INDIAN
STAMP (UTTAR PRADESH AMENDMENT) ACT, 1975 THE INDIAN STAMP
(UTTAR PRADESH AMENDMENT) ACT, 1975 [Act No. 19 of 1975] [22nd September,
1975] An Act further to
amend the Indian Stamp Act, 1899, in its application to Uttar Pradesh. It
is hereby enacted in the Twenty-sixth Year of the Republic of India as follows: (1) This Act may be called the Indian Stamp (Uttar
Pradesh Amendment) Act, 1975. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State
Government may by notification in the Official Gazette appoint in this behalf. In
section 2 of the Indian Stamp Act, 1899, as amended in its application to Uttar
Pradesh (hereinafter referred to as the principal Act), after clause (26-A),
the following clause shall be inserted, namely: -- "27.
'quarter' means a quarter of the financial year." In
section 6-A of the principal Act, after sub-section (1), the following
sub-section shall be inserted, namely: -- 'Where
any instrument is registered in any part of India other than Uttar Pradesh and
instrument relates, wholly or partly to any property situate in Uttar Pradesh,
the copy of such instrument shall, when received in Uttar Pradesh, be liable to
be charged with the difference of stamp duty as or original under section 19-A
to the extent of and in proportion to the consideration or value of property
situated in Uttar Pradesh, and the party liable to pay stamp duty on the
original instrument shall upon receipt of notice from registering officer pay
the difference in the duty within the time allowed." After
section 11 of the principal Act, the following section shall be inserted,
namely: -- "11-A.
Payment of duty in cash on such memoes (1) Notwithstanding anything contained in section 11,
the stamp duty due under Article 25-A of Schedule I-B on a counterpart or
duplicate (including counterfoil or carbon copy) of a bill or cash memo may be
paid either by means of stamps on the date of issue of such instruments, or in
cash once in every quarter, for all such instruments issued in the previous
quarter, into the treasury or sub-treasury under such head as the State
Government may by general or special order direct. (2) The treasury challan prepared for deposit of duty
in cash shall be accompanied by such statement and shall be preserved for the
purpose of verification for such period and proper account thereof shall be
maintained in such form as the State Government may by general or special order
direct." In
section 33 of the principal Act, after sub-section (2), the following
sub-sections shall be inserted, namely: -- "
(3) Where deficiency in stamp duty paid is noticed from the copy of any
instrument, the Collector may suomotu or on a reference from any court or from
the Chief Inspector of Stamps, Uttar Pradesh or any Officer of the Stamp
Department, Board of Revenue, call for the original instrument for the purpose
of satisfying himself as to the adequacy of the duty paid thereon, and the
instrument so produced before the Collector shall be deemed to have been
produced or come in the performance of his functions. (4)
In case the instrument is not produced within the period specified by the
Collector, he may require payment of deficit stamp duty, if any, together with
penalty under section 10 on the copy of the instrument: Provided
that no action under sub-section (3) or sub-section (4) shall be taken after a
period of four years from the date of execution of the instrument." In
section 47-A of the principal Act-- (a) in subsection (1) for the words, "is less than
that determined in accordance with any rules made under this Act", the
words, "is less than even the minimum value determined in accordance with
any rules made under this Act" shall be substituted, (b) in sub-section (4), for the words, "or on a
reference from Chief Inspector of Stamps, Uttar Pradesh" the words,
"or on a reference from any court or from the Chief Inspector of Stamps,
Uttar Pradesh or any officer of the Stamp Department of the Board of Revenue,"
shall be substituted. For
section 48 of the principal Act, the following section shall be substituted,
namely: -- "48.
Recovery of duties and penalties All
duties, penalties and other sums required to be paid under this Act may be
recovered by the Collector by distress and sale of the movable property of the
person from whom the same are due or by any other process for the time being in
force for the recovery of arrears of land revenue." After
section 64 of the principal Act, the following sections shall be inserted,
namely: -- "64-A.
Penalty for omission to comply with sections 11-A and article 25-A of Schedule
I-B Any
person who either refuses or neglects to stamp a counter part or duplicate
(including counterfoil or carbon 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 11-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. 64-B.
Recovery of amount of deficit stamp duty (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 instruments, 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 there of."
Preamble - INDIAN STAMP (UTTAR PRADESH
AMENDMENT) ACT, 1975PREAMBLE