Himachal Assembly clear amendments proposing levy in stamp duty, changing of water cess, and adding new materials in garbage list 

Himachal Pradesh Assembly passed three new amendments in their respective parent acts which proposed levying of stamp duty on certain new transactions increasing stamp levies on mining, changing the name of the water cess commission, and increasing the definition of nonbiodegradable garbage on Saturday.

Presenting the 2nd Himachal Pradesh amendment in the Indian Stamp Act 2023. Revenue Minister Jagat Singh Negi said that in the parent act, there was no provision for levying the Stamp Duty on the transfer of property by Companies on merger, amalgamation, demerger, or dissolution. Now these transactions would be levied by eight percent. 

The stamp duty on the mining lease was increased by six percent from the existing five percent. He said that due to non registration of transactions under the companies mergers and amalgamation etc was causing multiple litigations have come up. The 2nd amendment was brought by the state to solve this problem as it is necessary to make provision in this regard in Schedule-1A of the Indian Stamp Act. 

Deputy Chief Minister Mukesh Agnihotri said that the government also proposed to change the title of the act and the name of the state commission for Water for Cess on Hydropower Generation. He said that before changing the name of the commission it was necessary to amend the Himachal Pradesh Water Cess on Hydropower Generation Act, 2023. Deputy CM said that the government enacted this act on March 10, 2023, to levy water cess on hydropower generation in the State of Himachal Pradesh . 

The minister said that members should not confuse the amendment with the levying of water cess on the hydropower as the bill was already being enacted in March 2023. He said that an amendment was brought in the HP Water Cess 2023 Act to change the name of the water commission. Earlier participating in the bill discussion on the bill Randhir Sharma said that proposing of water cess may affect other water sources. He said that legislation proposed by the Uttarakhand is different from the water cess bill of Himachal Pradesh.

Tabling the HP Non-Biodegradable Garbage(Control) Bill 2023 in the house Deputy Chief Minister said that an amendment is proposed in the  HP Non-Biodegradable Garbage (Control) Act, 1995. The said act prevent throwing or depositing non-biodegradable garbage in public drains, roads, and places open to public view and regulates the use of non-biodegradable material in state and related matters. He said that amendment was proposed in the definition of non-biodegradable material as it requires more effective to curb the environmental degradation in alignment with the legislative intent 

 ” Some materials are described as environment friendly but they need certain conditions to break down like staying at a high temperature of 35 to 40 degrees Centigrade for around six months. Generally, the conditions in Himachal Pradesh are cooler thereby making it difficult to decompose the aforementioned materials. Therefore, the definition needs tweaking to make sure that it covers these new materials and considers the practical challenges in the State. The proposed amendment seeks to bridge this gap, aiming for a more comprehensive definition that not only aligns with environmental objectives but also accommodates the practical challenges of waste management within the State.

The House passed all the legislation with voice votes one by one.