Section 53

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 53: Allowance for spoiled or misused stamps how to be made 53. Allowance for spoiled or misused stamps how to be made.—in an y case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof— (a) other stamps of the same description and value; or (b) if required and he thinks fit. stamps of any other description to the same amount in value; or (c) at his discretion, the same value in money, deducting ten naye paise for each rupee or fraction of a rupee. 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 53: Receipt, as defined by Sec. 2(23) for any 53. Receipt, as defined by Sec. 2(23) for any money or other property the amount or value of which exceeds }[ five thousand rupees] Exemption Receipt— (a) endorsed on or contained in any instrument duly stamped or any instrument exempted under the proviso to Sec. 3, (instruments executed on behalf of the Government or any cheque or bill of exchange payable on demand acknowledging the receipt of the consideration-money therein expressed, or the receipt of any principal money, interest or annuity, or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue or (in the States of Madras, Bombay and Andhra as they existed immediately before the ist November, 1956) of Inam lands. (d) for pay or allowances by non- commissioned or petty officers, soldiers, sailors or airmen of the Indian military, naval or air forces when serving in such capacily, or by mounted police constables; (e) given by holders of family-certificate in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned or petty officer, soldier, sailors or airmen of any of the said forces and serving in such capacily; (1) for pensions or allowances by persons receiving such-pensions or allowances in respect payable otherwise than on demand.] '{ Fifteen paise.] 2| One rupee} 1. Subs. by S.O. 130 (E) dated 28.1.2004 (w.o.f. 1.9.2004) 2. Subs, for*twonty paiso" by Act 32 of 1994,