(1) Any person––
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1[payable otherwise than on demand] 2*** or promissory note without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped,
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.
(1. Ins. by Act 5 of 1927, s. 5.)
(2. The word “cheque” omitted by s. 5, ibid.)
In the Indian Stamp act, 1899 (2 of 1899) in its application to the state of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words “five hundred rupees”, the words “two thousand rupees” shall be substituted.
(ii) in section 62, in sub-section (2), for the words “five hundred rupees”, the words “five thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
In sub-section (1) of section 62 of the Principal Act for the words, “shall for every such offence, be punishable with fine which may extend to five hundred rupees”, shall be substituted as follows, namely:--
“shall for every such offence, be punishable with fine which may extend to five thousand rupees”.
[Vide Uttarakhand Act 1 of 2016, s. 10]
(1) Any person who,––
(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or
(b) being required under sub-section (4) of section 9A to transfer the duty to the State Government within fifteen days of the expiry of the time specified therein, fails to transfer within such time,
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to one per cent. of the collection or transfer so defaulted.
(2) Any person who,—
(a) being required under sub-section (5) of section 9A to submit details of transactions to the Government, fails to submit the same; or
(b) submits a document or makes a declaration which is false or which such person knows or believes to be false,
shall be punishable with fine of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.]
(1. Ins. by Act 7 of 2019, s. 18 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020])
In section 62 of the principal Act, in sub-section (1), for the words, "shall, for every such offence, be punishable with fine which may extend to five hundred rupees", the words, "shall, for every such offence, be punishable with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees" shall be substituted. [Vide Uttar Pradesh Act 38 of 2001, s. 9]
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.
(2) in section 63, for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Any person who, with intent to defraud the Government,––
(a) executes any instrument in which all the facts and circumstances 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.
In section 64 of the Principal Act, the words “and where the person is liable to pay the duty shall also be liable to pay the deficient amount of duty” shall be added at the end.
[Vide Orissa Act 7 of 1987, s. 8]
(3) in section 64, in clause (c), for the words “five thousand rupees”, the words “ten thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
In. section 64 of the principal Act, for the words, "with fine which may extend to five thousand rupees," the words “imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 7]
Insertion of new sections 64-A and 64-B. After section 64 of the principal Act, the following sections shall be inserted, namely :—
Any person who either refuses or neglects to stamp a counter-part or-duplicate (including counterfoil or carbon as-copy) of any bill or cash memo on the date of its issue in accordance with Article 25-A of Schedule I-B or fails to pay the duty in cash in accordance with section II-A or where the same is paid in cash, fails to maintain a proper account thereof in accordance with sub-section (2) of section 11-A, shall for every such offence be punishable with fine which may extend to five hundred rupees.
(1) Where any person liable to pay duty under this Act is convicted of an offence under section 62 or 64, in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate shall in addition to any punishment which may be imposed for such offence, direct recovery of the amount of duty .and penalty, if any, due under this Act from such person in respect of that instrument, and such amount shall also be recoverable as if it were a fine imposed by the Magistrate.
(2) Upon such recovery the Collector shall thereupon certify by endorsement on the instrument that proper duty or penalty, as the case may be, has been levied in respect thereof.”
[Vide Uttar Pradesh Act 49 of 1975, s. 8]
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.
(4) in section 65, in clause (b), for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
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
(b) 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.
Amendment of sections 66,-In section 66, in clause (b), for the words “two hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
Any person drawing or executing a bill of exchange 1[payable otherwise than on demand] 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.
(1. Ins. by Act 5 of 1927, s. 5.)
In section 67, for the words “one thousand rupees” the words “two thousand rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
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 receives payment of, such bill or note, or in any manner negotiate the same; or,
(c) with the like intent, practices 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.
(7) in section 68, in clause (c), for the words “one thousand rupees” , the words “two thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
(a) Any person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a 1[ten naye paise or five nayepaise] 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.
(8) in section 69, in clause (b), for the words “five hundred rupees”, the words “five thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
(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 as2[the3[State Government]] generally, or the 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.
(1. Subs. by Act 19 of 1958, s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
(2. Subs. by the A.O. 1937, for “the L.G.”.)
(3. Subs. by the A.O. 1950, for “collecting Government”.)
No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.
Every such offence committed in respect of any instrument may be 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.
