The Indian Stamp Act, 1899
1899 का अधिनियम संख्यांक 2
27 जनवरी, 1899
स्टाम्पों से संबंधित विधि को समेकित और संशोधित करने के लिए अधिनियम। स्टाम्पों से संबंधित विधि को समेकित और संशोधित करना समीचीन है; अतः एतद् द्वारा निम्नलिखित रूप से यह अधिनियमित किया जाता है:—
Read full Act[Instruments chargeable with additional duty.] Omitted by the Refugee Relief Taxes (Abolition) Act, 1973 (13 of 1973), s. 2 (w.e.f. 1-4-1973).
Tripura.--
Substitution of section 3B.-- For section 3B of the principal Act, as inserted by the Union
Territories Taxation Laws (Amendment) Act, 1971, the following shall be substituted, namely: --
"3B. Instrument Chargeable with additional duty.--(1) Every instrument chargeable with duty
under section 3, read with Schedule 1, not being an instrument mentioned articles Nos. 13, 14, 27, 37, 47,
49, 52, 53 or 62(a), shall, in addition to such duty, be chargeable with a duty of ten paise.
(2) The additional duty with which any instrument is chargeable under sub-section (1) shall be paid
and such payment shall b
(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, for
the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty
of one rupee instead of the duty (if any) prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instrument 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.
1[(3) Notwithstanding anything contain
Any instrument comprising or relating to
several distinct matters 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.
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, 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 one rupee a
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
1
* * * *
(1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the
Local 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
1
[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, debentu
1[8A. Securities dealt in depository not liable to stamp duty.---Notwithstanding anything
contained in this Act or any other law for the time being in force,---
(a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue,
be chargeable with duty on the total amount of securities issued by it and such securities need not be
stamped;
(b) the transfer of registered ownership of securities from a person to a depository or from a
depository to a beneficial owner shall not be liable to duty;
Explanation.---For the purposes of this section, the expression "beneficial ownership" shall have the
same meaning as assigned t
1[8B. Corporatisation and demutualisation schemes and related instruments not liable to
duty---Notwithstanding anything contained in this Act or any other law for the time being in force,--
(a) a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the corporatisation or demutualisation, or both of a recognised stock exchange
pursuant to a scheme,
as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the
Securities Contr
1[8C. Negotiable warehouse receipts not liable to stamp-duty.--Notwithstanding anything
contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.]
1[8D. Agreement or document for assignment of receivables not liable to stamp-duty. --Notwithstanding anything contained in this Act or any other law for the time being in force, any
agreement or other document for assignment of receivables as defined in clause (p) of section 2 of the
Factoring Regulation Act, 2011 in favour of any factor as defined in clause (i) of section 2 of the said
Act shall not be liable to duty under this Act or any other law for the time being in force.]
1[8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
shareholding of a bank to a holding company of bank not liable to duty. ---Notwithstanding anything
contained in this Act or any other law for the time being in force,--
(a) conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of
shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the
Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in
force; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and oblig
1[8F. Agreement or document for transfer or assignment of rights or interest in financial assets
not liable to stamp-duty.---Notwithstanding anything contained in this Act or any other law for the time
being in force, any agreement or other document for transfer or assignment of rights or interest in
financial assets of banks or financial institutions under section 5 of the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), in favour of any asset reconstruction
company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be liable to duty
under this Act.]
1[8G. Strategic sale, disinvestment, etc., of immovable property by Government company not
liable to stamp duty.—Notwithstanding anything contained in this Act or any other law for the time
being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable
property from a Government company, its subsidiary, unit or joint venture,
(i) by way of strategic sale or disinvestment or demerger or any other scheme of arrangements or
through any law, to another Government company or to the Central Government or any State
Government or to the development financial institution established by any law made by Parliament;
or
(ii) which is to be wound up, closed, struck-off, liquidated or otherwise shut down, to another
Government company or to the Central Government or any State Government,
after approval of
1[(1)] 2[The 3***Government] may, by rule or
order published in the Official Gazette,--
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 4[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 5[of policies of insurance and] in the
case of issues by any incorporated company or other body corporate 6[or of transfers (where the
1[9A. Instruments chargeable with duty for transactions in stock exchanges and depositories.--(1) Notwithstanding anything contained in this Act,--
(a) when the sale of any securities, whether delivery based or otherwise, is made through a stock
exchange, the stamp-duty on each such sale in the clearance list shall be collected on behalf of the
State Government by the stock exchange or a clearing corporation authorised by it, from its buyer on
the market value of such securities at the time of settlement of transactions in securities of such buyer,
in such manner as the Central Government may, by rules, provide;
(b) when any transfer of securities for a consideration, whether delivery based or otherwise, is
made by a depository otherwi
1[9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges
and depositories.--Notwithstanding anything contained in this Act,--
(a) when any issue of securities is made by an issuer otherwise than through a stock exchange or
depository, the stamp-duty on each such issue shall be payable by the issuer, at the place where its
registered office is located, on the total market value of the securities so issued at the rate specified in
Schedule I;
(b) when any sale or transfer or reissue of securities for consideration is made otherwise than
through a stock exchange or depository, the stamp-duty on each such sale or transfer or reissue shall
be payable by the seller or transferor or issuer, as the case may be, on the consideration amount
specified in such instrument at the rate spe
(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 thereto0--as the 1[State Government] may be 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;
The following instruments may be stamped with adhesive stamps,
namely:--
(a) instruments chargeable 1[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, 2*** and promissory notes drawn or made out of 3[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
(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
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.
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 duly 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.
Every instrument
written in contravention of section 13 or section 14 shall be deemed to be unstamped.
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 the 1[State Government] may by rule
prescribe.
All instruments chargeable with duty and executed by any
person in 1[India] shall be stamped before or at the time of execution.
STATE AMENDMENT
Assam--
Amendment of section 17.--In the principal Act, in Section 17, after the existing provision, the
fol
(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
therefore, be duly 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.
The first holder in 1[India] of any bill of
exchange 3[payable otherwise than on demand], 2*** or promissory note drawn or made out of 1[India]
shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise
negotiates the same in 1[India], affix thereto the proper stamp and cancel the same:
Provided that,--
(a) if, at the time any such bill of exchange,
2*** or note comes into the hands of any holder
thereof in 1[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 re
(1) Where an instrument is
chargeable with ad valorem duty in respect of any money expressed in any currency other than that of
1[India] such duty shall be calculated on the value of such money in the currency of 1[India] according to
the current rate of exchange on the day of the date of the instrument.
(2) The Central Government may, from time to time, by notification in the Official Gazette, prescribe
a rate of exchange for the conversion of British or any foreign currency into the currency of 1[India] for
the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the
purposes of sub-section (1).
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 1[the market value of such stock or security.]
2[Provided that the market value for calculating the stamp-duty shall be, in the case of--
(i) options in any securities, the premium paid by the buyer;
(ii) repo on corporate bonds, interest paid by the borrower; and
(iii) swap, only the first leg of the cash flow.]
Where an instrument contains a
statement of 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 duly stamped.
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.
1[23A. Certain instruments connected with mortgages of 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 of 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 duly 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 2[Article No. 5 (c)] of Schedule I.
(2) A release or discha
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 duty:
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, together with the interest (if any) due on the same, shall be
deemed to be
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
of such instrument or conveyance, will or may be payable during the perio
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 the 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:
1[Provided that, in the case of the lease of a mine in which royalty or 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-duty,
(a) when the lease has be
The consideration (if any) and all other
facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty
with which it its chargeable, shall be fully and truly set forth therein.
(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
In the absence of an agreement to the contrary, the expense of
providing the proper stamp shall be 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),
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 property exceeding
twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque,
note or property, give a duly stamped receipt for the same.
1[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 duly stamped receipt for the same. ]
(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 of 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 chargeability of the instrument with duty, or the amount of the duty with
which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any s
(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 (stating the amount) with
which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Coll
(1) Every person having by law or consent of
parties authority to receive evidence, and every person in charge of a pubic office, except an officer of
police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the
performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound
the same.
(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 first executed:
Provided that--
(a) nothing
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 duly stamped receipt to be substituted therefore.
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 instrument is duly stamped :
Provided that--
(a) any such instrument 1[shall] be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to
make up such duty, together with a penalty 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;
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 of the same suit or proceeding on the ground that the instrument has not been duly stamped.
1[The 2[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 duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
(1) When the person impounding an instrument
under section 33 has by law or consent of parties 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, stating 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.
(1) When a
copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit,
1*** 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.
(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 1[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 duly stamped, or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamp, 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 duly 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 t
If any instrument chargeable with duty and not
duly stamped, not being an instrument chargeable 1[with a duty not exceeding ten naye paise] only or a
bill 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 duly 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 duly 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 herein
after prescribed.
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 or the Collector, as the case
may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty
and penalty (stating 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 duly stamped, and shall be delivered on his application
in this behalf to the person from whose possession it came into the hands of the officer impounding it, or
as such person may direct:
Provided that--
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 penalty has been paid, unless it appears to the Collector that the offence was committed with an
intention of evading payment of the proper duty.
(1) When any duty or
penalty 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 persons are parties and in which such instrument has been
(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 penalty wholly or
in part.
(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
(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
When any bill of exchange 1[or promissory note] chargeable 2[with a duty not exceeding ten nayepaise] 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 proceeding to
which he may be liable in relation to such bill, 3[or note].
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 movable 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.
STATE AMENDMENT
Subject to such rules as may be made by 1[the 2[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 herein after mentioned, namely: --br
(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 part, but which is not signed or
executed by any party thereto:
(c) in the case of bills of exchange 3[payable otherwi
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:
The Chief
Controlling Revenue-authority 1[or the Collector if empowered by the Chief Controlling Revenueauthority in this behalf ] may, without limit of time, make allowance for stamped papers used for printed
forms of instruments 2[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 2[banker], company or body corporate:
provided that such authority is satisfied that the duty in respect of such stamped papers has been duly
paid.
(a) When any person has inadvertently used for an instrument
chargeable with duty, a 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 duty, cancel
and allow as
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.
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 p
1[54A. 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 of 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 provisions of sub-section (2) of section 14 of the Indian Coinage
Act, 1906, (3 of 1906) upon such person delivering up, within six months from the commencement of the
Indian Stamp (Amendment) Act,1958 (19 of 1958), such stamp or stamps to the Collector.]
1[54B. 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 in pursuance of section 3A before its omission) and such stamps have not been spoiled, the
Collector shall, upon such person delivering up, within six-month, from the commencement of the
Refugee Relief Taxes (Abolition) Act, 1973 (13 of 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.]
When any duly 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 1[the 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
s
(1) The
powers exercisable by a Collector under Chapter IV and Chapter V 1[and under clause (a) of the first
proviso to section 26] shall in all cases be subject to the control of the Chief Controlling Revenueauthority.
(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 asses and charge the duty (if any) in conformity with such decision.
<
(1) The Chief
Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or
otherwise coming to its 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;
2[(b) if it arises in the Union territory of the Delhi, to the High Court of Delhi;]
3* *
If the High Court
1*** 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.
(1) The High Court, 1*** 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.
(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 thereon, for the decision of the High Court 1*** 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 conformably to such judgment.
(3) Reference made under sub-section (1), when made by a Co
(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 the Code of Criminal Procedure, 1898 (V of 1898), makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals 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 penalty 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 ch
1[62A. Penalty for failure to comply with provisions of section 9A.---(1) Any person who,--
(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or
(b) being required under sub-section (4) of section 9A to transfer the duty to the State
Government within fifteen days of the expiry of the time specified therein, fails to transfer within
such time,
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to
one per cent. of the collection or transfer so defaulted.
(2) Any person who,--
(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 being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped;
shall for every such offence be punishable with fine which may extend
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.
STATE AMENDMENT
Arunachal Pradesh.--
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 penalty under this Act;
shall be punishable with fine which may extend to five thousand rupees.
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
property 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.
Any person who--
(a) receives, or takes credit for, any premium or consideration for any contract of insurance and
does not, within one month after receiving, or taking credit for, such premium or consideration, make
out and execute a duly stamped policy of such insurance; or
(b) makes, executes or delivers out any policy which is not duly 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.
Any person drawing or executing a bill of exchange 1[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 duly stamped the whole number of bills or policies of which such bill or
policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
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
negotiate 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;
(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 1ten 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.
(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 1[the 2[State Government]] generally, or the Collector specially,
authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized 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.
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.
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 presidencytown in which such offence might be tried under the Code of Criminal Procedure for the time being in
force.
Every public officer having in his custody any registers,
books, records, papers, documents or proceedings, the inspection 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 authorized 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.
1[73A. Power of Central Government to make rules.--(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government
may make rules for all or any of the following matters, namely:--
(a) the manner of collection of stamp-duty on behalf of the State Government by the stock
exchange or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section
(1) of section 9A;
(b) the manner of collection of stamp-duty on behalf of the State Government by the depository
from the transferor
1[73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.--
The Central Government may,--
(a) issue directions relating to such matters and subject to such conditions, as it deems necessary;
(b) in writing, authorise the Securities and Exchange Board of India established under section 3 of
the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India
constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions,
circulars or guidelines,
for carrying out the provisions of Part AA of Chapter II and the rules made there under.]
The 1[State Government] 2*** may make
rules for regulating
(a) the supply and sale of stamps an 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 3[ten naye paise or five naya paise] adhesive
stamps.
The 1[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.
1[(1) 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.
2[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, h
1[76A. Delegation of certain powers .--2[3*** The State Government may, by notification in the
Official Gazette], delegate
(a) all or any of the powers conferred on it by sections 2(9), 33(3), ( b ), 70(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. ]
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-fee.
STATE AMENDMENT
Himachal Pradesh.--
At the beginning
1[77A. Saving as to certain stamps. ---All stamps in denominations of 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 purposes of this Act.]
STATE AMENDMENT
Every 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 1[twenty-five naye paise] per copy.
STATE AMENDMENT
ASSAM--
Substitutio
[ Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and schedule II.
(1) इस अधिनियम का संक्षिप्त नाम भारतीय स्टाम्प अधिनियम, 1899 है ।
(2) इसका विस्तार सम्पूर्ण भारत पर है:
परन्तु यह उि राज्यिेत्रों को, जो 1956 के ििम्बर के प्रथम कदि के ठीक पहिे (जम्मू-कश्मीर राज्य को अपिर्जयत करके ) भाग ख राज्यों में समाधिष् ट थे िहां तक के धसिाय िागू िहीं होगा जहां तक इस अधिनियम के उपबंि संधििाि की सप् तम अिुसूची की प्रथम सूची की प्रधिधष् ट 91 में धिधिर्दयष् ट दस्तािेजों के बारे में स्टाम्प शुल्क की दरों से संबंधित है ।
(3) यह 1899 के जुिाई के प्रथम कदि को प्रिृत्त होगा ।
इस अधिनियम में, जब तक कि विषय या संदर्भ में कोई बात विरुद्ध न हो—
इस अधिनियम के उपब्िों और अिुसूची 1 में अन्तर्ियष् ट छूटों के अिीि रहते हुए, धिम् िधिखत धिखतें ऐसी रकम के शुल्क से प्रभायय होंगी जो उस अिुसूची में क्रमशः उिके धिए उधचत शुल्क के रूप में उपदर्शयत की गई हैं, अथायत्:—
(क) उस अिुसूची में िर्र्यत हर धिखत जो ककसी व्यक्ति द्वारा पधहिे ही धिष्पाकदत िहीं की गई है बधल्क 1899 की जुिाई के प्रथम कदि को या उसके पश् चात् भारत में धिष्पाकदत की गई;
(ख) ऐसा हर धिधिमय-पत्र जो मांग से अन्यथा देय है, या िचि-पत्र जो उस कदि को या उसके पश् चात् भारत के बाहर धिखा या बिाया गया है और भारत में प्रधतगृहीत या संदत्त ककया गया है अथिा प्रधतग्रहर् या संदाय के धिए उपधस्थत ककया गया है अथिा पृष्ांककत, अंतररत या अन्य प्रकार से प्रक्राधमत ककया गया है; और
(ग) (धिधिमय-पत्र या िचि-पत्र से धभन् ि), ऐसी हर धिखत, जो उस अिुसूची में िर्र्यत है, और जो ककसी व्यक्ति द्वारा पधहिे ही धिष्पाकदत िहीं की गई है बधल्क उस कदि को या उसके पश् चात् भारत के बाहर धिष्पाकदत की गई है और ककसी ऐसी सम्पधत्त से, जो भारत में धस्थत है या ककसी को ऐसी बात या चीज से जो भारत में की गई
| धिखतों का वर्णन | उधचत स्टाम्प शुल्क |
|---|---|
| 1. अधभस्िीकृ धत, ककसी ऋर् की रकम या मूल्य में बीस रुपए से अधिक की जो ऋर्ी द्वारा या उसकी ओर से ककसी बही में (जो बैंककार की पास बुक से धभन् ि है) या ककसी पृथक् कागज के टुकडे पर, साक्ष्य धिधमत्त धिखी जाए या हस्तािररत की जाए, जबकक ऐसी बही या कागज िेिदार के कब्जे में छोड कदया गया हो | एक आिा |
| 2. प्रशासि-बन्िपत्र, धजसके अन्तगयत भारतीय उत्तराधिकार अधिनियम, 1865 (1865 का 10) की धारा 256 के , गिियमेन्ट सेविंग्स बैंक ऐट, 1873 (1873 का 5) की धारा 6 के, प्रोबेट एंि एिधमधिस्रेशि अधिनियम, 1881 (1881 का 5) की धारा 78 के , या ससेशि सर्टयकफके ट ऐट, 1889 (1889 का 7) की धारा 9 या धारा 10 के अिीि कदया गया कोई बन्िपत्र है | (क) जहां कक उसकी रकम 1,000 रुपए से अधिक िहीं है: वही शुल्क जो ऐसी रकम के बंिपत्र (सं० 15) पर िगता है। (ख) ककसी अन्य मामिे में: पांच रुपए। |
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