*THE KRRALA STAMP ACT, 1959

1959 · State unknown · central · act_text

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Sections (83)

28 · Facts affect1ng duty to be set forth in instrument.

32 · Certificate by Collector.

36 · Admission of improperly stamped instruments

50 · AIJowance for misused stam,:>s

53 · Allowances for stamps in denominations of annas.

56 · Power of High Court to call for further particulars as to

60 · Penalty for execution, etc., Instrament not duly stamped. 61. Penalties for failure 1o cancel adhesive stamp.

4 · Scvfl· al i11slnllnen/s II Sid 111 siugle lrmzsnclion of sale mortgage or selllemcnt-(1) \Vhere, in the case of any sale, mortgage or settlement, several are employed for completing the transaction, the principal -instrument only shall be chargeable with the duty prescnbed in the Schedule for the conveyance, mortgage, or settlement, and each of the other instruments shall be chargeable with a duty of two rupees instead of the duly, if any, prescribed for it in the Sclzcdz1lc.

5 · lmlrumwts rclalltlf.! to al dzs/mrt rnaltcrs.-Any instrument comprising or relating to several distinct matters shall Le chareabltt with the aggregate amount of the duties with which sepaoote instrum1mt, each comprising to one of such matter'>, would be chargeable nnder this Act.

7 · Pnq mcut of lu [!Jzer dulrJ 111 respect of wlotn wslrumellls-( 1) Notwithstanding anything contained in sections 4 or 6 or in any other enactment, unlec;s it is proved that the duty chargeabla under his Act has been paid-

8 · fluu,is or ollzcr scctmlics 1ssued ott loans -(1) Notwiths1anding anything contained in this Act, any local authority raising a Joan under the provi'iions of any law for the time being in force, by the issue of bonds or other securities other than debentures, shall, in respect of such loan, be chargeable with a duty of one per centum on the total amount of the bonds, or other securities issued by it, and such bonds or other securities need not be stamped and shall not be chargeable with any further duty on renew at, consolidation, sub ·division or otherwise.

9 · Power to rcdurc, 1 cm1t or compotmd dutzes.-( I) The Government may, by order published in the Gazette.

10 · Dutzcs !row to be jwzd.-(1) Except as otherwise expressly provided in this Act, all duties with which any instruments arc chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps-

11 · Use of ndlzesl'llc -The following instruments may be stamped with adhesive stamps, namely:-

12 · Caucellnlzott of a,lhtslvc stn mps.-( 1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shalt, when affixing such stamp, cancel the same so that it cannot be used again; and

13 · lnslrumenls ~tampd wzlh 111tpresseJ stamps how lo be wrztieii.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 and cannot be used for or applied to any other instrument.

14 · Onl11 o11c iuslrttmeul to be 011 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 written:

16 · Dclwtwg July.-Where the duty with which an instrument is chargeable, or its exempt JOn from duty depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last mentioned duty shall, if application is made in writing to :the Collector or the Registering Officer for that purpose, and on prodution of both the in&truments, be denoted upon such first mentioned instrument, by endorsement under the hand of the Collector or the Registering Officer or in such other manner as the Government may by rules prescribe.

20 · Co11vemorz of arr>.'ttllt expressed 111 fvrezg,, currmcies.-( 1) Where an instrument is chargeable with ad-valo,cm duty in respect of any money expressed in any currency other than that of India, such, duty, shall be calculated on the value of such money in the currency of India according to the current rate of exchange on the day of the date of the instrument.

2L · Stock aud m rt kdczble sccuiz/Ics lzow f.J ht v zlllcrf \Vhere an ' in<>trument is chargeable with ad valonm duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of date of the instrument.

22 · E{(tcl of sfaltmwf n/1'flle of eJ-·clu1If!.e 01 avu age pt itr.-Where an instrument contains a statPment of current rate of exchange, or price, a<> the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subJect matter of such statement, be until the contrary is proved, to be duly c:tamped.

23 · /r·sf1 ume1.t teS'J vtng mtcresl -Where interest is ex·pressly made payable by the terms of an instrument, such instrument shall not be chargeable wtth duty higher than that with which it would have been chargeable had no mention of interest been made therein.

26 · ValuatiOn w w;e of mmuily, clc.-Where an instrument is executed to secure the payment of annuity or other sum payable periodically, or where the CC'nsideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act be deemed to be,-

27 · Stamp wlzere 'D'llue of subject matter ts Where the amount or value of the subJect matter of any instrument chargeable with advalorem duty cannot be or could not hava been, ascertained at the date of its execution, or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would; at the date of such execution have been sufficient:

32 · Cc1.'1jl(ltlc by Cvll c 01 -(1) When an instrument brought to the Collector under section 31, is in his opinion, one of a description chargeable with duty, and

35 · A.lmls,r(lrJ of fllllrttntenlll wllCie 11oi to be queslio11ed.-Where an instrument has been admitted in evidence such admission shall not, except as provided in section 59. be called in question at any of the same suit or proceeding on the ground that the instrument has not been duly stamped.

36 · Adm1ssz-t1 of zmptoperlu stamped wstrumenl1-The Government may make rules providing that, where an instrument bears a 5tamp of sufficient amount but of improper desct iption, it may, on payment uf 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.

37 · itJstrumCilfs zmpomzdcd how drnlt When the person impounding an instrument under section 33 bas by law or consent of parties authority to receive evidence and admits such instrument in evidence or when he is a registering officer to regic;ter such instrument upon payment of a penalty as ·provided by section 34 or of duty as provided by section 36, he shall send

38 · Co!leciul 's power to 1eju11d pmnlttJ patd wzdel' sub-sccltoll (1) of 37.-(1) When a copy of an instrument is sent to the Collector under sub-section (l) of section 37, he may, if he thinks fit, refund the whole or any portion of the penalty in excess of ten rupees which has been paid in respect of such instrument.

39 · Collector·, power to stamp iuslrumwt:; zmpowzded -(1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under sub-section (2) of section 37, not being an instrument chargeable with a duty of twelve naye paise or less, he shall adopt the following proeedure:-

40 · wncnts ttwluly stamped T>!J acczdr.:nt.-If any instrument_ chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of twelve naye paic;e or less is produced by any person of his own motion before the Collector Within one year from the date of its execution or first execution and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to m1ke up the same and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 39, receive such amount and proceed as next hereinafter prescribed.

41 · of i11sl1 urnc11ls 011 'Wft1dt drt'y l1'1s butz paid u·1der seclto11s 34, 39, or 40.-(1) When the duty and if any, leviable in respect of any instrument have been paid under section 34, section 39 or section 40, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereor and the n.tme and residence of the person paying them.

42 · Prosccutio11 for ofjc11c~ agaiusl Stamp Law:-The takinlt 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 to have committerl an oflence against the law relating to stamps in respect of such instrument:

44 · Power oj Govc1t1mcnl or ulhcr authorzllJ lo refund pc11alty or e::t.·ccss dufyzu cases.-(1) 'Vhere any penalty is paicl under section 34 or section 39, the Government or such other authority as may be specified by Government in this behalf may, upon application in writing made withm one year from the date of the payment, refund such penalty wholly or in part.

45 · N Oll-lwbiltliJfor loss of ws/111 mctz/s sc11l urzde1· Seclioll 37:-(1) 1f any instrument sent to the Collector under sub-section (2) of sec\ion 37 is lost, destroyed or damagild during transmission, the pt;tson sending the same shall not be liable for such loss, destruction or damage.

46 · 1\ccovcll/ of dutzcs ami j>t:llaflz,·s:-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 of the person from whom the same are due. or by any other process for the time being in force for the recovery of arrear::. of land revenne.

47 · AlloHMJzcc jot spozleclsl.rmp,:-Subject to such rulec; as may be made by the Government as to the evidence to be required, or the enquiry to he made, the Collector may, on application_made, within the period prescribed in section 48, and if he is ::,atisfied as to the f .1cb make allowance for impresc;ed stamps spoiled in the ca<>C'> hereinafter mentioned, namely:-

18 · Applnalrort {01 rc!rd muler satiott47 wltcu to be mad,:-The application for relief under section 47 shall be made Within the following periods, that ic; to say-

50 · Allow·711ce for ,f,zmt!:-(a) When any person has advertently useu for an instrument chargeable with duty, a stamp of a descnption other than that prescnbed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not chargeable with any duty; or

52 · AlttJwarzcc for stomps 11ot rcqmrcd for usc-When any person is possessed of a stamp or <>tamps w\uch have not been or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting six naya paise for each or portion of a rupee, upon such per!ion delivering up the same to be cancelled, and proving to the Collector's satisfaction-

55 · Statement of case [ly llze or otlzcr autlzortly specified blJ tlte Government to T-ltl!,lz Co111t-(l) The Government or such other authority as may be specified by Government in this behalf may state any case referred to it under sub-section (2) of section fi4 or otherwise coming to its notice, and refer such case, with its own opinion thereon, to the High Court.

56 · of HrJ!.l! Comt to call for fudlzer parlzwlars as lu slated.-lf the High Court is not satisfied that the statments contained in the case are sufficient to enable it to determine the questions thereby, the Court may refer the case back to the authori1Y by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.

57 · P1oced/lle 111 of case slated.-(1) The High Court, upon the hearing of any such case, shall decide· the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which c;uch decision is founded

58 · Stalemml oj t:ase by ollm Courts to !J,gft CoU//.-(1) If any Court, other than the High Court, feelc; doubt as to the amount of duty to be paid in respect of any instrument under proviso

59 · RcvlSIOI' of C!liam of Co111 Is ref!r.rdmg the ''fficimcu of stamps -(1) When any Court in the exercic;e of its Civil or Revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXVl of the Code of Criminal Procedure, 1898, makes any order admitting any in<>trument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penaltv under section 3i, the Court to which appeals lie from, or references are made by, such fir:;t mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration.

60 · Pmal!y j01 executm.~ e etc., 111Slrttment 11ol duly stamp~d.-(l) Any person executing or signing otherwise than as a witness any instrument chargeable with duty, without the same being duly stamped shall for every such offence be punishable with fine which may extend to five hundred rupees:

61 · Pcnaltw lor fatlttr.: l'J catted adh~sive slamp.-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 fine which may extend to one hundred rupees.

62 · Pe,ra!lt; jo1 omrwou lo comply wtlh p1ovzsro115 of scc!1o1z 28.-Any person who, with intent to defraud the Government,-

53 · Pmall11 for to de(r,IIJd the rcventte -Any person who with intent to defraud the Government of duty, practices or is concerned in any act, contrivance or device not specially punishable under this Act or any other law for the time being in force shall be punishable with fine which may extend to one thousand rupeeli.

65 · llzsltlulzo·z a11J con1ncl of pt o> ·rulto11s -(1) No proc;ecution in respect of any oftence punishable this Act or any enactment hereby repealeu, shall be instituted without the sanction of the Collector or such other officer as the Government generally, or the Collector specially, authorises in that behalf.

66 · Jumdtclrotz of M Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the First class, shall try any oftencc under this Act.

67 · Place of l11al.-Every such oftence committed in respect of any instrument may be tried m any district in which such instru· ment is found, as well as in any district in which such offence might be tried under the Code of Criminal Procedure 1898.

5 · AGREEMENT OR MEMORANDUM OF AGREEMENT-

6 · AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE, that is to say, any instrumentevidencing any agreement relat ing to-

7 · APPOINTMENT IN EXECUTION OF A POWER, WHETHER OF trustees or of Property movable or immovable, where made by any writing not being a Will

13 · BOND as defined by Section 2 (a), not being a deben~ ture and not being otherwise provided by this Act or by the Court Fees Act or other enactment for the time being in force-

14 · BOTTOMRY BOND, that is to say, any instrument whereby the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage-

15 · CANCELLATION-Instrument of (including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for

16 · CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or by the Government, Collector or other Revenue Officer-

17 · CERTIFICATE OR OTHER DOCUMENT evidencing the right or the title of the holder thereof or any other person e1ther to any share, scrip or stock in or of any incorporated company or other body corporate or to become proprietor of share, scrip or stock in or of any such company or body.

22 · COPY OR EXTRACT, certified to be a true copy or extract by ur if by order of any public officer and not ct.Jargeable under the law for the time being in force relating to court fees-,

23 · COUNTERPART OR DUPLICATE of any instrument chargeble with duty and in respect of which the proper duty has been paid-

24 · CUSTOMS BOND-

25 · DELIVERY ORDER in respect of goods, that is to say, any instrument entitling any person therein named or his assigns or the holder thereof to the dehvery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or tramfer of the property therein where such goods exceed in value twenty rupees.

26 · DIVORCE-Instrument of, that is to say, any instrument by which any ·person effects the dissolution of his marriage

28 · EXCHANGE OF PROPERTY-INSTRUMENT OF

29 · FURTHER CHARGE-instrument of, that is to say, any instrument imposing a further charge on mortgaged property-

30 · GIF f-instrument of, not being a settlement or Will or transfer.

32 · LEASE-including an under-lease or sub-lease and any agreement to let or s-ub-let.-

33 · LETTER OF ALLOTMENT OF SHARES in any company or proposed company or in respect of any loan to be raised by any company or proposed company.

34 · LETTER OF LICENCE, that is to say, any agreement between a debtor and his creditors that the latter shall for a specified term suspend their claims and allow the debtor to carry on business at his own discretion.

3S · MEMORANDUM OF ASSOCIATION OF A COMPANY-

1 · or every Rs. 100 or part thereof secured in excess of Rs I 00

47 · RELEASE, that is to say, any instrument (not being c;uch a release as is provided for bv Section 24), whereby a person renounces a cla1m upon another person or against any specified property-

4S · RESPONDENTIA BOND, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.

49 · SECURiTY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a

50 · SETTLEMENT-

51 · SHARE WARRANTS to bearer isc;ued under the Companies Act, 1956 (Central Act I of 1956).

52 · SHIPPING-ORDER for or relating to the conveyance of goods on board of any vessel.

53 · SURRENDER OF LEASE-

54 · TRANSFER (whether with or without consideration)-

55 · TRANSFER OF LEASE by way of assignment and under-lease.

57 · WARRANT FOR GOODS, that i<> to say, any instru .. .. ment evidencing the title of any person therein named or his assigns or the holder thereof to the property in any goods lymg in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.

*THE KRRALA STAMP ACT, 1959

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