessary from time to time for the effective implementation of the provisions of these rules, in so far as they relate to the collection of duty on transfer of property in the form of stamp paper in sub offices.

Explanatory Note (This does not form part of the Notification, but is intended to indicate its general purpose.) As per sub-section (1) of Section 206 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), Village Panchayat may, on every instrument which relates to immovable property situates in its area levy a duty in the form of a surcharge on the duty imposed by the Kerala Stamp Act, 1959. As per sub-section (3), Government may make rules for regulating the collection and distribution of the duty to the Village Panchayats and the deduction of expenses incurred by Government in the collection of such duty. Government have decided to make such rules. Hence this Notification.