The Indian Stamp Act, 1899

Section 1. fae aay (starr) Pare 8.2.1988 ¥ werfira

In force · As amended up to 2026-08

Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: || — Repealed by Act 10 of 1914, 1. Subs, by S.O. 1/M-169/2012 1026 dated 15.2.2019 Schedule || — Repealed by Act 10 of 1914, 1. Subs, by S.O. 1/M-169/2012 1026 dated 15.2.2019 Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1(1): |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(3): Ins. by Bihar (Arndt,) Act, 1991 (3) by reason of the death ofa it j be executed, without having executed the some, nom itis necessary that it should cuted the same, or of the refusal of any such person to execute the same, cannot be compl i in the form proposed: pleted so as to effect the intended transaction (9) Collector.— "Collector"- (a) means within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and without those limits, the Collector of a district, and (b) Includes a Deputy Commissioner and any officer whom the State Government may, by notification in the official Gazette, appoint in this behalf. (26) Stamp.—"Stamp" means any mark, seal or endorsement by any agency or person duly authorised by the State Government, and includes an adhesive or impressed stamp, for the purpose of duty chargeable under this Act. Comments and Case-law [If the purpose of a particular provision is easily discernible from the whole scheme of the Act; the intention should be found out from the language used by the Legislature and if strict literal construction leads to an absurd result and if another construction Is possible then that construction should be preferred to the strict literal construction. C./.T. v. J.-H. Golta, (1985) 4 SCC 343. Where the document is not of the nature of an instrument of partition by which partition is sought to be effected, the same cannot be chargeable to stamp duty. Order impounding document which was not required to be stamped is erroneous. Mosst. Mango Devi v. Muneswar Prasad, 1983 PLJR 468: 1983 BBCJ 604. See also Bhudeb Chatterjee v. A. Chatterjee. AIR 1928 Cal. 705. | When there is no stipulation postponing the payment, the expression, "payable on demand' in the document means that the money becomes due forthwith at once onthe execution of the document. In sucha case the use of expression "payable on demand" cannot be taken to be a condition, but when the payment cannct be enforced within a stipulated period and itis stated that the debt becomes payabie after that period on demand, such a document is-not a promissory note within the meaning of section 2 (2). Mosst. Radha Devi v. Dhanik Lal Isser, 1970 PLJR 673: 1970 BLJR (16) Lease.—"Lease" means a lease of immovable property, and includes also- . (a) a patta; (b) a quabuliyator other undertaking in writing, not being a counter part of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property; (c) any instrument by which tolls of any description are let; (d) any writing on an application for lease intended to signify that the application is granted; (16-A) Marketable security.— "Marketable security" means a security of such a description as to be capable of being sold in any stock market in India or in the United Kingdom; Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1(2): |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. (12) Executed and execution.— "Executed" and execution", used with reference to instruments, mean "signed" and "signature", 1. Ins. by Bihar Act. 6 of 1937, 2. Subs. by Bihar Finance Act 11 of 2002. sec. 2 ] Indian Stamp Act, 1899 [ 75 (12-A) [Omitted by the A.O. 1950] (24) Settlement.— "Settlement" moz iti - . ins any non-tes é writing, of movable or immovable property made neteatementanyisispse= ade upon any ship or vessel (whether for -orupon the machinery, tackle or furniture any goods, merchandise or property dof any ship or vessel, or upon h may be lawfully insured in, Sec. 2 | Indian Stamp Act, 1899 [ 77 (a) in consideration of marriage, (b) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him: or (c) for any religious or charitable purpose; and includes an agreement in writing to make such a dispositior, and where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition; (23) Receipt.—"Receipt" includes any note, memorandum or writing— (a) Whereby any money, or any bill of exchange, cheque, or promissory note is acknowledged to have been received, or (b) Whereby any other movable property is acknowledged to have been received in Satisfaction of a debt, or (c) whereby any debt or demand or an | é any part of a debt or demand, !S acknowledged to have been satisfied or discharged, or (d) which signifies or imports any such acknowledgment, and whether ne sare Is not signed with the name of any person; Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(4): Ins. by Bihar (Arndt,) Act, 1991 (4) for want of the execution thereof some material part d his inabili : age , bility or refusal to sign the same, is in fact incom lari ton the pure which it was intended: plete and insufficient for the purpose for (10) Conveyance.—"Conveyance" includes a conveyance on sale and every instrument by which property, where movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule |,' '[or by Schedule I-A, as the case may be]; *("(11) Duly Stamped.—"Duly Stamped" as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper amount, and such stamp has been affixed or used in accordance with law for the time being in force in India or proper stamp duly has been paid through any other mode prescribed by the State Government". Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(6): Ins. by Bihar (Arndt,) Act, 1991 (6) becomes useless in cons effected, being effected by some bearing a stamp of not less value: (13) Impressed stamp.—"Impressed stamp" includes- (a) labels affixed and impressed by the proper officer, and (b) stamps embossed or engraved on stamped paper: (13-A) India—"India" means the territory of India excluding the State of Jammu and Kashmir, Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(8): Ins. by Bihar (Arndt,) Act, 1991 (8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped; Previded that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence & that the instrument is given up to be cancelled. Explanation.—The certificate of the Collector under section 32 that the full duty with which an insirument is chargeable has been paid is an impressed stamp within the meaning of this section. (18) Paper.—"Paper" includes vellum, parchment or any other material in which an instrument may be written; (19) Policy of insurance.—"Policy of insurance" includes- (a) any instrument by which one person, in consideration of a premium engages to indemnity another against loss, damage or liability arising from an unknown or contingent event; (b) a life-policy, and any policy insuring any person against accident or sickness, and any other Personal insurance; (19-A) Policy of group insurance.—"Policy of group insurance" means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or wilh reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engaged to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them determined by conditions pertaining to the sae iment, for amounts of insurance based upon a plan which precludes individual election: [ Sec. 2 76] (22) Promissory note.—'Promissory note" means a promissory note as defined by the Negotiable Instrument Act, 1881 (26 of 1881); tt also includes a note promising the payment of any sum of money oul 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; Comments and Case-law. [This section shows that for the purposes of the Stamp Act at least a note promising payment upon any condition or contingency certain or not will amount to promissory note an unconditional undertaking under section 4 of the Negotiable instruments Act cannot be treated as a Promissory note. Kochuthressi v. Devdas AIR 1988 Ker 282.] % - (14) Instrument.—"Instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; (15)Instrument of partition.—"Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severality, and includes also a final order for effecting a partition passed by Revenue authority or any Civil Court and an award by an arbitrator directing a partition; Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(5): Ins. by Bihar (Arndt,) Act, 1991 (5) by reason of the refusal of any money intended to be thereby any office thereby granted, totally f (21) Power-of-attorney.—"Power-of-attorney" includes any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it; (20) Policy of sea-insurance or sea-policy—"Policy of sea-insurance" or "sea-policy"— (a) Means any insurance Mm marine or inland navigation) of any ship or vessel, or upon of any description whatever on board the freight of or any other interest whic or relating to, any ship or vessel; and andise or proper' for any (b) Includes any insurance of goods, merch eC transit which includes, not only a sea risk within the meaning of clause (a) but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance, Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages te indemnity the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea- insurance; (17) Mortgage-deed.—"Mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement one person transfers, or creates to, or in favour of another, a right over or in respect of specified property; (25) Soldier.—"Soldier" includes any person below the rank of non- commissioned officer who is enrolled under the Indian Army Act, 1911 (8 of 1911)' Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(7): Ins. by Bihar (Arndt,) Act, 1991 (7) is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value; Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Adjudication as to propor stamp. — (1 ) When any instrument, whether 31. Adjudication as to propor stamp. — (1 ) When any instrument, whether executed or not and wheather previously stamped or not, is brought to the Collector, 1. Now Rs. 5000/- vido Finance Act No. 2 of 2004 94] Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. CHAPTER II STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Section BA ins. by Act 22 of 1996, Suc 1. Section BA ins. by Act 22 of 1996, Suc. 10 of 2000, sec. 118. (iii) beneficial own 30 and Sch. (w.e.t, 20.9.1995) and subs. by Act 82] { Secs. 8B.9 ion, the expressions "beneficia, —For the purposes of this section, : mg ceili Sraveeree! Shall have the meanings respectively assigned is them in clauses (a), (e) and (f) of sub-section (1) of section 2 of the EPOSitories Act, 1996 (22 of 1996). Explanation 2.— For the purposes of this section, the expression—'securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).] (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 Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by B. (Amdt.) Act, 1988 1. Ins. by B. (Amdt.) Act, 1988. Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by Bihar (Amdt.) Act, 15 of 198B, 1. Ins. by Bihar (Amdt.) Act, 15 of 198B, a: See footnote at page 92. Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1: Ins. by Bihar (Arndt,) Act, 1991 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; Secs. 50-52 ] Indian Stamp Act, 1899 [ 105 Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. Schedule | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: | ] Indian Stamp Act, 1899 [119 Description of Instrument Proper Stamp-duly ——— . rules for Postal Life-Insurance issued under the authority of the Central Government. ] E.-Re-Insurance by an Insurance Company which has granted a policy '[of the nature specified in Division A or Division C of this Article] with another company by way of indemnity or guarantee against the payment on the original insurance ofa certain part of the sum insured thereby. General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. '| 49, Promissory Note, as defined by Sec. 2 (22)| (a) when payable on demand- (i) when the amount or value does nol exceed Rs. 250: (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1 ,000; (iii) in any other case, (b) when payable otherwise than on demand. renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp duty has been paid, the proper stamp must be borne on the excess sum so insured, One quarter of the duty payable in respect of the original insurance, but not less than] '[Five paise] or more than '[ Fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five naye paise. 'T Five paise] '[ Ten paise] '{ Fifteen paise] The same duty as a Bill of Exchange (No. 13) for the same amount —_. 1. Subs. by $.0. 130 (E) dated 28.1.2004 (W.e.f. 1.3.2004) Schedule | ] Indian Stamp Act, 1899 [119 Description of Instrument Proper Stamp-duly ——— . rules for Postal Life-Insurance issued under the authority of the Central Government. ] E.-Re-Insurance by an Insurance Company which has granted a policy '[of the nature specified in Division A or Division C of this Article] with another company by way of indemnity or guarantee against the payment on the original insurance ofa certain part of the sum insured thereby. General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. '| 49, Promissory Note, as defined by Sec. 2 (22)| (a) when payable on demand- (i) when the amount or value does nol exceed Rs. 250: (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1 ,000; (iii) in any other case, (b) when payable otherwise than on demand. renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp duty has been paid, the proper stamp must be borne on the excess sum so insured, One quarter of the duty payable in respect of the original insurance, but not less than] '[Five paise] or more than '[ Fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five naye paise. 'T Five paise] '[ Ten paise] '{ Fifteen paise] The same duty as a Bill of Exchange (No. 13) for the same amount —_. 1. Subs. by $.0. 130 (E) dated 28.1.2004 (W.e.f. 1.3.2004) Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "Pawn or pledge" subs. by S.O 1. Words "Pawn or pledge" subs. by S.O. 1(E)-480/2002-2965 dt. 18.12.2003. Schedule 1A ] Indian Stamp Act, 1899 [ 125 | exceed Rs. 600/- (iii) whenit 3.00 2.00 1.00 exceeds Rs. 600/-but does not exceed Rs. 1000/- (iv)\Whenit 4.00 2.00 2.00 exceed Rs. 1000/- but does not exceed Rs. 1200/- (v)Whenit 5.00 3.00 2.00 exceeds Rs. 1200/- but does not exceed Rs. 1600/- (vi)Whenit 8.00 4.00 3.00 exceeds Rs. 1600/- but does not exceed Rs. 2500/- (viil)Whenit 15.00 8.00 5.00 exceeds Rs. 2500/- but does not exceed Rs. 5000/- (viii) When it 21.00 11.00 8.00 exceeds. 5000/- but does not exceed Rs. 7500/- (ix)Whenit 29.00 15.00 10.00 exceeds Rs. 7500/- but does not exceed Rs. 10,000/- (x)When it 43.00/ 22.00 15.00 exceeds Rs. 126] ° Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Adjudication as to propor stamp. — (1 ) When any instrument, whether [ Sec. 30 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 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 ir:strument 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 evidence have been furnished accordingly: Provided that — (a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instiument to which it relates is chargeable; and (b) every pe:son by whom any such evidence is furnished, shall, on payment of the full duty with winich the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. Comments & Case-law [Avoidance of tax is no offence. Evasion of tax is offence. Every man is entitled to arrange his affairs in such a manner as to reduce his tax liability to minimum. Question is of legality. Question of morality does not arise. Urmila Devi vs. State, 2007(3) PLUR 734.] Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: 1 or Schedule 1-A, as the case may be] (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 instrument employed. 5. Instruments relating to several distinct matters— Any instrument comprising or relaling to several distinct matters shall be chargeable with the aggregate amount of the duties wilh which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act. Comments & Case-law impounding of Bond.— The fact that the Executant" had not produced in the 1. Ins. by Bihar Act 21 of 1977 (from 1.12.1977). 2. Ins. by Bihar Act 6 of 1937 (From 1.1.1998) 3. Subs. by ibid. Schedule 1 or Schedule 1-A, as the case may be] (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 instrument employed. 5. Instruments relating to several distinct matters— Any instrument comprising or relaling to several distinct matters shall be chargeable with the aggregate amount of the duties wilh which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act. Comments & Case-law impounding of Bond.— The fact that the Executant" had not produced in the 1. Ins. by Bihar Act 21 of 1977 (from 1.12.1977). Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1(1): | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and Chapter V: ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps.—Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on applicati i ication made within the period prescribed in section 50, and if he is satisfied as to the facts, make { allowance for impressed stamps Spoiled in the cases hereinafter mentioned, namely:— (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writring or any other means render ed unfit or the purpose intended before any instrument written thereon is execute d 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 payable otherwise than on demand or promissory notes — _ (2) the stamp on any promissory note signed by or on behalf of the maker poe has not been made use of in any manner whatever or delivered out of his hands; . (3) the stamp used cr intended to be used for any such bill of exchange or promissory notes signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : ceptance or accepted or endorsed, or, being & promissory note, may have been delivered to the Provided that anether completed and duly stamped bill of exchange or promissory ricte is produced identical in every particular, except in the @ Is In ev correction of such omission Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found to be absolute 1. Ins. by Bihar (Arndt,) Act, 1991. payee: any party thereto which— ly void in law from the beginning; | Section 1(2): Ins. by Bihar (Arndt,) Act, 1991 (2) has been afterwarus fou i for the pupose originally intended unfit, by reason of any error or mistake therein, Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by B. (Amdt.) Act, 1988 ig IPun Insp] 22 Kb $6°9°CL sbte) "969 —on IePReple hlrieb) Bek} & bh fe BER BE (Phe BY LIP) -/ o00'00% ¢ (Rho BHO LIP) - 7 000'00 ¢ (tha Pu >) = 000'00'z (Rh& MOA BLIP) ~~ O00' op (eh& 282 Reh) — 7 DO0'sz (Rb& ble KP) ~ 7 000'00% ¢ (Rha bus Eb) — 7 000'00% € (Rh& 2IS2 Ribh) — 7 000'sz (phe Bue LIP) — / O00' 00! ¢ (Rha BY KID) — 7 000' o0' ¢ (bh2 202 bIbIR) —/ 900' op (ph 2IN2 Bibh) —/ 000'05 (pha bE sd) ~ 7 000'00't (ph2 PIE bp) — 7 000'00' ¢ (pha bab Ir) — 7 000'00'2 (pha ina Hib Pub bd) — 7 000'0S'I (bho 22 bibh) — 0000S : Phjliqjh DIB sible le Ele Intipltt 'ela tft Ue "vl Dang / bolg|PeY / PIPE J0Yf /ItPE API / Ieee Ae Jolielte "el Bath pOlb bd Inplsnk, "el Fhe Blrlklb 'LU elrbp bA be "Ol bih hee *6 (Bke) Ribb] beIhned 'py bbhlh Sh, "€ bbln ISB / beth Mele °% beth 2B 1 bbth Ban +g bbb babies °Z bbb fle °9 IbDIBe Ibfrtbi> pa (PRJIRE [rok Bitebb / Yeblipe toh/ bbe Bt Lbbllb it °¢ lEbb hit hele ba 2BI2 dblh/22b6/ IndbIEDP bl "y 1nt22b Jeffs /Bibb| bik Mobs pibbl bik, -€ _ __ LIBR) Bub e} / loltel} hip/ 2Bbth/ Iniib/ 5ipp) Bp (gly. kebhi Bibb| betelp| Pyb-e sb [bigoie Bue) ibhlte Bldeb} lolielte Buje L " £ —__. z l Ir} 22 kp oh wish ob BIS) lel Iebubralio [ub 151 Inde debplth / bith oR os —'2 IBLE thep| Biblb> Marin ub dd sbishe spb lle Ub dajl BYE biel PEE fe ke PYWIbrd| brpbR B sbolt disk be Bjted) [yp bbe spb tb 'bjbk/lefle fe bed sb bbe tkegke lnzte nly 8 (elie tafelplb| Die sb sbb Rivbb| lejie/ Ub Inlllit bie / be 22 biple/ kop Bibb Relub) Ie Efe Wbebielhih WE Hab| 'hho DB prb Ieleh ke iebb|e Baw biRIe eb (4p) "abe sb (1) pirahe kb 6 DB tp (66el 'Z oR IehL|BIe) 668l kee RIE brl22 b[poite ~86ZSL woe) yizt —26/10Z— © OMI /1—- OU OBA —Lhedbe Inpbraye] V6 'dag ] jenueyy dweis seu! [rs Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by Bihar (Amdt.) Act, 15 of 198B, Secs. 30-31 | Indian Stamp Act, 1899 [ 93 No. 56 (Respondentia Bond), No. 57 (Security Bond or Mortgage-deed), No. 58 (Settlement), No.62(a) (Transfer of shares in an incorporated company or other body corporate), No.62(b) (Transfer of debentures, being marketable securities whether the debenture is liable to duty or not, except debenture provided for by section 8), No.62(c) (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance) — by the person drawing, making or executing such instrument; (b) in the case of a policy of insurance other than fire-insurance-by the person effecting the insurance; (bb) in the case of a policy of fire-insurance — by the person issuing the policy. (c) in the case of a conveyance (including a reconveyance 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, Comments & Case-law [The contention that the stamp of the sale deed have been purchased on the different date, they bear different numbers, they have not been used within six months of their purchase and as such the sale deed is not duly stamped. Therefore the sale deed be impounded and requisite stamped duly and penalty be imposed cannot be entertained. Bhanwar Lal vs. Tejmal AIR 1990 Raj 1.] Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: | ] Indian Stamp Act, 1899 [119 Description of Instrument Proper Stamp-duly ——— . rules for Postal Life-Insurance issued under the authority of the Central Government. ] E.-Re-Insurance by an Insurance Company which has granted a policy '[of the nature specified in Division A or Division C of this Article] with another company by way of indemnity or guarantee against the payment on the original insurance ofa certain part of the sum insured thereby. General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. '| 49, Promissory Note, as defined by Sec. 2 (22)| (a) when payable on demand- (i) when the amount or value does nol exceed Rs. 250: (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1 ,000; (iii) in any other case, (b) when payable otherwise than on demand. renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp duty has been paid, the proper stamp must be borne on the excess sum so insured, One quarter of the duty payable in respect of the original insurance, but not less than] '[Five paise] or more than '[ Fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five naye paise. 'T Five paise] '[ Ten paise] '{ Fifteen paise] The same duty as a Bill of Exchange (No. 13) for the same amount —_. 1. Subs. by $.0. 130 (E) dated 28.1.2004 (W.e.f. 1.3.2004) 120] [ Schedule | Description of Instrument ———., Proper Stamp-duty es, * * * * Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "Pawn or pledge" subs. by S.O [ Schedule 1A (b) If such loan or debt is re-payable within three months from state of such instrument. Explanation: For the purpose of clause (a) of this article, notwithstanding anything contained in any judgment, decree or order of any court or order of any authority, _ any letter, nole, memorandum or writing relating to the deposit of title deeds, whether written or made either before or at any timé when or after the deposil of the title deed is effected, of any, whether it is in respect of the security for the first loan or any additional loan or loans taken subsequently, such letter, 10,000/- but does not exceed Rs. 15,000/- (xi)Whenit 57.00 29.00 19.00 exceeds Rs. 15,000/- but does not exceed Rs. 20,000/- (xii)Whenit 71.00 36.00 24.00 exceeds Rs. 20,000/- but does not exceed Rs. 25,000/- (xiii) When it 85.00 43.00 29.00 exceeds Rs. 25,000/- but does not exceed Rs. 30,000/-and (xiv) forevery 29.00 15.00 10.00 additional Rs. 10,000/- or part thereof, in excess of Rs. 30,000/- Half the duty payable on a loan or debt under clause (a), for the amount secured. Schedule 1A ] Indian Stamp Act, 1899 [ 127 ——————— Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by B. (Amdt.) Act, 1988 Secs. 9A-10 Indian Stamp Act, 1899 [85 fae aran, freaeq faam, arfirgqear azen- _ - -_ s000-tartamn afar at erm 7g & en yea ufseai Ce ae fen St fart al HRT AEM Wo Ho 900 fer 18.12.90 F ae warfare afer 1 frefafaa aver Fd eI Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Tao aa 1. Tao aa A teal Rar a aa saa ager aa aa aa ae ue & fea F mim aa a 5 feafta ae aria y-as & facta & fre a 50 %o HA 2, WAST F 3-1 att S feu fang faaa ux 2 ufaga aed Aa dal S yet 4H fHal afar gm am wits eq aa cra FU ah H am facta w qaqa to Wa Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1(2): | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "Pawn or pledge" subs. by S.O ——— note, memorandum or writing shall in the absence of any separate agreement or memorandum of agreement relating to deposit to such litle deeds, be deemed to be. an instrument, evidencing an agreement relating to the deposit of title deeds. Exemptions: (i) Letter of hypothecation accompanying will or exchange. (ii) Instrument of Pawn or pledge or goods if unattested. Appointment for the purpose of execution of any power (a) Whether of trustees or (b) Whether of property movable or immovable, where made by any writing not being a will. Appraisement or valuation:- Otherwise than under an order of the court in the course of a suit (a) When the amount does not exceed Rs. 1000/- (b) In any other case Exemption: (a) Appraisement or valuation made, for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to landlord as rent. Apprenticeship deed, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment. Exemption: Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 (XIX of 1850) or by which a person Is apprenticed (a) Rs. 250/-(Two hundred fifty) (b) Rs. 500/-(Five hundred) (a) The same duty as Bond (No. 15) for such amount. (b) Res. 200/- (Two hundred) Rs. 100/-(One hundred) 128 ] Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "Pawn or pledge" subs. by S.O [ Schedule 14 10. 12. 15. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1(2): | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. 118] Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: mae 1. mae aa AH onddl va & ae der aa ae ae ala are ome ah fea 4 aim da at ue feats ae arriia q-ds & fara & Far K yo ober Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1(2): | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. [ Schedule | Description of Instrument Proper Stamp-duly intermediate or the third class in any railway. (b) in any other case- for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000 and also where such amount exceed Rs. 1,000, for every Rs. 1,000 or part thereof. 2(CC. Insurance by way of indemnity against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923, (8 of 1923), for every Rs. 100 or part thereof payable as premium] 4% D. Life Insurance or Group Insurance or other insurance not speCifically provided for-except such Re-insurance as is described in Division E of this Article- | (i) for every sum insured not exceeding Rs. Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Ins. by Bihar Act 6 of 1937 (trom 1.1.1938 1. Ins. by Bihar Act 6 of 1937 (trom 1.1.1938 —_— TBSB) and ¢ Ag rahe Adaptatidn of Law Order, 1957, ane amended by A.L.O. 1951 and Bihal Secs. 21-24 ] Indian Stamp Act, 1899 [ 89 (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 India for the purpose of calculating stamp duty, and such rate shall be deemed to be the current rate for the purposes of sub- section (1). Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1(2): | ] Indian Stamp Act, 1899 [ 117 Description of Instrument Proper Stamp-duty A Sea Insurance (See Sec. 7-(1) for or upon if drawn If drawn in any voyage- singly duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight percentum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 7(B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects,crops and other property against loss or damage. (1) in respect of an original policy- (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C. Accident and Sickness Insurance (a) against railway accident, valid for a single Journey only. Exemption When issued to a passenger travelling by the -—. '[ Five paise] '[Five paise] '[ Five paise] '[Five paise] '[ Ten paise] '[ Five paise] Ten paise] '[Five paise] '[Twenty five paise] [Fifty paise] One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. [ Five paise]' 1. Subs. by S.O. 130(E) dated 28. 1.2004 (w.a.f. 1.3.2004) 2. Subs. for the original divisions A and B by Act V of 1936. (ii) for every sum insured exceeding Rs. 250 put not exceeding Rs. 500. (iii) for every sum insured exceeding Rs, 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. Exemplion Policies of Life-insurance granted by the Director General of Post Offices in accordance with '| Ten paise: ?( Provided that in case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,200. the duty on such instrument shall be '[Five paise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it] '{ Five paise] lf drawn, If drawn in singly duplicate foreach part. ''[Ten paise] '(Five paise] [Ten paise}] _'[Five paise] {Twenty paise] '[Ten paise] N.B.- If a policy of group insuance {Ss 1, Subs. by S.O. 130 (E) dated 28.1.2004 (w.o.f. 1.3.2004) 2. Ins, by Act XV of 1925. 3. Subs. for original Division D by Act XVII of 1928, Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: In applying sections 23A, 24 or 29 to any instrument chargeable with a higher rate of 1. In applying sections 23A, 24 or 29 to any instrument chargeable with a higher rate of duty under the Bihar Stamp (Amendment) Act, 1937 the references in those sections lo lhe several articles in Schedule | (VI of 1937) shall bo deemed to be referencas te the corresponding article in Schedule 1A. (Vide Bihar Act 6 of 1937) (from 1.1.1938) Chapter II: STAMP-DUTIES A, Of the Liability of Instruments to Duly 3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule |, 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: previously executed by any person, IS execute first day of July, 1899; (b) every bill of exchange pay note drawn or made out 0 paid, or presented for acceptan or otherwise negotiated, in India; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which not having been previously executed by any person, is executed oul of India on or after that day, relates to any property situate, or to matter or thing done or to be done, in India and is received in India; "Provided that, except as otherwise expressly provided, in this Act, and notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule |, the amount indicated in Schedule IA shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefore respectively:— (aa) every instruments, mentioned in Schedule IA as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed in Bihar on or after the first day of January, 1938; and (bb) every instrument, mentioned in Schedule IA as chargeable with duly under that Schedule, which, not having been previously executed by any person, is executed out of Bihar on or after the first day of January, 1938 and relates to any property situated, or to any master or thing done or to be done, in Bihar and is received in Bihar:] Provided '[also] that no duty-shall be chargeable in respect of— (1) any instrument executed by, or on behalf of or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part interest, share or properly of or in any ship or vessel registered under the Merchant Shipping Act, 1897 (5) and 58Vicl, c (60) or under Act 19 of 1838 or the Indian Registration of Ships Act, 1841 (10 of 1841), as amended by subsequent Acts. 2{ "Provided further also that any entry in Schedule IA for the State of Bihar ————— at Schedule which, not having been din India on or after the able otherwise, than on demand or promissory f India on or after that day and accepted or ce or payment, or endorsed, transferred 7. Ins. by Bihar Act 6 of 1937. 2. Ins. by Bihar Finance Act 11 of 2002. | Section 1: Deleted by Bihar (Amdt.) Act 1. Deleted by Bihar (Amdt.) Act 15 of 1988. Secs. 27-28 ] Indian Stamp Act, 1899 [ 91 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-duly, — (a) when the lease has been granted by or on behalf of the Government at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to the Government under the lease, or, (b) when the lease has been granted by any other person, at twenty thousand rupees a year, and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease; : Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. Chapter IV: INSTRUMENTS NOT DULY STAMPED 33. Examination and impounding of instruments.—(1) Every person having, by law or consent of parties, authority to receive evidence, and every person in charge of public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duly is produced or comes in the performance of his functions, shall if it appears to him that such instrument is not 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 itis stamped with a stamp of the value and descriptidn required by the law in force in India, when such instruments was executed or first executed: Provided that — (a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898); (b) in the case of a Judge of a High Court, the duty of the examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. (3) For the purposes of this section, in cases of doubt— (a) the State Government may determine what offices shall be deemed to be public offices; and (b) the State Government may determine who shall be deemed to be persons in charge of public offices. Comments and Case-law [An arbitration award is required to be made on stamped paper by Article 12. This defect in the arbitration award is curable under section 33 and it cannot be said that section 35 of the Stamp Act imposes a permanent bar on the powers of the court to make such an arbitration award a rule of the court, even if the defect 1. Ins.by Bihar Act 6 of 1937 (from 14,1938) 2. See now the Code of Criminal Procedure, 1973 (2 of 1974) | Section 1: Sec now the Code of Civil P 1. Sec now the Code of Civil P 100] { Secs. 43-47 . i ich is not duly stamped. The High Court has a power to impound a document which is f ot Ms Wison & Co. Pvt. Ltd. vs. Kalokavoayagam, AIR 1992 Mad. 100. ftax is offence. Every man is entitled Avoidance of tax is no offence. Evasion o é very el to arrange his affairs in such a manner as to reduce his tax liability to minimum. Question is of legality. Question of morality does not arise. Urmila Devi vs. State, 2007(3) PLUR 734.] . Chapter VI: REFERENCE AND REVISION 56. Control of, and statement of case to, Chief Controlling Revenue Authority.—(1) The powers exercisable by a Collector under Chapter IV and Chapter V & under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of the Chief Controlling Revenue authority. (2) lf 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 thereoi) 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. Comments and Case-law [The Chief Controller revenue authority has full power to interfere with the Collector's order provided it was found to be erroneous. Tindeshwar Dayal vs. Maheshwar Dayal, AIR 1990 SC 485.] 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.— (a) if it arises in a State, to High Court for that State; (b) if it arises in the Union territory of Delhi, to the High Court of Delhi; [(c) if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the aay High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur or ripura); _ (d) if terises in the Union territory of the Andaman and Nicobar Islands, to the High Court at Caiculta; (c) iit arises in the Union territory of "(the Lakshadweep] to the High Court of Kerala, 1. fubs. by GSR 7 (E) PLIL S. co ql, Cated 2-1-1074, 2. Now renamad ee "Lakshadweor" by Act 35 of 1973 (w.o.f. 1.11.1973) | Section 1: fubs. by GSR 7 (E) PLIL S. co ql, Cated 2-1-1074, 1. fubs. by GSR 7 (E) PLIL S. co ql, Cated 2-1-1074, 2. Now renamad ee "Lakshadweor" by Act 35 of 1973 (w.o.f. 1.11.1973) 108) _ [ Secs. 58-64 (ee) if it arises in the Union territory of Chandigarh, to the High Court of Punjab and Haryana. (f) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay.] (2) Every such case shall be decided by not less than three Judges of the High Court to which it is referred, and in case of difference, the opinion of the majority shall prevail. Comments and Case-law [This section shows that for the purposes of the Stamp Act at least a note promising payment upon any condition or contingency certain or not will amount to promissory note an unconditional undertaking under section 4 of the Negotiable Instruments Act cannot be treated as a promissory not. Kochuthressi vs. Devi Das AIR 1988 Ker 282.] Chapter VI: REFERENCE AND REVISION 56. Control of, and statement of case to, Chief Controlling Revenue Authority.—(1) The powers exercisable by a Collector under Chapter IV and Chapter V & under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of the Chief Controlling Revenue authority. (2) lf 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 thereoi) 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. Comments and Case-law [The Chief Controller revenue authority has full power to interfere with the Collector's order provided it was found to be erroneous. Tindeshwar Dayal vs. Maheshwar Dayal, AIR 1990 SC 485.] 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.— (a) if it arises in a State, to High Court for that State; (b) if it arises in the Union territory of Delhi, to the High Court of Delhi; [(c) if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the aay High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur or ripura); _ (d) if terises in the Union territory of the Andaman and Nicobar Islands, to the High Court at Caiculta; (c) iit arises in the Union territory of "(the Lakshadweep] to the High Court of Kerala, 1. fubs. by GSR 7 (E) PLIL S. co ql, Cated 2-1-1074, 2. Now renamad ee "Lakshadweor" by Act 35 of 1973 (w.o.f. 1.11.1973) | Section 1: Sea now the rejevant Chaptors of ho Code of Criminal Procedure, 1973 (Act 2 of 1974) 1. Sea now the rejevant Chaptors of ho Code of Criminal Procedure, 1973 (Act 2 of 1974) Secs. 62-64 ] Indian Stamp Act, 1899 [ 109 which such instrument is chargeable possession or power such instrument th the same when produced. , and may require any person in whose enis, to produce the same, and may impound (3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument. (4) The Collector may thereu order admitting such instrument section 42, or in section 43, pro Stamp-law, which the Collector co instrument: Provided that— pon, notwithstanding anything contained in the in evidence, or in any certificate granted under secule any person for any offence against the nsiders him to have committed in respect of such (a) No such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court was payable in respect of the instrument under section 35 is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty;. (b) except for the purposes of such prosecution no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: The No. is $.O. 1459 1. The No. is $.O. 1459 dated 19.10.1982] Comments & case-law [Board of Revenue Circular dated 11.5.93— appointing new stamp vendors and issuing new li consideration the joint effect of the two condition (average monthly income of the Stamp vendor and number of persons who can be appointed each year-there are no specific instructions by Board of Revenue that for a particular district, only three appointments are to be made-circular dated 11.5.93 would mean to say that not more than three appointments shall be made in one Sub-Registar jurisdiction every year- when the Board of Revenue did not say that appointments would be restricted to the district as a whole then any interpretation by the departmental authorities that the inhibition/restriction shall be applicable to the whole of district, would not be proper. Ali Akbar v. State of Bihar 2002(2) PLUR 731. Section 74 and Appendix V of Rules—general direction issued to D.Ms. not to issue stamp vending licence by the Secretary—cum 1.G. (Registration)—Rules Bihar Boards Misc. Rules, 1958 does not authorise higher authority to issue a blanket Stay injunction order against the Statutory authority from exercising their powers. Alli Akbar vs. Sanjay Kumar Rakesh, 2005(1) PLUR 419.] Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: | [Stamp duty on Instruments under the Indian-Stamp Act, 1899] (See Sec.3) [Comments.—This Schedule contains Articles 13, 14, 16, 19, 28, 36, 37, 47, 53 and for the remaining Articles Schedule IA is to be seen.] Description of Instrument Proper Stamp-duty * * * * 13. Bill of Exchange (as defined by Sec. 2(2) not being a Bond, bank note or currency note— Description of Instrument Proper Stamp-dulty 2)" * | (b)Where payable otherwise than on demand (i} where payable not more than three months after date or sight— if the amount of the bill or note does not [thirty paise. exceed Rs. 500; if it exceeds Rs. 500 but does not exceed @(sixly paise. Rs. 1,000; . and for every additional Rs. 1,000 or part "(sixty paise. thereof in excess of Rs. 1,000; (ii) where payable more than three months but not more than six months after date or sight— if the amount of the bill or note does not (sixty paise. exceed Rs. 500; if it exceeds Rs. 500 but does not exceed 2fone rupee twenty paise. Rs. 1,000; and for every additional Rs. 1,000 or part 2fone rupee twenty paise. thereof in excess of Rs. 1,000; (iii) where payable more than six months but not more than nine months after date or sight— if the amount of the bill or note does not "(Ninety paise. exceed Rs. 500; if it exceeds Rs. 500 but does not exceed *[One rupee and eighty Rs. 1,000: paise. and for every additional Rs. 1,000 or part *{One rupee and eighty thereof in excess of Rs..1,000; (iv) where payable more than nine months but not more than one year after date or sight— paise. 1. Omitted by Act 5 of 1927. _ 2. Subs. by S.O, 130 (E) dated 28.1.2004 (w.e.f 1.3,200-4) SCHEDULE | [Stamp duty on Instruments under the Indian-Stamp Act, 1899] (See Sec.3) [Comments.—This Schedule contains Articles 13, 14, 16, 19, 28, 36, 37, 47, 53 and for the remaining Articles Schedule IA is to be seen.] Description of Instrument Proper Stamp-duty * * * * Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "on the market valua of tie estimatod cost ol the propasad construction/devalopment of 1. Words "on the market valua of tie estimatod cost ol the propasad construction/devalopment of Such property" subs. by Noliln. S.O. 1/6 1-480/2002-2022 dalod 17.9.2004 Ins by So 1.M.1-255/2006, 364 dated 8 2.2007 Subs by So 1.M.-169/2012-1026 dated 15.2.2013 (Subs for Rs. 20/- and As, 100/-) 2. 124 ] { Schedule 14 — Vagrancy Act, 1874 (ix of 1874), Section 17. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: "Article 23" subs by No. 1/M'—131—2005—920—daled 8.5.2006 1. "Article 23" subs by No. 1/M'—131—2005—920—daled 8.5.2006 2. Subs by S.O. 1/M-169/2012-1026 datod 15.2.2015. | 3. Subs by Notifn. No. 10/Aa.M.S. Nooti-? /2015-S482 dt. 297.2015 a 130] [ Schedule 14 25. 26. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Words "Conveyance (No 1. Words "Conveyance (No. 23)" subs. by S.O. 18/-480/2002-2965 dt 18.12.2003. 2, Subs by Notiln. No, 10/Ra.M.S. Nooti-27/2015-3482 dt, 29.7. 2015 Schedule 1A ] Indian Stamp Act, 1899 [133 if executed in favour of Governor of the State. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Clause (h) substituted and made clauso(g) and clause (g) made clause (h) by S.O, 1€1/-480/ 1. Clause (h) substituted and made clauso(g) and clause (g) made clause (h) by S.O, 1€1/-480/ 2002-2965 daled 18.12.2003. 2. Ins by So. 1.M.1-255/2006, 364 dated 8.2,2007 Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: Subs. by S.O. 1/M-169/2012-1026 dated 15.2.2013 1. Subs. by S.O. 1/M-169/2012-1026 dated 15.2.2013. — Schedule 1A ] Indian Stamp Act, 1899 [1 ° or any other object of public utility shall not be less than a specified sum per mensem; (b) executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturist Loans Act, 1884 (XII of 1884), or by their Sureties as security for the repayment of such advances. (c) executed by officers of the Government or their sureties to secure the due execution of any office, or the due accounting for money or other property received by virtue thereof. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or 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 authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government 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 ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 1: ("The same duty as Bond (No. 15) 1. ("The same duty as Bond (No. 15) for the amount secured subject to the maximum limit of Rs. 1000/- (Rupees One thousand)". One anda half time the duty payable on the Conveyance (No.23) for a consideration or a market value equal to the nominal amount of the shares specified in the warrant. (a) The duty with which such lease is chargeable. (b) '[Rs. 1000/-(One thousand) (a) One half of the duty payable ona Conveyance (No.23) for consideration or market value equal to the value of the share. (b) One half of the duty payable ona conveyance (No. 23) for consideration equal to the face amount of the debenture. Subs. by 5.0. 1/M-169/2012-1026 dated 15.2.2013. Schedule 1A } Indian Stamp Act, 1899 [ 143 63.

Source: India Code