WEST BENGAL STAMP RULES, 1994
PREAMBLE
In exercise of the powers conferred by
sections 2, 9, 10, 16,18 37, 49, 55 and 75 of the Indian Stamp Act, 1899 (2 of
1899) and by Notification No. C. 63-Stamps/25, dated the 5th March, 1925,
issued by the Government of India, Finance Department (Central Revenues)
(Stamps), and also in supersession of all previous rules and orders on the
subject issued by the Government of Bengal, the Governor is pleased hereby to
make the following rules, namely :
CHAPTER I Preliminary
Rule - 1. Short Title.
These rules may be called the West Bengal
Stamp Rules, 1994.
Rule - 2. Definitions.
In these rules
(a)
"Act"
means the Indian Stamp Act, 1899 (2 of 1899).
(b)
"Section"
means a section of the Act.
(c)
"Schedule"
means a schedule of the Act.
(d)
"Superintendent
of Stamps" means the Superintendent of Stamps, Calcutta and any other
officer appointed by the Government of West Bengal to perform the functions of
a Superintendent of Stamps.
Rule - 3. Description of Stamps.
(1)
Except
as otherwise provided by the Act or by these rules
(i)
all
duties with which any instrument is chargeable shall be paid, and such payment
shall be indicated on such instrument, by means of stamps issued by Government
for the purposes of the Act, and
(ii)
a
stamp which by any word or words on the face of it is appropriated to any
particular kind of instrument shall not be used for an instrument of any other
kind.
(2)
There
shall be two kinds of stamps for indicating the payment of duty with which
instruments are chargeable, namely :
(a)
impressed
stamps, and
(b)
adhesive
stamps.
CHAPTER II Of
Impressed Stamps
Rule - 4. Hundls.
(1)
Hundis,
other than hundis which may be stamped with an adhesive stamp under section 11,
shall be written on paper as follows, namely :
(a)
hundi
payable otherwise than on demand but not at more than one year after date or
sight, and for an amount not exceeding rupees thirty thousand in value, shall
be written on paper on which a stamp of the proper value bearing the word
"hundi" has been engraved or embossed:
Provided that, where a paper with a stamp of
the proper value bearing the word "hundi" engraved or embossed
thereon is not available, the hundi may, notwithstanding anything contained in
sub-rules (2) and (3), be written on blank paper or on paper having a stamp of
insufficient value engraved or embossed thereon and may, along with the amount
of proper duty on the amount required to make up the same, as the case may be,
be sent to the Proper Officer for affixing and impressing labels thereon in
accordance with rule 11.
(b)
A
hundi for an amount exceeding rupees thirty thousand in value, or payable at
more than one year after date or sight, shall be written on paper supplied for
sale by the Government, to which a label has been affixed by the Collector of
Stamp Revenue, Calcutta, or a Superintendent of Stamps, and impressed by such
officer in the manner prescribed by rule 11.
(2)
Every
sheet of paper on which a hundi is written shall be not less than 21.9 cm. long
and 13.0 cm. wide and no plain paper shall be joined thereto.
(3)
The
provisions of sub-rule (1) of rule 7 shall apply in the case of hundis.
Rule - 5. Promissory notes and bills of exchange.
A promissory note or a bill of exchange
shall, except as provided by section 11, or by proviso to clause (a) of
sub-rule (1) of rule 4 or rules 13 and 17, be written on paper on which a stamp
of the proper value, with or without the word "hundi", has been
engraved or embossed.
Rule - 6. Other Instruments.
Every other instrument chargeable with duty
shall, except as provided by section 11 or by rules 10, 12 and 13, be written
on paper on which a stamp of the proper value, not bearing the word
"hundi", has been engraved or embossed.
Rule - 7. Provision where single sheet of paper is insufficient.
(1)
Where
two or more sheets of paper on which stamps are engraved or embossed are used
to make up the amount of duty chargeable in respect of any instrument, a
portion of such instrument shall be written on each sheet so used.
(2)
Where
a single sheet of paper, not being paper bearing an impressed hundi-stamp, is
insufficient to admit of the entire instrument being written on the side of the
paper which bears the stamp, so much plain paper may be subjoined thereto as
may be necessary for the complete writing of such instrument:
Provided that in every such case a
substantial part of the instrument shall be written on the sheet which bears
the stamp before any part is written on the plain paper subjoined.
Rule - 8. Proper Officer.
The Collector of Stamp Revenue, Calcutta, the
Superintendent of Stamps and any Officer appointed in this behalf by the
Government of West Bengal are empowered to affix and impress or perforate
labels or frank by means of a franking machine and each of them shall be deemed
to be the Proper Officer for the purpose of the Act and of these rules.
Rule - 9. Affixing and impressing of lebels by Proper Officer permissible In certain cases.
Except as provided in section 11 and rule,
12, labels may be affixed and impressed or franked by the Proper Officer in the
case of all instruments chargeable with stamp duty under the Act other than the
instrument on which the duty is less than fifteen paise when
(i)
they
are written in English, Bengali, or any recognised regional language of
the State; or
(ii)
they
are written in any other language and accompanied by the translation in
English or Bengali.
Rule - 10. Mode of affixing and impressing labels.
(1)
The
Proper Officer shall, upon any instrument specified in rule 9 being brought to
him before it is executed, and upon application being made to him, affix
thereto a label or labels or frank it of such value as the applicant may
require and pay for with reference to the amount of transaction shown in the
instrument and impress or perforate such label or labels or frank, by means of
a stamping machine or a perforating machine or a franking machine, and also
stamp or write on the face of the label or labels the date of impressing or
perforating or franking the same. In the case of instruments written on
parchment, the labels shall be further secured by means of metallic eyelets:
Provided that, where a bill of exchange
is drawn in sets, the Proper Officer, while stamping the first part, shall
record on its second and subsequent parts the amount of transaction
involved and the amount of duty paid on the first part, without charging any
additional fee therefor.
(2)
On
affixing any label or labels under this rule, the Proper Officer shall, where
the duty amounts to rupees five or upwards, initial on the face of the label or
labels or franking mark and where the duty amounts to rupees twenty or upwards,
shall also attach his usual signature to the instrument immediately under the
label or labels or franking mark.
(3)
The
following officers may discharge the functions of the Proper Officer under
sub-rule (2), namely:
(i)
any
principal assistant of the Proper Officer empowered by the State Government in
this behalf;
(ii)
in
Calcutta, the Deputy Collector and the Superintendent of Stamps of the
Collector's office.
Rule - 11. Certain instruments to be stamped with Impressed labels.
(1)
Instruments
executed out of West Bengal and requiring to be stamped after their receipt in
West Bengal other than instruments which, under section 11 or 12, may be
stamped with adhesive stamps, shall be stamped with impressed labels.
(2)
Where
any such instrument as aforesaid, is taken to the Collector under section 18,
sub-section (2), the Collector, unless he is himself the Proper Officer, shall
send the instrument to the Proper Officer, remitting the amount of duty paid in
respect thereof and the Proper Officer shall stamp the instrument in the manner
prescribed by rule 10 and return it to the Collector for delivery to the person
by whom it was produced.
CHAPTER III Use
of Adhesive Stamps
Rule - 12. Use of adhesive stamps on certain instruments.
The following instruments may be stamped with
adhesive stamps, namely:
(a)
Bills
of exchange payable otherwise than on demand and drawn in sets, when the amount
of duty does not exceed ten paise for each part of the set.
(b)
Transfers
of debentures of public companies and associations.
(c)
Copies
of maps or plans, printed copies and copies of or extracts from registers given
on printed forms when chargeable with duty under Article 24 of Schedule IA.
(d)
Instruments
chargeable with duty under Articles 5(a) and (b) and 43 of Schedule IA,
(e)
Instruments
chargeable with stamp duty under Article 47 of Schedule IA.
(f)
Instruments
chargeable with stamp duty under Articles 19, 36, 37, 49(a)(ii) and (iii) and
52 of Schedule IA.
(g)
Central
Excise bonds.
Rule - 13. Use of adhesive Court-fee stamps in certain cases.
Notwithstanding anything contained in these
rules, whenever the stamp duty, payable under the Act in respect of any
instrument, cannot be paid exactly by reason of the fact that the necessary
stamps are not in circulation, the amount by which the payment of duty shall on
that account be in defect, shall be made up by the affixing of such adhesive
stamps as are described in rule 17, and as are necessary for the said
instrument under the provision of law for the time being in force:
Provided that the State Government may direct
that instead of such stamps adhesive Court-fee stamps shall be used for the
purpose.
Rule - 14. Supply of deficient duty on transfer of shares.
When any instrument of transfer of shares in
a company or association is written on a sheet of paper on which a stamp of the
proper value is engraved or embossed and the value of the stamp so engraved or
embossed is subsequently, in consequence of a rise in the value of such shares,
found to fall short of the amount of duty chargeable under Article 62(a) of
Schedule IA, one or more adhesive stamps bearing the words "Share
Transfer" may be used to make up the amount required.
Rule - 14A. [Other mode of payment of stamp-duties chargeable under the Act.
(1)
Notwithstanding
anything contained elsewhere in these rules, where an instrument is chargeable
with stamp-duty of an amount exceeding rupees five thousand, such stamp-duty
shall be paid through T.R. Form No. 7 into the agency bank linked with the
treasury.
(2)
The
T.R. Form No. 7 referred to in sub-rule (1) may be obtained from the
Registering Officer having the jurisdiction of the area where the instrument is
required to be submitted for registration.
(3)
The
Registering Officer shall authenticate the T.R. Form No. 7 in quadruplicate and
mention in each copy of such Form the amount of stamp-duty required to be paid.
(4)
The
person requiring registration of an instrument shall deposit the amount of
stamp-duty as calculated by the Registering Officer in cash or by demand draft
along with the authenticated T.R. Form No. 7 in quadruplicate to the agency
bank linked with the treasury which will return to the depositor, as proof of
payment, two copies of such Form after entering therein number of the
Serialised Authenticated Bank Receipt (SABR) together with a Serialised
Authenticated Bank Receipt.
(5)
One
copy of the T.R. Form No. 7 received by the depositor shall be enclosed as an
annexure with the instrument to be registered.
(6)
An
instrument shall be considered for registration only after verification of the
payment of stamp-duty.
(7)
The
Treasury Officer shall send a copy of the bank scroll containing the deposit of
stamp-duty to the office of the concerned Registering Officer once in a week.
(8)
The
provisions of this rule shall apply mutatis mutandis in respect of procedure of
payment of stamp-duties under the West Bengal Stamp (Prevention of
Undervaluation of Instruments) Rules, 2001.
Explanation. For the purpose of this rule,
the expression "stamp-duty" includes registration fees payable under
the registration Act, 1908, and the rules made thereunder'.]
Rule - 14B. [Mode of payment of Stamp-duty by electronic payment mode.
(1)
Where
the payment of stamp duty in respect of an instrument chargeable to stamp-duty
is made by electronic payment made, i.e. through on-line, the procedures
mentioned in the Government Receipts Portal System (GRIPS) as uploaded in the
web site, www.wbregistration.gov.in, shall be followed.
(2)
The
Registering officer of the Office provided with internet connectivity shall
accept the presentation of the document of which the payment of stamp-duty has
been made in electronic payment mode, i.e. through on-line.
(3)
The
Registering officer shall, after verification and cross-checking with the
concerned bank through on-line mode, proceed with the admission of the document
to registration in accordance with the other procedures laid down in these
rules or any other rules relating to registration of documents in force.
Explanation.
For the purpose of this rule, the expression
"stamp-duty" includes registration fees payable under the
Registration Act, 1908 and the rule made thereunder.]
Rule - 15. Mode of cancelling "Share Transfer" stamps at the time of registration of the deed of transfer.
"Share Transfer" stamps affixed to
deeds of transfer of shares shall, before effect is given to the transfer by
the Joint Stock Company concerned, be cancelled by the Company by means of a
punch which can perforate either the word "cancelled" or an
abbreviation thereof, namely, "cancel" on the initials of the
Company, in sufficient prominence to render the stamps permanently unfit for
re-utilisation even though the stamps were previously cancelled in accordance
with section 12 of the Act. In case a Company fails so to cancel the share
transfer stamps as provided by this rule the Company shall be liable to the
penalty prescribed by section 63 of the Act:
Provided that for the purpose of cancelling
"Share Transfer" stamps, the State Government may, on being satisfied
by a certificate from the Collector or the Superintendent of Stamps, permit any
Joint Stock Company to adopt any other method in lieu of perforation by means
of a punch.
Rule - 16. Enrolment of Advocates, Vakils or Attorneys.
When adhesive stamps are used to indicate the
duty chargeable on entry as an advocate, Vakil or Attorney on the roll of any
High Court, such stamps shall be affixed under the superintendence of any
gazetted officer of the High Court, who shall obtain the stamp from the
Superintendent of Stamps or other officer appointed in this behalf by the State
Government and account to him for it. Such gazetted officer shall, after
affixing the stamp, write on the face of it his usual signature with the date
thereof.
Rule - 17. Adhesive stamp or stamps denoting duty.
Except as otherwise provided by these rules,
the adhesive stamps used to denote duty shall be the requisite number of stamps
bearing the words, "Indian Revenue" and the words "ten
paise", "twenty paise" and "twenty-five paise".
Rule - 18. Special adhesive stamps to be used in certain cases.
(1)
The
following instruments when stamped with adhesive stamps shall be stamped with
the following descriptions of such stamps, namely:
(a)
Bills
of exchange, cheques and promissory notes drawn or made out of India and
chargeable with a duty of more than ten paise with stamps bearing the words
"Foreign Bill".
(b)
Separate
instruments of transfer of shares and transfers of debentures of public
companies and associations with stamps bearing the words "Share
Transfer".
(c)
Notarial
acts with foreign bill stamps bearing the word "Notarial".
(d)
Copies
of maps or plans, printed copies and copies of or extracts from registers given
on "printed forms" (with Court-fee stamps).
(e)
Instruments
chargeable with stamp-duty under Article 43 of Schedule IA, with stamps bearing
the words "Brokers' note".
(f)
Instruments
chargeable with stamp-duty under Article 47 of Schedule IA, with stamps bearing
the word "Insurance.
CHAPTER IV Miscellaneous
Rule - 19. Provision for cases In which improper description of stamp Is used.
When an instrument bears a stamp of proper
amount, but of improper description, the Collector may, on payment of the duty
with which the instrument is chargeable, certify by endorsement that it is duly
stamped.
Rule - 20. Evidence as to circumstances of claim to refund or renewal.
The Collector may require any person claiming
a refund or renewal under Chapter V of the Act, or his duly authorised agent,
to make an oral deposition on oath or affirmation, or to file an affidavit,
setting forth the circumstances under which the claim has arisen, and may also,
if he thinks fit, call for the evidence of witnesses in support of the
statement set forth in any such deposition or affidavit.
Rule - 21. Payment of allowances in respect of spoiled or misused stamps or on the renewal of debentures.
When an application is made for the payment,
under Chapter V of the Act, of an allowance in respect of a stamp which has
been spoiled or misused or for which the applicant has had no immediate use, or
on the renewal of a debenture, and an order, is passed by the Collector
sanctioning the allowance or calling for further evidence in support of the
application, then if the amount of the allowance or the stamp given in lieu
thereof is not taken, or if the further evidence required is not furnished, as
the case may be, by the applicant within one year of the date of such order,
the application shall be struck off, and the spoiled or misused stamp (if any)
sent to the Superintendent of Stamps or other officer appointed in this behalf
by the State Government for destruction.
Rule - 22. Mode of cancelling original debenture on refund under section 55.
When the Collector makes a refund under
section 55, he shall cancel the original debenture by writing on or across it
the word "Cancelled" and his usual signature with the date thereof.
Rule - 23. Composition or consolidation of duties.
(a)
Any
incorporated Company or other body corporate in the State may, in respect of
certificate of shares or letters of allotment to be issued by it, apply in
writing to the State Government for permission for consolidation of duties
payable thereon under the Act and to pay the consolidated duties. Full details
regarding the total number of certificates of shares or letters of allotment
and the amount of duty payable therefor shall be furnished in the application.
(b)
On
receipt of such application, the State Government may permit such Company or
body corporate to credit the consolidated amount of duty payable to the Reserve
Bank of India or any authorised branch of State Bank of India under the
appropriate Head of Account and direct to submit the receipted challan in
original showing the deposit. After credit of the amount of duty to the State
Government Account under proper head, the State Government shall issue an order
that the said Company or body corporate has been permitted to pay consolidated
duty under clause (b) of sub-section (I) of section 9 of the Act. Upon issue of
such order the said Company or body corporate may issue such certificates of
shares or letters of allotment by printing thereon the words "Consolidated
stamp duty on share certificates/Letters of Allotment No. .................
to ........................ paid vide G.O. No.
...................dated .............. ".
Rule - 24. Rewards.
For information given regarding any evasion
of the stamp law, the Collector may, if he thinks fit, grant rewards not
exceeding in any one case the amount of the fine levied from the offender or
the sum paid in composition of an offence, up to a maximum of Rs. 500. When a
larger reward than Rs. 500 is deemed necessary, and in cases in which a
conviction has not been obtained or the fine levied or in which prosecution has
not been undertaken, the Collector shall refer the cases to the Government for
sanction.
CHAPTER V Duties
etc. of Public Officer
Rule - 25. Management of offices of the affairs of Stamp Department in Collector's Office.
(a) For the better
supervision of all matters connected with the revenue derived from stamps, the
business of the Stamp Department at the headquarters of a district shall be
conducted by a Deputy Collector or an Assistant under the title of Stamp
Officer, acting under the direction and control of the Collector. Generally,
such officer will be required to see that all laws and rules relating to stamps
as defined in the Stamp Act in force and the rules made thereunder and
circulars are duly observed by the public and the officers concerned throughout
the district. Such officer, however, will not be entitled to exercise any of
the powers which are by law specially reserved to the Collector.
(b) Conducting of
criminal prosecutions. It will also be the duty of the Stamp Officer to see
that criminal prosecutions ordered by the Collector are properly conducted
before the Court which tries such cases. In important and difficult cases he
should, with the permission of the Court trying the cases, conduct the
prosecution in person. Whenever necessary the Court impounding a document
should be referred to as regards the evidence or information on which it acted.
(c) The Collector
includes all Deputy Collectors in charge of sub division, Senior Deputy
Collectors at the Sadar stations of districts, District Registrars including
the Registrar of Calcutta, District Sub-Registrars and Sub-Registrars and all
officers, holding temporary charge of sub-registry offices, who are appointed
to be Collectors for the purpose of denoting upon the instrument, by
endorsement, the payment of duty in respect of another instrument, as provided
for in section 16 of the Act.
(d) Occasional inspection
of stamped documents enjoined. Heads of offices in which adhesive stamps are
used or filed are required to cause an occasional inspection to be made of
documents that have been filed, in order to ascertain that the stamps have been
properly punched and have not been subsequently removed from the documents on
which they are used. The inspection should be made at least once a quarter. The
check herein prescribed applies equally to all papers which require adhesive
labels, and they should be subjected to similar scrutiny.
(e) Duties of
Record-keeper. It shall be the duty of the Record-keeper on
receiving records from any office or department for deposit in the record-room
to ascertain personally or through the examination of a responsible assistant
that on every document chargeable with stamp duty the head ministerial officer
concerned has made the prescribed entry as to sufficiency or otherwise of the
stamp borne and that the rules regarding cancellation of Court-fee stamps have
been properly carried out. Should any of the stamps show signs of having been
tampered with, or should there be any deficiency, or any suspicious
circumstances, he must at once submit a report to his superior officer. This
examination may be made at the time of second punching.
(f) Stamps frauds to be
at once reported. Local authorities must report immediately to the Government,
any instance of forgery or fraudulent use of any description of stamps, whether
general, or judicial, coming to their notice. Such reports should invariably
contain full particulars as to the nature of fraud perpetrated, and, if
possible, specimens should be submitted.
(g) Doubtful stamps to be
sent to the Government. When a Collector is unable to decide the genuineness of
a stamp brought before him, he should send it to the Government direct.
(h) District references
to be submitted through Commissioner. References made to the Chief Controlling
Revenue Authority by Collectors under section 56 of the Indian Stamp Act should
be submitted through the Commissioner of the Division with his opinion.
(i) Compounding or
withdrawal of stamp offences by district officers. With reference to the
provisions contained in section 70 of the Act, district officers have been
authorised by the Board of Revenue to withdraw any prosecution instituted by
them in respect of an offence under the stamp law and to compound such offence
if they are of opinion that there is sufficient and reasonable cause for so
doing.
(j) Inadequate fines to
be brought to the notice of Criminal Courts. If in cases of prosecutions
instituted under the stamp law the fines inflicted by the Criminal Courts be of
smaller amount than the penalty provided under the Indian Stamp Act or the
penalty imposed by the Collector, the Revenue Officers should bring to the
notice of the Criminal Courts trying such cases the amount of penalty in each
case provided by the Stamp Act, and the policy of imposing a fine which is less
than that provided under the Act.
(k) (i) Return of
receipts and expenditure. Annual Return (vide Appendix, Form No. 1) of the
receipts and expenditure on account of stamps should be submitted by the
Collector every year to the Government in the form prescribed.
(ii) Explanation of increase or decrease.
Full and intelligent explanations should be given to the above return, of the
causes affecting the increase or decrease in the sales of each kind of stamp.
(iii) Above return to be submitted direct to Government
The return above referred to should be forwarded direct to the Government
within fifteen days from the close of the period reported on. Duplicate copy
should at the same time be sent to the Commissioner, who will, after careful
scrutiny, review them and submit his remarks to the Government within seven
days of the receipts of the return in his office.
(iv) Stamp Registers. The following registers
shall be maintained in the Stamp Department of the district:
(1)
Register
of applications for refund of the value or renewal of stamps, vide Appendix,
Form No. 3.
(2)
Register
of Stamp Cases, vide Appendix, Form No. 4.
(3)
Register
of Stamp Vendors' licence, vide Appendix, Form No. 5.
(4)
Daily
register of Court fees realised, vide Appendix, Form No. 6.
CHAPTER VI Refund
or Renewals
Rule - 26. Contents of applications.
Applications for refund or renewal shall be
made on printed forms (vide Appendix, Form No. 2) containing the particulars
required by law, with counterfoils, including the receipt to be given by the
Collector and the receipt for money or fresh stamps, as the case may be, to be
given by the party. These forms shall be kept at each treasury for sale to the
public at twenty-five paise for each, and while such printed forms are
available they must be used by applicants.
Rule - 27. Register of application.
(a)
The
Collector shall keep a register of application for refund or renewal as
prescribed in clause (iv) of sub-rule (k) of rule 25.
(b)
The
power of sanction refunds or renewals of non-judicial stamps in cases where the
holders of spoilt or useless non-judicial stamps have, without any fraudulent
motive, been unavoidably prevented from making the application within the
time-limit imposed by the Act, is delegated to
(i)
the
District Officers to a time-limit of one year,
(ii)
the
Divisional Commissioners to a time-limit of two years, in cases falling under
sub-sections (2) and (3) of section 50, sections 52 and 54 but four months in
cases falling under sub-section (1) of section 50.
(iii)
The
Government shall however dispose of such cases irrespective of any time-limit.
(c)
The
allowance for spoilt stamps under section 49 of the Act, refers to impressed
papers and labels to the exclusion of adhesive stamps. Sections 52 and 54 refer
to all kinds of stamps used under the Act but great caution shall be used in
refunding the value of adhesive labels.
Rule - 28. Application for refund or renewals.
Application for refund or renewals may be
received by either the Collector or the Senior Deputy Collector, and in respect
of stamps purchased at a sub-division, the application for refund or renewal
may be received by the Sub-Divisional Officer.
Rule - 29. Procedure after receipt of applications.
On receipt of an application the stamped
papers shall be counted, and the counterfoil attached to the form shall be
filled up and returned to the applicant, who shall be told when the Collector's
order will be passed.
Rule - 30. Collector to examine the stamps and the grounds of application.
The Collector shall satisfy himself that the
stamps are genuine, and that no marks of cancellation have been erased.
He shall also carefully examine the grounds of the application before
granting the refund or renewal.
Rule - 31. Particulars to be noted by the Collector at the time of granting refund or renewal.
If the Collector is satisfied that the
applicant is entitled to the refund or renewal, he shall grant such refund or
renewal, as the case may be, entering the necessary particulars in the
counterfoil attached to the application, and taking the applicant's receipt
thereon.
Rule - 32. Procedure to be followed when affidavit or deposition is necessary.
If the Collector thinks it necessary to
require an affidavit, he will return the application for that purpose. If a
deposition be thought necessary, the Collector should take it or have it taken
at once.
Rule - 33. Procedure when stamp is purchased in different district.
If the stamp has been bought in a district
other than that in which it is presented for refund or renewal, the Collector
shall refer the applicant to the Collector of the district where the stamp was
purchased.
Rule - 34. Refunds when to be made.
Refunds shall, if possible, be made on the
day of application.
Rule - 35. Entries in the register of applications when to be filled in.
Columns 1to 6 of the register of applications
for refund of the value or renewal of stamps referred to in clause (iv) of
sub-rule (k) of rule 25 shall be filled up on the day an application is filed,
and the remaining columns when it has been disposed of.
Rule - 36. Circumstances under which applications may be struck off and the stamps destroyed.
When an application for refund of the value
or renewal of spoilt or useless stamps is sanctioned, or a deposition,
affidavit, or further evidence demanded in support of it, if the amount of the
refund, or fresh stamps, are not taken, or the deposition, affidavit or further
evidence called for, is not given, as the case may be, within one year of the
date of the order, in either case, the application shall be struck off, and the
stamps sent to the Collector of Stamp Revenue, Calcutta, for destruction.
Rule - 37. Cancellation of stamps after grant of refund.
When a refund or renewal is granted, the
Collector shall then and there punch or mark the stamp in such a way that it
can never be presented again. The cancelled stamps shall be made over to the
Treasury where they will be entered in the Double-lock Register of Stamps and
kept in the strong room until they are despatched to the Collector of Stamp
Revenue, Calcutta, for destruction.
Rule - 38. Cases where refund or renewal inadmissible.
No refund or renewal can be granted in
respect of stamps wholly destroyed, lost or purchased from other States.
APPENDIX
FORM
NO. 1
[See
rule 25(k)(i) Chapter V]
Annual
Return Statement of receipt and charges In the Stamp Department
Instructions
The value of new stamps given in lieu of spoilt stamps should not be
shown
|
Items
|
In the
|
In the year of report
|
Brief explanation of cause
|
|
|
Year of report 19-19
|
Preceding year 19-19
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Increase
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Decrease
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1
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2
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3
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4
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5
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6
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TABLE I -RECEIPTS
Value of Stamps sold or issued for
Cash
1. Judicial Stamps
(a) Court-fees stamps
(b) Stamps for copies
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Total of Judicial Stamps
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2. Non-Judicial Stamps
(a) Impressed Stamps
(b) Hundis or Inland
Bills of Exchange
(c) Foreign Bills Stamps
(d) Revenue Stamps
(e) Share Transfer Stamps
(f) Notarial Stamps
(g) Special Adhesive Stamps (for
Calcutta only)
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Total of Non-Judicial
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Stamps
Total of Judicial &
Non-Judicial Stamps
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3. Miscellaneous
(a) Penalty realised under Court-fees
Act, 1870
(b) Adjudication fees
(c) Other items
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Total of Miscellaneous
Reciepts
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Total Receipts
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TABLE IICHARGES
A DISCOUNT ON SALE
OF STAMPS
1. Judicial Stamps
2. Stamps for copies ...
3. Non-Judicial Stamps...
(a) Adhesive Stamps ...
(b) All other kinds of Non-Judicial
Stamps ...
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Total discount
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B. REFUNDS
1. Under the Indian Stamp Act of
1899...
2. Under the Court-fees
Act, 1870
3. Of value of stamps returned by
vendors ...
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Total
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C. MISCELLANEOUS
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1. Other items (details to be given
overleaf) ...
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2. Rewards paid to informers and
others ...
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Total
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Total charges ...
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I hereby certify that
I have satisfied myself that all the figures entered in this return agree with
the figures reported to the Accountant-General and are quite correct and
reliable for the purposes of the Annual Administration Report.
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Date :
the..................................,
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19
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District Officer
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FORM
NO. 2
[See
rule 26.]
Form
of Application for Refund or Renewal
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(Stamps)
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APPLICANT'S RECEIPT
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COLLECTOR'S RECEIPT
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1. Name of applicant:
2. Description of stamp (i.e.
impressed or de- noted):
3. Value:
4. Date of purchase:
5. Where and from whom purchased:
6. Date of the stamp becoming spoiled
or unfit for use:
7. Manner in which the stamp has
become spoiled or unfit for use:
8. Whether the application is for
refund or re newal:
9. Date of application: I do hereby
declare that the statements made above are true to the best of my knowledge
and belief.
(Signature of the Applicant)
10. Date fixed for disposal:
11. Date of disposal:
12. Final order:
13. Initials of Collector:
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RECEIVED from the Colletor of
.. the sum of Rs.
.. only, being the
value of
spoiled stamps
less 10 paise in each rupee of the nominal value.
(Signature)
Date:
RECEIVED from the Collector of
. fresh stamps as
follows:
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RECEIVED an application with spoiled
stamps, value Rs.
praying for
refund/renewal thereof under section
. Act II of 1899. Of these stamps,
value Rs.
.. are herewith
returned as inadmissible. Orders will be passed on
..
(Signature of the Applicant)
Date:
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Total
.
(Signature of the Applicant)
Date:
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FORM
NO. 3
[See
rule 25(k)((iv)Chapter V]
Application
for refund of the value, or renewal, of stamps
(1) Serial number of
application.
(2) Date of application.
(3) Name of applicant.
(4) Number and
description of stamps delivered for refund or renewal
(a) Number.
(b) Description.
(5) Value of each stamp.
(6) Total value.
(7) Abstract and date of
Collector's order.
(8) Amount of refund granted
in cash.
(9) Value of stamps
allowed to be renewed.
(10) Value of stamps
returned in respect of which refund or renewal is refused.
(11) Date of refund,
renewal or return of stamps to applicant.
(12) Receipt of applicant
or his duly authorised agent.
(13) Signature of
Collector.
(14) Date of despatch of
stamps for destruction.
(15) Date of receipt of
Collector's certificate of destruction.
(16) Remarks.
FORM
NO. 4
[See
rule 25(k)(iv)Chapter V]
Stamp
Cases
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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13
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14
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15
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16
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Se- rial nu- mber
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Date of rec- eipt of the docu- ment
in the Colle- ctor's office
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Name of app- licant or desig- nation
of Officer forwar- ding the docu- ment
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Name of docu- ment
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Amount (value of trans- action)
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Date of docu- ment
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Name of exec- utant
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Date of order
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Value of paper which should have been
used under Act 2 of 1899
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Value of paper on which writ- ten
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Amount imposed
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Amount realised
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Date of realiz- ation
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Num- ber and date of Tre- asury
receipts
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Date of return of doc- ument
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Remarks
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(a) Amo- unt
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(b) Acco- rding to what Sche- dule
and Article
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(a) Duty
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(b) Pen- alty
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(a) Duty
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(b) Pen- alty
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(c) Total
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FORM
NO. 5
[See
rule 25(k)(iv)Chapter V]
Stamp
Vendor's Licences
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1
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2
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3
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4
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5
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6
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7
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8
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Serial No.
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Name and residence of vendor
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Father's name and address
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Place of vending stamps
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Date of grant of licence
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Date of cancellation of licence
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Date of examination and making over
the register to the record-room
1st quarter ...
2nd quarter...
3rd quarter ...
4th quarter...
Date of making over to the
record-room
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Remarks
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FORM
NO. 6
[See
rule 25(k)(iv)Chapter V]
Daily
Register of Court Feet realised in the Court of the......
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Dally Total
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Serial No. of document
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Process fees
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Other fees
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Date
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Process fees
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Other fees
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Total
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Remarks
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1
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2
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3
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4
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5
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6
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7
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8
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Instructions. This Register is
meant to show in detail every document filed bearing Court-fee stamps except
certified copies, the stamps on which are to be entered in this Register by the
Court or office which issues them. At the time the stamps are first punched, a
serial number should be entered on the stamps as well as in every document
(including certified copies at the time of issue) immediately below the stamps
and in column 1of this Register, in the remaining columns of which will be
entered the amount of the fees realised on the document. The entries in columns
2 and 3 will be totalled daily, and the results entered in columns 5, 6 and 7
initialled daily by the Presiding Officer. The entries in the latter three
columns should also be totalled monthly.