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Vol. 5/2005-06<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong><br />

<strong>The</strong> <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps<br />

Evaluation Organisation<br />

<strong>Department</strong> <strong>of</strong> Planning<br />

Government <strong>of</strong> Rajasthan


<strong>Gender</strong><br />

<strong>Responsive</strong> <strong>Budgeting</strong><br />

<strong>for</strong> the<br />

<strong>Department</strong> <strong>of</strong><br />

<strong>Registration</strong> & Stamps<br />

in Rajasthan<br />

Evaluation Organisation<br />

<strong>Department</strong> <strong>of</strong> Planning<br />

Government <strong>of</strong> Rajasthan


V ASUNDHARA R AJE<br />

CHIEF MINISTER RAJASTHAN<br />

MESSAGE<br />

It gives me great pleasure to see that the vision which I had when I<br />

<strong>for</strong>med the Government take shape. This is a vision <strong>of</strong> women confidently<br />

marching towards their empowerment and towards a society where there<br />

is true gender justice. To witness commitments trans<strong>for</strong>med into actions,<br />

to actually travel on a path, hitherto only envisioned, is a matter <strong>of</strong> some<br />

satisfaction. <strong>Gender</strong> responsive budgeting has always been high on my list <strong>of</strong><br />

priorities. As I have said on earlier occasions, “If women need development,<br />

then development also needs women”.<br />

In view <strong>of</strong> the importance that my government attaches to gender issues,<br />

we are trying to use gender responsive budgeting as a tool to further women’s<br />

empowerment and gender equity in Rajasthan. My government is working<br />

hard to bring about an overall improvement in gender status, and this cannot<br />

be achieved unless development is balanced and equitable. Although, some<br />

indicators are improving like girls enrollment rates in schools, reduction in<br />

drop-out rates and better access to health care, we still have a long way to go<br />

in our journey towards equality and equity in Rajasthan.<br />

We have begun our endeavour towards gender responsive budgeting<br />

in a modest manner, by identifying six key departments. <strong>The</strong>se are<br />

the departments <strong>of</strong> Health, Education, Agriculture, Women and Child<br />

Development, <strong>Registration</strong> & Stamps and Social Welfare. My government has<br />

deliberately enlarged the vision <strong>of</strong> gender budgeting to look beyond traditional<br />

social sector departments, and there<strong>for</strong>e non-traditional departments such as<br />

Agriculture and <strong>Registration</strong> & Stamps have been included. Our objective is to<br />

integrate gender concerns into the overall plans and budgets <strong>of</strong> the identified<br />

departments and to establish an appropriate gender sensitive monitoring and<br />

evaluation framework within them. In the next two years, I would like all<br />

departments to be similarly taken up in a phased manner.<br />

I would like to congratulate the <strong>Department</strong> <strong>of</strong> Planning, Government<br />

<strong>of</strong> Rajasthan <strong>for</strong> being proactive in taking gender budgeting <strong>for</strong>ward as a tool<br />

<strong>for</strong> equitable planning and development. My sincere appreciation and thanks<br />

to UNFPA and UNIFEM <strong>for</strong> partnering us in this ef<strong>for</strong>t.<br />

April 2006<br />

(Vasundhara Raje)


FOREWORD<br />

I am very happy to note that the <strong>Department</strong> <strong>of</strong> Planning has come out with a report<br />

on “<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong>” <strong>for</strong> some important sectors <strong>of</strong> the State’s economy.<br />

<strong>The</strong>se publications give us the opportunity to share with a wider audience both<br />

within the government and outside, the initiatives taken by the Government <strong>for</strong> the<br />

development and empowerment <strong>of</strong> women and gender equality. At the same time, it<br />

shows that the Government recognises that gender inequalities exist and that it is<br />

committed to reducing these. It also demonstrates that the Government is ready and<br />

willing to try innovative methods, like gender responsive budgeting to reduce gender<br />

disparities.<br />

We propose to cover all the departments in the next two years. We would like this<br />

exercise to be sustainable and the system <strong>of</strong> gender responsive budgeting to be<br />

institutionalised, whereby a gender analysis would become an integral part <strong>of</strong> the<br />

budget and planning processes <strong>of</strong> all departments.<br />

I would like to thank UNFPA and UNIFEM <strong>for</strong> their support.<br />

April 2006<br />

Rajiv Mehrishi,<br />

Principal Secretary,<br />

Planning & Finance,<br />

Government <strong>of</strong> Rajasthan.


PREFACE<br />

<strong>The</strong>re is a broad consensus that ‘development if not engendered is endangered’, as first<br />

elucidated in the Human Development Report <strong>of</strong> 1995. Inspite <strong>of</strong> a lapse <strong>of</strong> over a decade,<br />

this still holds good. In the context <strong>of</strong> development, the critical thing to bring about is<br />

gender equality and women’s empowerment. <strong>The</strong> Government <strong>of</strong> Rajasthan is committed to<br />

seeing this happen. While there are a number <strong>of</strong> approaches and means that can be used<br />

<strong>for</strong> this purpose, here we are taking advantage <strong>of</strong> the tool <strong>of</strong> gender responsive budgeting<br />

to ensure this. <strong>Gender</strong> responsive budgeting is known to be an extremely efficient tool<br />

<strong>for</strong>, not only mainstreaming gender and promoting women’s empowerment, but also<br />

indispensable <strong>for</strong> translating good policies into concrete realities on the ground.<br />

This publication “<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and<br />

Stamps in Rajasthan” is the fifth in a series <strong>of</strong> gender responsive budgeting publications<br />

being brought out by the Government <strong>of</strong> Rajasthan. <strong>The</strong> credit <strong>for</strong> this <strong>for</strong>ward looking<br />

and analytical outlook on the part <strong>of</strong> the Government is due entirely to the vision and<br />

leadership <strong>of</strong> the honourable Chief Minister, Vasundhara Raje. Firmly driven by her, gender<br />

budgeting has come to stay, in Rajasthan. <strong>The</strong> biggest strength <strong>of</strong> the gender budgeting<br />

initiative here is the fact that it is State-led and very much a part <strong>of</strong> the Government’s<br />

agenda. <strong>The</strong> Directorate <strong>of</strong> Evaluation and the Directorate <strong>of</strong> Economics and Statistics <strong>of</strong><br />

the <strong>Department</strong> <strong>of</strong> Planning have played a very key role in this whole exercise.<br />

To start with, we have taken up the gender budget analysis <strong>of</strong> six departments – those<br />

<strong>of</strong> Health, Education, Agriculture, Women and Child, Stamps and <strong>Registration</strong> and Social<br />

Welfare. <strong>The</strong> process <strong>for</strong> doing this analysis was very participatory. Officers <strong>of</strong> the concerned<br />

departments worked closely with experts from UNIFEM, UNFPA and IFES to brainstorm and<br />

put together these reports. We now, however, need to move <strong>for</strong>ward from only analysing<br />

budgetary allocations and outputs <strong>for</strong> boys and men on the one hand and girls and women<br />

on the other, to looking at more concrete results, to looking at impacts and outcomes, to<br />

analysing benefit incidence ratios etc.


<strong>The</strong> recommendations at the end <strong>of</strong> each <strong>of</strong> these reports present an edifice <strong>for</strong> expansion<br />

and further building upon and the Government will seriously be considering these.<br />

We have many valuable partners in this journey and I would like to take this opportunity<br />

to acknowledge and thank them. <strong>The</strong>se include, Ms. Chandni Joshi, Regional Programme<br />

Director, Ms. Firoza Mehrotra, Deputy Regional Programme Director and Ms. Sara<br />

Pilot, Programme Officer from the UNIFEM South Asia Regional Office in New Delhi;<br />

Ms. Ena Singh, Assistant Resident Representative, Ms. Dhanashri Brahme, Programme<br />

Officer and Hemant Dwivedi, Rajasthan State Programme Coordinator, all from UNFPA;<br />

Ms. Benita Sharma <strong>of</strong> IFES, and Dr. Sanjana Mohan, Consultant <strong>for</strong> so ably putting this<br />

report together. I would also like to take this opportunity to thank Mrs Alka Kala,<br />

Pr. Secretary, Women & Child Development, Mrs. Asha Singh, Pr. Secretary, Social Welfare,<br />

Shri C. K. Matthew, Pr. Secretary, Education, Shri Rajiv Mehrishi, Pr Secretary, Plan & Finance,<br />

Shri Sudhir Bhargava, Pr. Secretary, Medical & Health, Shri Manoj Kumar, Director,<br />

Agriculture <strong>for</strong> their support. Special thanks to Shri G.R. Parashar, Director, Evaluation,<br />

Shri D.K. Jain, Director, Economics & Statistics, Smt. Madhu Pokharna, Jt. Director and<br />

Shri S.N. Gupta, Deputy Director, Evaluation <strong>for</strong> their untiring ef<strong>for</strong>ts.<br />

April 2006<br />

Veenu Gupta<br />

Secretary,<br />

<strong>Department</strong> <strong>of</strong> Planning,<br />

Government <strong>of</strong> Rajasthan


CONTENTS<br />

Executive Summary<br />

ix<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> (GRB) - Overview 1<br />

<strong>Gender</strong> <strong>Budgeting</strong> in India 2<br />

<strong>Gender</strong> <strong>Budgeting</strong> in Rajasthan 2<br />

GRB <strong>for</strong> <strong>Registration</strong> and Stamps 2<br />

Staff Members in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps (2004-06) 3<br />

Reduction <strong>of</strong> stamp duty <strong>for</strong> registration <strong>of</strong> agricultural land in a woman’s name 3<br />

Purchase <strong>of</strong> Agricultural Land (and Utilisation <strong>of</strong> Subsidy on Stamp Duty)<br />

by Women, from January 2004 - December 2005 4<br />

Reduction <strong>of</strong> Stamp Duty on Gift Deeds <strong>of</strong> Immovable Property in a Woman’s Name 5<br />

Mandatory Provision <strong>of</strong> Stamp Duty <strong>for</strong> Divorce Instrument 5<br />

Recommendations 6<br />

vii


List <strong>of</strong> Tables<br />

Table-1 : Staff Working in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps (2004-06), 3<br />

Disaggregated by Sex<br />

Table-2 : Number <strong>of</strong> Beneficiaries, and Benefit Accrued as a Result <strong>of</strong> Lower Stamp 4<br />

Duty Payable by Women <strong>for</strong> <strong>Registration</strong> <strong>of</strong> Agricultural Land in their Names.<br />

(January 2004 - December 05).<br />

List <strong>of</strong> Abbreviations<br />

GRB<br />

UNFPA<br />

UNIFEM<br />

: <strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong><br />

: United Nations Population Fund<br />

: United Nations Development Fund <strong>for</strong> Women


EXECUTIVE SUMMARY<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> (GRB) is an initiative <strong>of</strong> the Central and the State Government<br />

introduced in the beginning <strong>of</strong> the 21 st century that reaffirms their commitment to the<br />

development and empowerment <strong>of</strong> women. GRB in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps<br />

serves to assess how effectively the services <strong>of</strong> the <strong>Department</strong> are meeting the needs <strong>of</strong><br />

women and girls, in relation to the men; how much the policies are focused towards women;<br />

and how much <strong>of</strong> the expenditure <strong>of</strong> the State in the department is reaching women.<br />

GRB <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps in the year 2005-06 has been undertaken<br />

by the Evaluation <strong>Department</strong>. It is based on an in-depth analysis <strong>of</strong> the financial and physical<br />

in<strong>for</strong>mation obtained from the <strong>Department</strong>; consultations carried out with <strong>of</strong>ficers from the<br />

Ministry <strong>of</strong> Women and Child Development, Government <strong>of</strong> India; <strong>Department</strong> <strong>of</strong> <strong>Registration</strong><br />

and Stamps, Government <strong>of</strong> Rajasthan; and gender experts from UNFPA, UNIFEM and IFES.<br />

<strong>The</strong> following in<strong>for</strong>mation has been analysed, to assess how gender sensitive services <strong>of</strong> the<br />

<strong>Department</strong> are :<br />

• <strong>Gender</strong> differentials in staff working in the <strong>Department</strong><br />

• Special schemes/subsidies <strong>of</strong>fered by the <strong>Department</strong> to women<br />

GRB in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps - Summary <strong>of</strong> the Main Findings<br />

<strong>Gender</strong> differentials in staff working in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps:<br />

A majority <strong>of</strong> the work<strong>for</strong>ce in the <strong>Department</strong> comprises <strong>of</strong> men-women constitute less than<br />

10% <strong>of</strong> the total staff.<br />

Reduction <strong>of</strong> stamp duty <strong>for</strong> registration <strong>of</strong> agricultural land in a woman’s name:<br />

To encourage and promote ownership <strong>of</strong> agricultural land in the name <strong>of</strong> women, the <strong>Department</strong><br />

<strong>of</strong> <strong>Registration</strong> and Stamps <strong>of</strong>fers a 50% reduction (subsidy) in the stamp duty <strong>for</strong> agricultural<br />

land, if the land is registered in a woman’s name. <strong>The</strong> stamp duty <strong>for</strong> land registered in a<br />

man’s name is 8% (brought down from the previous value <strong>of</strong> 11% in July 2004); <strong>for</strong> a woman,<br />

the duty is lower, at 5.5% (50% <strong>of</strong> the previous value <strong>of</strong> stamp duty).<br />

ix


Since the subsidy has been introduced, there is a sharp increase in the number <strong>of</strong> agricultural<br />

land deeds registered by women. From January 2004 to December 2005, more than two lakh<br />

women have registered agricultural land in their names. <strong>The</strong> total benefit accrued to women<br />

under this rebate is Rs. 13,989 lakhs, which amounts to an average <strong>of</strong> Rs. 6621 per women.<br />

Reduction <strong>of</strong> stamp duty on gift deeds <strong>of</strong> immovable property in a woman’s name:<br />

<strong>The</strong> State Government has reduced the stamp duty from 8% to 5%, in the case <strong>of</strong> a gift deed<br />

<strong>of</strong> immovable property executed in favour <strong>of</strong> a sister/daughter/grand daughter/mother or<br />

wife.<br />

Mandatory provision <strong>of</strong> stamp duty <strong>for</strong> divorce instrument<br />

<strong>The</strong> Rajasthan Stamp Act, 1998 has a mandatory provision <strong>of</strong> stamp duty <strong>of</strong> Rs. 50 <strong>for</strong> a<br />

divorce instrument. <strong>The</strong> provision <strong>of</strong> stamp duty is primarily to ensure a legally acceptable<br />

document to safeguard the interest <strong>of</strong> the divorced woman, and not so much as a means <strong>of</strong><br />

revenue.<br />

Apart from the details mentioned above, the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps is not<br />

<strong>of</strong>fering any scheme/rebate specifically <strong>for</strong> women.<br />

Recommendations<br />

Based on the above analysis, following are the recommendations to the State Government to<br />

promote gender equity in the work <strong>of</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps:<br />

• <strong>The</strong> <strong>Department</strong> is recommended to review the management in<strong>for</strong>mation systems to enable<br />

collection <strong>of</strong> in<strong>for</strong>mation that is disaggregated by sex as much as possible.<br />

• More than 2 lakh women have availed the subsidy <strong>for</strong> stamp duty <strong>of</strong>fered by the State<br />

Government <strong>for</strong> registration <strong>of</strong> agricultural land by women. An impact assessment <strong>of</strong> this<br />

initiative can be undertaken, to determine how the rebate and the registration have<br />

affected the self-esteem, decision-making ability and position within the household<br />

among the female recipients <strong>of</strong> the subsidy.<br />

• <strong>The</strong>re is no difference in the stamp duty between males and females <strong>for</strong> registration <strong>of</strong><br />

land in urban areas. A revision <strong>of</strong> the stamp duty is suggested, with provision <strong>of</strong> a rebate<br />

<strong>for</strong> land registered in a woman’s name, in urban areas also. While such a scheme should<br />

include all women, if the consequent loss <strong>of</strong> revenue to the State is a concern, it could be<br />

restricted to single women, divorcees and widows.<br />

x


• <strong>The</strong> Government may also explore providing subsidy <strong>for</strong> land deeds (in both rural and<br />

urban areas) that are registered in joint name, <strong>of</strong> both husband and wife. Such a subsidy<br />

could be less than the rebate <strong>of</strong>fered if the deed is only in a woman’s name.<br />

• At present less than 10% <strong>of</strong> the staff in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps are<br />

women. <strong>The</strong> Government <strong>of</strong> Rajasthan may like to consider giving encouragement and<br />

preference <strong>for</strong> employing more women in the <strong>Department</strong>.<br />

• <strong>The</strong> registered document must be handed over to the woman only and the importance <strong>of</strong><br />

the document explained to her.<br />

• <strong>The</strong> <strong>Department</strong> collects revenue <strong>for</strong> registration <strong>of</strong> more than 30 transactions. <strong>The</strong><br />

Government could consider providing rebate/concession to women <strong>for</strong> these transactions,<br />

wherever applicable.<br />

xi


<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the<br />

<strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and<br />

Stamps in Rajasthan<br />

Rajasthan is the largest state <strong>of</strong> India, having a total geographical area <strong>of</strong> approximately<br />

0.35 million square kilometers. <strong>The</strong> State has a population <strong>of</strong> over 56.5 million, which<br />

comprises <strong>of</strong> 29.4 million males, and 27.1 million females, the sex ratio being 922.<br />

More than three quarters <strong>of</strong> the population reside in rural areas. Rajasthan has one <strong>of</strong><br />

the highest proportions <strong>of</strong> scheduled caste and scheduled tribe population among the<br />

Indian states, at 17.2% and 12.6% respectively.<br />

<strong>The</strong> <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps is responsible <strong>for</strong> the registration <strong>of</strong><br />

transactions <strong>of</strong> various kinds, most important <strong>of</strong> which are transactions <strong>of</strong> properties.<br />

In all, 34 kinds <strong>of</strong> deeds and transactions come under the purview <strong>of</strong> the <strong>Department</strong>.<br />

<strong>The</strong> limits <strong>of</strong> the taxes to be levied on the transactions are determined by the State<br />

Government, which are revised from time to time. <strong>The</strong> <strong>Department</strong> is an important<br />

contributor to the gross income <strong>of</strong> the State Government.<br />

<strong>The</strong> <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps is situated in Ajmer, and is headed by the<br />

Inspector General-<strong>Registration</strong> and Stamps, an <strong>of</strong>ficer <strong>of</strong> the Indian Administrative<br />

Services. At the district level, the District Collector is the Ex-<strong>of</strong>ficio District Registrar<br />

who supervises the work <strong>of</strong> the <strong>Department</strong>. <strong>The</strong> <strong>Department</strong> is further assisted by 67<br />

independent Sub-Registrars and 278 Tehsildars/Additional Tehsildars/N. Tehsildars who<br />

work as Ex-<strong>of</strong>ficio Sub-Registrars. For the functioning <strong>of</strong> the <strong>Department</strong>, the State<br />

has been assigned into 13 circles, each <strong>of</strong> which comprise <strong>of</strong> 3 or more districts. <strong>The</strong><br />

<strong>Department</strong> has 12 Deputy Inspector Generals, <strong>Registration</strong> and Stamps (DIG) and one<br />

ADM (stamps), all from the cadre <strong>of</strong> Rajasthan Administrative Services.<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> (GRB)<br />

Overview<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> (GRB) is not a separate budget <strong>for</strong> women, but involves<br />

the analysis and construction <strong>of</strong> general budgets from a gender perspective. GRB<br />

entails analysis <strong>of</strong> actual expenditure and revenue on women and girls as compared<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan 1


to men and boys, and helps Governments to decide on how policies need to be made,<br />

adjusted and reprioritised. <strong>The</strong> process <strong>of</strong> GRB eventually results in gender responsive<br />

budgets-which are not separate budgets <strong>for</strong> women, but government budgets that are<br />

planned, approved, executed, monitored and audited in a gender sensitive way. In<br />

the context <strong>of</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps, GRB serves to assess how<br />

effectively the services <strong>of</strong> the Government are meeting the needs <strong>of</strong> women and girls,<br />

in relation to men and boys; how much the policies are focused towards women; and<br />

what benefits accrue to women, as compared to men.<br />

<strong>Gender</strong> <strong>Budgeting</strong> in India<br />

In India, gender perspective on public expenditure has been gaining ground since<br />

the publication <strong>of</strong> the report <strong>of</strong> the Committee on the Status <strong>of</strong> Women in 1974. <strong>The</strong><br />

Eighth Five Year Plan (1992-97) highlighted <strong>for</strong> the first time the need to ensure a<br />

definite flow <strong>of</strong> funds from the general development sectors to women. <strong>The</strong> Ninth Five<br />

Year Plan (1997-2002), while reaffirming the earlier commitment, adopted the Women<br />

Component Plan as one <strong>of</strong> the main strategies and directed both the Central and the<br />

State Governments to ensure “not less than 30% <strong>of</strong> the funds/benefits are earmarked<br />

in all the women’s related sectors, <strong>for</strong> women”. For the first time, gender analysis <strong>of</strong><br />

the Union Budget was carried out in 2001-02. A need was realised to analyse state<br />

budgets with a gender perspective since the States/Union Territories account <strong>for</strong> the<br />

bulk <strong>of</strong> the expenditure in social sector which impinges on the welfare, development<br />

and empowerment <strong>of</strong> women.<br />

<strong>Gender</strong> <strong>Budgeting</strong> in Rajasthan<br />

In the context <strong>of</strong> how well the public services are benefiting the women <strong>of</strong> the<br />

State, the Honourable Chief Minister <strong>of</strong> Rajasthan, in her budget speech <strong>for</strong> the year<br />

2005-06, has emphasised upon the need <strong>for</strong> gender budgeting/auditing in the State.<br />

<strong>The</strong> State Government has decided to carry out gender budgeting auditing <strong>for</strong> select<br />

departments on an initial basis. Six departments have been selected <strong>for</strong> GRB: Health,<br />

Education, Women and Child Development, <strong>Registration</strong> and Stamps, Agriculture and<br />

Social Welfare. <strong>The</strong> Evaluation <strong>Department</strong> has been assigned the responsibility <strong>of</strong><br />

carrying out GRB <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps.<br />

2<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan


GRB <strong>for</strong> <strong>Registration</strong> and Stamps<br />

For GRB <strong>of</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps, an in-depth analysis was<br />

carried out on the financial and physical in<strong>for</strong>mation obtained from the <strong>Department</strong>,<br />

and consultations carried out with <strong>of</strong>ficers from the Ministry <strong>of</strong> Women and Child<br />

Development, Government <strong>of</strong> India; the concerned departments <strong>of</strong> the Government <strong>of</strong><br />

Rajasthan; and gender experts from UNFPA, UNIFEM and IFES.<br />

<strong>The</strong> following section provides an analysis <strong>of</strong> the programmes/components <strong>of</strong> the<br />

<strong>Department</strong> from the perspective <strong>of</strong> GRB:<br />

Staff Members in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps<br />

(2004-06) by Sex<br />

An analysis <strong>of</strong> the staff working in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps from<br />

2004-06, disaggregated by sex, shows that women constitute less than 10% <strong>of</strong> the<br />

total work<strong>for</strong>ce (Table-1). Of the 347 persons working in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong><br />

and Stamps, only 22 are women.<br />

Table-1<br />

Staff Working in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps (2004-06),<br />

Disaggregated by Sex<br />

Year<br />

Number <strong>of</strong> staff members<br />

Men Women Total<br />

2004-05 325 22 347<br />

2005-06 325 22 347<br />

Reduction <strong>of</strong> Stamp Duty <strong>for</strong> <strong>Registration</strong> <strong>of</strong> Agricultural Land in a<br />

Woman’s Name<br />

To encourage and promote ownership <strong>of</strong> agricultural land in the name <strong>of</strong> women, on<br />

January 14, 2004, the Government <strong>of</strong> Rajasthan announced a 50% reduction (subsidy)<br />

in the stamp duty <strong>for</strong> agricultural land, if the land is registered in a woman’s name.<br />

<strong>The</strong> stamp duty in January 2004 stood at 11% <strong>for</strong> land that was registered in a<br />

woman’s/man’s name, and so the Government notification in this regard fixed the<br />

stamp duty <strong>for</strong> land registered in a woman’s name to 5.5%.<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan 3


However, on July 12, 2004, the Government revised the stamp duty and brought it<br />

down from 11% to 8% <strong>for</strong> all land transactions. No corresponding revision <strong>for</strong> land<br />

being registered in a women’s name was made. As a result the stamp duty to be paid<br />

when the land is registered in a woman’s name, continues to be 5.5%.<br />

Purchase <strong>of</strong> agricultural land (and utilisation <strong>of</strong> subsidy on stamp<br />

duty) by women, from January 2004 - December 2005.<br />

<strong>The</strong> following table provides in<strong>for</strong>mation on registration <strong>of</strong> agricultural land, and<br />

benefit accrued to women from January 2004 to December 2005 (Table-2).<br />

Table-2<br />

Number <strong>of</strong> Beneficiaries, and Benefit Accrued as a Result <strong>of</strong> Lower Stamp Duty<br />

Payable by Women <strong>for</strong> <strong>Registration</strong> <strong>of</strong> Agricultural Land in their Names.<br />

(January 2004 - December 05)<br />

S.No. Time period No. <strong>of</strong> agricultural land<br />

deeds registered in a<br />

Stamp duty<br />

received<br />

Benefit<br />

accrued to<br />

Benefit per<br />

women (in Rs.) 1<br />

woman’s name<br />

(no. <strong>of</strong> women<br />

beneficiaries)<br />

(in lakhs) women<br />

(in lakhs)<br />

1 Jan.04-Mar.04 8,178 1039 1039 9491<br />

2 Apr.04-June 04 33,862 2951 2951<br />

3 July 04-Mar.05 67,123 7523 3420 5908<br />

4 Apr.05-Dec.05 1,02,108 14,473 6579<br />

<strong>The</strong> above table shows that there is a sharp increase in the number <strong>of</strong> agricultural land<br />

deeds registered by women. From January 2004 to December 2005, more than two<br />

lakh women have registered agricultural land in their names. <strong>The</strong> total benefit accrued<br />

to women under this rebate is Rs. 13,989 lakhs, which amounts to an average <strong>of</strong> Rs.<br />

6621 per woman. <strong>The</strong> table also shows that the average subsidy availed per woman<br />

has reduced from July 2004 onwards, as compared to that received during the period<br />

January 04 - June 04. From the period January 04 - June 04, the average subsidy<br />

amounted to Rs. 9491 per woman; <strong>for</strong> the period July 04 - December 05, the average<br />

subsidy per woman is Rs. 5908. This reduction in the subsidy received per woman is<br />

1<br />

<strong>The</strong> benefit availed per woman is calculated by dividing the total subsidy received by women in the period, by the number <strong>of</strong><br />

women in whose names the agricultural land deeds were registered in the same period.<br />

4<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan


on account <strong>of</strong> a number <strong>of</strong> variables, including the reduction in the general stamp<br />

duty from 11 to 8%, with stamp duty <strong>for</strong> women staying the same (and not decreasing<br />

correspondingly) at 5.5%.<br />

Reduction <strong>of</strong> Stamp Duty on Gift Deeds <strong>of</strong> Immovable Property in<br />

a Woman’s Name<br />

According to the notification from the State Government dated March 30 th 2004,<br />

stamp duty in the case <strong>of</strong> gift deed <strong>of</strong> immovable property executed in favour <strong>of</strong> a<br />

sister/daughter/grand daughter/mother or wife has been reduced to 5% (as against<br />

8% <strong>for</strong> general)<br />

Mandatory Provision <strong>of</strong> Stamp Duty <strong>for</strong> Divorce Instrument<br />

<strong>The</strong> Rajasthan Stamp Act, 1998 has a mandatory provision <strong>of</strong> stamp duty <strong>of</strong> Rs. 50<br />

<strong>for</strong> divorce instrument (any instrument by which a person affects dissolution <strong>of</strong> the<br />

marriage). <strong>The</strong> provision <strong>of</strong> stamp duty is primarily to ensure a legally acceptable<br />

document to safeguard the interest <strong>of</strong> the divorced woman, and not so much as a<br />

means <strong>of</strong> revenue.<br />

Apart from the details mentioned above, the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and Stamps<br />

is not <strong>of</strong>fering any other scheme/rebate specifically <strong>for</strong> women. Sex disaggregated<br />

in<strong>for</strong>mation regarding the 34 transactions that are subject to stamp duty, is also not<br />

available.<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan 5


Recommendations<br />

• <strong>The</strong> <strong>Department</strong> does not have sex-disaggregated in<strong>for</strong>mation <strong>for</strong> the different<br />

transactions taking place in the State. A review <strong>of</strong> the management in<strong>for</strong>mation<br />

systems within the <strong>Department</strong> is recommended, to enable collection <strong>of</strong> in<strong>for</strong>mation<br />

that is disaggregated by sex as much as possible.<br />

• More than 2 lakh women have availed the subsidy <strong>for</strong> stamp duty <strong>of</strong>fered by the<br />

State Government <strong>for</strong> registration <strong>of</strong> agricultural land by women. It is recommended<br />

that an impact assessment <strong>of</strong> this initiative be undertaken, to determine how the<br />

rebate and the registration have affected the self-esteem, decision-making ability<br />

and position within the household among the female recipients <strong>of</strong> the subsidy.<br />

• <strong>The</strong>re is no difference in the stamp duty between males and females <strong>for</strong> registration<br />

<strong>of</strong> land in urban areas. A revision <strong>of</strong> the stamp duty is suggested, with provision<br />

<strong>of</strong> a rebate <strong>for</strong> land registered in a woman’s name, in urban areas also. In order to<br />

ensure that there is not too much <strong>of</strong> a loss to the State Government due to such<br />

a proposal, the rebate <strong>for</strong> agriculture and urban could both be fixed at 25%, as<br />

against 50% <strong>for</strong> agricultural land and nil <strong>for</strong> urban land as at present. While such<br />

a scheme should include all women, if the consequent loss <strong>of</strong> revenue to the State<br />

is a concern, it could be restricted to single women, divorcees and widows - <strong>for</strong><br />

whom some <strong>for</strong>m <strong>of</strong> rebate is strongly recommended, as a first step.<br />

• <strong>The</strong> Government may also explore providing subsidy <strong>for</strong> land deeds (in both rural and<br />

urban areas) that are registered in joint name, <strong>of</strong> both husband and wife. Such a<br />

subsidy could be less than the rebate <strong>of</strong>fered if the deed is only in a woman’s name.<br />

• At present less than 10% <strong>of</strong> the staff in the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> and<br />

Stamps are women. <strong>The</strong> Government <strong>of</strong> Rajasthan may like to consider giving<br />

encouragement and preference <strong>for</strong> employing more women in the <strong>Department</strong>.<br />

• <strong>The</strong> registered document must be handed over to the woman only and the<br />

importance <strong>of</strong> the document explained to her.<br />

• <strong>The</strong> <strong>Department</strong> is collecting revenue <strong>for</strong> registration <strong>of</strong> 33 other transactions as<br />

well. <strong>The</strong>se however do not amount to much revenue <strong>for</strong> the Government (according<br />

to the <strong>Department</strong>). <strong>The</strong> Government could consider providing rebate /concession<br />

to women <strong>for</strong> these transactions, wherever applicable. Such a move will send a<br />

good signal from the government, indicating the Government’s commitment to<br />

gender equality and women’s empowerment.<br />

6<br />

<strong>Gender</strong> <strong>Responsive</strong> <strong>Budgeting</strong> <strong>for</strong> the <strong>Department</strong> <strong>of</strong> <strong>Registration</strong> & Stamps in Rajasthan

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