THE INDIAN STAMP ACT, 1899. ACT NO. 2 OF 1899, 27th January, 1899 .
An Act to Consolidate and amend the law relating to Stamps. WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as follows:—
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Sections | Particulars |
Chapter I | Preliminary |
1 | Short title, extent and commencement |
2 | Definitions |
Chapter II | Stamp Duties |
A-Of the liability of instruments to duty | |
3 | Instruments chargeable with duty |
4 | Several instruments used in single transaction of sale, mortgage or settlement |
5 | Instruments relating to several distinct matters |
6 | Instruments coming within several descriptions in Schedule I |
7 | Policies of sea-insurance |
8 | Bonds, debentures or other securities issued on loans under Act 11 of 1879 |
8A | Securities not liable to stamp duty |
9 | Power to reduce, remit or compound duties |
B-Of stamps and the mode of using them | |
10 | Duties how to be paid |
11 | Use of adhesive stamps |
12 | Cancellation of adhesive stamps |
13 | Instruments stamped with impressed stamps how to be written |
14 | Only one instrument to be on same stamp |
15 | Instrument written contrary to section 13 or 14 deemed unstamped |
16 | Denoting duty |
C-Of the time of stamping instruments | |
17 | Instruments executed in India |
18 | Instruments other than bills and notes executed out of India |
19 | Bills and notes drawn out of India |
D-Of valuations for duty | |
20 | Conversion of amount expressed in foreign currencies |
21 | Stock and marketable securities how to be valued |
22 | Effect of statement of rate of exchange or average price |
23 | Instruments reserving interest |
23A | Certain instruments connected with mortgages of marketable securities to be chargeable as agreements |
24 | How transfer in consideration of debt, or subject to future payment, etc. to be charged |
25 | Valuation in case of annuity, etc. |
26 | Stamp where value of subject-matter is indeterminate |
27 | Facts affecting duty to be set forth in instrument |
28 | Direction as to duty in case of certain conveyances |
E-Duty by whom payable | |
29 | Duties by whom payable |
30 | Obligation to give receipt in certain cases |
Chapter III | Adjudication As To Stamps |
31 | Adjudication as to proper stamp |
32 | Certificate by Collector |
Chapter IV | Instruments Not Duly Stamped |
33 | Examination and impounding of instruments |
34 | Special provision as to unstamped receipts |
35 | Instruments not duly stamped inadmissible in evidence, etc. |
36 | Admission of instrument where not to be questioned |
37 | Admission of improperly stamped instruments |
38 | Instruments impounded how dealt with |
39 | Collector’s power to refund penalty paid under section 38, sub-section (1) |
40 | Collector’s power to stamp instruments impounded |
41 | Instruments unduly stamped by accident |
42 | Endorsement of instruments in which duty has been paid under sections 35, 40 or 41 |
43 | Prosecution for offence against stamp law |
44 | Persons paying duty or penalty may recover same in certain cases |
45 | Power to Revenue authority to refund penalty or excise duty in certain cases |
46 | Non-liability for loss of instruments sent under section 38 |
47 | Power of payer to stamp bills and promissory notes received by him unstamped |
48 | Recovery of duties and penalties |
Chapter V | Allowances For Stamps In Certain Cases |
49 | Allowance for spoiled stamps |
50 | Application for relief under section 49 when to be made |
51 | Allowance in case of printed forms no longer required by corporations |
52 | Allowance for misused stamps |
53 | Allowance for spoiled or misused stamps how to be made |
54 | Allowance for stamps not required for use |
54A | Allowances for stamps in denomination of annas |
54B | Allowances for Refugee Relief Stamps |
55 | Allowance on renewal of certain debentures |
Chapter VI | Reference And Revision |
56 | Control of, and statement of case to, Chief Controlling Revenue-authority |
57 | Statement of case by Chief Controlling Revenue-authority to High Court |
58 | Power of High Court to call for further particulars as to case stated |
59 | Procedure in disposing of case stated |
60 | Statement of case by other courts to High Court |
61 | Revision of certain decisions of courts regarding the sufficiency of stamps |
Chapter VII | Criminal Offences And Procedure |
62 | Penalty for executing, etc. instrument not duly stamped |
63 | Penalty for failure to cancel adhesive stamp |
64 | Penalty for omission to comply with provisions of section 27 |
65 | Penalty for refusal to give receipt; and for devices to evade duty on receipts |
66 | Penalty, for not making out policy or making one not duly stamped |
67 | Penalty for not drawing full number of bills or marine policies purporting to be in sets |
68 | Penalty for post-dating bills, and for other devices to defraud the revenue |
69 | Penalty for breach of rule relating to sale of stamps and for unauthorized sale |
70 | Institution and conduct of prosecutions |
71 | Jurisdiction of Magistrates |
72 | Place of trial |
Chapter VIII | Supplemental Provisions |
73 | Books, etc. to be open to inspection |
74 | Powers to make rules relating to sale of stamps |
75 | Power to make rules generally to carry out Act |
76 | Publication of rules |
76A | Delegation of certain powers |
77 | Saving as to court-fees |
77A | Saving as to certain stamps |
78 | Act to be translated and sold cheaply |
79 | [Repeal.- Representation by the Repealing and Amending Act, 1914] |
Schedule I | |
Schedule II |