Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend 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 such notes and extracts as he may deem necessary, without fee or charge.
For section 73 of the principal Act, the following section shall be substituted, namely:—
(1) Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspections whereof may tend 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 officer authorized in writing by the Collector to enter upon any premises and to inspect for such purposes the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as he may deem necessary, without fee or charge and if necessary to seize them and impound the same under proper acknowledgement:
Provided that such seizure of any registers, books, records, papers, documents or proceedings in the custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is given.
For the purposes of this proviso ‘Bank’ means a banking company as defined in section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India, constituted by the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 corresponding new Bank as define in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, a Regional Rural Bank established under the Regional Rural Bank Act, 1976, the Industrial Development Bank of India Act, 1964, National Bank of Agriculture and Rural Development Act, 1981, the Life Insurance Corporation Act, 1956, the Industrial Fiancé Corporation of India established under the Industrial Finance Corporation Act, 1948, and as such other financial or banking institution owned, controlled or managed by a State Government or the Central Government, as may be notified in this behalf by the Government.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorized under sub-section (1), produce them before such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as he may deem necessary.
(3) if, upon such inspection, the officer so authorized, is of opinion that any instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same form the person liable to pay the stamp duty and in case of default the amount of the duty shall be recovered as an arrear of land revenue.
[Vide Orissa Act 1 of 2003, s. 6]
In Explanation to sub-section (1) of Section 73 of the Indian Stamp Act, 1899, (2 of 1899) for the words and figures “the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948”, the words and figures “other public financial institutions notified under Section 4-A of the Companies Act, 1956 (1 of 1956)” shall be substituted.
[Vide Orissa Act 5 of 2004, s. 2]
After section 73 of the principal Act, the following section shall be inferred, namely :—
(1) Where the Collector has reason to believe that all or any of the instruments specified in Articles 5 and 43 of the Schedule 1-B have not been charged at all or have been incorrectly charged with duty leviable under this Act, he may authorize in writing any officer to enter upon any premises where the Collector has reason to believe that any registers, books, records, papers, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them, and to take such notes and extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take such notes and extracts as he may deem necessary."]
[Vide Uttar Pradesh Act 6 of 1980, s. 10]
In seetion:73-A of the principal Act –
(a) for sub-section (1) the following sub-section shall be substituted namely :—
"(1) 'Where the Collector has reason to believe that any instrument chargeable to duty has not been charged at all or has been incorrectly charged with duty leviable under this Act, he or any other Officer authorized by him writing in This behalf may enter upon any premises where the Collector has reason to believe that any registers, books, records papers, maps, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them and to take such notes, copies and extracts as the Collector or such officer deems necessary."
(b) in sub section (2) after the word ''papers" the Word "maps" and after the word "notes" the word "copies” shall be inserted.
[Vide Uttar Pradesh Act 22 of 1998, s. 8]
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the following matters, namely:––
(a) the manner of collection of stamp-duty on behalf of the State Government by the stock exchange or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section (1) of section 9A;
(b) the manner of collection of stamp-duty on behalf of the State Government by the depository from the transferor under clause (b) of sub-section (1) of section 9A;
(c) the manner of collection of stamp-duty on behalf of the State Government by the depository from the issuer under clause (c) of sub-section (1) of section 9A;
(d) the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A;
(e) any other matter which has to be, or may be, provided by rules.]
The Central Government may,––
(a) issue directions relating to such matters and subject to such conditions, as it deems necessary;
(b) in writing, authorise the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions, circulars or guidelines,
for carrying out the provisions of Part AA of Chapter II and the rules made there under.]
The 3[State Government] 4*** may make rules for regulating––
(a) the supply and sale of stamps an 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 5[ten nayepaise or five nayapaise] adhesive stamps.
In section 74 of the principal Act, for clause (c), the following clause shall be substituted, namely :—
“(c) the duties and remuneration of and the fees chargeable from such person.”
[Vide Uttar Pradesh Act 22 of 1998, s. 9]
The 3[State Government] may make rules to carry out 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.
(1. Ins. by Act 7 of 2019, s. 19 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020])
(2. Ins. by Act 12 of 2020, s. 144 (w.e.f. 1-4-2020).
(3. Subs. by the A.O. 1950, for “collecting Government”.)
(4. The words “Subject to the Control of the G.G. in C” omitted by the A.O.1937.)
(5. Subs. by Act 19 of 1958 s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
1[(1) All rules made under this Act shall be published in the Official Gazette.]
(2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.
2[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
3[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
4[76A.Delegation of certain powers .––5[6*** The State Government may, by notification in the Official Gazette], delegate––
(a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the Chief Controlling Revenue-authority; and
(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45 (1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.]
(1. Subs. by the A.O. 1937, for sub-section (1).
(2. Ins. by Act 7 of 2019, s. 20 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020])
(3. Ins. by Act 4 of 2005, s. 2 and the Schedule.)
(4. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. I.)
(5. Subs. by the A.O. 1937, for “The Local Government may, by notification in the Local Official Gazette”.)
(6. The words, figures and brackets “The Central Government subject to the provision of section 124(1) of the Government of India Act, 1935, and” omitted by the A.O. 1950.)
In section 76-A of the Indian Stamp Act, 1899, as amended in its application to Uttar Pradesh, in clause (b) for the figures “56 (1)” the figures and letter “56 (1) (1-A)” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2016, s. 2]
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-fee.
At the beginning of section 77 of the said Act the following words shall be inserted, namely:-
“Except for the provisions as to copies contained in section 6-A”.
[Vide Himachal Pradesh Act 4 of 1953, s. 11]
After section 77 of the principal Act the following new section shall be inserted, namely:––
In the determination of the amount of duly payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to the next higher five naye paise.
[Vide Orissa Act 35 of 1962, s. 3]
All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five nayepaise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this Act.]
Repeal of section 77-A, (Act 2 of 1899). –– Section 77-A of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred a to as the principal Act), shall be omitted.
[Vide Orissa Act 9 of 1970, s. 2]
Every State 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 2[twenty-five nayepaise] per copy.
(1. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958).
(2. Subs. by Act 19 of 1958, s. 12, “four annas” (w.e.f. 1-10-1958).
In the principal Act, for section 78, the following shall be substituted, namely,—
If the total amount of duty payable, or of allowance to be made under this Act is not a round figure, the total amount shall be rounded off the next rupee.”
[Vide Assam Act 22 of 2004, s. 5]
Section 78 of the principal Act shall be omitted.
[Vide Uttar Pradesh Act 22 of 1998, s. 10]
79. [Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and Schedule II.
