Table of Contents
In the Indian context, the name stamp paper is synonymous with a man called Abdul Karim Telgi.He was the brain behind the infamous stamp paper counterfeit racket. At a public auction, he bought old stamp paper printing presses sold by the Indian Security Press located at Nashik. With the help of his contacts working inside the press, he procured the actual plates used in printing. As a result of which the stamp papers printed by Telgi were real in spite of not being real. They were genuine stamp papers but produced in an illegal manner.
However, now we have entered the era of e-stamp papers produced through a secured computer-based application, an antidote to counterfeiting, and numerous other problems. Almost everyone at one time or the other are in need of buying non-judicial stamp papers for one or the other legal requirements for example buying, selling, leasing or mortgaging immovable property, rent deeds, agreements of all kinds, affidavits for one purpose or the other to name a few occasions that require stamp papers. Earlier printed stamp papers could only be procured from licensed vendors or state treasury etc., and most often they were not available in all denominations. Thus, a consumer was forced into buying higher denomination or lower denomination sold at an exaggerated price. They were available during fixed working hours and only at designated places. Similarly, litigants have to pay Court fees for which again you need to buy the requisite stamps or proof of its payment.
Stamp duty is a major source of revenue for a state; therefore, it is important to check losses and simultaneously provide hassle free services. Government of India has appointed Stock Holding Corporation of India (SHCIL) as the only Central Record Keeping Agency (CRA). It is the sole agency responsible for overall E-stamping application operations and its maintenance. SHCIL has a dedicated website, www.shcilestamp.com It contains all the relevant information and directs the visitor to make best use of its services. Twenty-two states of India offer e-stamping facility for example state of PunjabpaysSHCIL a commission at the rate of 0.65% (i.e. 65 paise for every Rs.100/-) of the value of stamp duty collected through this mechanism.
SHCIL has further appointed Authorized Collection Centers (ACC), which act as the middlemen between the CRAand Stamp Duty payer, to issue e-stamp certificates. Most of the ACC’s are scheduled Banks of India who have spread their tentacles all over the respective State / Union Territory, vide their branches.
Judicial and Non-Judicial Fee
For paying judicial and non-judicial fee online, quickly, safely, and efficiently one has to visit the home page of Stock Holding Corporation of India Ltd. (SHCIL)athttps://www.stockholding.com/; and choose e-stamping. Depending upon the State / Union Territory selected facilities offered may differ to some extent. Services are bifurcated under the following three headings.
- E-Court fee Payment system for paying prescribed court fee under ‘The Court Fees Act, 1870’.
- E-Registration System: For paying registration fee, for all instruments as listed under ‘The Indian Registration Act, 1908’.
- E-Stamping System: For paying stamp duty applicable on host of services, as per the State Rules.
Serial number one above involves judicial stamp paper and the other two non-judicial stamp paper. In order to accomplish any of the above tasks, the three basic features are involved (a) Registration with the website in the capacity of Corporate / Individual / Proprietor Firm or Partnership entity. (b) Pay the requisite fee, taxes leviable and expenses charged. (c) Generate certificate as legally required.
A USER ID and Password is generated to login into the system as enumerated below:
1.Google the words e-stamp, and then click on www.shcilestamp.com.The following page shall appear.
Figure 1: E-Stamping Home Page
2. Click onto ‘Online Payment’,and register yourself. It is mandatory for the user to provide the following information.
- First Name
- Last name
- Birth date
- Mobile no.
- Email ID
- Pin code
- User ID preferred
- Password preferred
- Choose Security Question
- Answer to security question
- Type of user.
3. If all the above is correctly entered the system shall generate a link that will be sent at the email ID provided, along with the User ID and password.
4. After clicking on the link received by email, you are all set to avail any of the online facilities.
5. Registration is a one-time process, and from here onwards the user can simply login into the system directly and proceed.
Please note that some states may allow one-timer user to bypass registration. For example, Haryana government allows one-time users to access the system by simply entering the word ‘guest’for both User ID & Password.
It is required to prove payment of due stamp duty to the state, as per statutory norms. To accomplish this task proceed as follows:
- Google the words e-stamp, and then click on www.shcilestamp.com.
- Login with your registered User ID and Password.
- Choose the state/union territory for which the stamp paper is required.
- Next goal is to create a Transaction Reference numberfollowed by payment.
- The state chosen shall display the numerous purposes for which stamp paper is required for example, conveyance deed, affidavit, agreements etc., after choosing the purpose enter all the details of the transaction like Name & address of the parties, consideration and Stamp Duty amount etc. After filling in the relevant details save them.
- You will be prompted to preview the filled details, and edit them if necessary.
- After the system has accepted the details proceed to make the online payment against the assigned Transaction Reference numberin any of the following modes.
- Net Banking.
- Debit card.
- NEFT / RTGS.
- Or make cash payment at any of the registered SHCIL or ACC branches, details of which are available online.
- There may be a minimum or maximum amount specified.
- Once payment has been acknowledged by the system, you shall proceed to generate the all-important e-Stamp Certificate i.e. a printout of the Stamp Certificate. The same can also be downloaded on the mobile using the application ‘E-STAMP PAPER’
- Alternatively, user can obtain printout of the payment receipt, and then proceed to any of the SHCIL / ACC branches to obtain the e-certificate. For this purpose he shall have to submit an application form which can also be downloaded from the linkhttps://ekosh.uk.gov.in/files/Application_Ind.pdf.
E-Court Fee (Judicial Stamp)
- Access e-stamping portal as described earlier and this time choose the e-court fee option.
- Various options available are:
- Account balance
- Make payment
- E-court fee generation
- View transactions
- View payments
- Select the name of state in whose jurisdiction court fee is required.
- Amount to be paid
- Payment mode (Net banking or debit cards), you will be prompted to make sure that the amount filled is correct.
- A payment reference codeis generated; accept the terms & conditions and proceed to make the payment.
- After the payment has been made, you can obtain printout of its acknowledgment.
- Next proceed to e-court fee generationthat shall require you to fill the necessary details viz.
- Name of the District Court
- Name of Litigant
- Court fee amount
- Type of case & new or old
- Court number if applicable
- Name of party
- Amount of court fee
- Details of payer of court fee
- Address, email ID, mobile number.
10. Finally, you can obtain print out of e-court fee certificate. It is a valid proof of court fee payment.
11. Alternatively, e-court certificate can be obtained from SHICL or ACC branch by submitting a form that can also be downloaded from this linkhttps://shcilestamp.com/cfs_forms/e-Court_Fee_Receipt_Application_form.pdf
There is added facility to open an imprest account online. Thus, it is possible to generate more than one e-court fee certificate so long as balance sum exists within the system. Complete details of the same can also be checked anytime online viz. account balance and transaction details etc. Further, the user can seek a refund of the balance amount, into his assigned account, if he chooses so for any reason. Facilities available can be seen in the figure below.
Now that we have a fair idea of how things proceed let us tackle this differently. The major source of income for most states is from the transfer of property, that requires payment on two fronts Stamp Duty and Registration fee, and the same is prescribed by the state government. As discussed earlier the process involves payment of designated fee followed by receipt proof of such payments. However, this receipt shall not be accepted by the office of sub-registrar the ultimate beneficiary. The only proof acceptable to them shall be an e-certificate issued by the registered NSCIL branch or ACC. List of branches can be downloaded from the website.
Ultimately legally acceptable certificate can only be generated by NSCIL or ACC. For this to happen the payment made by whatever mode and from whatever location has to reach the dedicated account of NSCIL or ACC. The transfer can be by any of the means i.e. depositing cash straight over the counter, or cheque, Pay order, DD, NEFT, RTGS, Net Banking, Debit Card etc., in favor of NSCIL or ACC. It is only after this is reflected in their account that the applicant can beside online facility present a pre-formatted application physically at this NSCIL or ACC counter to obtain e-certificate acceptable to the Sub Registrar office. A printout of this application form can also be downloaded online from the below link.
Printouts of e-certificates can be verified from any place and at any time online by the statutory authorities or the concerned party. From the home page of E-stamping site simply click on ‘Verify e-stamp Certificate’, and fill out the particulars from the e-certificate in possession viz. name of State, certificate number, stamp duty type, date of issue of e-certificate, and then request verification.
Considering the rapid corruption, overpopulated country, the need for a mode of paying state duties the facility is a boon for the common man who constantly bears harassment at the hands of the callous ‘Babus’, not to mention the time loss. The one front which requires simplicity or education is with respect to filling some of the mandatory fields. For example, Government of Haryana is offering facility to pay e-stamp duty for numerous purposes. The user at the most knows the purpose for which he needs to pay stamp duty, but under which head the payment is to be made or the name of the office in whose favor it is to be made, name of the treasury etc. are not correctly comprehended. Thus, in spite of these facilities being available, but for want of knowledge remain underused. A glimpse