Section 54

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 54: Re-conveyance 54. Re-conveyance of mortgage s["Same as Mortgage (No. 40(b)] property subject to maximum limit of Rs. 1000/- (Rupees One thousand)". 55. Release, thal is to say, 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 54: Allowance for stamps not required for use 54. Allowance for stamps not required for use.—When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ten nayc paise for each rupee or portion of a rupee, upon such, person delivering up the same to be cancelled and proving to the Collector's satisfaction— (a) that such stamp or stamps were purchased by such person with a bona fide intention to use theni; and (b) that he has paid the full price thereof: and (c) that they were so purchased within the period of six months next preceding the date on which they were so delivered: Provided that where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repa2yment of the sum actually paid by the vendor without any such deduction as aforesaid. Comments and Case-law [Value of the property not correctly mentioned and was under valued-fine was imposed as double the amount of the stamp duty-statute limits fine only upto the extent of Rs. 5000/- — fine imposed beyond the limit is illegal and without jurisdiction- fine reduced te its limit. Ahilya Devi vs. State of Bihar, 2002 (1) PLUR 222.) 54.A. Allowanace for stamps in denominations of annas.—Notwithstanding anytning contained in section 54, when any person is possessed of a stamp or Stamps in any denominations other than in denominations of annas four or multiples the-eof and such stamp or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or Stamps in money calculated in accordance with the provisions of sub-section (2) of section 14 of the indian Coinage Aci, 1906 (Ill of 190S), upon such person delivering up, within six months from the cemmencemert of the Indian Stamp (Amending) Act, 1958 (19 of 1 958), such stamp or stamps lo the Collector. '[54-B. Allowance for Refugee Relief Stamp. contained in section 54, when any person is possessed of stamps bearing the inscription "Refugee Relief" (being stamps issued in pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall, upon such person deiivering up, within six months from the commencement of the Refugee Relief Taxes (Abolition) Act, 1973 (13 of 1973), such stamps to the Collector, refund to such person the value of such stamps in money or give in lieu thereof other stamps of the same value: —Notwithstanding anything 1. Ins. by Act 13 of 1973, S. 2. (w.o.d, 1-4-1973). 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 54: Allowance for stamps not required for use _ Secs. 55-57 J Indian Stamp Act, 1899 . [ 107 Provided that the State Government may, with a view to facilitating expeditious disposal of the claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refunds.]