THE INDIAN STAMP ACT, 1899 - PLRS

1 THE INDIAN STAMP ACT, 1899 THE INDIAN STAMP ACT, 1899 Contents SN SubjectCHAPTER IPRELIMINARY1. Short title, extent and commencement2. DefinitionsCHAPTER IISTAMP DUTIES3. Instruments chargeable with Several instruments used in single transaction of sale, mortgage or settlement5. Instruments relating to several distinct Instruments coming within several descriptions in Schedule I and Schedule of Punjab STAMP Duty on copies, counter-parts or duplicates when that duty has not been paid on the principal or original instrument7. Policies of sea-insurance8. Bonds, debentures or other securities issued on loans under Act 11 of 18799. Power to reduce, remit or compound duties10. Duties how to be (1 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 189911. Use of adhesive stamps12. Cancellation of adhesive stamps13. Instruments stamped with impressed stamps how to be written14. Only one instrument to be on same stamp15.

2 Instrument written contrary to section 13 or 14 deemed unstamped16. Denoting duty17. Instruments executed in the States18. Instruments other than bills, cheques and notes executed out of the States19. Bills, cheques and notes drawn out of the States19 APayment of duty on certain instruments liable to increased duty in Punjab under clause (bb) of section 320. Conversion of amount expressed in foreign currencies21. Stock and marketable securities, how to be valued22. Effect of statement of rate of exchange or average price23. Instruments reserving interest23 ACertain instruments connected with mortgages of marketable securities to be chargeable as agreements24. How transfer in consideration of debt, or subject to future payment, etc., to be charged25. Valuation in case of annuity, STAMP where value of subject-matter is (2 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 189927. Facts affecting duty to be set forth in instrument28. Direction as to duty in case of certain conveyances29.

3 Duties by whom Obligation to give receipt in certain casesCHAPTER IIIADJUDICATION AS TO STAMPS31. Adjudication as to proper stamp32. Certificate by CollectorCHAPTER IVINSTRUMENTS NOT DULY STAMPED33. Examination and impounding of instruments34. Special provision as to unstamped receipts35. Instruments not duly stamped inadmissible in evidence, Admission of instrument where not to be Admission of improperly stamped instruments38. Instruments impounded, how dealt with39. Collector s power to refund penalty paid under section 38, sub-section (1).40. Collector s power to STAMP instruments impounded41. Instruments unduly stamped by accident42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41 (3 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 189943. Prosecution for offence against STAMP -Law44. Persons paying duty or penalty may recover same in certain cases45. Power to revenue-authority to refund penalty or excess duty in certain cases46.

4 Non-liability for loss of instruments sent under section 3847. Power of payer to STAMP bills and promissory notes received by him unstamped48. Recovery of duties and penaltiesCHAPTER VALLOWANCES FOR STAMPS IN CERTAIN CASES49. Allowance for spoiled stamps50. Application for relief under section 49 when to be made51. Allowance in case of printed forms no longer required by corporations52. Allowance for misused stamps53. Allowance for spoiled or misused stamps how to be made54. Allowance for stamps not required for use54 AAllowances for stamps in denominations of annas55. Allowance on renewal of certain debenturesCHAPTER VIREFERENCE AND REVISION56. Control of, and statement of case to, Chief Controlling Revenue- (4 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 189957. Statement of case by Chief Controlling Revenue-authority to High Court58. Power of High Court to call for further particulars as to case stated59. Procedure in disposing of case stated60.

5 Statement of case by other Courts to High Court61. Revision of certain decisions of Courts regarding the sufficiency of stampsCHAPTER VIICRIMINAL OFFENCES AND PROCEDURE62. Penalty for executing etc., instrument not duly stamped63. Penalty for failure to cancel adhesive stamp64. Penalty for omission to comply with provisions of section 2765. Penalty for refusal to give receipt, and for devices to evade duty on receipts66. Penalty for not making out policy, or making one not duly stamped67. Penalty for not drawing full number of bills or marine policies purporting to be in sets68. Penalty for post-dating bills, and for other devices to defraud the revenue69. Penalty for breach of rule relating to sale of stamps, and for unauthorized sale70. Institution and conduct of prosecutions71. Jurisdiction of Magistrates72. Place of (5 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 CHAPTER VIIISUPPLEMENTAL PROVISIONS73. Books, etc. to be open to inspection74.

6 Powers to make rules relating to sale of stamps75. Power to make rules generally to carry out Act76. Publication of rules76 ADelegation of certain powers77. Saving as to court-fees77 ASaving as to certain stamps78. Act to be translated and sold cheaply79. Repealed THE INDIAN STAMP ACT, 1899.(ACT NO. 2 OF 1899) [27th January, 1899.].1234 YearNoShort titleWhether repealed or otherwise affected by legislation18992 The INDIAN STAMP Act, 18991 Repealed in part and amended Act 5 of 1906 Repealed in part and amended, Act 4 of 1914 (6 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 Repealed in part and amended, Act 10 of 1914 Amended, Act 15 of 194 Amended, Act 6 of 1910 Amended, Act I of 1912 Amended, Act 13 of 1916 Amended, Act 18 of 1919 Amended, Act 11 of 1923 Amended, Act 43 of 1923 Amended, Act 13 of 1924 Amended, Act 15 of 1925 Amended, Act 32 of 1925 Amended, Act 38 of 1927 Amended, Act 5 of 1927 Amended, Act 10 of 1927 Amended, Act 18 of 1928 Amended, Act 8 of 1930 Amended, Act 14 of 1932 Amended, Act 35 of 1934 Amended Act 8 of 1935 Amended, Punjab Act 8 of 1929 Amended, Punjab Act I of 1924 Amended, Punjab Act I of 1933 Amended, Punjab Act I of 1935 Amended Government of India (Adaptation of INDIAN Laws Order 1937)Repealed in part by Act I of 1938 1 For Statement of Objects and Reasons, see Gazette of India, 1897, Pt.

7 V, p. 175; for Report of the Select Committee, see ibid.; 1898, Pt. V, page 231; and for Proceedings in Council, see ibid., 1899, Pt. VI, p. 231; and ibid, 1898, Pt. VI, pp. 10 and 278; and ibid., 1899, Pt. VI, p. (7 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 2 For Statement of Objects and Reasons, see Punjab Gazette, 1922, Pt. V, p. 166, for report of the Select Committee, see ibid, 1922, Pt. V, pp. 182-96,and for Proceedings in Council, see Punjab Legislative Council Debates, Volume IV, pp. 429-34, 526, 671-707, 734-35. This Act came into force on 15th January, 1923, see Punjab Gazette, Extraordinary, 1922, dated 23rd December, 1922. 3 For Statement of Objects and Reasons, see Punjab Gazette, 1923, Pt. I, p. 656, for report of the Select Committee, see ibid, 1924, Extraordinary, pp. 21-22 for Proceedings in Council, see Punjab Legislative Council Debates, Volume VI, pp. 362-72, 519. This Act came into force on 1st of March, 1925,-vide Punjab Government notification no.

8 1765-Bud., dated 21st January, 1925. 4 For Statement of Objects and Reasons, see Punjab Gazette, 1933, Extraordinary, p. 45. For Proceedings in Council, see the Punjab Legislative Council Debates, Volume XXIII, p. 757. 5 For Statement of Objects and Reasons, see Punjab Gazette, 1935, Extraordinary, page 11 and for Proceedings in Council, see the Punjab Legislative Council Debates, Volume XXVII, pages 986-88. It came into force on 6th May, 1935,-vide Punjab Government notification No. 183, dated 27th April, 1935. 1234 Year titleWhether repealed or otherwise affected by legislation1899-concldII-concldThe INDIAN STAMP Act, 1899-concldAmended in part by the INDIAN Independence Adaptation of Central Acts and Ordinances) Order, 1948 Amended in part by East Punjab Act 27 of 19491 (8 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 Amended in part by the Adaptation of Laws Order, 1950 and First ScheduleAmended in part by Parliament Act No, 43 of 19552 Amended in part by Parliament Act 76 of 19563 Adapted by Adaptation Law (No, 2) Order 1956 Affected by Punjab Act No, 5 of 19574 1 For Statement of Objects and Reasons, see East Punjab Gazette (Extraordinary), 1949, page 698 for Proceedings in the Assembly, see East Punjab Legislative Assembly Debates, 1949, Volume IV, pages 5 (43)-5(47).

9 This Act came into force on 1st April, 1950. 2 For Statement of Objects and Reasons, see Gazette of India, Extra-ordinary, Part II, section 2 of 1955, page 514. Section 8 of this Act provides that :- (1) If, immediately before the commencement of this Act, there is in force in any State any law fixing rates of STAMP -duty in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution such law, to the extent to which it is inconsistent with the principal Act as amended by this Act shall on such commencement stand repealed. (2) For the removal of doubts it is hereby declared that section 6 of the General Clause Act, 1897, shall apply upon such appeal as if such law had been an (9 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 This Act came into force on the 1st day of April, 1956,-vide No. 637, dated 17th March, 1956. 3 For Statement of Objects and Reasons, see Gazette of India, Extra-ordinary, Part II, section 2 of 1956, page Statement of Objects and Reasons, see Punjab Government Gazette, 1957, at page 339.

10 This Act was extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Laws (Extension No. 7) Act, 1957; (Punjab Act No. 5 of 1957). titleWhether repealed or otherwise affected by legislation Amended by Punjab Act No. 13 of 19581 Amended by Punjab Act No. 26 of 19592 Amended by Act 19 of 1958 Amended by Punjab Act 34 of 19603 Amended by Act 14 of 1961 Amended by Act 11 of 1963 Amended by Punjab Act 24 of 19644 Amended by Punjab Act 6 of 19655 Amended by the Punjab Re-organization and Delhi High Court Adaptation of Laws on Union Subjects) Order 1968 An Act to consolidate and amend the law relating to Stamps. WHEREAS it is expedient to consolidate and amend the law relating to STAMP . It is hereby enacted as follows: - (10 of 19)4/16/2005 4:45:07 PMTHE INDIAN STAMP ACT, 1899 CHAPTER 1. Short title, extent and commencement. This Act my be called the INDIAN STAMP Act.