Bill to impose 5% stamp duty on land lease agreements passed in Himachal Assembly

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Dharamsala, December 22

Three Bills were tabled and passed in the Assembly today. It presented the Indian Stamp (Himachal Pradesh Second Amendment Bill), 2023, that aims to impose a stamp duty on land lease agreements in the state.

New paramaters for waste disposal

• The government proposed in the Indian Stamp (Himachal Pradesh Second Amendment Bill), 2023,that if a land lease was executed for 100 years, a stamp duty of 5 per cent on the market value multiplied by 100 would be charged
• The HP Non-Biodegradable Garbage (Control) Amendment Bill, 2023 aims to change the definition of non-biodegradable garbage in the state
• The Himachal Pradesh Water Cess on Hydropower Generation (Amendment) Bill 2023 was also passed in the House

The government proposed in the Bill that if a land lease was executed for 100 years, a stamp duty of 5 per cent on the market value multiplied by 100 would be charged. If a property was leased for perpetuity, a stamp duty of 5 per cent on the market value or the whole lease amount would be charged. If the leased land or property was sub-leased, a stamp duty of 5 per cent on the market value would be charged. The Bill was passed.

The HP Non-Biodegradable Garbage (Control) Amendment Bill, 2023 was also passed. It aims to change the definition of non-biodegradable garbage in the state. The statement of the objectives of the Bill states that the Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995, was enacted to prevent throwing or dumping of non-biodegradable garbage in public drains, on roads and at places open to public view and regulate the use of non-biodegradable material.

In alignment with the legislative intent to prevent the improper disposal of non-biodegradable garbage and regulate the use of such materials in the state, the existing definition of ‘non- biodegradable material’ was required to be made more effective to curb environmental degradation.

Some materials were described as environment friendly but they needed certain conditions to break down like staying at a high temperature of 35°C to 40°C for around six months. Generally, the conditions in Himachal Pradesh are cooler, thereby making it difficult for the said environment-friendly materials to decompose. Therefore, the definition needed tweaking to make sure that it covered these new materials and considered practical challenges.

The proposed amendment seeks to bridge this gap, aiming for a more comprehensive definition which not only aligns with environmental objectives but also accommodates the practical challenges of waste management in the state.

The Himachal Pradesh Water Cess on Hydropower Generation (Amendment) Bill 2023 was also passed. The statement of the objectives of the Bill states that the Himachal Pradesh Water Cess on Hydropower Generation Act, 2023, (Act No.7 of 2023) was enacted to levy water cess on hydropower generation and it came into force on March 10.

The Himachal Pradesh State Commission for Water Cess on Hydropower Generation was established under the Act. The state government intends to provide greater significance to the said commission and hence intends to change the title of the Act and the name of the State Commission for Water Cess on Hydropower Generation.