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THE INDIAN STAMP ACT, 1899
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ARRANGEMENT OF SECT IONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP- DUTIES
A.4Of the liability of instruments to Duty
3. Instruments chargeable with duty.
3A. [Repealed.].
4. Several instruments used in single transaction of sale, mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule I.
7. Policies of sea-insurance.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879.
8A. Securities dealt in depository not liable to stamp -duty.
8B. Corporatisation and demutualisation schemes and related instruments not liable to duty.
8C. Negotiable warehouse receipts not liable to stamp-duty.
8D. Agreement or document for assignment of receivables not liable to stamp-duty.
8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
shareholding of a bank to a holding company of bank not liable to duty.
8F. Agreement or document for transfer or assignment of rights or interest in financial assets not
liable to stamp-duty.
8G. Strategic sale, disinvestment, etc., of immovable property by Government company not liable to
stamp duty.
9. Power to reduce, remit or compound duties.
AA.4 Of the liability of instruments of transaction in stock exchanges and depositories to duty
9A. Instruments chargeable with duty for transactions in stock exchanges and depositories.
9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.
B.4Of Stamps and the mode of using them
10. Duties how to be paid.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamps.
15. Instrument written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
C. 4Of the time of stamping Instruments
17. Instruments executed in India.
18. Instruments other than bills and notes executed out of India.
19. Bills and notes drawn out of India.
D. 4Of Valuations for Duty
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
23A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements.
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SECTIONS
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.
25. Valuation in case of annuity, etc.
26. Stamp where value of subject-matter is indeterminate.
27. Facts affecting duty to be set forth in instrument.
28. Direction as to duty in case of certain conveyances.
E. 4Duty by whom payable
29. Duties by whom payable.
30. Obligation to give receipt in certain cases.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Collector.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Special provision as to unstamped receipts.
35. Instruments not duly stamped inadmissible in evidence, etc.
36. Admission of instrument where not to be questioned.
37. Admission of improperly stamped instruments.
38. Instruments impounded, how dealt with.
39. Collector's power to refund penalty paid under section 38, sub -section (1).
40. Collector's power to stamp instruments impounded.
41. Instruments unduly stamped by accident.
42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41.
43. Prosecution for offence against Stamp-law.
44. Persons paying duty or penalty may recover same in certain cases.
45. Power to Revenue-authority to refund penalty or excess duty in certain cases.
46. Non-liability for loss of instruments sent under section 38.
47. Power of payer to stamp bills and promissory notes received by him unstamped.
48. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps.
50. Application for relief under section 49 when to be made.
51. Allowance in case of printed forms no longer required by Corporations.
52. Allowance for misused stamps.
53. Allowance for spoiled or misused stamps how to be made.
54. Allowance for stamps not required for use.
54A. Allowances for stamps in denominations of annas.
54B. Allowances for Refugee Relief stamps.
55. Allowance on renewal of certain debentures.
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-authority.
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SECTIONS
57. Statement of case by Chief-Controlling Revenue-authority to High Court.
58. Power of High Court to call for further particulars as to case stated.
59. Procedure in disposing of case stated.
60. Statement of case by other Courts to High Court.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped.
62A. Penalty for failure to comply with provisions of section 9A.
63. Penalty for failure to cancel adhesive stamp.
64. Penalty for omission to comply with provisions of section 27.
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.
66. Penalty for not making out policy or making one not duly stamped.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.
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 unauthorised sale.
70. Institution and conduct of prosecutions.
71. Jurisdiction of Magistrates.
72. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection.
73A. Power of Central Government to make rules.
73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.
74. Powers to make rules relating to sale of stamps.
75. Powers to make rules generally to carry out Act.
76. Publication of rules.
76A. Delegation of certain powers.
77. Saving as to court-fees.
77A. Saving as to certain stamps.
78. Act to be translated, and sold cheaply.
79. [Repealed.].
SCHEDULE I.33STAMP-DUTY ON INSTRUMENTS.
SCHEDULE II. 33[Repealed.].
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THE INDIAN STAMP ACT, 1899
ACT NO. 2 OF 1899
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[27th January, 1899.]
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:4
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.4(1) This Act may be called the Indian Stamp Act, 1899.
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[(2) It extends to the whole of India
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***:
Provided that it shall not apply to
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[the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] (excluding the State of Jammu and Kashmir)except to the extent to
which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in
Entry 91 of List I in the Seventh Schedule to the Constitution].
(3) It shall come into force on the first day of July, 1899.
2. Definitions.4In this Act, unless there is something repugnant in the subject or context,4
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[(1) Allotment list.4
