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(Chapter II.-Stamp-duties. Sec. 30. Chapter III.—Adjudication as to Stamps. Sec. 31.)

(b) in the case of a policy of insurance-by the person effecting the

insurance:

(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,

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(g) in the case of an instrument of partition by the parties thereto in proportion to their respective shares in the whole property parti tioned, 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. 30. Any person receiving any money exceeding twenty rupees in amount, Obligation to or any bill of exchange, cheque or promissory note for an amount exceeding in certain give receipt twenty rupees, or receiving in satisfaction or part satisfaction of a debt any cases. moveable property exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same,

CHAPTER III.

ADJUDICATION AS TO STAMPS.

as to proper

stamp.

31. (1) When any instrument, whether executed or not and whether Adjudication previously stamped or not, is brought to the Collector, 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 eight annas) 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 instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may

Certificate by
Collector.

(Chapter III.-Adjudication as to Stamps. Sec. 32.)

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 enquiry

as to the duty with which the instrument to which it relates is chargeable; and

(b) every person by whom any such evidence is furnished, shall, on payment of the full duty with which 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. 32. (1) When an instrument brought to the Collector under section 31 is, in his opinion, one of a description chargeable with duty, and

(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum
as, with the duty already paid in respect of the instrument, is
equal to the duty so determined, has been paid,

the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.

(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.

(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be ; and if chargeable with duty shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped:

Provided that nothing in this section shall authorize the Collector to endurse

(a) any instrument executed or first executed in British India and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ;

(b) any instrument executed or first executed out of British India and brought to him after the expiration of three months after it has been first received in British India; or

(c) any instrument chargeable with the duty of one anna, or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped.

(Chapter IV.-Instruments not duly stamped. Secs. 33-35.)

CHAPTER IV.

V of 1898.

INSTRUMENTS NOT DULY STAMPED.

ing of in-
and impound.

struments.

33. (1) Every person having by law or consent of parties authority to Examination receive evidence and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, 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 it is stamped with a stamp of the value and description required by the law in force in British India when such instrument 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 1Code of Criminal Procedure,
1898;

(b) in the case of a Judge of a High Court, the duty of examining
and impounding any instrument under this section may be dele-
gated to such officer as the Court appoints in this behalf.

(3) For the purposes of this section, in cases of doubt,-

(a) the Governor General in Council may determine what offices shall
be deemed to be public offices; and

(b) the Local Government may determine who shall be deemed to be
persons in charge of public offices.

to unstamped receipts.

provision as

34. Where any receipt chargeable with a duty of one anualis tendered to Special
or produced before any officer unstamped in the course of the audit of any
public account, such officer may in his discretion, instead of impounding the
instrument, require a duly stamped receipt to be substituted therefor.

35. No instrument chargeable with duty shall be admitted in evidence
for any purpose by any person having by law or consent of parties authority
to receive evidence, or shall be acted upon, registered or authenticated by any
such person or by any public officer, unless such instrument is duly stamped:

1 See the revised edition of the Act as modified up to 1st April, 1903.

Instruments not duly stamped in

admissible etc.

in evidence,

Admission of instrument where not to be questioned.

Admission of improperly stamped instruments.

Instruments impounded

(Chapter IV.—Instruments not duly stamped. Secs. 36-38.)

Provided that

(a) any such instrument not being an instrument chargeable with a duty
of one anna only, or a bill of exchange or promissory note, shall,
subject to all just exceptions, be admitted in evidence on pay-
ment of the duty with which the same is chargeable, or, in the
case of an instrument insufficiently stamped, of the amount
required to make up such duty, together with a penalty of five
rupees, or, when ten times the amount of the proper duty or
deficient portion thereof exceeds five rupees, of a sum equal to
ten times such duty or portion;

(b) where any person from whom a stamped receipt could have been
demanded, has given an unstamped receipt and such receipt, if
stamped, would be admissible in evidence against him, then
such receipt shall be admitted in evidence against him on pay-
ment of a penalty of one rupee by the person tendering it;
(c) where a contract or agreement of any kind is effected by corre-
spondence consisting of two or more letters and any one of the
letters bears the proper stamp, the contract or agreement shall be
deemed to be duly stamped;

(d) nothing herein contained shall prevent the admission of any instru-
ment in evidence in any proceeding in a Criminal Court, other
than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure, 18981;

(e) nothing herein contained shall prevent the admission of any instru-
ment in any Court when such instrument has been executed by or
on behalf of the Government, or where it bears the certificate of
the Collector as provided by section 32 or any other provision of
this Act.

36. Where an instrument has been admitted in evidence, such admission
shall not, except as provided in section 61, be called in question at any stage
of the same suit or proceeding on the ground that the instrument has not
been duly stamped.

37. The Governor General in Council may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

38. (1) When the person impounding an instrument under section 33

1 See the revised edition of the Act as m›dified up to 1st Apr, 1903

V of 1898.

(Chapter IV-Instruments not duly stamped. Secs. 39-40.)

with.

has by law or consent of parties authority to receive evidence and admits such how dealt instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf.

(2) In every other case, the person so impounding an instrument shall send it in original to the Collector.

1

power to refund

39. (1) When a copy of an instrument is sent to the Collector under Collector's section 38, sub-section (1), he may, if he thinks fit, upon application made to him in this behalf or, if no application is made, with the consent of the Chief Controlling Revenue-authority, refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument.

(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.

40. (1) When the Collector impounds any instrument under section 33,
or receives any instrument sent to him under section 38, sub-section (2), not
being an instrument chargeable with a duty of one anna only or a bill of
exchange or promissory note, he shall adopt the following procedure :—
(a) if he is of opinion that such instrument is duly stamped, or is not

chargeable with duty, he shall certify by endorsement thereon
that it is duly stamped, or that it is not so chargeable, as the case
may be:

(b) if he is of opinion that such instrument is chargeable with duty and
is not duly stamped, he shall require the payment of the proper
duty or the amount required to make up the same, together with
a penalty of five rupees; or, if he thinks fit, ten times the
amount of the proper duty or of the deficient portion thereof,
whether such amount exceeds or falls short of five rupees :

Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this

section.

(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein.

In the North-West Frontier Province, for "Chief Controlling Revenue-authority "" read "Revenue Commissioner," see s. 6 (1) (d) of the North-West Frontier Province Law and Justice Regulation, 1901 (VII of 1901), Punjab Code, Ed. 1903.

penalty paid 38, sub-sec

under section

tion (1).

Collector's stamp

power to

instruments impounded.

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