Case Note & Summary
The case involves a challenge to a Memo dated 20.02.2009 issued by the Principal Secretary, Department of Registration, Jharkhand, which required an additional recommendation from the Assistant Registrar, Cooperative Society as a pre-condition for granting exemption from stamp duty under Section 9A of the Indian Stamp (Bihar Amendment) Act, 1988. The appellant, Adarsh Sahkari Grih Nirman Swawalambi Society Ltd., a registered cooperative society, sought to have documents registered without paying stamp duty under the exemption provision. The Memo directed all District Sub-Registrars to ensure that exemption under Section 9A would be given only when there is a recommendation of the Assistant Registrar, Cooperative Society. The Supreme Court held that the Memo is illegal because once a cooperative society is registered and a certificate is issued under Section 5(7) of the Act, it is conclusive proof of its existence and continuation as a body corporate. The additional requirement of a recommendation from the Assistant Registrar is unnecessary, based on irrelevant considerations, and does not add any value to the integrity of the transaction. The court emphasized that simplicity in public transactions is good governance and that executive actions mandating unnecessary, excessive requirements must be set aside as illegal. The appeal was allowed, and the Memo was quashed.
Headnote
A) Administrative Law - Simplicity in Public Transactions - Unnecessary Requirements - Executive actions that mandate unnecessary, excessive requirements must be set aside as illegal - The court held that the Memo requiring an additional recommendation from the Assistant Registrar, Cooperative Society as a pre-condition for registration of a document under Section 9A of the Indian Stamp (Bihar Amendment) Act, 1988 is illegal because once a cooperative society is registered and a certificate is issued, Section 5(7) of the Act declares it to be conclusive proof of its existence and continuation as a body corporate, making the additional requirement unnecessary and based on irrelevant considerations (Paras 2-2.2). B) Stamp Duty - Exemption - Section 9A Indian Stamp (Bihar Amendment) Act, 1988 - Cooperative Society - The court examined the validity of a Memo requiring a recommendation from the Assistant Registrar for granting exemption from stamp duty on instruments relating to transfer of premises by Cooperative Societies to their members - Held that the Memo is illegal as it imposes an unnecessary requirement not found in the statute, and the certificate of registration under Section 5(7) is conclusive proof of the society's existence (Paras 2.2-4).
Issue of Consideration
Whether the Memo dated 20.02.2009 issued by the Principal Secretary, Department of Registration, requiring a recommendation from the Assistant Registrar, Cooperative Society as a pre-condition for granting stamp duty exemption under Section 9A of the Indian Stamp (Bihar Amendment) Act, 1988 is legal and valid.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned Memo dated 20.02.2009, and held that the additional requirement of recommendation from the Assistant Registrar, Cooperative Society is illegal and unnecessary.
Law Points
- Simplicity in public transactions is good governance
- Executive actions mandating unnecessary excessive requirements must be set aside as illegal
- Section 5(7) of the Act declares registration certificate as conclusive proof of existence of cooperative society
- Additional recommendation from Assistant Registrar is based on irrelevant considerations and offers no value addition
