Section 62

Chapter VII: CRIMINAL OFFENCES AND PROCEDURE 62. Penalty for executing, etc, instrument not duly stamped,—(1) Any person—(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of or in any manner negotiating any bill of exchange, payable otherwise than on demand or promissory note without the same being duly stamped; or (b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or (c) voting or attempting to vote under any proxy not duly stamped: shall for every such offence be punishable with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued is the Managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. 63. Penalty for failure to cancel adhesive stamp.—Any person required by Section 12 to cancel an adhesive stamp and failing to cancel such stamp in manner Presciived by that section, shall be punishable with fine which may extend to one hundred rupees, 64. Penalty for omission to comply with provisions of section 27. —Any Person, who, with intent to defraud the Government— | Section 62: Penalty for executing, etc, instrument not duly stamped,—(1) Any CHAPTER VII CRIMINAL OFFENCES AND PROCEDURE 62. Penalty for executing, etc, instrument not duly stamped,—(1) Any person—(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of or in any manner negotiating any bill of exchange, payable otherwise than on demand or promissory note without the same being duly stamped; or (b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or (c) voting or attempting to vote under any proxy not duly stamped: shall for every such offence be punishable with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued is the Managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. 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 62: B—Revocation of 62. B—Revocation of Share Warrants to bearer issued under the Indian Companies Act.1913 (VII of 1913) Exemptions: Share warrant when issued by a - Company in pursuance of the Indian Companies Act, 1913 (VII of 1913) section 43, to have effect only upon payment as composition for that duty, to the Collector of Stamp Revenue of- (a) One and a half percentum of the whole subscribed capital of the company, or : (b) if any company which has paid the said duty or composition in full, - subsequently issues, in addition to its subscribed capital, one and a half percentum of the additional capital so issued. Surrender of lease: (a) when the duty with which the lease is chargeable does not exceed '{Rs. 1000/- (b) in any other case Exemption: Surrender of lease, when such lease s exempted from duty. Transfer whether with or without consideration (a) of shares in an incorporated company or other body corporate (b) of debentures, being marketable securities, whether the debenture is liable to duty or nol except debenture provided for by section 8