Haryana govt seeks mandatory registration of NCLT orders and court decrees

Dr Sumita Misra, Financial Commissioner Revenue and Disaster Management, Haryana, has directed all Divisional Commissioners and Deputy Commissioners to ensure compulsory registration of orders issued by the National Company Law Tribunal (NCLT) and court decrees, warning that non-compliance has led to significant stamp duty losses for the state exchequer.

In an official communication issued from Chandigarh, Misra said it had come to the government’s notice that Chief Revenue Officers, Sub-Registrars, and Joint Sub-Registrars were not fully complying with earlier instructions issued on November 13, 2013, and a notification dated November 22, 2017, regarding mandatory registration of such orders.

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She pointed out that NCLT orders involving transfer of property attract stamp duty at the rate of 1.5 per cent under the relevant provisions of the Indian Stamp Act, 1899, subject to a maximum limit of Rs 7.5 crore. Similarly, court decrees that are not of a bona fide nature also fall within the ambit of the same provision.

Due to failure in enforcing these statutory provisions, the state government has suffered considerable losses in stamp duty revenue, she said.

Misra emphasised that strict compliance with the provisions of the law must be ensured and directed that proper assessment of stamp duty and registration of such orders be carried out without exception.

She further noted that in several cases, stay orders issued by competent courts in matters related to transfer of immovable property were not being reflected in Jamabandi records by the offices of Sub-Registrars.

“This omission amounts to violation of court orders,” she said, directing Circle Revenue Officers to ensure that all stay orders received are promptly entered in the revenue records.

The Financial Commissioner has asked Divisional Commissioners and Deputy Commissioners across Haryana to circulate these directions among all revenue officials under their jurisdiction and ensure compliance in both letter and spirit.

She warned that any lapse or negligence in implementing these instructions would invite disciplinary action against the erring officials.

The directions are part of the government’s efforts to strengthen revenue administration, prevent leakage of stamp duty, and ensure transparency and legal compliance in property-related transactions involving tribunal orders and court decrees.