Accepting low 'Stamp Duty'

Querist : Anonymous (Querist) 04 March 2011 This query is : Resolved
On my complaint to Dy.Registrar of Co operative societies had ordered an inspection under clause 89 A of MCS Act 1960.

During Inspection, Inspecting Officer came to notice of 'Indemnity Bonds' to be submitted by the M.C. members were on stamp paper of Rs.100/- instead of Rs.200/- as per the stamp act.Even though he accepted & allowed the same. Thus he made a loss of Rs.500/- as revenue to 'Govt. Treasury'

What action can be taken against m.c.members & the inspecting officer ?

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R.Ramachandran (Expert) 04 March 2011
First of all indicate as to what is the nature of your complaint?

Querist : Anonymous (Querist) 04 March 2011
My complaint was about harassment by managing committee. Since last 6 years society was demanding municipal tax at double the rate than actual for time barred period 1991 to 1999plus interest. This demand was made in 2005.In inspection also m.c. gave statement that Rs.1,40,000/- are due. Now I want to sell my shop,so I have given a notice to issue 'No Due Certificate' After that they have given me a statement demanding Rs.70,000/-

M.C. of society managed with the inspecting officer, hence he submitted false report to Dy.Registrar.I have made seperate complaint for this.

To the best of my knowledge as per MCS Act 1960 new elected m. c.members have to submit an 'Indemnity Bond' in form-20 on the stamp paper of Rs.200/- within 15 days
of assuming office.But in our society have submitted 'I.Bond' on stamp paper of Rs.100/- which is not as per stamp act.

Please guide me whether Managing committee stands disqualified 7 Unauthorized? Should Deputy Registrar suspend the m.c. as per clause 78 of MCS Act 1960 ?

R.Ramachandran (Expert) 07 March 2011
Just because the MC members gave Indemnity Bond in Rs.100/- stamp paper instead of Rs. 250/- stamp paper would not render them disqualified. At best when it is pointed out, they will pay the deficient stamp duty of Rs. 100/- with or without penalty and fine. It is a rectifiable mistake.

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