Indian Stamp Act
Indian Stamp Act
Number of Schedule – 2
After Schedule to the said Act Schedule I-A shall be inserted for the purpose of Himachal
Pradesh.
Definitions (S. 2)
(2) “Bill of exchange” means a bill of exchange as defined by the Negotiable Instruments
Act, 1881, and includes also a hundi, and any other document entitling or purporting to
entitle any person, whether named therein or not, to payment by any other person of, or to
draw upon any other person for, any sum of money;
(a) an order for the payment of any sum of money by a bill of exchange or promissory note,
or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of
money, or for the payment of any sum of money out of any particular fund which may or
may not be available, or upon any condition or contingency which may or may not be
performed or happen;
(b) an order for the payment of any sum of money weekly, monthly, or at any other stated
period; and
(c) a letter of credit, that is to say, any instrument by which one person authorizes another to
give credit to the person in whose favour it is drawn;
(4) “Bill of lading” includes a “through bill lading”, but does not include a mate's receipt;
(a) 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;
(b) any instrument attested by a witness and not payable to order or bearer, whereby a person
obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other
agricultural produce to another;
(6) “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 India when such instrument was executed or,
where several persons executed the instrument at different times, first executed;
(7) “Cheque” means a bill of exchange drawn on a specified banker and not expressed to be
payable otherwise than on demand;
(11) “Duly stamped” as applied to an instrument, means that the instrument bears an
adhesive or impressed stamp of not less than the proper amount and that such stamp has been
affixed or used in accordance with the law for the time being in force in India;
(12) “Executed” and “execution” used with reference to instruments, mean signed and
signature;
(a) a patta;
(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate,
occupy, or pay or deliver rent for, immovable property;
(d) any writing on an application for a lease intended to signify that the application is
granted;
(17) “Mortgage-deed” includes every instrument whereby, for the purpose of securing
money advanced, or to be advanced, by way of loan, or an existing or future debt, or the
performance of an engagement, one person transfers, or creates, to, or in favour of, another, a
right over or in respect of specified property;
(b) a life-policy, and any policy insuring any person against accident or sickness, and any
other personal insurance;
(21) “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 person to act for
and in the name of the person executing it;
(26) “Stamp” means any mark, seal or endorsement by any agency or person duly
authorised by the State Government, and includes an adhesive or impressed stamp, for the
purposes of duty chargeable under this Act.
Stamp-Duties
S. 3
(a) Every instrument mentioned in that Schedule which, not having been previously
executed by any person, is executed in India on or after the first day of July, 1899;
(b) Every bill of exchange payable otherwise than on demand or promissory note drawn or
made out of India on or after that day accepted or paid or presented for same or endorsed,
transferred or otherwise negotiated in India;
(c) Every instrument (other than bill of exchange or promissory note) , not having been
previously executed by any person, is executed in India on or after that day relates to
any property situated, or to any matter or thing done or to be done in India and is
received in India.
Provided that, notwithstanding anything contained in clauses (a), (b) or (c)
of this section or in Schedule I, and subject to the exemptions contained in
Schedule I-A, the following instruments shall be chargeable with duty of
the amount indicated in Schedule I-A, as the proper duty therefor,
respectively, that is to say:
(aa) every instrument mentioned in Schedule I-A as chargeable with duty
under that Schedule which, not having been previously executed by any
person is executed in the Himachal Pradesh on or after the date of
commencement of this Act
(bb) every instrument mentioned in Schedule I-A as chargeable with duty
under that Schedule, which, not having been previously executed by any
person, is executed out of Himachal Pradesh, on or after the date of
commencement of this Act and relates to any property situated, or to any
matter or thing done or to be done in the Himachal Pradesh, and is
received in the Himachal Pradesh
S. 4&5
(b) in accordance with the provisions of this section, the duty chargeable on an instrument
of sale, mortgage or settlement other than a principal instrument or on a counterpart,
duplicate or copy of any instrument shall, if the principal or original instrument would,
when received in Himachal Pradesh, have been chargeable, under the Indian Stamp
(Himachal Pradesh Amendment) Act, 1952, with a higher rate of duty with which the
principal or original instrument would have been chargeable under section 19-A.
Provided that a court before which any such instrument, counterpart, duplicate or copy is
produced, shall permit the duty chargeable under this section, to be paid thereon and shall
then receive it in evidence.
Notwithstanding anything, any local authority raising a loan under the provisions of
Local Authorities Loans Act, 1879, or any other Act – by the issue of bonds,
debentures or other securities – chargeable with one per centum of the total
amounts of such securities – and they need not be stamped and chargeable with any
further duty on renewal, consolidation, sub-division or otherwise.
In case of willful neglect to pay the duty – local authority shall be liable to forfeit to
the govt. a sum equal to ten per centum upon the amount of the duty payable – and
like penalty for every month for which neglect continues. (S. 8)
Notwithstanding anything-
(a) an issuer, by issue of securities to one or more depositories, shall be chargeable with
duty on total amount of securities issued by it and such securities need not be stamped;
(b) transfer of registered ownership of securities from a person to a depository or from
depository to a beneficial owner shall not be liable to duty. (S. 8A)
Notwithstanding anything-
(a) A scheme for corporatization or demutualization or both of a recognized stock
exchange; or
(b) Any instrument relating to transfer of any property, business, asset, contract, right,
liability and obligation, in connection with or for the purpose of, corporatization or
demutualization or both
Negotiable warehouse receipts shall not be liable to stamp duty. (S. 8C)
Agreement or document for assignment of “receivables” [S. 2(p) of Factoring
Regulation Act, 2011] in favour of any factor shall be liable to any duty. (S. 8D)
Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
a bank into a holding company of bank shall not be liable to duty. (S. 8E)
Agreement or document for transfer or assignment of rights or interests in financial
assets of banks or financial institutions u/S. 5 of SARFAESI Act in favour of any asset
reconstruction company shall not be liable to stamp duty. (S. 8F)
Payment of duties (S.10)
(a) instruments chargeable with a duty not exceeding ten naye paise, except parts of
bills of exchange payable otherwise than on demand and drawn in sets;
(b) bills of exchange and promissory notes drawn or made out of India;
(c) entry as an advocate, vakil or attorney on the roll of a High Court;
(d) notarial acts; and
(e) transfers by endorsement of shares in any incorporated company or other body
corporate.
Whoever affixes any adhesive stamp – shall cancel when affixing – so that it can’t be
used again.
Whoever executes any instrument on paper bearing an adhesive stamp – shall cancel it at
the time of execution unless it has been cancelled already.
Any instrument which has not been cancelled barring its subsequent use – shall be
deemed to be unstamped.
A person may cancel by – writing on or across the stamp his name or initials or the name
or initials of his firm with true date of his so writing – or other effectual manner.
Impressed stamp
Every instrument written upon a paper stamped with impressed stamp – written in such
manner that the stamp may appear on the face of it and can’t be used for any other
instrument. (S. 13)
Only one instrument to be written on same stamp – it does not bar endorsement for which
no stamp duty is liable to be paid. (S. 14)
Instrument written contrary to S. 13 or S. 14 deemed to be unstamped. (S. 15)
All instruments chargeable and executed in India – stamped before or at the time of
execution. (S. 17)
Every instrument chargeable with duty executed only out of India and not being a bill
of exchange or promissory note – may be stamped within three months after it has
been received in India.
When such instrument cannot be stamped by private person – may be taken within the
said period of three months to the Collector – who shall stamp in such manner as the
State govt. may prescribe and for such value as required.
In case of bills of exchange payable otherwise than on demand or promissory note drawn
or made out of India – the first holder of them in India shall affix proper stamp and cancel
the same – before he presents the same for acceptance or payment, or endorses, transfers
or otherwise negotiates the same in India.
If such BoE or notes comes into hands of holder in India, the proper adhesive stamp
affixed and cancelled as per S. 12 and holder has no reason to believe otherwise, it shall
be deemed to have been duly affixed and cancelled as far as holder is concerned. (S. 19)
Adjudication as to stamps
When any instrument, whether executed or not and whether previously stamped or not, is
brought to the Collector for his opinion as to duty (if any) with which it is chargeable –
and fees (not exceeding Rs. 5 and not less than fifty naiye paise) is paid by applicant,
Collector shall determine the duty with which the instrument is chargeable as per
his judgment.
For determination Collector may require to produce – abstract of instrument, affidavit or
other evidence as may deem necessary to prove that facts affecting chargeability and duty
are fully and truly set forth – he may refuse to determine until such abstract and affidavit
is not furnished accordingly.
Provided that:
(a) No evidence furnished under this section shall be used against a person in any civil
proceeding except to enquire as to chargeability of instrument; and
(b) Every person by whom evidence is furnished, shall, on payment of full duty, be relieved
from any penalty which he may have incurred by reason of omission to truly state facts as
to chargeability.
Instrument brought u/S.31 to Collector-
Effect – any endorsement made shall be deemed to be duly stamped or not chargeable
and, if chargeable, shall be receivable in evidence and may be acted upon and
registered as if it had been originally duly stamped.
Collector shall not endorse-
(a) Instrument other than an instrument chargeable with a duty under clause (bb) of the
first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh
Amendment) Act, 1952 first executed in India – brought to him after expiry of one month
from date of its execution;
(b) Instrument first execute out of India – brought to him after expiry of three months after
first received in India;
(c) Instrument or BoE or promissory note on paper not duly stamped.
(d) Any instrument chargeable with duty under clause (bb) of the first proviso to section 3
as amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952 - brought
to him after the expiration of three months from the date on which it is first received in
Himachal Pradesh
When any instrument chargeable with duty, in opinion of, every person by law or
consent of parties having authority to receive evidence, and every person in charge
of public office (except police officer) – produced or comes before him in performance
of his duties – instruments appear to be not duly stamped – he shall impound the same.
For that purpose every person shall examine the instrument to ascertain whether it is
stamped with value and description required by law in force in India at the time of
execution.
Nothing herein contained shall require any Magistrate or Judge of Criminal Court to
examine or impound, any instrument coming before him in course of proceeding other
than proceeding under Chapter XII or Chapter XXXVI of CrPC, if he does not think
fit.
For the purpose of this Section – State Govt. may determine what offices shall be deemed
to be public offices and who shall be deemed to be person in charge of public office. (S.
33)
An instrument not duly stamped shall not be admissible in evidence for any purpose
by any person having by law or consent of parties authority to receive evidence, or shall
not be acted upon, registered or authenticated by any such person or any public officer.
Provided that
(a) Any such instrument shall be admitted in evidence on payment of duty or insufficient
stamp duty, together with penalty of five rupees, or when ten times of duty or deficiency
exceeds five rupees then sum equal to ten times as penalty;
(b) Where any person from whom a stamped receipt could have been demanded and that
would be admissible in evidence, he has given an unstamped receipt then it shall be
admissible in evidence on payment of a penalty of rupees one by person tendering it;
(c) Contract or agreement is effected by correspondence consisting of two or more letters
and any one of them bears the proper stamp, it shall be deemed to be duly stamped;
(d) Nothing shall prevent the admission of any instrument in evidence in any proceeding in
Criminal Court, other than proceedings under Chapter XII or Chapter XXXVI of CrPC;
(e) Nothing prevents admission of any instrument executed by or on behalf of the Govt. or
where it bears the certificate of the Collector u/S. 32 or any other provision of the Act.
Where an instrument has been admitted in evidence – such admission shall not be
questioned at any stage of any suit or proceeding, on the ground of not duly stamped,
except u/S. 61. (S. 36)
When Collector impounds any instrument u/S. 33 or receives any instrument from any
officer who has impounded u/S. 38(2) – not being an instrument chargeable with a duty
not exceeding ten naye paise only or a BoE or promissory note, he shall adopt following
procedure-
(a) If he is of opinion that its duly stamped or is not chargeable – shall certify by
endorsement that it is duly stamped or that it is not so chargeable – such certificate shall
be conclusive evidence.
(b) If he of opinion that it is chargeable with duty and is not duly stamped – he shall
require payment of proper duty or the deficient amount, together with a penalty of five
rupees; or, if he thinks fit, an amount not exceeding ten times the amount of proper or
deficient duty whether amount exceeds or falls short of rupees five.
Collector may make allowance for impressed stamps, subject to rules made by State
govt. as to evidence and making enquiry, on application made, in the following cases-
(a) Stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error
by any means rendered unfit for the intended purpose before execution of the intented
instrument;
(b) Stamp on any document – written wholly or in part – not signed or executed by any
party;
(c) In case of bills of exchange payable otherwise than on demand or promissory notes-
(i) Stamp on any such BoE signed by or on behalf of drawer which has not been
accepted or which has not been used in any manner whatever
(ii) Stamp on promissory note signed by or on behalf of maker – not used in any manner
or delivered out of his hands;
(iii) Stamp used or intended to be used for any such BoE promissory note signed by or on
behalf of drawer – but which from error or omission is rendered useless – provided
another completed and duly stamped BoE or Promissory note identical in particulars
except corrections is produced.
(d) Stamp used for an instrument executed by any party thereto, which –
(i) Afterwards found to be absolutely void in law from beginning;
(ii) Afterwards found unfit for original purpose because of any error or mistake;
(iii) Death of a necessary party to execution without having executed or on refusal of such
person to execute, it cannot be completed to effect the intended transaction;
(iv) For want of execution by some material party, and his inability or refusal to sign
makes it insufficient and incomplete for the intended purpose;
(v) Refusal of any person to act under the same or to advance money intended to be
secured or by refusal or non-acceptance of any office thereby granted, totally failing
the intended purpose;
(vi) Intended transaction being effected by some other instrument between same
parties and bearing a stamp of not less value;
(vii) Deficient in value and intended transaction being effected by some other instrument
between same parties and bearing a stamp of not less value;
(viii) Inadvertently and undesignedly spoiled, and in its lieu another instrument is made
and executed between same parties for same purpose.
Provided in case of executed instrument, no legal proceeding has been commenced in which
instrument could have been given in evidence and that it is given up to be cancelled.
Certificate of Collector u/S. 32 that full duty has been paid – effect of an impressed
stamp. (S. 49)
A person inadvertently used – stamp of other than the prescribed description or of a
greater value or used any stamp for an instrument not chargeable with duty or stamp
rendered useless u/S. 15 because of being written in contravention of S. 13 – the
Collector may, on application made within six months after date of execution, and if
chargeable then being re-stamped with proper duty, cancel and allow as spoiled the stamp
so misused or rendered useless. (S. 52)
The power exercisable by a Collector under Chapter IV and Chapter V and u/S. 26(a) –
subject to the control of the Chief Controlling Revenue – Authority.
If any Collector, acting under S. 31, 40 or 41, has doubt about amount of duty – he may
draw up a statement of case and refer it with his own opinion, for the decision of the
Chief Controlling Revenue – Authority – such Authority shall consider the case and send
a copy of its decision to Collector – who shall proceed to charge the duty (if any) in
conformity with such decision. (S. 56)
Criminal offences and Procedure
Section Offence Penalty
Number
62 Any person Fine which may
(a) Drawing, making, issuing, endorsing, extend to five
transferring or signing otherwise than as a hundred rupees
witness or presenting for acceptance or payment
or accepting or otherwise negotiating, any BoE
payable otherwise than on demand or
promissory note, not duly stamped
(b) Executing or signing otherwise than as a
witness any instrument not duly stamped
(c) Voting or attempting under nay proxy not duly
stamped
62 Share warrant is issued without being duly stamped, Fine which may
the company and its managing director, or secretary or extend to five
its principal officer will be liable hundred rupees
62A Any person who, fine which shall
(a) being required under sub-section (1) of section 9A not be less than
to collect duty, fails to collect the same; or one lakh rupees,
(b) being required under sub-section (4) of section 9A to but which may
transfer the duty to the State Government within fifteen extend up to one
days of the expiry of the time specified therein, fails to per cent. of the
transfer within such time, collection or
transfer so
defaulted.
62A Any person who,-- fine of one lakh
(a) being required under sub-section (5) of section 9A to rupees for each
submit details of transactions to the Government, fails to day during which
submit the same; or such failure
(b) submits a document or makes a declaration which is continues or one
false or which such person knows or believes to be false crore rupees,
whichever is less.
63 Failure to cancel adhesive stamp as per S. 12 Fine which may
extend to one
hundred rupees
64 Any person, with intent to defraud govt.- Fine which may
(a) Executes any instrument without fully and extend to five
truly setting forth contents required by S. 27 thousand rupees
(b) Employed or concerned with preparation of such
document, neglects or omits to fully and truly set
forth such facts circumstances as required
(c) Does any other act to deprive govt. of any
penalty
65 Any person Fine which may
(a) Refuses or neglects to give a receipt required extend to five
u/S. 30 hundred rupees
(b) With intent to defraud govt., for payment of
money or delivery of property above 20 rupees,
gives a receipt for value not exceeding twenty
rupees
66 Any person is liable for not making out a policy within Fine which may
one month after receiving or taking credit for extend to two
consideration or premium or for making a policy which hundred rupees
is not duly stamped
67 Any person not draws or executes full number of a Fine which may
BoE payable otherwise than on demand or marine extend to one
insurance policies which the set of copies purport to thousand rupees
consist
68 Any person, draws or makes post dated BoE or Fine which may
promissory notes or endorses or negotiates etc. such extend to one
bills or deals in other such acts and devices not thousand rupees
provided by this Act
69 Any person, appointed to sell stamps disobeys rules Imprisonment
made u/S. 74 (by State govt.) or sells any stamps which may extend
without authority (other than ten or five naye paise to six months or
adhesive stamps) Fine which may
extend to five
hundred rupees or
both
Note:
o The Indian Stamp Act, 1899 – in red ink
o The substituted or the inserted provisions for Himachal Pradesh are
written in Bold and italics.