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The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009 1

THE TAMIL NADU DUTY ON TRANSFERS OF PROPERTY (IN

MUNICIPAL AREAS) ACT, 2009

(Tamil Nadu Ac !2 "# 2009)

Sa$m$% "# O&'$c a%d R$a"%

The o!ernment ha!e decided to implement the "Tamil Nadu #r$an %oad &nfrastructure

Pro'ect" in the Municipalities and Municipal orporations of the tate, at an estimated cost of

%s* 1000 crores per annum* The pro'ect +ill ha!e multiple sources of financin +hichincludes a portion from the assined re!enue paya$le to Municipalities and Municipal

orporations on account of surchare on stamp duty* To i!e effect to the a$o!e decision, it

has $een decided to enact a separate -eislation for le!y and collection of a duty on transfer

of property in the form of a surchare on stamp duty in municipal areas and for creditin fifty

per cent of the amount so collected in the Tamil Nadu #r$an %oad &nfrastructure .und for

e/ecution of specific infrastructure scheme, pro'ect, proramme or plan in any Municipality

or Municipal orporation or in a roup of Municipalities or Municipal orporations* *

An Act to pro!ide for the le!y and collection of duty on transfers of property in the

Municipal areas in the tate of Tamil Nadu*

e it enacted $y the -eislati!e Assem$ly of the tate of Tamil Nadu in the i/tieth ear

of the %epu$lic of &ndia as follo+s 3

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The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009 2

* S+" il$ a%d c"mm$%c$m$%*3 (1) This Act may $e called the Tamil Nadu Duty on

Transfers of Property (in Municipal Areas) Act, 2009*

(2) &t shall come into force on such date as the tate o!ernment may, $y notification,

appoint*

2* D$#i%ii"%*3&n this Act, unless the conte/t other+ise re4uires,3

(1) "o!ernment" means the tate o!ernment 5

(1) "Municipal Area" means the territorial area of a Municipality 5

(2) "Municipality" means

(a) the Municipal orporations of hennai, Madurai, oim$atore, Tiruchirappalli,

Timnel!eli, alem, Tiruppur, 6rode, 7ellore, Thoothu8udi or any other Municipal

orporation that may $e constituted under any la+ for the time $ein in force 5 or

($) "a Municipal ouncil" constituted under the Tamil Nadu District Municipalities

Act, 1920 (Tamil Nadu Act 7 of 1920)*

!* L$-. "# Du. "% a%#$ "# /"/$.*3 There shall $e le!ied a Duty on transfers of

property in e!ery Municipal Area,

(a) in the form of a surchare on the Duty imposed $y the &ndian tamp Act,1:99

(entral Act && of 1:99) (hereinafter referred to as the tamp Act) as in force for the time

$ein in the tate of Tamil Nadu, on e!ery instrument of the description specified $elo+,

+hich relates to immo!a$le property situated +ithin the limits of the municipal area 5 and

($) at such rate as may $e fi/ed $y the o!ernment, not e/ceedin fi!e per centum, on

the amount specified $elo+ aainst such instrument3

Description of

instrument

Amount on +hich duty

should $e le!ied*

(1) (2)

(i) ale of immo!a$le

property*

The mar8et !alue of the property as set

forth in the instrument, and in a case +here

the mar8et !alue is finally

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The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009 ;

determined $y any authority under

ection

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The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009