(Wo. 13.5.2005), — THE INDIAN STAMP ACT, 1899 (2 of 1899)

114 (Wo. 13.5.2005), (b) save as aforesaid, the State Government. -A. . '[9-A. Notwithstanding anything contained in any rule or orders under clause (a) of section 9 reducing or remitting the duty on an instrument or clas Notwithstanding anything contained in any rule or orders under clause (a) of section 9 reducing or remitting the duty on an instrument or class of instruments inforce immediately before g or remitting the duty on an instrument or class of instruments inforce immediately before the date of commencement of this section, any instrument, so far as it rela inforce immediately before the date of commencement of this section, any instrument, so far as it relates to premises of a Co- operative Society registered or deemed to be registered un any instrument, so far as it relates to premises of a Co- operative Society registered or deemed to be registered under any law relating to the Co-operative Society for the time being in registered under any law relating to the Co-operative Society for the time being in force, executed by or on behalf of or in favour of such society or by an officer or me relating to the Co-operative Society for the time being in force, executed by or on behalf of or in favour of such society or by an officer or member in favour of another and relat y or by an officer or member in favour of another and relating to business of such society shall be chargeable shall be chargeable with duty under this section read with articles indicated in Schedule 1-A: Schedule 1-A: Provided that an instrument relating to mortgage of property by a Housing Co- ive or a member thereof to be registered in favo o roperty by a Housing Co- operative or a member thereof to be registered in favour of the Bihar State Housing Co-operative Fede har State Housing Co-operative Federation Limited or the Bihar State Rural Housing Co-operative Federation Ltd. or any financing institution for the loan to be taken from the said Federation or institution shall not be chargeable with duty: Provided further that an instrument relating to transfer of premises by a Cooperative Society to be registered in favour of its members shall not be chargeable with duty: Provided also that an instrument to be registered by the Bihar State Housing Co-operative Federation Ltd. or the Bihar State Rural Housing Co-operative Federation Ltd. for the loan to be taken by it from a financing institution including the Life Insurance Corporation of India and a Commercial Bank shall not be chargeable with duty: Provided further also that an instrument to be registered in favour of a registered Co-operative Society by any of its members or by another registered Co-operative Society or any of its members for loan upto Rs. 50,000 (Rupees fifty thousand) to be taken for any purpose other than purchase of land shall not be chargeable with duty. Explanation.—For the purpose of this section, the word 'premises' means any land or building or part of a building including any flat, apartment, tenement. shop or warehouse therein and includes, (i) gardens, grounds and out houses, if any, appertaining to such building t lding. or part of a building. and (ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof."] Comments and Case law (Sections 9(1)(a) and 74(b) read with Articles 19(1).(g) and 19(6) of Constitution Government prescribing (sat functions of 'deed writing' (Sections 9(1)(a) and 74(b) read with A of India. Notification of State Government prescribing (sat functions of 'deed writing' ng' cannot be performed by the same person, challenged. of India. Notification of State Government prescribing (sat fun and 'trade of stamp vending' cannot be performed by the same person, challenged. nce under the Act to make Rules to regulate and 'trade of stamp vending' cannot be perfo State Government has full competence under the Act to make Rules to regulate y prescribing mode and procedure, State Government has full compete supply and sale of stamp or stamp papers by prescribing mode and procedure, ns through whom sale is to be conducted. State Government supply and sale of stamp or stamp papers by prescribin m conducted by persons through whom sale is to be conducted. State Government siness conduc having noticed large scale irregularities, fraud and malpractices in trade and business public interest. having noticed large s of stamp vending issued the notification imposing such restriction in public interest. arbitrary and unreasonable under Article 19(6) of of stamp vending issued the notifi Notification cannot be said to be arbitrary and unreasonable under Article 19(6) of h vs. State of Bihar, 1997 (1) PLJR 128.) Notification cannot be said to be arbitrary and u the Constitution. Dasarath Prasad Singh vs. State of Bihar, 1997 (1) PLJR 128.)

Section 114