Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Indian Stamp Act, 1899. 1[(2) It extends to the whole of India except the State of Jammu and Kashmir: that it shall not apply to...
2 Definitions
In this Act, unless there is something repugnant in the subject or context,- (1) "Banker" includes a bank and any person acting as a banker; (2) "Bill of exch...
Chapter II Stamp Duties
A-Of the liability of instruments to duty
3 Instruments chargeable with duty
Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indica...
4 Several instruments used in single transaction of sale, mortgage or settlement
(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only sha...
5 Instruments relating to several distinct matters
Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments,...
6 Instruments coming within several descriptions in Schedule I
Subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I, shall, where...
7 Policies of sea-insurance
22[* * *] (4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shal...
8 Bonds, debentures or other securities issued on loans under Act 11 of 1879
(1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1879, or of any other law...
8A Securities not liable to stamp duty
Notwithstanding anything contained in this Act,- (a) an issuer, by the issue of securities to one or more depositories shall, in respect of such issue, be cha...
9 Power to reduce, remit or compound duties
26[(1)] 27[The 28[***] government] may, by rule or order published in Official Gazette,- (a) reduce or remit, whether prospectively or retrospectively, in the...
B-Of stamps and the mode of using them
10 Duties how to be paid
(1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicate...
11 Use of adhesive stamps
The following instruments may be stamped with adhesive stamps, namely,- (a) instruments chargeable 33[with a duty not exceeding ten naye paise], except parts ...
12 Cancellation of adhesive stamps
(1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cance...
13 Instruments stamped with impressed stamps how to be written
Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument an...
14 Only one instrument to be on same stamp
No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been writte...
15 Instrument written contrary to section 13 or 14 deemed unstamped
Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped. ...
16 Denoting duty
Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of both the in...
C-Of the time of stamping instruments
17 Instruments executed in India
All instruments chargeable with duty and executed by any person in 3[India] shall be stamped before or at the time of execution. ...
18 Instruments other than bills and notes executed out of India
(1) Every instrument chargeable with duty executed only out of 3[India] and not being a bill of exchange 20[***] or promissory note, may be stamped within thr...
19 Bills and notes drawn out of India
The first holder in 3[India] of any bill of exchange 19[payable otherwise than on demand], 20[* * *] or promissory note drawn or made out of 3[India] shall, b...
D-Of valuations for duty
20 Conversion of amount expressed in foreign currencies
(1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of 20[India] such duty shall be c...
21 Stock and marketable securities how to be valued
Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the va...
22 Effect of statement of rate of exchange or average price
Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statem...
23 Instruments reserving interest
Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would...
23A Certain instruments connected with mortgages of marketable securities to be chargeable as agreements
(1) Where an instrument (not being a promissory note or bill of exchange)- (a) is given upon the occasion of the deposit of any marketable security by way of...
24 How transfer in consideration of debt, or subject to future payment, etc. to be charged
Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to th...
25 Valuation in case of annuity, etc.
Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annui...
26 Stamp where value of subject-matter is indeterminate
Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before ...
27 Facts affecting duty to be set forth in instrument
The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which...
28 Direction as to duty in case of certain conveyances
(1) When any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different inst...
E-Duty by whom payable
29 Duties by whom payable
In the absence of any agreement to the contrary, the expense of providing the proper stamp shall be borne- (a) in the case of any instrument described in any o...
30 Obligation to give receipt in certain cases
Any person receiving any money, exceeding twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees, o...
Chapter III Adjudication As To Stamps
31 Adjudication as to proper stamp
(1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to hav...
32 Certificate by Collector
(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 determin...
Chapter IV Instruments Not Duly Stamped
33 Examination and impounding of instruments
(1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police...
34 Special provision as to unstamped receipts
Where any receipt chargeable 33[with a duty not exceeding ten naye paise] is tendered to or produced before any officer unstamped in the course of the audit o...
35 Instruments not duly stamped inadmissible in evidence, etc.
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 eviden...
36 Admission of instrument where not to be questioned
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 ...
37 Admission of improperly stamped instruments
27[The 6[State Government] may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payme...
38 Instruments impounded how dealt with
(1) Where the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits, such instrument in e...
39 Collector's power to refund penalty paid under section 38, sub-section (1)
(1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit 41[***] refund any portion of the penalt...
40 Collector's power to stamp instruments impounded
(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 instru...
41 Instruments unduly stamped by accident
If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable 42[with a duty not exceeding ten naye paise] only or a bill of...
42 Endorsement of instruments in which duty has been paid under sections 35, 40 or 41
(1) When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting ...
43 Prosecution for offence against stamp law
The taking of proceedings or the payment of a penalty under this chapter in respect of any instrument shall not bar the prosecution of any person who appears ...
44 Persons paying duty or penalty may recover same in certain cases
(1) When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreemen...
45 Power to Revenue authority to refund penalty or excise duty in certain cases
(1) Where any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon application in writing made within one year fr...
46 Non-liability for loss of instruments sent under section 38
(1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same ...
47 Power of payer to stamp bills and promissory notes received by him unstamped
When any bill of exchange 44[or promissory note] chargeable 45[with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to who...
48 Recovery of duties and penalties
All duties, penalties, and other sums required to be paid under this Chapter may be recovered by the Collector by distress and sale of the movable property ...
Chapter V Allowances For Stamps In Certain Cases
49 Allowance for spoiled stamps
Subject to such rules as may be made by 5[the 6[State Government]] as to the evidence to be required or, the enquiry to be made, the Collector may, on applica...
50 Application for relief under section 49 when to be made
The application for relief under section 49 shall be made within the following periods, that is to say,- (1) in the cases mentioned in clause (d)(5), within tw...
51 Allowance in case of printed forms no longer required by corporations
The Chief Controlling Revenue-authority 50[or the Collector if empowered by the Chief Controlling Revenue-authority in this behalf] may, without limit of time...
52 Allowance for misused stamps
(a) When any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by ...
53 Allowance for spoiled or misused stamps how to be made
In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof- (a) other stamps of the same description and valu...
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 i...
54A Allowances for stamps in denomination of annas
Notwithstanding anything contained in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of anna...
54B Allowances for Refugee Relief Stamps
Notwithstanding anything contained in section 54, when any person is possessed of stamps bearing the inscription "Refugee Relief" (being stamps issued in pur...
55 Allowance on renewal of certain debentures
When any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, rep...
Chapter VI Reference And Revision
56 Control of, and statement of case to, Chief Controlling Revenue-authority
(1) The power exercisable by a Collector under Chapter IV and Chapter V 55[and under clause (a) of the first proviso to section 26] shall in all cases be subj...
57 Statement of case by Chief Controlling Revenue-authority to High Court
(1) The Chief Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or otherwise coming to its notice, and refer ...
58 Power of High Court to call for further particulars as to case stated
If the High Court 64[* * *] is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, ...
59 Procedure in disposing of case stated
(1) The High Court, 64[* * *] upon the bearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing ...
60 Statement of case by other courts to High Court
(1) If any court, other than a court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) t...
61 Revision of certain decisions of courts regarding the sufficiency of stamps
(1) When any court in the exercise of its civil or revenue jurisdiction of any criminal court in any proceeding under Chapter XII or Chapter XXXVI of the Code...
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 a...
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 prescribed by that section, shall be punishable with...
64 Penalty for omission to comply with provisions of section 27
Any person who, with intent to defraud the government,- (a) executes any instrument in which all the facts and circumstances required by section 27 to be set f...
65 Penalty for refusal to give receipt; and for devices to evade duty on receipts
Any person who,- (a) being required under section 30 to give a receipt, refuses or neglects to give the same; or (b) with intent to defraud the government of a...
66 Penalty, for not making out policy or making one not duly stamped
Any person who,- (a) receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, ...
67 Penalty for not drawing full number of bills or marine policies purporting to be in sets
Any person drawing or executing a bill or exchange 91[payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in ...
68 Penalty for post-dating bills, and for other devices to defraud the revenue
Any person who,- (a) with intent to defraud the government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to...
69 Penalty for breach of rule relating to sale of stamps and for unauthorized sale
(a) Any person appointed to sell stamps who disobeys any rule made under section 74, and (b) Any person not so appointed who sells or offers for sale any stam...
70 Institution and conduct of prosecutions
(1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the Collector o...
71 Jurisdiction of Magistrates
No magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offen...
72 Place of trial
Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found, as well as in any...
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...
74 Powers to make rules relating to sale of stamps
The 94[State Government] 95[* * *] may make rules for regulating- (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale...
75 Power to make rules generally to carry out Act
The 96[State Government] may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exc...
76 Publication of rules
96[(1 )] All rules made under this Act shall be published in the Official Gazette.] (2) All rules published as required by this section shall, upon such publi...
76A Delegation of certain powers
The State Government may, by notification in the Official Gazette], delegate- (a) all or any of the powers conferred on it by sections 2(9), 33(3)(b), 70(...
77 Saving as to court-fees
Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fee. ...
77A Saving as to certain stamps
All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, mu...
78 Act to be translated and sold cheaply
Every State Government shall make provision for the sale of translations of this Act in the principal vernacular languages of the territories administered by ...
79 [Repeal.- Representation by the Repealing and Amending Act, 1914]
Schedule I
[Section 3]  Description of Instrument Proper Stamp-duty   (1) (2) 1. Acknowledgement of a debt exceeding twenty rupees in amount or value, written or sig...
Schedule II
[Enactments repealed] Rep. by the Repealing and Amending Act, 1914 (10 of 1914). ...
Footnotes
1 Substituted by Act No. 43 of 1955, w.e.f. 1st. April, 1956. 2 Substituted for the words "Part B States" by the AO (No. 2) 1956. 3 Substituted for the words ...
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