The Stamp Act, 1899

( ACT NO. II OF 1899 )

♠An Act to consolidate and amend the law relating to stamps.

 
 
 

WHEREAS it is expedient to consolidate and amend the law relating to stamps; It is hereby enacted as follows:-

 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement.

2. Definitions

A.-- Of the Liability of Instruments to Duty.

3. Instruments chargeable with duty.

4. Several instruments used in single transaction of sale, mortgagee or settlement.

5. Instruments relating to several distinct matters.

6. Instruments coming within several descriptions in Schedule I.

6A.[Omitted]

7. Policies of sea-insurance.

8. Bonds, debentures or other securities issued on loans under Act XI of 1879.

9. Power to reduce, remit or compound duties.

B.--Of Stamps and the mode of using them.

10. Duties how to be paid.

11A. Payment of stamp duties on insurance policy in certain cases by challan, pay order or Bank draft.

11. Use of adhesive stamps.

12. Cancellation of adhesive stamps.

13. Instruments stamped with impressed stamps how to be written.

14. Only one instrument to be on same stamp.

15. Instruments written contrary to section 13 or 14 deemed unstamped.

16. Denoting duty

C.--Of the Time of Stamping instruments.

17. Instruments executed in Bangladesh.

18. Instruments other than bills, and notes executed out of Bangladesh.

19A. [Omitted]

19. Bills and notes drawn out of Bangladesh.

D.- Of Valuations for Duty.

20. Conversion of amount expressed in foreign currencies.

21. Stock and marketable securities how to be valued.

22. Effect of statement of rate of exchange or average price.

23. Instruments reserving interest.

23A. Certain instruments connected with mortgagees of marketable securities to be chargeable as agreements.

24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.

25. Valuation in case of annuity, etc.

26. Stamp where value of subject-matter is indeterminate.

27. Facts affecting duty to be set forth in instrument.

28. Direction as to duty in case of certain conveyances.

E.-- Duty by whom payable.

29A. [Omitted]

29. Duties by whom payable.

E.-- Duty by whom payable.

30. Obligation to give receipt in certain cases.

31. Adjudication as to proper stamp.

32. Certificate by Collector.

33. Examination and impounding of instruments.

34. Special provision as to unstamped receipts.

35. Instruments not duly stamped inadmissible in evidence, etc.

36. Admission of instrument where not to be questioned.

37. Admission of improperly stamped instruments.

38. Instruments impounded how dealt with.

39. Collector’s power to refund penalty paid under section 38, sub-section (1).

40. Collector’s power to stamp instruments impounded.

41. Instruments unduly stamped by accident.

42. Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.

43. Prosecution for offence against Stamp-law.

44. Persons paying duty or penalty may recover same in certain cases.

45. Power to Revenue-authority to refund penalty or excess duty in certain cases.

46. Non-liability for loss of instruments sent under section 38.

47. Power of payer to stamp bills and promissory notes received by him unstamped.

48. Recovery of duties and penalties.

48A. [Omitted]

49. Allowance for spoiled stamps.

50. Application for relief under section 49 when to be made.

51. Allowance in case of printed forms no longer required by Corporations.

52. Allowance for misused stamps.

53. Allowance for spoiled or misused stamps how to be made.

54. Allowance for stamps not required for use.

55. Allowance on renewal of certain debentures.

56. Control of, and statement of case to, Chief Revenue-authority.

57. Statement of case by Chief Revenue-authority to High Court Division, etc.

58. Power of High Court Division, etc., to call for further particulars as to case stated.

59. Procedure in disposing of case stated.

60. Statement of case by other Courts to High Court Division, etc.

61. Revision of certain decisions of Courts regarding sufficiency of stamps.

62. Penalty for executing, etc., instrument not duly stamped.

63. Penalty for failure to cancel adhesive stamp.

64. Penalty for omission to comply with provisions of section 27.

65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.

66. Penalty for not making out policy, or making one not duly stamped.

67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.

68. Penalty for post-dating bills, and for other devices to defraud the revenue.

69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale.

70. Institution and conduct of prosecutions.

71. Jurisdiction of Magistrates.

72. Place of trial.

73. Books, etc., to be open to inspection.

74. Powers to make rules relating to sale of stamps.

75. Power to make rules generally to carry out Act.

76. Publication of rules.

76A. Delegation of certain powers.

77. Saving as to court-fees.

78. Act to be translated and sold cheaply.

79. [Repealed.]

Schedule

SCHEDULE