Maharashtra act 060 of 1958 : The Maharashtra Stamp Act

CHAPTER I

PRELIMINARY

CHAPTER II

STAMP DUTIES

(A) Of the Liability of Instruments to Duty.

(B) Of Stamps and mode of using them.

(D) Of Valuations for Duty.

(E) Duty by whom payable.

CHAPTER III

ADJUDICATION AS TO STAMPS

CHAPTER IV

CHAPTER V

ALLOWANCES FOR STAMPS IN CERTAIN CASES

CHAPTER VI

REFERENCE, REVISION AND APPEAL

CHAPTER VII

CHAPTER VIII

SUPPLEMENTAL PROVISIONS

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹[the Maharashtra Stamp Act].

(2) It extends to the whole of the ²[State of Maharashtra].

(3) It shall come into force on such date³ as the State Government may, by notification in the Official Gazette, direct.

1. The short title was amended for "the Bombay Stamp Act, 1958" by Mah. 24 of 2012, Sch. Entry 67, w.e.f. 1st May 1960.

2. These words were substituted for the words "State of Bombay" by the Maharashtra Adaption of Laws (State and Concurrent Subjects) Order, 1960.

3. This Act came into force w.e.f. 16th February 1959, vide G.N., R.D., No. STP. 1507 IR, dated 4-2-1959, B.G.G., Part IV-B, p. 191.

Section 2.Definitions.

Section 3.Instruments chargeable with duty.

Section 4.Several instruments used in single transaction of development agreement, sale, lease, mortgage or settlement.

Section 5.Instruments relating to several distinct matters or transactions.

Section 6.Instruments coming within several descriptions in Schedule-I.

Section 7.Payment of higher duty in respect of certain instruments.

Section 8.Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law.

Section 9.Power to reduce, remit or compound duties.

Section 10.Duties how to be paid.

Section 10A.Duties to be paid in cash, by demand draft or by pay order by Government Controlled bodies, Insurance Companies and Banks.

Section 10B.Stock exchange, etc., to deduct stamp duty from trading member?s account.

Section 10C.Duties to be paid in cash, or by demand draft or by pay order by notary.

Section 10D.Certain Departments, Organisations, Institutions, etc., to ensure payment of stamp duty.

Section 11.Use of adhesive stamps.

Section 12.Cancellation of adhesive stamps.

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

Section 14.Only one instrument to be on same stamp.

Section 14A.Alterations in instruments how to be charged.

Section 15.Instruments written contrary to sections 13, 14 or 14A deemed not duly stamped.

Section 16.Denoting duty.

Section 17.Instruments executed in State.

Section 18.Instruments executed out of State.

Section 19.Payment of duty on certain instruments or copies thereof liable to be increased duty in Maharashtra State.

Section 20.Conversion of amount expressed in foreign currencies.

Section 21.Conversion of amount expressed in foreign currencies.

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

Section 23.Instruments reserving interest.

Section 24.Certain instruments connected with mortgage of marketable securities to be chargeable as agreements.

Section 25.How transfers in consideration of debt or subject to future payments, etc., to be charged.

Section 26.Valuation in case of annuity, etc.

Section 27.Stamp where value of subject matter is indeterminate.

Section 28.Facts affecting duty to be set forth in instrument.

Section 29.Direction as to duty in case of certain conveyances.

Section 30.Duties by whom payable.

Section 30A.Duties payable by financial institution.

Section 31.Adjudication as to proper stamps.

Section 32.Certificate by Collector.

Section 32A.Instrument of conveyance, etc., undervalued how to be dealt with.

Section 32B.Appeal.

Section 32C.Revision.

Section 33.Examination and impounding of instruments.

Section 33A.Impounding of Instruments after registration.

Section 34.Instruments not duly stamped inadmissible in evidence, etc.

Section 35.Admission of instrument where not to be questioned.

Section 36.Admission of improperly stamped instruments.

Section 37.Instruments impounded how dealt with.

Section 38.Deleted.

Section 39.Collector?s power to stamp instruments impounded.

Section 40.Instruments unduly stamped by accident.

Section 41.Endorsement of instruments on which duty has been paid under sections 34, 39 or 40.

Section 42.Prosecution for offence against stamp law.

Section 43.Persons paying duty or penalty may recover same in certain cases.

Section 44.Power to Revenue Authority to refund penalty or excess duty in certain cases.

Section 45.Non-liability for loss of instruments sent under section 37.

Section 46.Recovery of duties and penalties.

Section 47.Allowance for spoiled stamps.

Section 48.Allowance for spoiled stamps.

Section 49.Allowance in case of printed forms no longer required by Corporations.

Section 50.Allowance for misused stamps.

Section 51.Allowance for spoiled or misused stamps how to be made.

Section 52.Allowance for stamps not required for use.

Section 52A.Allowance for duty.

Section 52B.Invalidation of stamps and Saving.

Section 53.Control of and statement of case to Chief Controlling Revenue Authority.

Section 53A.Revision of Collector?s decision under sections 32, 39 and 41.

Section 54.Statement of case by Chief Controlling Revenue Authority to High Court.

Section 55.Power of High Court to call for further particulars as to case stated.

Section 56.Procedure in disposing of case stated.

Section 57.Statement of case by other Courts to High Court.

Section 58.Revision of certain decisions of Courts regarding the sufficiency of stamps.

Section 59.Penalty for executing, etc., instrument not duly stamped.

Section 59A.No prosecution under section 59, if instrument admitted by Court.

Section 60.Penalty for making false declaration on clearance list.

Section 61.Penalty for failure to cancel adhesive stamp.

Section 62.Penalty for omission to comply with provisions of section 28.

Section 63.Penalty for breach of rule relating to sale of stamps and for unauthorised sale.

Section 63A.Non-remittance of stamps duty within prescribed time to be offence.

Section 64.Institution and conduct of prosecutions.

Section 65.Deleted.

Section 66.Place of trial.

Section 67.Books, etc., to be open to inspection.

Section 67A.Obligation to furnish information.

Section 68.Powers to inspect and call for information.

Section 68A.Prevention or obstruction of an officer to be an offence.

Section 69.Power to make rules.

Section 70.Rounding off of fraction in duty payable or allowance to be made.

Section 71.Deleted.

Section 72.Delegation of certain powers.

Section 73.Saving as court-fees.

Section 73A.Deleted.

Section 73B.Deleted.

Section 74.Act not applicable to rates of stamp duty on bills of exchange, etc.

Section 75.Act to be translated and sold cheaply.

Section 76.Repeal of enactments.