ANDHRA PRADESH STAMP (INCREASE OF DUTIES) ACT, 1967

Preamble - ANDHRA PRADESH STAMP (INCREASE OF DUTIES) ACT, 1967

THE ANDHRA PRADESH STAMP (INCREASE OF DUTIES) ACT, 1967

[Act No. 10 of 1967]

[09th October, 1967]

PREAMBLE

An Act to increase the stamp duties chargeable on certain instruments under the Indian Stamp Act, 1899 as in force in the State of Andhra Pradesh.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Eighteenth Year of the Republic of India as follows:--

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Stamp (Increase of Duties) Act, 1967.

 

(2)     It extends to the whole of the State of Andhra Pradesh.

 

(3)     It shall [1]come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

 

Section 2 - Rates of stamp duty on certain instruments to be increased by fifty percent

Any instrument described in any of the undermentioned Articles of Schedule I-A to the Indian Stamp Act, 1899 (Central Act 2 of 1899) (hereinafter referred to as the principal Act), shall be chargeable with one and a half times the amount of the stamp duty with which such instrument was chargeable immediately before the date of the commencement of this Act, and the said Articles shall be read and construed accordingly:--

Articles 1 to 10; 12 to 21; 23 to 25; 27 to 51; clauses (a), (c) and (d) of article 53; and articles 54 to 56;

 

Section 3 - Central Act 2 of 1899 to have effect subject to certain amendments

The principal Act shall have effect as if,--

(1)     in sub-section (1) of section 4 and in the proviso to section 6, for the words "three rupees", the words "four rupees, fifty paise" had been substituted;

 

(2)     in clause (a) of section 11, for the words "ten nayepaise", the words "twenty paise" had been substituted;

 

(3)     in clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41, for the words "ten nayepaise" and "twenty-five nayepaise", the words "twenty paise" and "forty paise" had respectively been substituted;

 

(4)     In Schedule I-A?

 

(i)       in Article 21, in clause (i), in column (1) for the words "one rupee", the words "two rupees, thirty paise" bad been substituted;

 

(ii)      in Article 22?

 

(a)      in clause (a), in column (1), for the words "three rupees", the words "four rupees, fifty paise" had been substituted;

 

(b)      in clause (b), in column (2), for the words "three rupees", the words "four rupees, fifty paise" had been substituted;

 

(iii)     in Article 52,--

(a)      in clause (a), in column (1), for the words "fifteen rupees", the words "twenty-two rupees, fifty paise" had been substituted;

 

(b)      in clause (b), in column (2), for the words "fifteen rupees", the words "twenty-two rupees, fifty paise" had been substituted;

 

(iv)    in Article 53, in clause (b)?

 

(a)      in sub-clause (i), in column (1), for the words "fifteen rupees", the words "twenty-two rupees, fifty paise" had been substituted;

 

(b)      in sub-clause (ii), in column (2), for the words "fifteen rupees", the words "twenty-two rupees, fifty paise" had been substituted.

 

Section 4 - Insertion of new section 75-A

After section 75 of the principal Act, the following section shall be inserted, namely:--

75-A. Rules made by the State Government to be laid before the State Legislature.

(1)     All rules made by the State Government under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published in the Official Gazette.

 

(2)     Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session, and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled, 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."

 

Section 5 - Substitution of new section for section 78

For section 78 of the principal Act, the following section shall be substituted, namely:--

78. "Duty to be paid or allowance to be made for fractions of ten paise.

In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of ten paise equal to or exceeding five paise, shall be counted as ten paise, and other fractions of ten paise shall be disregarded."