Short title. SECTIONS. (Chapter I.-Preliminary. Sec. 1.) 68. Penalty for post-dating bills, and for other devices to defraud the revenue. 69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale. 70. Institution and conduct of prosecutions. 71. Jurisdiction of Magistrates. 72. Place of trial. An Act to consolidate and amend the law relating to Stamps. WHEREAS it is expedient to consolidate and amend the law relating to Stamps; It is hereby enacted as follows: CHAPTER I. 1. (1) This Act may be called the Indian Stamp Act, 1899. 1 For Statement of Objects and Reasons, see Gazette of India, 1899, Pt. V, p. 175; for Report of the Select Committee, see ibid, 1898, Pt. V, p. 231; and for Proceedings in Council, see ibid, 1897, Pt. VI, p. 231; ibid, 1898, Pt. VI, pp. 10 and 278; ibid, 1899, Pt. VI, p. 5. The Act has been declared in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation, 1872 (III of 1872), s. 3, as amended by the Santhal Parganas Justice and Laws Regulation, 1899 (III of +899), s. 3, see the revised edition as modified up to 1st October, 1899. The Act has been declared to be in force in the sub-division of Angul by notification under s. 5 of the Angul District Regulation, 1894 (I of 1894)—see Calcutta Gazette, 1899, Pt. I, p. 1064. Under s. 2 of the Assam Frontier Tracts Regulation, 18 0 (II of 1880) (Assam Code, p. 224), it has been declared that the Act shall cease to be in force in the Garo Hills, the 'Khasi and Jaintia Hills and the Naga Hills, the North Cachar Sub-division of the Cachar District, the Mikir Hills Tract and the Dibrugarh Frontier Tract, and under ss. 5 and 5A of the Scheduled Districts Act, 1874 (XIV of 1874), the Act was extended to the places abovementioned with the proviso that it shall not apply to persons being natives of these areas who are assessed to house-tax instead of landrevenue-see Gazette of India, 1903, Pt. 1, p. 175. XXVI of 1881. (Chapter 1.-Preliminary. Sec. 2.) commencement. (2) It extends to the whole of British India, inclusive of Upper Burma, extent and British Baluchistan, the Santhal Parganas and the Pargana of Spiti ; and (3) It shall come into force on the first day of July, 1899. 2. In this Act, unless there is something repugnant in the subject or Definitions. context, (1) "banker" includes a bank and any person acting as a banker: "Banker." (2) "bill of exchange" means a bill of exchange as defined by the "Nego- «Bill of extiable Instruments Act, 1881, and includes also a hundi, and any other change." document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money: "Bill of exchange pay. mand." (3) "bill of exchange payable on demand" includes- (c) a letter of credit, that is to say, any instrument by which one person (4) "bill of lading" includes a "through bill of lading," but does not "Bill of lad. include a mate's receipt: (5) "bond" includes (a) any instrument whereby a person obliges himself to pay money to (c) any instrument so attested, whereby a person obliges himself to ing" "Bond." (6) "chargeable" means, as applied to an instrument executed or first "Charge. executed after the commencement of this Act, chargeable under this Act, This Act is to be deemed not to extend or to have ever extended to the Hill District of Arakan, - see the Arakan Hill District Laws Regulation, 1901 (II of 1901). 2 General Acts, Vol. III. able." (Chapter I.-Preliminary. Sec. 2.) and, as applied to any other instrument, chargeable under the law in force in British India when such instrument was executed or where several persons executed the instrument at different times, first executed: (7) "cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand: - (8) "Chief Controlling Revenue-authority" means (a) in the Presidency of Fort St. George and the territories respectively under the administration of the Lieutenant-Governors of Bengal and the North-Western Provinces and the Chief Commissioner of Oudh the Board of Revenue; (b) in the Presidency of Bombay, outside Sindh and the limits of the town of Bombay-a Revenue Commissioner; (c) in Sindh--the Commissioner; (d) in the Punjab and Burma, including Upper Burma-the Financial Commissioner; and (e) elsewhere-the Local Government or such officer as the Local Government may, by notification in the official Gazette, appoint in this behalf: (9) "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 (6) includes a Deputy Commissioner and any officer whom the Local Government may, by notification in the official Gazette, appoint in this behalf: (10) "conveyance" includes a conveyance on sale and every instrument by which property, whether moveable or immoveable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I: (11) "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 that such stamp has been affixed or used in accordance with the law for the time being in force in British India: Read now "the Lieutenant-Governor of the United Provinces of Agra and Oudh ”. -see the 2In the North-West Frontier Province, for " Punjab "read" North-West Frontier Province," for "Financial Commissioner " read "Revenue Commissioner," for "Local Government" read "Chief Commissioner," and for "official Gazette" read "Gazette of India," see s. 6 (1) (a), (e), (b) and (9), respectively, of the North-West Frontier Province Law and Justice Regulation, 1901 (VII of 1901), Punjab Code, Ed. 1903. For instance of such a notification which was issued by the Chief Commissioner, British Baluchistan, see Gazette of India, 1899, Pt. II, p. 920. Collector" For notification by the Chief Commissioner of Ajmer-Merwara, declaring that includes Assistant Commissioners of the Province, see Gazette of India, 1902, Pt. II, p. 501. (Chapter 1.-Preliminary. Sec. 2.) (12) "executed" and "execution," used with reference to instruments, "Executed," mean "signed" and "signature": (13) "impressed stamp "includes (a) labels affixed and impressed by the proper officer, and and "execu tion." (14) "instrument" includes every document by which any right or "Instru liability is, or purports to be, created, transferred, limited, extended, extin- ment." guished or recorded: (15) "instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenueauthority or any Civil Court and an award by an arbitrator directing a partition : (16) "lease" means a lease of immoveable property, and includes also (c) any instrument by which tolls of any description are let; (d) any writing on an application for a lease intended to signify that the application is granted: Instrument of partition." " 'Lease." deed." (17) "mortgage-deed " includes every instrument whereby, for the "Mortgagepurpose 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: (18) "paper" includes vellum, parchment or any other material on which "Paper." an instrument may be written : (19) "policy of insurance" includes (a) any instrument by which one person, in consideration of a premium, engages to indemnify 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; and (c) any writing evidencing the renewal of, for the purpose of keeping in force, a policy of fire-insurance in respect of which, and of the previous renewal whereof (if any), there has not already been paid the stamp-duty which would have been chargeable if the "Policy of insurance." "Policy of "Power-ofattorney." "Promissory note." "Receipt." Chapter I.-Preliminary. Sec. 2.) policy had originally been granted for a longer term than six (20) "policy of sea-insurance" or "sea-policy" (a) means any insurance made upon any ship or vessel (whether for Where any person, in consideration of any sum of money paid or to be (22) "promissory note means a promissory note as defined by the 1 Negotiable Instruments Act, 1881; it also includes a note promising the payment of any sum of money out 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 : (23) "receipt" includes any note, memorandum or writing (a) whereby any money, or any bill of exchange, cheque or promissory (b) whereby any other moveable property is acknowledged to have been (c) whereby any debt or demand, or any part of a debt or demand, is (d) which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person: and XXVI of 1881. |