provisions of section 27. Penalty for refusal to give receipt and for de vices to evade duty on receipts. Penalty for not making out policy or making one not duly stamped. Penalty for not drawing full number of bills or marine poli. cies purport ing to be in sets. Penalty for post-dating bills, and for other devices to defraud the revenue, (Chapter VII.-Criminal Offences and Procedure. Secs. 65-68.) required by section 27 to be set forth in such instrument are not fully and truly set forth; or, (b) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or (c) does any other act calculated to deprive the Government of any duty or penalty under this Act; shall be punishable with fine which may extend to five thousand rupees. 65. 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 any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered; shall be punishable with fine which may extend to one hundred rupees. 66. 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, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or (6) makes, executes or delivers out any policy which is not duly stamped or pays or allows in account, or agrees to pay or allow in account any money upon, or in respect of, any such policy; shall be punishable with fine which may extend to two hundred rupees. 67. Any person drawing or executing a bill of exchange or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees. 68. 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 that on which such bill or note is actually drawn or made; or, (b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or (Chapter VII.-Criminal Offences and Procedure. Secs. 69-72. Chapter VIII.-Supplemental Provisions. Sec. 73.) receives payment of such bill or note, or in any manner negotiates the same; or, (c) with the like intent, practises or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be punishable with fine which may extend to one thousand rupees. 69. (2) Any person appointed to sell stamps who disobeys any rule made under section 74, and Penalty for breach of rule relating to sale of (b) Any person not so appointed who sells or offers for sale any stamp stamps and (other than a one-anna adhesive stamp); shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. for unauthorized sale. Institution of prosecu and conduct 70. (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 or such other officer as the Local Government generally, or the tions. Collector specially, authorizes in that behalf. (2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence. (3) The amount of any such composition shall be recoverable in the manner provided by section 48. 71. No Magistrate other than a Presidency Magistrate or a Magistrate Jurisdiction of Magiswhose powers are not less than those of a Magistrate of the second class, trates. shall try any offence under this Act. 72. Every such offence committed in respect of any instrument may be Place of trial. tried in any district or presidency-town in which such instrument is found as well as in any district or presidency-town in which such offence might be tried under the Code of Criminal Procedure for the time being in force. CHAPTER VIII. SUPPLEMENTAL PROVISIONS. 73. Every public officer having in his custody any registers, books, Books, etc., records, papers, documents or proceedings, the inspection whereof may tend In the North-West Frontier Province, for "Chief Controlling Revenue-authority" read "Revenue Commissioner ", see s. 6 (1) (d) of the North-West Frontier Province Law and Justice Regulation, 1901 (VII of 1901), Punjab Code, Ed. 1953. to be open Powers to make rules relating to sale of stamps. Power to make rules generally to carry out Act. Saving as to court-fees. Act to be translated, and sold cheaply. Repeal. (Chapter VIII.-Supplemental Provisions. Secs. 74-79.) to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorized in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take snehnotes and extracts as he may deem necessary, without fee or charge. 74. The Local Government, subject to the control of the Governor General in Council, may make rules1, for regulating (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of one anna adhesive stamps. 75. The Governor General in Council may make rules to carry cut generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof. 76. (1) All rules made under this Act, other than rules made under section 74, shall be published in the Gazette cf India, and all rules made under section 74 shall be published in the local Gazette. (2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act. 77. 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-fees. 78. Every Local Government shall make provision for the sale of translations of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding four annas per copy. 79. The Acts mentioned in Schedule II are repealed to the extent specifed in the fourth column thereof. 1 For such rules by the (1) Government of Bengal, see Notification No. 6442-S.R., dated the 2nd December, 1899, Calcutta Gazette, 1899, Pt. I, p. 1498; ibid, 1900, I t. 1, p. 897, ibid, 1902, Pt. I, p. 1107, and ibid. 1903, Pt. 1, p. 1380; (2) Government of the Punjab, see Punjab Gazette, 1900, Pt. I, p. 415; (3) United Provinces of Agra and Oudh, see North-Western Provinces and Oudh Gazette, 1897, t. I, p. 178; ibid, 1901, Pt. I, p. 601; ibid, 1902, Ft. I, p. 36; (4) North-West Frontier Province, see Gazette of India, 1902, t. II, p. 98; (5) Central Provinces, see Certral Provinces Gazette, 1902, Pt. III, p. 65, and ibid, 1903, Pt. III, p. 49; (6) Burma, see Burma Gazette, 1902, Pt. I, p. 82 ; (7) Ajmer-Merwara, see Gazette of India, 1903, l't. II, p. 1059; (8) Coorg see Coorg Gazette, 1886, Pt. 1, p. 525; ibid, 1: 03, Pt. I, p. €6. For instance of rules made under this section in conjunction with s. 10, see Gazette of India, 1899, Pt. I, p. 82. For rules as to payment of allowances in respect of spoiled or misused stamps, or on the renewal of debentures, see Gazette cf India, 1903, Pt. 1, p. 37. (Schedule I.-Stamp-duty on Instruments.) SCHEDULE I. STAMP-DUTY ON INSTRUMENTS. (See section 3.) Description of Instrument. 1. ACKNOWLEDGMENT of 8 debt exceeding One anna. 2. ADMINISTRATION-BOND, including 8 bond given under section 256 of the Indian Suc- (a) where the amount does not exceed Rs. 1,000 (b) in any other case Proper Stamp-duty. The same duty as a Bond (No. 15) X of 1865. V of 1881. VI of 1889. V of 1869, IX of 1874. (Schedule I-Stamp-duty on Instruments.) SCHEDULE I-continued. Description of Instrument. 5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT (a) if relating to the sale of a Government One anna. pany or other body corporate, or a bill of (b) if not otherwise provided for . Exemptions. Agreement or memorandum of agreement (a) for or relating to the sale of goods or mer. (b) made in the form of tenders to the Government (c) made under the European Vagrancy Act, AGREEMENT TO LEASE. See LEASE (No. 35). (a) when such loan is repayable more than three (b) when such loan is repayable not more than Proper Stamp-duty. Eight annas. The same duty as a Bill of Exchange [No. 13 (b)] for the amount secured. Half the duty payable on a Bill of Exchange No. 13 (b)] for the amount secured. Exemption. See Exemptions under MORTGAGE-DEED (No. 40). 7. APPOINTMENT IN EXECUTION OF Fifteen rupees. A POWER, whether of trustees or of property, 1 For notification remitting the duty on such instruments for the cultivation of the hemp plant made by cultivators in the Madras Presidency, see Gazette of India, 1951, Pt. I, p. 32. |