West bengal act 002 of 1899 : Indian Stamp Act, 1899

Section 1. Short title, extent and commencement

Chapter-I - Preliminary

CHAPTER I.

Preliminary.

1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp Act, 1899.

¹(2) It extends to the whole of India except the State of Jammu and Kashmir:

Provided that it shall not apply to ²[the territories which, immediately before the 1st November, 1956, were comprised in Part B States (excluding the State of Jammu and Kashmir) except to the extent to which the provisions of this Act relate to rates of stamp duty in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution.

(3) It shall come into force on the first day of July, 1899.

Section 2. Definition

2. Definition.- In this Act, unless there is something repugnant in the subject or context,-

(1) "Banker".- "banker" includes a bank and any person acting as a banker:

(2) "Bill of exchange".- "bill of exchange" means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money:

(3) "Bill of exchange payable on demand".- "bill of exchange payable on demand" includes-

(a) an order for the payment of any sum of money by a bill or exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen;

(b) an order for the payment of any sum of money weekly, monthly, or at any other stated period; and

(c) a letter of credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn:

(4) "Bill of lading".- "bill of lading" includes a "through bill of lading", but does not include a mate's receipt:

(5) "Bond".- "bond" includes-

(a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;

(b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and

(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another:

(6) "Chargeable".- "chargeable" means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in ¹[India] when such instrument was executed or, where several persons executed the instrument at different times, first executed:

(7) "Cheque".- "cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand:

¹[* * *]

(9) "Collector".- "Collector"-

(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district; and

(b) includes a Deputy Commissioner and any officer whom ²[the State Government] may, by notification in the Official Gazette, appoint in this behalf:

(10) "Conveyance" "conveyance" includes a conveyance on sale and every instrument by which properly, whether moveable or immoveable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I ³[or by Schedule IA, as the case may be]:

⁴Explanation.- An instrument-

(i) whereby a co-owner of a property having defined share therein transfers such share or part thereof to another co-owner of the properly or divides such properly among co-owners, or

(ii) whereby a partner transfers his share in the properly of the partnership business to another partner or to other partners, whether separately or together with transfer of other business assets on retirement or dissolution, or whereby he contributes to the capital of the partnership firm by transferring his right and title to, or interest in, any property,

is, for the purpose of this clause, an instrument by which property is transferred;

(11) "Duly stamped," "duly stamped," as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount, and that such stamp has been affixed or used in accordance with the law for the time being in force in ⁵[India]:

(12) "Executed" and "Execution," "executed" and "execution," used with reference to instruments, mean "signed" and "signature":

(12a)[Omitted by the 1st Schedule of the Adaptation of Laws Order, 1950.]

(13) "Impressed Stamp" "impressed stamp" includes-

(a) labels affixed and impressed by the proper officer, and

(b) stamps embossed or engraved on stamped paper:

¹(13A) "India" "India" means the territory of India excluding the State of Jammu and Kashmir:

(14) "Instrument" "instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded:

(15) "Instrument of partition" "instrument of partition" means any instrument where by co-owners of any property divide or agree to divide such property in severalty ²[and includes-

(i) a final order for effecting a partition passed by any revenue authority or any Civil Court;

(ii) an award by an arbitrator directing a partition; and

(iii) when any partition is effected without executing any such instrument, any instrument signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners;]

(16) "Lease" "lease" means a lease of immovable property and includes also-

(a) a patta;

(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for, immovable property;

(c) any instrument by which tolls of any description are let;

(d) any writing on an application for a lease intended to signify that the application is granted:

³[(e) any agreement to lease;

(f) mining licence;]

⁴(16a) "Marketable security" "marketable security" means a security of such a description as to be capable of being sold in any stock market in ⁵[India] or in the United Kingdom:

¹(16b) "market value" means, in relation to any property which is the subject-matter of an instrument, the price which such property would have fetched or would fetch if sold in open market on the date of execution of such instrument as determined in such manner and by such authority as may be prescribed by rules made under this Act or the consideration stated in the instrument, whichever is higher;

17) "Mortgage-deed".- "mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property:

(18) "Paper" "paper" includes vellum, parchment or any other material on which an instrument may be written:

(19) "Policy of insurance" "policy of insurance" includes-

(a) any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event;

(b) a life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance:²

[* * *]

³(19A) "Policy of group insurance".- "policy of group insurance" means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection:

(20) "Policy of sea-insurance" or "sea-policy" "policy of sea-insurance" or "sea-policy"-

(a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel; and

(b) includes any insurance or goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance:

Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance:

(21) "Power of attorney" "power of attorney" includes any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a specified person to Act for and in the name of the person executing it:

(22) "Promissory note" "promissory note" means a promissory note as defined by the Negotiable Instruments Act, 1881 (XXVI of 1881).;

it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen:

(23) "Receipt" "receipt" includes any note, memorandum or writing-

(a) whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or

(b) whereby any other moveable property is acknowledged to have been received in satisfaction of a debt, or

(c) whereby any debt or demand or any part of a debt or demand is acknowledged to have been satisfied or discharged, or

(d) which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person:¹*

(24) "Settlement" "settlement" means any non-testamentary disposition, in writing, of moveable or immoveable property made-

(a) in consideration of marriage,

(b) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or

(c) for any religious or charitable purpose;

and includes an agreement in writing to make such a disposition ²[and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition]:³*

⁴[(25) "Soldier" "Soldier" includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act, 1911⁵ (VIII of 1911).]

⁶[* * *]

Section 3. Instruments chargeable with duty

Chapter-II - Stamp-duties

CHAPTER II.

Stamp-duties.

A.- Of the Liability of Instruments to Duty.

3. Instruments chargeable with duty.- Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefor, respectively, that is to say-

(a) every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in ¹[India] on or after the first day of July, 1899;

(b) every bill of exchange ²[payable otherwise than on demand] ³[* * *] or promissory note drawn or made out of ¹[India] on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in ¹[India]; and

(c) every instrument (other than a bill of exchange, ³[* * *] or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed oui of ¹[India] on or after that day, relates to any property situate, or to any matter or thing done or to be done, in ¹[India] and is received in ¹[India]:

⁴Provided that, except as otherwise expressly provided in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule I, the amount indicated in Schedule IA to this Act shall, subject to the exemptions contained in that Schedule, be the duty chargeable under this Act on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefor respectively,-

(aa) every instrument, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in ⁵[West Bengal] on or after the first day of April, 1922; and

(bb) every instrument mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed out of ⁵[West Bengal] on or after the first day of April, 1922, and relates to any properly situated, or to any mailer or thing done or to be done, in ⁵[West Bengal] and is received in ⁵[West Bengal]:

Provided ¹[also] that no duty shall be chargeable in respect of-

(1) any instrument executed by, or on behalf of, or in favour of, the ²[Government] in cases where, but for this exemption, the ¹[Government] would be liable to pay the duty chargeable in respect of such instrument;

(2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessels, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act, 1894 or under Act XIX of 1838, or the Indian Registration of Ships Act, 1841 (57 & 58 Vict., c-60, X of 1841), as amended by subsequent Acts.

³[3A. * * *]

⁴[3AA. * * *]

Section 4. Several instruments used in single tans action or sale, mortgage or settlement

4. Several instruments used in single tans action or sale, mortgage or settlement.- (1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I ¹[or in Schedule IA, as the case may be] for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one rupee ²[if the principal instrument be chargeable with the duty prescribed in Schedule I, or with a duty of ³(two rupees), if the principal instrument be chargeable with the duty prescribed in Schedule IA, instead of the duty (if any) prescribed for such other instrument in Schedule I or Schedule IA, as the case may be.]

(2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument:

Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments, employed.

Section 5. Instruments relating to several distinct matters

5. Instruments relating to several distinct matters.- Any instrument comprising or relating to several distinct mailers shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act.

Section 6. Instruments earning within several descriptions in Schedule I or in Schedule IA

6. Instruments earning within several descriptions in Schedule I or in Schedule IA.- Subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I ⁴[or in Schedule IA, as the case may be,] shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties:

Provided that nothing in this Act contained shall render chargeable with duty exceeding ³[two rupees] a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid ⁵[unless it falls within the provisions of section 6A.]

Section 6-A. Payment of West Bengal Stamp duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original instrument

¹6-A. Payment of West Bengal Stamp duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original instrument.- (1) Notwithstanding anything contained in sections 4 or 6 or in any other law unless it is proved that the duty chargeable under the Bengal Stamp (Amendment) Act, 1922, ²[or the Indian Stamp (Bengal Amendment) Act, 1935] has been paid-

(a) on the principal or original instrument as the case may be, or

(b) in accordance with the provisions of this section,

the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in ³[West Bengal], have been chargeable under the Bengal Stamp (Amendment) Act, 1922 ²[or the Indian Stamp (Bengal Amendment) Act, 1935] with a higher rule of duty, be the duty with which the principal or original instrument would have been chargeable under section 19A.

(2) Notwithstanding anything contained in any law, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon:

Provided that a Court before which any such instrument, counterpart, duplicate or copy is produced, may, in its discretion, permit the duty chargeable under this section to be paid thereon, and may then receive it in evidence.

Section 7. Policies of sea-insurance

7. Policies of sea-insurance.- (1) ⁴[* * *]

(2) ⁴[* * *]

(3) ⁴[* * *]

(4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time.

Section 8. Bonds, debentures or other securities issued on loans under Act XI, 1879

8. Bonds, debentures or other securities issued on loans under Act XI, 1879.- (1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the ¹Local Authorities Loan Act, 1879 (XI of 1879), or of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of ²[one per centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped, and shall not be chargeable with any further duty on renewal, consolidation, sub-division or otherwise.

(2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not:

Provided that nothing herein contain shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when such duty has not already been paid or remitted by order issued by the ³[Central Government].

(3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a like penally for every month after the First month during which the neglect continues.

Section 9. Power to reduce, remit or compound duties

9. Power to reduce, remit or compound duties.- ⁴[(1)] ⁵[The ⁶[* * *] Government] may, by rule or order published in the ⁷[Official Gazette],-

(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of ⁸[the territories under its administration], the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and

(b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate ¹[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.

²(2) In this section the expression "the Government" means,-

(a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duly chargeable under this Act and falling within entry 96 in List I in the Seventh Schedule to the Constitution, the Central Government;

(b) save as aforesaid, the State Government.

Section 10. Duties how to be paid

B.- Of Stamps and the mode of using them.

10. Duties how to be paid.- (1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps-

(a) according to the provisions herein contained; or

(b) when no such provision is applicable thereto-as the ³[State Government] may by rule direct.

(2) The rules made under sub-section (1) may, among other matters, regulate,-

(a) in the case of each kind of instrument-the description of stamps which may be used;

(b) in the case of instruments stamped with impressed stamps- the number of stamps which may be used;

(c) in the case of bills of exchange or promissory notes ⁴[* * *] the size of the paper on which they are written.

Section 11. Use of adhesive stamps

11. Use of adhesive stamps.- The following instruments may be stamped with adhesive stamps, namely;-

(a) instruments chargeable ⁵[with a duty not exceeding ten naye paise], except parts of bills of exchange payable otherwise than on demand and drawn in sets;

(b) bills of exchange, ¹[* * *] and promissory notes drawn or made out of ²[India];

(c) entry as an advocate, vakil or attorney on the roll of a High Court;

(d) notarial acts; and

(e) transfers by endorsement of shares in any incorporated company or other body corporate.

Section 12. Cancellation of adhesive sumps

12. Cancellation of adhesive sumps.- (1)(a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and

(b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again.

(2) Any instrument, bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped.

(3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.

Section 13. Instruments stamped with impressed stamps how to be written

13. Instruments stamped with impressed stamps how to be written.- Every instrument written upon paper stamped with an impressed stamp, shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.

Section 14. Only one instrument to be on same stamp

14. Only one instrument to be on same stamp.- No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written:

Provided that nothing in this section shall prevent any endorsement which is duty stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.

Section 15. Instrument written contrary to section 13 or 14 deemed unstamped

15. Instrument written contrary to section 13 or 14 deemed unstamped.- Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.

Section 16. Denoting duly

16. Denoting duly.- Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first-mentioned instrument by endorsement under the hand of the Collector or in such other manner (if any) as ¹[the State Government] may by rule prescribe.

Section 17. Instruments executed in India

C.- Of the time of stamping instruments.

17. Instruments executed in India.- All instruments chargeable with duty and executed by any person in ²[India] shall be stamped before or at the time of execution.

Section 18. Instruments other than bills and notes executed out of India

18. Instruments other than bills and notes executed out of India.- (1) Every instrument chargeable with duty executed only out of ²[India], and not being a bill of exchange,³[* * *] or promissory note, may be stamped within three months after it has been first received in ²[India].

(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duty stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the ¹[State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.

Section 19. Bills and notes drawn out of India

19. Bills and notes drawn out of India.- The first holder in ²[India] of any bill of exchange ⁴[payable otherwise than on demand], ³[* * *] or promissory note drawn or made out of ²[India] shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in ²[India], affix thereto the proper stamp and cancel the same;

Provided that-

(a) if, at the time any such bill of exchange ³[* * *] or note comes into the hands of any holder thereof in ²[India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12, and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such Stamp shall, so far as relates to such holder, be deemed to have been duty affixed and cancelled;

(b) nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp.

Section 19-A. Payment of duty on certain instruments liable to increased duty in West Bengal under clause (bb) of section 3

¹19-A. Payment of duty on certain instruments liable to increased duty in West Bengal under clause (bb) of section 3.- Where any instrument has become chargeable in any part of ²[India] other than ³[West Bengal] with duty under this Act or under any other law for the time being in force in any part of ²[India] and thereafter becomes chargeable with a higher rate of duty in ³[West Bengal] under clause (bb) of the first proviso to section 3-

(i) notwithstanding anything contained in the first proviso to section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule IA less the amount of duty, if any, already paid on it in ³[India],

(ii) in addition to the stamps, if any already affixed thereto, such instrument shall be stamped with the Stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same persons as though such instrument were an instrument received in; ²[India] for the first time at the time when it became chargeable with the higher duly.

Section 20. Conversion of amount expressed in foreign currencies

D.- Of Valuations for Duty.

20. Conversion of amount expressed in foreign currencies.- (1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of ²[India], such duty shall be calculated on the value of such money in the currency of ²[India] according to the current rule of exchange on the day of the date of the instrument.

(2) The ¹[Central Government] may, from to time, by notification in the ²[Official Gazette], prescribe a rate of exchange for the conversion of British or any foreign currency into the currency of ³[India] for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rule for the purposes of sub-section (1).

Section 21. Stock and marketable securities bow to be valued

21. Stock and marketable securities bow to be valued.- Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.

Section 22. Effect of statement of rate of exchange or average price

22. Effect of statement of rate of exchange or average price.- Where an instrument contains a statement fo current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duty stamped.

Section 23. Instruments reserving interest

23. Instruments reserving interest.- Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.

Section 23-A. Certain instruments connected with mortgages or marketable securities to be chargeable as agreements

⁴23-A. Certain instruments connected with mortgages or marketable securities to be chargeable as agreements.- (1) Where an instrument (not being a promissory note or bill of exchange)-

(a) is given upon the occasion of the deposit or any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or

(b) makes redeemable or qualifies a duty stamped transfer, intended as a security, of any marketable security,

it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under ⁵[Article No. 5(c)] of Schedule I.

(2) A release or discharge of any such instrument shall only be chargeable with the like duty.

Section 24. How transfer in consideration of debt, or subject to future payment, etc., to be charged

24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.- Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duly:

Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I.

Explanation.- In the case of a sale of property subject to a mortgage or other incumbrance, any unpaid mortgage-money or money charged, logether with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale:

Provided that, where properly subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.

Illustrations.

(1) A owes B Rs. 1,000. A sells a property to B, the consideration being Rs. 500 and the release of the previous debt of Rs. 1,000. Stamp-duly is payable on Rs. 1,500.

(2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid interest Rs. 200. Stamp-duty is payable on Rs. 1,700.

(3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B after wards buys the house from A. Stamp-duly is payable on Rs. 10,000 less the amount of stamp-duly already paid for the mortgage.

Section 25. Valuation in case of annuity, etc

25. Valuation in case of annuity, etc.- Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,-

(a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained-such total amount;

(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance-the total amount which, according to the terms or such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and

(c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance-the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.

Section 26. Stamp when value of subject-miller is indeterminate

26. Stamp when value of subject-miller is indeterminate.- Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if Stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient:

¹Provided that, in the case of the lease of a mine in which royalty on a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duly,-

(a) when the lease has been granted by or on behalf of ²[the Government], at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royally or share to ³[the Government] under the lease, or,

(b) when the lease has been granted by any other person, at twenty thousand rupees a year;

and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:

Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 41; the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.

Section 27. Facts affecting duty to be set forth in instrument

⁴27. Facts affecting duty to be set forth in instrument.- (1) the market value of, and the consideration (if any) for, any properly and all other facts and circumstances affecting the chargeability of any instrument with duly, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.

(2) In the case of instruments relating to immovable properly chargeable with an ad valorem duty on the market value of the property, and not on the consideration set forth therein, the instrument shall fully and truly set forth the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates, municipal or other laxes, if any, in which such property may be subject, and any other particulars which may be prescribed by rules made under this Act.

Section 28. Direction as to duty in case of certain conveyances

28. Direction as to duty in case of certain conveyances.- (1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration.

(2) Where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified.

(3) Where a person, having contracted for the purchase of any properly but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser.

(4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons, and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration oyer the aggregate of the considerations paid by the sub-purchaser:

Provided that the duly on such last-mentioned conveyance shall in no case be less than ¹[two rupees],

(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duty stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees.

Section 29. Duties by whom payable

E.- Duty by whom payable.

29. Duties by whom payable.- In the absence of agreement to the contrary, the expense of providing the proper stamp shall he borne.-

(a) in the case of any instrument described in any of the following articles of Schedule I, namely:-

No. 2 (Administration Bond),

¹[No. 6 (Agreement relating to Deposit of Title deeds, Pawn or Pledge),]

No. 13 [Bill of Exchange),

No. 15 [Bond),

No. 16 (Bottomry Bond),

No. 26 (Customs Bond),

No. 27 (Debenture),

No. 32 (Further charge),

No. 34 (Indemnity-Bond),

No. 40 (Mortgage-deed),

No. 49 (Promissory-note),

No. 55 (Release),

No. 56 (Respondentia Bond),

No. 57 (Security-bond or Mortgage-deed),

No. 58 (Settlement),

No. 62(a) (Transfer of shares, in an incorporated Company or other body corporate),

No. 62(b) (Transfer of debtnutures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8),

No. 62(c) (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),-

by the person drawing, making or executing such instrument;

²[(b) in the case of a policy of insurance other than fire-insurance-by the person effecting the insurance;

(bb) in the case of a policy of fire-insurance-by the person issuing the policy;]

(c) in the case of a conveyance (including a re-conveyance of mortgaged property)-by the grantee: in the case of a lease or agreement to lease-by the lessee or intended lessee;

(d) in the case of a counterpart of a lease-by the lessor;

(e) in the case of an instrument of exchange--by the parties in equal shares;

(f) in the case of a certificate of sale-by the purchaser of the properly to which such certificate relates; and

(g) in the case of an instrument of partition-by the parties there in proportion to their respective shares in the whole properly partitioned, or when the partition is made in execution of an order passed by a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs.

¹(h) in the case of any instrument not specified in clauses (a) to (g)-by the person drawing, making or executing such instrument.

Section 29-A. Application or sections 23A, 24 and 29 to instrument chargeable with duty under Schedule 1A

²29-A. Application or sections 23A, 24 and 29 to instrument chargeable with duty under Schedule 1A.- In applying sections 23A, 24 or 29 to any instrument chargeable with a higher rule of duty under the Bengal Stamp (Amendment) Act, 1922, ³[or the Indian Stamp (Bengal Amendment) Act, 1935], these in those sections to the several articles in Schedule I shall be deemed to be references to the corresponding articles in Schedule IA.

Section 30. Obligation to give receipt in certain cases

30. Obligation to give receipt in certain cases.- Any person receiving any money exceeding twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any moveable properly exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill cheque, note or porperty, give a duty stamped receipt for the same.

⁴[Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duty Stamped receipt for the same.]

Section 31. Adjudication as to proper stamp

Chapter-III - Adjudication as to stamps

CHAPTER III.

Adjudication as to stamps.

31. Adjudication as to proper stamp.- (1) When any instrument whether executed or not and whether previously Stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than ¹[fifty naye paise]) as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable.

(2) For this purpose the Collector may require to be furnished with an abstract or the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargcabilily of the instrument with duty, or the amount of the duty with which in is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly:

Provided that-

(a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and

(b) every person by whom any such evidence is furnished shall. On payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penally which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Section 32. Certificate by Collector

32. Certificate by Collector.- (1) When an instrument brought to the Collector under section 31, is, in his opinion, one of a description chargeable with duty, and-

(a) the Collector determines that it is already fully stamped, or

(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid,

the Collector shall certify by endorsement on such instrument that the full duty (staling the amount) with which it is chargeable has been paid,

(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.

(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duty stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duty stamped:

Provided that nothing in this section shall authorise the Collector to endorse-

(a) any instrument ¹[other than an instrument chargeable with a duty under clause (bb) of the first proviso to section 3] executed or first executed in ²[India] and brought to him after the expiration of one month from the date of is execution or first execution, as the case may be;

(b) any instrument executed or first executed out of ²[India] and brought to him after the expiration of three months after it has been First received in ²[India]³[* * *];

(c) any instrument chargeable ⁴[with a duty not exceeding ten naye paise] or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duty stamped; ⁵or

(d) any instrument chargeable with duty under clause (bb) of the first proviso to section 3 and brought to him after the expiration of three months of the date on which it is first received in ⁶[West Bengal]).

Section 33. Examination and impounding of instruments

Chapter-IV - Instruments not duty stamped

CHAPTER IV.

Instruments not duty stamped.

33. Examination and impounding of instruments.- (1) ⁷(a) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duly, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duty stamped, impound the same.

⁷(b) Notwithstanding anything contained in section 31, but without prejudice to the provisions of clause (a) of this sub-section, the Collector, before whom any instrument is brought under section 31 for determining the duty with which the instrument is chargeable, shall fit appears to him that such instrument is not duty stamped, impound the same:

Provided that nothing contained in this clause shall be deemed to authorise the Collector to impound any instrument which has not been executed but is brought to him under section 31 for determining the duty with which the instrument is chargeable or any instrument which he is authorised to endorse under section 32.

(2) for that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in ¹[India] when such instrument was executed or firs I executed:

Provided that-

(a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898;

(b) in the case of Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf.

(3) For the purposes of the section, in cases of doubt,-

(a) the ²[State Government] may determine what offices shall be deemed to be public offices; and

(b) the ²[State Government] may determine who shall be deemed to be persons in charge of public offices.

³(4) Where deficiency in stamp duty is noticed from the copy of any instrument, the Collector may, suo motu or on a reference from any Court or from the Commissioners of Divisions or from any officer authorised by the Board of Revenue in that behalf, call for the original instrument for the purpose of satisfying himself as to the adequacy of the duty paid thereon, and the instrument so produced before the Collector shall be deemed to have been produced or come before him in the performance of his functions.

³(5) In case the instrument is not produced within the period specified by the Collector, he may require payment of deficit stamp duly, if any, together with penalty under section 40 on the copy of the instrument:

Provided that no action under this sub-section shall be taken after a period of four years from the date of execution of the instrument.

Section 34. Special provision as to unstamped receipts

34. Special provision as to unstamped receipts.- Where any receipt chargeable ¹[with a duty not exceeding ten naye paise] is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duty stamped receipt to be substituted therefor.

Section 35. Instruments not duty stamped inadmissible in evidence, etc.

35. Instruments not duty stamped inadmissible in evidence, etc.- No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such insturment is duty stamped:

Provided that-

(a) any such instrument not being an instrument chargeable ²[with a duty not exceeding ten naye paise] only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with me same is chargeable, or in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penally of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion;

(b) Where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it,

(c) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duty stamped;

(d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (Act V of 1898);

(e) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of ³[the Government], or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act.

Section 36. Admission of instrument where not be questioned

36. Admission of instrument where not be questioned.- Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage or the same suit or proceeding on the ground that the instrument has not been duty stamped.

Section 37. Admission of improperly stamped instruments

37. Admission of improperly stamped instruments.- The ¹[State Government] may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duty stamped, and any instrument so certified shall then be deemed to have been duty stamped as from the date of its execution.

Section 38. Instruments impounded, how dealt with

38. Instruments impounded, how dealt with.- (1) When the person impounding an instrument under section 33 has by law or consent of panics authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, staling the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf.

(2) In every other case, the person so impounding an instrument shall send it in original to the Collector.

Section 39. Collector's power to refund penally paid under section 38, sub-section (1)

39. Collector's power to refund penally paid under section 38, sub-section (1).- (1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit ²[* * *] refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument.

(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.

Section 40. Collector's power to stamp instruments impounded

40. Collector's power to stamp instruments impounded.- (1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not being an instrument chargeable ³[with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, he shall adopt the following procedure:-

(a) if he is of opinion that such instrument is duty stamped or is not chargeable with duty, he shall certify by endorsement thereon that it is duty stamped, or that it is not so chargeable, as the case may be;

(b) if he is of opinion that such instrument is chargeable with duty and is not duty stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees; or, if he thinks fit, ⁴[an amount not exceeding] ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees:

Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penally prescribed by this section.

(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matter stated therein.

(3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer.

Section 41. Instruments unduly stamped by accident

41. Instruments unduly stamped by accident.- If any instrument chargeable with duty and not duty stamped, not being an instrument chargeable ¹[with a duty not exceeding ten naye paise] only or a hill of exchange or promissory note is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duty stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duty stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next hereinafter prescribed.

Section 42. Endorsement of instruments on which duty has been paid under sections 35, 40 of 41

42. Endorsement of instruments on which duty has been paid under sections 35, 40 of 41.- (1) When the duty and penalty (if any) leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence of the Collector, as the case may be, shaft certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (staling the amount of each) have been levied in respect thereof and the name and residence of the person paying them.

(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duty stamped, and shall be delivered on his application in this behalf to the person from whose possession in came into the hands of the officer impounding it, or as such person may direct:

Provided that-

(a) no instrument which has been admitted in evidence upon payment of duty, and a penally under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate;

(b) nothing in this section shall affect the ²Code of Civil Procedure, section 144, clause 3 (Act XIV of 1882).

Section 43. Prosecution for offence against Stamp-law

43. Prosecution for offence against Stamp-law.- The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the Stamp-law in respect of such instrument:

Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penally has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty.

Section 44. Persons paying duty or penalty may recover same in certain cases

44. Persons paying duty or penalty may recover same in certain cases.- (1) When any duty or penally has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.

(2) For the purpose of such recovery, any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified.

(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which such-person are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings, for the recovery of the amount shall be maintainable.

Section 45. Power to Revenue-authority to refund penalty or excess duty in certain cases

45. Power to Revenue-authority to refund penalty or excess duty in certain cases.- (1) Where any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon application in writing made within one year from the date of the payment, refund such penally wholly or in pan,

(2) Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess.

Section 46. Non-liability for loss of instruments sent under section 38

46. Non-liability for loss of instruments sent under section 38.- (1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.

(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument.

Section 47. Power of payer to stamp bills and promissory notes received by him unstamped

47. Power of payer to stamp bills and promissory notes received by him unstamped.- When any bill of exchange ¹[or promissory note] chargeable ²[with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill ³[or note], and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill ³[or note] shall, so far as respects the duty, be deemed good and valid:

Provided that nothing herein contained shall relieve any person from any penalty or preceding to which he may be liable in relation to such bill, ³[or note].

Section 47-A. Instruments of conveyance etc. undervalued, how to be dealt with

⁴47-A. Instruments of conveyance etc. undervalued, how to be dealt with.- (1) Where the registering officer appointed under the Registration Act, 1908 (16 of 1908), has, while registering any instrument of conveyance, exchange, gift, partition or settlement, reason to believe that the market value of the property which is the subject-matter of such instrument has not been truly set forth in the instrument, he may, notwithstanding the contrary provision in section 35 in so far as it relates to registration, register such instrument provisionally, subject to determination of the market value under sub-section (2), and, after registering such instrument, refer the matter to such authority as may be prescribed far determination of the market value of such property and the proper duty payable thereon.

(2) On receipt of a reference under sub-section (1), such authority shall, after giving the parties concerned an opportunity of making their representation and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject-matter of such instrument and the amount of the duty payable as aforesaid. The difference, if any, in the amount of duty shall be payable by the person liable to pay the duty.

(3) The authority referred to in sub-section (2) may suo motu within two years from the date of registration of such instrument, not already referred to him under sub-section (1), call for and examine any instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject-matter of such instrument and the duty payable thereon and if, after such examination, he has reasons to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the amount of the duty payable as aforesaid in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty:

Provided that nothing in this sub-section shall apply to any instrument registered before the date of commencement of the Indian Stamp (West Bengal Amendment) Act, 1990 (West Ben. Act XVII of 1990).

(4) Any person aggrieved by an order of the authority under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within sixty days from the date of the order and shall be heard and disposed of in such manner as may be prescribed by rules made under this Act.

(5) The appellate authority shall be,-

(i) in the city of Calcutta, the Commissioner, Presidency Division; and

(ii) elsewhere, the Commissioner of the respective Division.

Section 48. Recovery of duties and penalties

48. Recovery of duties and penalties.- All duties, penalties and other sums required to be paid under this Chapter may be recovered by the Collector by distress and sale of the moveable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land-revenue.

Section 48-A. Validity of certificate or endorsements in respect of instruments for which higher rate of duty is payable in West Bengal

¹48-A. Validity of certificate or endorsements in respect of instruments for which higher rate of duty is payable in West Bengal.- Notwithstanding anything contained in this Act, no certificate or endorsement under this Act in respect of an instrument chargeable in ²[West Bengal] with a higher rate of duty under the Bengal Stamp (Amendment) Act, 1922, ³[or the Indian Stamp (Bengal Amendment) Act, 1935], shall be received in evidence or be in any way valid in respect of the payment of duty on such instrument or in respect of the chargeability of such instrument with duty, unless the duty chargeable under the Bengal Stamp (Amendment) Act, 1922 (Ben. Act III of 1922), ³[or the Indian Stamp (Bengal Amendment) Act, 1935 (Ben. Act XII of 1935)], has been paid on such instrument.

Section 49. Allowance for spoiled stamps

Chapter-V - Allowances for stamps in certain cases

CHAPTER V.

Allowances for stamps in certain cases.

49. Allowance for spoiled stamps.- Subject to such rules as may be made by ⁴[the State Government] as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance for impressed Stamps spoiled in the cases hereinafter mentioned, namely:-

(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person;

(b) the stamp on any document which is written out wholly or in pan, but which is not signed or executed by any party thereto;

(c) in the case of bills of exchange ¹[payable otherwise than on demand] ²[* * *] or promissory notes-

(1) the stamp on ³[any such bill of exchange] ²[* * *] signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender or acceptance: provided that the paper on which any such stamp is impressed does not bear any signature intended as or for the acceptance of any bill of exchange ²[* * *] to be afterwards written thereon;

(2) the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands;

(3) the stamp used or intended to be used for ³[any such bill of exchange] ⁴[* * *] or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange ²[* * *] may have been presented for acceptance or accepted or endorsed, or, being a promissory note may have been delivered to the payee: provided that another completed and duty stamped bill of exchange ⁴[* * *] or promissory note is produced identical in every particular, except in the correction of such omission or crror as aforesaid, with the spoiled bill, ⁴* or note;

(d) the stamp used for an instrument executed by any party thereto which-

(1) has been afterwards found to be absoluledly void in law from the beginning;

(2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended;

(3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed;

(4) for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended;

(5) by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose;

(6) becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value;

(7) is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value;

(8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duty stamped:

Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled.

Explanation.- The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable has been paid is an impressed stamp within the meaning of this section.

Section 50. Application for relief under section 49 when to be made

50. Application for relief under section 49 when to be made.- The application for relief under section 49 shall be made within the following periods, that is to say,-

(1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument;

(2) in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled;

(3) in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed:

Provided that,-

(a) when the spoiled instrument has been for sufficient reasons sent out of ¹[India] the application may be made within six months after it has been received back in ¹[India];

(b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument.

Section 51. Allowance in case or printed forms no longer required by Corporations

51. Allowance in case or printed forms no longer required by Corporations.- The Chief Controlling Revenue-authority ²[or the Collector if empowered by the Chief Controlling Revenue-authority in this behalf] may, without limit of time, make allowance for stamped paper used for printed forms of instruments ³[by any banker or] by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said ⁴[banker], company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duty paid.

Section 52. Allowance for misused stamps

52. Allowance for misused stamps.-

(a) When any person has inadvertently used for an instrument chargeable with duty, stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or

(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13;

the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duly, cancel and allow as spoiled the stamp so misused or rendered useless.

Section 53. Allowance for spoiled or misused stamps how to be made

53. Allowance for spoiled or misused stamps how to be made.- In any case in which allowance is made for spoiled or misused Stamps, the Collector may give in lieu thereof-

(a) other Stamps of the same description and value; or

(b) if required and he thinks fit, Stamps of any other description to the same amount in value; or

(c) at his discretion, the same value in money, deducting ¹[ten naye paise] for each rupee or Fraction of a rupee.

Section 54. Allowance for stamps not required for use

54. Allowance for stamps not required for use.- When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or Stamps in money, deducting ¹[ten naye paise] for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction-

(a) that such stamp or Stamps were purchased by such person with a bona fide intention to use them; and

(b) that he has paid the full price thereof; and

(c) that they were so purchased within the period of six months next preceding the date on which they were so delivered:

Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.

Section 54-A. Allowances for stamps in denominations of annas

²54-A. Allowances for stamps in denominations of annas.- Notwithstanding anything contained in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of annas four or multiples thereof and such stamp or Stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provision of sub-section (2) of section 14 of the Indian Coinage Act, 1906, upon such person delivering up, within six months from the commencement of the Indian Stamp (Amendment) Act, 1958, such stamp or stamps to the Collector (3 of I 19 of).

Section 54-B. Allowances for Refugee Relief stamps

³54-B. Allowances for Refugee Relief stamps.- Notwithstanding anything contained in section 54, when any person is possessed of Stamps bearing the inscription "Refugee Relief" (being Stamps issued pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall, upon such person delivering up, within six months from the commencement of the Refugee Relief Taxes (Abolition) Act, 1973, such Stamps to the Collector, refund to such person the value of such stamps in money or give in lieu thereof other stamps of the same value:

Provided that the State Government may, with a view to facilitating expeditious disposal of claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refunds.

Section 55. Allowance on renewal of certain debentures

55. Allowance on renewal of certain debentures.- When any duty stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less:

Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the ¹[State Government] may direct.

Explanation.- A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes:-

(a) the issue of two or more debentures in place of one original debenture, the total amount secured being the same;

(b) the issue of one debenture in place of two or more original debentures, the total amount secured being the same;

(c) the substitution of the name of the holder at the time of renewal for the name of the original holder; and

(d) the alteration of the rate of interest or the dates of payment thereof

Section 56. Control of and statement of case to, Chief Controlling Revenue-authority

Chapter-VI - Reference and revision

CHAPTER VI.

Reference and revision.

56. Control of and statement of case to, Chief Controlling Revenue-authority.- (1) The powers exercisable by a collector under Chapter IV and Chapter V ²[and under clause (a) of the first proviso to section 26] shall in all case be subject to the control of the Chief Controlling Revenue-authority.

(2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue-authority.

(3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision.

Section 57. Statement of case by Chief Controlling Revenue-authority to High Court

57. Statement of case by Chief Controlling Revenue-authority to High Court.- (1) The Chief Controlling Revenue-authority may State any case referred to it under section 56, sub-section (2), or otherwise coming to is notice, and refer such case, with its own opinion thereon,-

¹(a) if it arises in a State, to the High Court for that State;

¹(b) if it arises in the Union Territory of Delhi or Himachal Pradesh, to the High Court of Punjab;

¹(c) if it arises in the Union Territory of Manipur or Tripura, to the High Court of Assam;

¹(d) if it arises in the Union Territory of the Andaman and Nicobar Islands, to the High Court at Calcutta; and

¹(e) if it arises in the Union Territory of the Laccadive, Minicoy and Amindivi Islands, to the High Court of Kerala.

(2) Every such case shall be decided by not less than three Judges of the High Court,²[* * *] to which it is referred and in case of difference the opinion of the majority shall prevail.

Section 58. Power of High Court to call for further particulars as to case stated

58. Power of High Court to call for further particulars as to case stated.- If the High Court ³[* * *] is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.

Section 59. Procedure in disposing of case stated

59. Procedure in disposing of case stated.- (1) The High Court ³[* * *] upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded.

(2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment.

Section 60. Statement of case by other Courts to High Court

60. Statement of case by other Courts to High Court.- (1) If any Court, other than a Court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own opinion there on, for the decision of the High Court ³[* * *] to which, if he were the Chief Controlling Revenue-authority, he would, under section 57, refer the same.

(2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the court and the signature of the Registrar to the Chief Controlling Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformable to such judgment.

(3) References made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior.

Section 61. Revision or certain decisions of Courts regarding the sufficiency of stamps

61. Revision or certain decisions of Courts regarding the sufficiency of stamps.- (1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of Code Code of Criminal Procedure, 1898 (Act V of 1898), makes any order admitting any instrument in evidence as duty stamped or as not requiring a stamp, or upon payment of duty and a penally under section 35, the Court to which appeal lie from, or references are made by, such first mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration.

(2) If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penally under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced.

(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument.

(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the stamp-law which the Collector considers him to have committed in respect of such instrument:

Provided that-

(a) no such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duly;

(b) except for the purposes of such prosecution, no declaration made under this section shall effect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42.

Section 62. Penally for executing, etc. instrument not duty stamped

Chapter-VII - Criminal offences and procedure

CHAPTER VII.

Criminal offences and procedure

62. Penally for executing, etc. instrument not duty stamped.- (1) Any person-

(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange ¹[payable otherwise than on demand], ²[* * *] or promissory note without the same duty stamped; or

(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duty stamped; or

(c) voting or attempting to vole under any proxy not duty stamped;

shall for every such offence be punishable with fine which may extend to five hundred rupees:

Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the Fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penally.

(2) If a share-warrant is issued without being duty stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.

Section 63. Penalty for failure to cancel adhesive stamp

63. Penalty for failure to cancel adhesive stamp.- Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to one hundred rupees.

Section 64. Penally for omission to comply with provisions or section 27

64. Penally for omission to comply with provisions or section 27.- Any person who, with intent to defraud the Government,-

(a) executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth, or

(b) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or

(c) does any other Act calculated to deprive the Government of any duty or penally under this Act;

shall be punishable with fine which may extend to five thousand rupees.

Section 64-A. Recovery of amount of deficit stamp duty

¹64-A. Recovery of amount of deficit stamp duty.- (1) Where any person liable to pay duty under this Act is convicted of an offence under section 64 in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution of India), the Magistrate shall, in addition to the punishment which may be imposed for such offence, recover summarily and pay over to the Collector the amount of duty, if any, due under this Act from such person in respect of that instrument and the Collector shall thereupon certify by endorsement on the instrument that proper duty has been levied in respect thereof:

Provided that if the person referred to in this sub-section has already paid any amount towards the duty payable under this Act in respect of the instrument in relation to which such person was convicted, the Magistrate shall recover only the difference in the amount of duly.

(2) The amount recoverable under sub-section (1) shall be recovered by the Magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1973 (2 of 1974).

Section 65. Penally for refusal to give receipt, and for devices to evade duty on receipts

65. Penally for refusal to give receipt, and for devices to evade duty on receipts.- Any person who-

(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,

(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of properly exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered;

shall be punishable with fine which may extend to one hundred rupees.

Section 66. Penalty for not making out policy, or making one not duty stamped

66. Penalty for not making out policy, or making one not duty stamped.- Any person who-

(a) receives, or takes credit for, any premium or consideration for any contract of insurance and does not, with one month after receiving, or taking credit for, such premium or consideration, make out and execute a duty stamped policy of such insurance; or

(b) makes, executes or delivers out any policy which is not duty stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;

shall be punishable with fine which may extend to two hundred rupees.

Section 67. Penally for not drawing full number of bills or marine policies purporting to be in sets

67. Penally for not drawing full number of bills or marine policies purporting to be in sets.- Any person drawing or executing a bill of exchange ²[payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duty stamped the whole number of bills or policies of which such bill or policy purpose the set to consist, shall be punishable with fine which may extend to one thousand rupees.

Section 68. Penally for post-dating bills, and for other devices to defraud the revenue

68. Penally for post-dating bills, and for other devices to defraud the revenue.- Any person who,-

(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or

(b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiates the same; or

(c) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force;

shall be punishable with fine which may extend to one thousand rupees.

Section 69. Penally for breach of rule relating to sale of sumps and for unauthorised sale

69. Penally for breach of rule relating to sale of sumps and for unauthorised sale.-

(a) Any person appointed to sell Stamps who disobeys any rule made under section 74; and

(b) any person not so appointed who sells or offers for sale any stamp (other than a ¹[ten naye paise or five naye paise] adhesive stamp);

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 70. Institution and conduct of prosecutions

70. Institution and conduct of prosecutions.- (1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the Collector or such other officer as ²[the State Government] generally, or the Collector specially, authorises in that behalf.

(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence.

(3) The amount of any such composition shall be recoverable in the manner provided by section 48.

Section 71. Jurisdiction of Magistrates

71. Jurisdiction of Magistrates.- No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.

Section 72. Place or trial

72. Place or trial.- Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found as well as in any district or presidency-town in which such offence might be tried under the Code of Criminal Procedure for the time being in force.

Section 73. Books, etc., to be open to inspection

Chapter-VIII - Supplemental provisions

CHAPTER VIII.

Supplemental provisions.

73. Books, etc., to be open to inspection.- Every public officer having in his custody any registers, books, records, papers, documents or proceeding, the in special on whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.

Section 73-A. Collector's power to authorise officer to enter premises, inspect certain documents, and seize them if necessary

¹73-A. Collector's power to authorise officer to enter premises, inspect certain documents, and seize them if necessary.- (1) The Collector may, where he has reason to believe that all or any of the instruments specified in Entry 91 of List I in the Seventh Schedule to the Constitution of India have not been charged at all or have been incorrectly charged with duty leviable under this Act, authorise in writing any officer to enter upon any premises where he has reason to believe that any registers, books, records, papers, documents or proceedings relating to or in connection with any such instrument are kept in such premises, and to inspect them, and to take such notes and extracts as such officer deems necessary, and, if necessary, to seize them and to impound them under section 33.

(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorised under sub-section (1), produce them before such officer and shall, at all reasonable times, permit such officer to inspect them and to take such notes and extracts as he may deem necessary.

Section 74. Powers to make rules relating to sale of stamps

74. Powers to make rules relating to sale of stamps.- ²[The State Government] ³[* * *] may make rules for regulating-

(a) the supply and sale of stamps and stamped papers,

(b) the persons by whom alone such sale is to be conducted, and

(c) the duties and remuneration of such persons:

Provided that such rules shall not restrict the sale of ⁴[ten naye paise or five naye paise] adhesive stamps.

Section 75. Power to make rules generally to carry out Act

75. Power to make rules generally to carry out Act.- ¹[The State Government] may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof.

Section 76. Publication of rules

76. Publication of rules.- ²(7) All rules made under this Act shall be published in the Official Gazette.

(2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.

Section 76-A. Delegation or certain powers

³76-A. Delegation or certain powers.- ⁴[* * * The State Government, may by notification in the Official Gazette], delegate-

(a) all or any or the powers conferred on it by sections 2(9), 33(3) (b), 10(1), 74 and 78 to the Chief Controlling Revenue-authority; and

(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45 (1) (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.

Section 77. Saving as to court-fees

77. Saving as to court-fees.- ⁵[Expect for the provisions as to copies contained in section 6A] nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees.

Section 77-A. Saving as to certain stamps

⁶77-A. Saving as to certain stamps.- All stamps in denominations or annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purpose of this Act.

Section 78. Act to be translated and sold cheaply

78. Act to be translated and sold cheaply.- Every ⁷[State Government] shall make provision for the sale of translations of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding ⁸[twenty-five naye paise] per copy.

Section 79. [Repealed]

79. [Repealed].- ¹[* * *]