Notification issued by MCA regarding online stamping

[ PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART – II,
SECTION 3, SUB-SECTION (ii)]
GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, 7th September , 2009.

S.O. 2276 (E) – In exercise of the powers conferred by sub-section (2) of
section 610B of the Companies Act, 1956, the Central Government hereby makes
the following Scheme to amend the Scheme for Filing of Statutory Deocuments
and other Transactions by Companies in Electronic Mode, namely:-
1. (1) This Scheme may be called as the “Scheme for Filing of Statutory
Documents and other Transactions by Companies in Electronic Mode
(Amendment) Scheme, 2009.
(2) This scheme shall come into force on the 13th day of September, 2009.
2. In the Scheme for Filing of Statutory Documents and other Transactions by
Companies in Electronic Mode, in Annexre ‘A’, in pragraph 4, for sub-paragraph
(8), the following sub-paragraph shall be subsitutued, namely:-
“(8) Collection of Stamp Duty on documents through MCA portal and
dispensation of physical submission thereof.
(a) The Central Government, for the purpose of making all transactions faster,
improving service delivery and making Office of the Registrar paperless, has decided to
dispense with the physical submission of documents. The Central Government shall
initially collect stamp duty payable on Form No.1, Memorandum of Association, Article
of Association, Form No. 5 and Form No. 44 at the time of their e-filing, through MCA
portal www.mca.gov.in. The Central government shall collect the stamp duty on behalf of
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the State Governments and Union territories for specific purpose of e-filing of documents
under the provission of the Companies Act, 1956 and to remit the same directly to the
accounts of the State Governments and Union territories in accordance with the approved
payment and accounting procedure. The procedure for collection of stamp duty shall
come into force with effect from the 13th day of September, 2009. Out of twenty eight
States and seven Union territories, except State of Sikkam, where the provisions of the
Companies Act ,1956 are not extended, the Central Government has sought authorisation
to generate e-Stamps on their behalf. The Central Government has received authorization
from only twenty-two State Governments and Union territory Administrations. As soon
as the authorization from the remaining twelve States and Union territories, namely,
Chandigarh, Daman and Diu, Himachal Pradesh, Kerala, Mizoram, Puducherry, Dadra
and Nagar Haveli, Goa, Jammu and Kashmir, Lakshadweep, Nagaland and Tripura is
received, the Central Government shall start collection of stamp duty on their behalf also.
(b) There shall be a transition period of three and a half months to enable the
companies to use their already purchased stamp papers. The 1st day of January, 2010
shall be the cut off date for a company to compulsorily make payment electronically for
stamp duty in respect of the States which have authorized the Central Government to
collect stamp duty on their behalf. In respect of the States from whom the authorization
is yet to be received, the company shall continue to pay stamp duty outside the MCA
portal .
(c) The company shall not make physical submission of documents on which
stamp duty is paid electronically through MCA portal. However, documents on which
stamp duty is not paid through MCA portal, the company shall, in addition to their
electronic filing, submit physical copies of such stamped documents at the office of the
Registrar also, simultaneously.
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(d) Documents other than those specified in clause (a) which are not covered
for payment of stamp duty through MCA portal, and on which stamp duty payable in
respective State is equal to or less than one hundred rupees, such stamped documents,
shall be scanned by the company and filed electronically for evidencing by the Registrar
and need not be submitted physically except those required to be filed for compounding
of offence under clause (a) of sub-section (4) of section 621A. However, the company
shall retain such documents duly stamped in original for a minimum period of three years
from the date of filing of such documents and shall be required to produce the same as
and when the same is required for inspection and verification by the competent
authorities namely, the Collector of Stamps of the respective State or Union territory or
the Registrar”.
[F No 1/04 /2009 CL.V]
Renuka Kumar,
Joint Secretary.
Note: The principal scheme was published vide number S.O.1844 (E) dated the 26th
October, 2006.

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