Penalty for execution, etc., Instrament not duly stamped. 61. Penalties for failure 1o cancel adhesive stamp. — THE KRRALA STAMP ACT, 1959

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

60 Penalty for execution, etc., Instrament not duly stamped. 61. Penalties for failure 1o cancel adhesive stamp. 62. Penalty for omission to comply with provisions of sec .. i y tion 28. Penalty for devices to defraud the revenue. Penalty for breach of rule relating to sale of stamps and Institution and conduct of prosecutions. 66. Jurisdiction of Magistrates. Place of trial. CHAPTER VIII SUPPLEMENTAL PROVISIONS Books etc., to be open to inspection. 89. Power to make rules. Saving as to Court Fees. 71. Application af the Indian Stamp Act, l d i 189~. 73. pp Repeal and Savings. Saving as to certain stamps. 72. SCHEDULE ) *THE KRRALA STAMP ACT, 1959. (ACT 17 OF 1959) A11 ACT to collsolrdafe and amwd Lite law relalt1l~ to Stamps i11 Llzc Stale of Kcrn/n. WHEREAS it is expedient to consolidate and amend the law relating to stamps in the State of Kerala; BE it enacted in the Tenth Year of the Republic of India as follows:- CHAPTER 1 PRELIMiNARY Sltorlltt!c, cxlml a11d commertcc·nc111.-(l) This Act may be called the Kerala Stamp Act, 1959. It extends to the whole of the State of Kerala. It shall come into force on such date as the Government may, by notification in the Gazette, appoint. De/mzli'Jtts.-ln this Act, unless the context otherwise requires,- ( a) "bond" includes- (i) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed as the case may be; (ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money t0 another; and (iii) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another; (b) "chargeable" means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instrument chargeable under the law in force in the territories of the State of Kerala when. such instrument was executed, or, where several persons executed the instrument at d1fferent times, first executed; *Received the assent of the Pres1dent on 28th May 1959 and published m the Gazett¢ E'>traordmary dated !?th June 1959. (c) "Collector" means the Chief Officer in charge of the Revenue Administration of a district; and includes any other officer whom the Government may, by notification in the G.uette, appoint in thi-; behalf; (J) "conveyance" includes a conveyance on sale and every instrument by which property, whether _moveable, or immovable transferred mlm·Izas anti which is not otherwise specifically provided for the Schedttlc; (e) "duly stamped'' as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper and that such stamp has been affixed or used in accordance with the law for the time being in force in the territories of the State of Kerala; (f) "executed" and "execution'' used with reference to in· struments, mean "signed" and "signature,; (g) "Government security" means a Government security a~ defined in the Publlc Debt Act, 1244 (Central Act 18 of 1944); (h) "impressed stamp" includes- (i) labels affixed and impressed by the proper officer; and (ii) stamps embossed or engraved on stamped paper; (i) ''India" means the territory of India excluding the State of Jammu and Kashmir; ( 1). "instrument" includes every docmnent by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded but does not mculde a bill ot exchange, promissory note, bill of lad1ng, letter of credit, policy of insurance, transfer of share,debenture, proxy and receipt; (k) "instrument of partition'' means any instrument whereby co-owners of any property divide or agree to divide such property in severality, anu wcludes abo a final order for eftdcting a partition passed by any Revem.:e Authority or any Civil Court and an award by an arbitrator directing a partition; (I) "lease" means a lease of immovable property, ar1d includes also- (i) Marayapatlom; (ii) Kanapattom; (iii) an agreement or other undertaking in writing not being a counterpart of a lease, to cultivate, occupy, cr pay or deliver rent for immovable property; ' I I (iv) an agreement or other undertaking in writing, executed by the renters of abkari and opium farms; (v) any instrument by which tolls of any description are Jet; (vi) any writing on an application for a lease intended to signify that the application is granted; and (vii) a patta. (m) "marketable security" means a security of such a description as to be capable of being sold in any stock market in India; (n) "mortgage deed" includes every instrument whereby, for the purpose of securing money advanced, or to be aclvanceu, by way of lean, or an'existing or future debt, or the performance of an engagement, one person transfers, or creaters, to or in favour of another, a right over or in respect of specified property; (o) ''paper" includes vellum, parchment or any other material on which an instrument may be written; (P) "power-of-attorney" includes any instrument (not chargeable with a fee under the law relating to Court fees for the time being in force) empowering a specified per<>on to act for and in the name of the person executing it; (q) "settlement·' means any non-testamentary disposition in writing, of movable or immovable property made(i) in consideration of marriage, (ii) for the purpose of distributing property of the settler among hi-; fanuly or those for whom he desires to proviue, or for the purpose of providing for some person dependent on him, or (iu) for any religious or chartiable purpose; and include:; an agreement in writing to make such a disposition, (and where any such disposition has not been made in woting, any instrument recording whether by way of declaration, of trust or otherwbe, the terms of any such disposition); anything made for the conveyance by (r) "vessel" water, of human beings or property. ' CHAPTER II STAMP DUIIES. A. Of the Liability of Instruments to Duty. lmtrumertls chat·geab!e wuh duly.-Sub,ect to the provisions of this Act and the exemptions contained in the the following instruments shall be chargeable with duty of the amount incHcated in that Sclzedule as the proper duty therefor, respec· tivcly, that iii to say- (a) every instrument mentioned in the Sclzcdule which, not having been previously executed by any person, is executed in the territories of the State of K erala on or after the commencement of this Act; and (b) every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed out of the State of Kerala on or after that day, relates to any property situate, or to any matter or thing done or to be done, in the territories of the State of Kerala and is received in the territories of the State of Kerala: ' Provided that no duty shall be chargeable in respect of(1) any instrument, executed by, or on behalf, of or in favour of, the Central Government or this or any other State Government, in cases where, but for this exemption, the Central Governruent or the State Government, would be liable to pay the duty chargeable in respect of such instrument; (2) any instrumennt for sale, transfer or other disposition either absolutely or by way of mortagage or otherwise of any ship or vessel or any part, interest, share or property of or in any ship or vessel.

Section 60