The Indian Stamp Act, 1899

Act 2 of 1899

S.Chapter V ALLOWANCES FOR STAMPS IN CERTAIN CASES.

S.Chapter I PRELIMINARY

S.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.

1 Sub-section (2) was substituted for the original sub-section (2) by para. 3 and the 1st Schedule to the Adaptation of Laws Order, 1950. Thereafter, this sub-section was again substituted by this fresh sub-section by s. 3 of the Indian Stamp (Amendment) Act, 1955 (XLIII of 1955), with effect from the 1st April, 1956.

2 Substituted for the words "Part B State

S.2 Definitions

In this Act, unless there is something repugnant in the subject or context,—

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

(2) "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" includes—

(a) an order for the payment of any sum of money by a bill of 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, o

S.3

3. 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 out of 1[India] on or after that day, relates t

S.3A

3[3A. * * * * * *]

3 This section 3A was inserted by s. 2 of the Stamp and Excise Duties (Amendment) Act, 1971 (Act 44 of 1971) and thereafter the said section was omitted by s. 2(a) of the Refugee Relief Taxes (Abolition) Act, 1973 (Act 13 of 1973).

S.3AA

4[3AA. * * * * * *]

4 Firstly, this section 3AA was inserted by s. 6(2) of the President's Act, 1971 (Act 20 of 1971) and thereafter the same was also inserted by s. 6(2) of the West Bengal Taxation Laws (Amendment) Act, 1973 (West Ben. Act VIII of 1973). At present, the said section was omitted by s. 3 of the Indian Stamp (West Bengal Amendment) Act, 1987 (West Ben. Act XV of 1987).

S.4

4. (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 I1[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 rupee2[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 highe

S.5

5. 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.

S.6

6. 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 I4[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 5[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.]

4 These words were inserted by s. 6(1) of the Bengal Stamp (Amendment) Act, 1922 (Ben. Act III of 1922).

5 These words were added by s. 6(2), ibid.

S.6A

16A. (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 for the Indian Stamp (Bengal Amendment) Act, 1935] with a higher rate 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 inst

S.7

(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.

4 Sub-sections (1), (2) and (3) of s. 7 were repealed by s. 92 of the Marine Insurance Act, 1963 (11 of 1963).

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

8. (1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the 1[Local Authorities Loan Act, 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 :

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

9. 4[(1)] 5[The ** * 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 res

S.10 Duties how to be paid.

10. (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.

3 The words "Collecting Government" were substituted for the words "Governor-General in Council" by para. 3 and the 1st Schedule of the Government of India

S.11 Use of adhesive stamps.

11. 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.

5 Substituted for the words "with the duty of one anna or half an anna" by s. 2 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

1 The word "cheques" was omitted by s. 5 of the Indian Finance Act, 1927 (V of 1927).

2 See foot-note 1 on page 468, ante.

S.12 Cancellation of adhesive stamps.

12. (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.

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

13. 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.

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

14. 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.

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

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

S.16 Denoting duty.

16. 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.

1 See foot-note 2 on page 469, ante.

S.17 Instruments executed in India.

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

2 See foot-note 1 on page 468, ante.

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

18. (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 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.

1 See foot-note 2 on page 469, ante.

2 See foot-note 1 on page 468, ante.

3 The word "cheque" was omitted by s. 5 of the Indian Finance Act, 1927 (V of 1927).

S.19 Bills and notes drawn out of India.

19. 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 duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any penalty incur

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

1 19A. 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[Indi

S.20 Conversion of amount expressed in foreign currencies.

20. (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 rate of exchange on the day of the date of the instrument.

2 See foot-note 1 on page 468, ante.

(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 rate for the purposes of sub-section (1).

1 These words were substituted for the words "Governor General in Council" by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937.

2 These words were substituted for the wo

S.21 Stock and marketable securities how to be valued

21. 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.

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

22. 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.

S.23 Instruments reserving interest

23. 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.

S.23A Certain instruments connected with mortgages of marketable securities to be chargeable as agreements

423A. (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 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.

4 Section 23A was added by s.3 of the Indian Stamp (Amendment) Act, 1904 (XV of 1904).

5 These words and figure were substituted for the words and figure "Article No. 5(b)" by s.3 of the Indian Stamp (Amendment) Act, 1912 (I of 1912).

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

24. 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 part of the consideration for the sale :

Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payab

S.25 Valuation in case of annuity, etc.

25. 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 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 instrumen

S.26 Stamp where value of subject matter is indeterminate

26. 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-duty,—

(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

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

427. (1) The market value of, and the consideration (if any) for, any property and all other facts and circumstances affecting the chargeability of any instrument with duty, 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 property 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 taxes, if any, to which such property may be subject, and any other particulars which may be prescribed by rules made under this Act.

4 Section 27 was substituted for the original section by s.4 of the Indian Stamp (West Bengal Amendment) Act, 1990 (West Ben. Act XVII of 1990).

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

28. (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 p

S.Chapter II Stamp-duties

S.29

(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 property to which such certificate relates; and

(g) in the case of an instrument of partition—by the parties thereto in proportion to their respective shares in the whole property 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 exe

S.29A

Application of sections 23A, 24 and 29 to instrument chargeable with duty under Schedule IA.

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

2 Section 29A was inserted by s. 9 of the Bengal Stamp (Amendment) Act, 1922 (Ben. Act III of 1922).

3 These words were inserted by s. 5 of the Indian Stamp (Bengal Amendment) Act, 1935 (Ben. Act XII of 1935).

S.30

Obligation to give receipt in certain cases.

30. 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.

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 duly stamped receipt for the same.]

4 This paragraph was added by s. 5 of the Indian Stamp (Amendment) Act, 1906 (V of 1906).

S.Chapter III ADJUDICATION AS TO STAMPS

S.31

Adjudication as to proper stamp.

31. (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 judgement, 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 such application until such abstract and evi

S.32

Certificate by Collector.

32. (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 Collector shall certify in manner aforesaid that such instrument is not so chargeable.

S.33

Examination and impounding of instruments.

(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly 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 duly 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 its 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*;

S.34

Special provision as to unstamped receipts.

34. 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 therefor.

1 Substituted for the words "with a duty of one anna" by s. 5 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.35

Instruments not duly stamped inadmissible in evidence, etc.

35. 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 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 the same is chargeable, or in the case of an 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;

(b) Where any person f

S.Chapter IV Instruments not duly stamped.

S.36 Admission of instrument where not to 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 of the same suit or proceeding on the ground that the instrument has not been duly stamped.

S.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 duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

1 See foot-note 2 on page 469, ante.

S.38 Instruments impounded, how dealt with.

(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.

S.39 Collector's power to refund penalty 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.

2 The words "upon application made to him in this behalf or, if no application is made, with the consent of the Chief Controlling Revenue-authority" were omitted by s. 2 and Schedule, Part I, of the Decentralization Act, 1914 (IV of 1914).

S.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 duly stamped or is not chargeable with duty, he shall certify by endorsement thereon that it is duly 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 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 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

S.41 Instruments unduly stamped by accident.

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 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.

1 Substituted for the words "with a duty of one anna or half an anna" by s. 6 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.42 Endorsement of instruments on which duty has been paid under section 35, 40 or 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 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—

(a) no instrument which has been admitted in evidence upon payment of duty, and a penalty under section 35, shall be so delivered before the expiration of one mon

S.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 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.

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

(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 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

S.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 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.

S.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.

S.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 proceeding to which he may be liable in relation to such bill, 3[or note].

1 These words were substituted for the words "promissory note or cheque" by s. 5 of the Indian Finance Act, 1927 (V of 1927).

2 These words were substituted for the words "with the duty of one anna

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

447A. (1) Where the registering officer appointed under the Registration Act, 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 for 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,

S.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.

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

148A. 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, 3[or the Indian Stamp (Bengal Amendment) Act, 1935], has been paid on such instrument.

1 Section 48A was inserted by s. 11 of the Bengal Stamp (Amendment) Act, 1922 (Ben. Act III of 1922).

2 See foot-note 5 on page 173, ante.

3 These words were inserted by s. 5 of the Indian Stamp (Bengal Amendment) Act, 1935 (Ben. Act XII of 1935).

S.49 Allowance for spoiled stamps.

49. 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

4 The words "the Collecting Government" were substituted for the words "the Local Government" by para. 3 and the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the words "State Government" were substituted for the words "Collecting Government" by para. 3 and the 1st Schedule of the Adaptation of Laws Order, 1950.

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

S.50

50. 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 be

S.51

51. The Chief Controlling Revenue-authority ²[for 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 duly paid.

²These words were inserted by s. 3 and Schedule, Part I of the Decentralization Act, 1914 (IV of 1914).

³These words were inserted by s. 6 of the Indian Stamp (Amendment) Act, 1906 (V of 1906).

⁴This word was inserted by s. 6 ibid.

S.52

52. (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 duty, cancel and allow as spoiled the stamp so misused or rendered useless.

S.53

53. 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

¹Substituted for the words “one anna” by s. 8 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.54

54. 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 proceeding 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.

¹Substituted for the words “one anna” by s

S.54A

²54A. 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.

²Section 54A was inserted by s. 9, ibid.

S.54B

³54B. Notwithstanding anything contained in section 54, when any person is possessed of stamps bearing the inscription “Refugee Relief” (being stamps issued pursuant to 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.

³This section alongwith its marginal note was inserted by s. 2 (b) of the Refugee Relief Taxes (Abolition) Act, 1973 (Act 13 of 1973).

S.55

55. 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 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;

(d) the alt

S.56

56. (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.

²These words and figure were inserted by s. 7 of the Indian Stamp (Amendment) Act, 1904 (XV of 1904).

S.Chapter VI REFERENCE AND REVISION

S.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 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;
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 prev

S.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.

S.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.

S.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 thereon, 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

S.61 Revision of 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 the Code of Criminal Procedure, 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 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 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 chargeable, and may require any person in whose possession or power such instrument then is, to produc

S.Chapter VII CRIMINAL OFFENCES AND PROCEDURE

S.62 Penalty for executing, etc., instrument not duly 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 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 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

S.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.

S.64 Penalty for omission to comply with provisions of 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 penalty under this Act;

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

S.64A 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 duty.

(2) The amount recoverable under sub-section (1) shall be recovered by the Magistrate, as if it were a

S.65 Penalty 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 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.

S.66 Penalty for not making out policy, or making one not duly 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 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.

S.67 Penalty 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 duly 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.

2. These words were inserted by s. 5 of the Indian Finance Act, 1927 (V of 1927).

S.68 Penalty 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.

S.69 Penalty for breach of rule relating to sale of stamps 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.

1. Substituted for the words "one-anna or half an anna" by s. 10 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.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.

2. The words "the Collecting Government" were substituted for the words "the Local Government" by para. 3 and the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the words "State Government" were substituted for the words "Collecting Government" by para. 3 and the 1st Schedule to the Adaptation of Laws Order, 1950.

S.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.

S.72 Place of 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.

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

Every public officer having in his custody any registers, books, records, papers, documents or proceeding, 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 authorised in writing by the Collector to

S.Chapter VIII Supplemental Provisions

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

73A. 1(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 an

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

74. 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.

2. See foot-note 2 on page 469, ante.

3. The words "subject to the control of the Governor-General in Council" were omitted by para. 3 and the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937.

4. Substituted for the words "one anna or half an anna" by s. 10 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

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

75. 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.

1. See foot-note 2 on page 469, ante.

S.76 Publication of rules.

76. 2(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. Sub-section (1) was substituted for the original sub-section by para. 3 and the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937.

S.76A Delegation of certain powers.

76A. 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.

3. Section 76A was inserted by s. 2 and Schedule, Part I, of the Decentralization Act, 1914 (IV of 1914).

S.77 Saving as to court-fees.

77. 5[Except 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.

5. These words, figure and letter were inserted by s. 12 of the Bengal Stamp (Amendment) Act, 1922 (Ben. Act III of 1922).

S.77A Saving as to certain stamps.

77A. 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 purpose of this Act.

6. Section 77A was inserted by s. 11 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.78 Act to be translated and sold cheaply.

78. 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.

7. The words "Provincial Government" were first substituted for the words "Local Government" by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter the word "State" was substituted for the word "Provincial" by paragraph 4(1) of the Adaptation of Laws Order, 1950.

8. Substituted for the words "four annas" by s. 12 of the Indian Stamp (Amendment) Act, 1958 (XIX of 1958).

S.79

79. [Repealed].—Rep. by s. 3 and Schedule II of the Repealing and Amending Act, 1914 (X of 1914).

S.SCHEDULE I—contd. (Schedule I.—Stamp-duty on Instruments.)

(Schedule I.—Stamp-duty on Instruments.)

Description of Instruments.	Proper Stamp-duty.
Duplicate—See Counterpart (No. 25).
30. Entry as an Advocate, Vakil or Attorney on the roll of any High Court 1 under the Indian Bar Councils Act, 1926, or by the 2 Legal Practitioners Act, 1884—
(a) in the case of an Advocate or Vakil ...	Five hundred rupees.
(b) in the case of an attorney ...	Two hundred and fifty rupees.
Exemption. Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in High Court. * * * * * 3
Exchange of Property—Instruments of	The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.

S.Schedule IA SCHEDULE IA.—contd. Stamp-duty on certain Instruments under the Bengal Stamp (Amendment) Act, 1922 or the Indian Stamp (Bengal Amendment) Act, 1935.

Description of Instruments.

Proper Stamp-duty.

35. Lease—contd.

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered :

Provided that, in any case when an agreement to lease is stamped with the ad valorem Stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed 1[Rupee one and fifty naye paise.]

Exemptions.

(a) Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink), with

S.SCHEDULE IA SCHEDULE IA.---contd. Stamp-duty on certain Instruments under the Bengal Stamp (Amendment) Act, 1922 or the Indian Stamp (Bengal Amendment) Act, 1935.

Description of Instruments.	Proper Stamp-duty.
59. Share Warrants to bearer issued under the 1[Companies Act, 1956.]	One and a half times the duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. 1[1 of 1956.]
Exemptions. Share warrant when issued by a company in pursuance of the 2[Companies Act, 1956], 3[section 114], to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue of— (a) One and a half per centum of the whole subscribed capital of the company; or (b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital—one and a half per centum of the additional capital so issued.
460. Shipping Order for or relating to the conveyance of goods o

S.Schedule II Schedule II.---[Enactments repealed.]---Rep. by s. 3 and Schedule II of the Repealing and Amending Act, 1914 (X of 1914).