[Act 28 of 1863] [16th May, 1863] Not in force in
India Passed by the Governor-General of India in Council. (Received the
assent of the Governor-General on the 16th May 1863.) An Act to remove doubts as to the operation of Act X of 1862 (to
consolidate and amend the law relating to Stamp Duties) in the Settlement of
Prince of Wales' Island, Singapore, and Malacca, between the first day of
November 1862, and the first day of January 1863; and respecting the rate of
exchange for payment of Stamp Duties, in the Currency of India, in the said
Settlement. Whereas by a Notification of the Governor-General of India in
Council, dated the thirtieth day of May 1862, it was directed that all Deeds,
Instruments, or Writings, executed in the Straits' Settlement, should be exempt
from the Duties prescribed in Act X of 1862 (to consolidate and amend the law
relating to Stamp Duties); and whereas by another Notification of the
Governor-General of India in Council, dated the first day of November 1862, it
was ordered that the temporary suspension of the operation of the said Act X of
1862 in the Straits' Settlement, under the said Notification dated the
thirtieth of May 1862, should cease and determine from the said first day of
November 1862; and whereas by a further Notification of the Governor-General of
India in Council, dated the sixth of November 1862, His Excellency in Council
was pleased to exempt, until further orders, all Deeds, Instrument and
Writings, enumerated in Schedule B of the said Act X of 1862, from the Duties
prescribed in that Schedule; and whereas, afterwards, the Governor of the
Straits' Settlement suspended the operation of the said Act X of 1862 in the
said Settlement, until the first day of January 1863 and whereas, in
consequence of such suspension of the operation, of the said Act, many
penalties have been incurred and many Deeds, Instruments, and Writings, have
been rendered invalid, or inadmissible in evidence, and it is expedient that
such effects should be removed; and whereas it is also expedient to remove all
doubt as to the rate of exchange for the payment of Stamp Duties, in the
Currency of India, in the said Settlement; It is enacted as follows:? The said Act X of 1862 shall be held not to have come into operation in
the said Settlement before the first day of January 1863. The said Act X of 1862, except Schedule B, shall be held to have come
into operation in the said Settlement on the said first day of January 1863.
The said Schedule B shall come into operation in the said Settlement from such
time as the Governor-General of India in Council shall, under the authority
vested in him by Section XXXIII of the said Act X of 1862, by an order to be
published in the Calcutta Gazette, appoint. For the purpose of fixing the rate at which Stamp Duties, payable in the
Currency of India, under the said Act X of 1862, on Deeds, Instruments, and
Writings, which are liable to Stamp Duty in the said Settlement, shall be
calculated and paid, when the Deeds, Instruments, or Writings, in respect of
which such Duties are payable, are Deeds, Instruments, or Writings, in which
the amount or value on which the Stamp Duties is payable is not expressed or
estimated in such Currency, it shall be lawful for the Governor of the said
Settlement, from time to time, by a Notification to be published in the
Official Gazette, to fix the rate at which Stamp Duties under the said Act X of
1862 will be taken by Government on such Deeds, Instruments, and Writings, as
aforesaid; and every such Deed, Instrument, and Writing, which shall be stamped
with the full and proper stamp or stamps required by the said Act X of 1862,
calculated according to the rate of exchange which shall have been fixed by the
said Governor, by a Notification as aforesaid (which Notification shall be in
force, and not rescinded by any other such Notification as aforesaid, at the
time when such Deed, Instrument, or Writing, became liable to Stamp Duty),
shall be held to be duly stamped under the said Act X of 1862. Every Deed, Instrument, or Writing, liable to Stamp Duty in the said
Settlement, which, before the time when the last preceding Section and this
Section of this Act shall come into operation, shall have been stamped with the
full and proper stamp or stamps required by the said Act X of 1862, calculated
according to the rate fixed by a Notification of the said Governor before the
time when the said Sections shall come into operation, (which Notification
shall be in force, and shall not have been rescinded by any other such
Notification, at the time when such Deed, Instrument, or Writing, became liable
to Stamp Duty), shall be held to have been duly stamped under the said Act X of
1862. Section III and Section IV of this Act shall be read and taken as part
of the said Act X of 1862, and shall come into operation on the first day of
June 1863.Stamp Duties
Straits Settlements Act, 1863
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