THE PUNJAB STAMP RULES,
1934.
Punjab
Government notification No. 998-E. & S., dated the 14th
February, 1934.
In exercise of the powers conferred
by section 74 of the Indian Stamp Act,1899,and clauses (a) and (d) of section
27 and sub-section (1) of section 34 of the Court Fees Act, 1870 ,and under the
authority derived from the rules{See
Chapter 1 of this part} made by the Governor-General in Council and
circulated with the Government of India, Finance Department, letter R.Dis.No.94
(1) Stamps-25,dated the 28th June, 1929, hereinafter referred to as
the Government of India Rules, the Governor in Council is pleased to make fork
the province of the Punjab the following rules regulating-
(i)
the supply of non-judicial and court-fee stamps and stamped
paper;
(ii)
the keeping of accounts of all such stamps used;
(iii)
the sale of such stamps;
(iv)
the persons by whom alone such sale is to be conducted; and
(v)
the duties and remuneration of such persons.
2.
These rules may be called “ The Punjab Stamp Rules, 1934,”
and shall take effect on and from the1st day of April, 1934,in supersession of
rules published in Punjab Government notifications Nos. 1727 and 1726, dated
the 22nd November, 1909, as subsequently amended.
THE
PUNJAB STAMP RULES, 1934 D
Interpretation.
1.
In these rules, unless a
different intention appears from the
subject or context-
i.
the word “stamp” means as the case may be-
(i) a
stamp intended to be used under the Indian Stamp Act, 1899, and applies both to
adhesive stamps and impressed stamps,
(ii)
a stamp intended to be used under the Court-fees Act,1870,
and applies both to adhesive stamps and impressed stamps.
ii.
the expression “Impressed stamp” includes (1) labels
affixed and impressed by the Financial Commissioners’ office and (2) stamps
embossed or engraved on stamped paper;
iii.
the expression “Adhesive stamp” means as the case may be –
(i)
an adhesive stamp bearing the words “Court-fee” and
intended to be used under the Court-fees Act;
(ii)
a stamp bearing the word or words “Revenue”, or “Foreign
Bill” or “Share Transfer” or “Advocate” or “ Notarial” or “Agreement” or
“Brokers’ Note” or “Insurance” and intended to be used under the Indian Stamp
Act, 1899.
iv.
the expression “Local Depot” includes the treasury at the
headquarters of a district ion the Punjab and any place for the custody and
sale of stamps where there is no treasury which the Governor in Council may
declare to be a “Local Depot”;
v.
the expression “Branch Depot” includes every subordinate
treasury in the Punjab at the headquarters of a tahsil or other subdivision of
a district at which stamps are stored for sale;
vi.
the expression “ex-officio vendor” means the treasurer for
the time being of the treasury at the headquarters of a district, or his agent
and the subordinate treasurer of every subordinate treasury at the head
qauarters of a sub-division or tahsil of
a district, and it also includes every person appointed to discharge the
functions of a treasurer at any local depot established at the place where
there is no treasury and postmasters including sub and branch post masters and
persons appointed by post offices to sell “Revenue” stamps.
vii.
The expression “Licensed vendor” means and includes every
person who, for the time being, holds a license granted under these rules, to
sell stamps, but does not include a
specially licensed vendor or an ex-officio vendor, as such, though an
ex-officio vendor may, if duly licensed, be also a licensed vendor. The
expression “license” means a licensed vendor’s license.
viii.
the term “vendor” includes and ex-officio vendor, a
licensed vendor and a specially licensed vendor;
ix.
the term “special license” means a license granted under
these rules to a Government servant to sell non-judicial stamps only on special
terms as to remuneration ; and specially licensed vendor is a person holding
such license.
I.- Supply
of stamps and keeping of accounts.
2.
Supply
of stamps from Central Stamp Store, Nasik, to treasuries - According to rule[See chapter 1 of this part.] of the Government of India Rules, the
Controller of Stamps, Central Stamp Store, Nasik, is responsible for supplying
the stamps that are required by Local Governments. The Controller of Stamps
supplies stamps on the indents of Treasury Officers (or officers in charge of
local depots) submitted through the Financial Commissioners’ Office.
3.
Supply
of stamps from treasuries to sub-treasuries. - Every district treasury in
the Punjab has been constituted a local depot and every sub-treasury has
been constituted a branch depot for the
custody and sale of stamps of all descriptions. It shall be the duty of the
Treasury Officer, under the control of the descriptions. It shall be the duty
of the Treasury Officer, under the control of the Deputy Commissioner and with
the assistance of the treasurer, to be custodian of the main stocks of stamps
under double lock in the treasury strong room, and to replenish that stock. He
shall avoid over-stocking and watch the balances and arrange for supplies of
stamps in sufficient quantities to branch depots which are in charge of
sub-treasury officers who are similarly responsible. Branch depots shall obtain
their supplies of stamps from local depots to which they are subordinate.
4.
Preparation
and submission of indents for stamps. - Separate rules have been framed
for the preparation and submission of ordinary and emergent indents for
non-postal stamps by officers in charge (treasury and sub-treasury officers) of
local and branch depots (treasuries and sub-treasuries.).
Note – See Chapter 2 of this part.
5. Reserve
stocks to be maintained at treasuries and sub-treasuries. - {Chapter 1 of this part.} Rules 14 and 18 of the
Government of Indian rules require that reserve stocks shall be maintained in
local and branch depots. Accordingly the following reserve has been
prescribed in the indent rules :-
(a).
Local depots – shall
maintain a reserve stock of stamps not less than the probable consumption of three months, in charge ( treasury and
sub-treasury officers) of local and branch depots (treasuries and
sub-treasuries).
(b).
Branch depots- shall be so supplied with stamps that
ordinarily the balance of stamps in each branch depot should never be less than
sufficient for one month’s nor more than sufficient for two months’ average
consumption.
6. Receipt
and examination of stamps at treasuries and sub-treasuries - The receipt and examination of stamps on arrival at
treasuries and sub-treasuries shall be conducted in the manner laid down in
rules {See Chapter 3 of this Part.} 11 or 9 of the rules for the despatch and
receipt of stamps in treasuries and sub-treasuries. When stamps are returned by
a sub-treasury, they should be received back into the double lock.
7.
All stocks of stamps received to be deposited under
double lock in the strong room of treasury or sub-treasury. - ( Chapter 1 of
this part) Rule 24 of the Government of India rules lays down that stamps
shall be dealt with as follows after receipt and counting :-
“ They shall be placed in
proper receptacles in the store under double lock in the presence of the
officer incharge, arranged in parcels and packets containing known quantities,
the amount and value of each denomination being entered at the same time in a
register maintained to show the receipts and issues to and from the store under
double lock. These entries shall be checked by the officer incharge at the time
when the stamps are deposited, and the correctness of the arithmetical calculations
of additions to balance, as well as of the values compared with quantities,
shall be verified and initialled by him at the time. The register shall then be
placed with the stamps in the double lock receptacles and shall not be removed
therefrom, nor shall any entries be allowed to be made therein except in the
presence of the officer in charge.”
Store-book of stamps under double lock. - The
double lock registers referred to in the foregoing rule shall be in stereo A
& T. stamps Nos. 91-102 and 105(b). They shall be maintained in English in
bound books. There are columns showing date and nature of transaction, values
of stamps, total number of stamps, total value and finally a column fork the
signature of the treasury or sub-treasury officer. The entries in the books
shall be made ( from the invoices or treasurer’s, as the passed indents, as the
case may be) either by the officer-in-charge himself at the time of storing or
taking our stamps, or by a treasury clerk called to the double lock chamber
fork the purpose but in the latter event the entry must be personally checked
by the officer-in-charge as the stamps are put in or taken out. Every entry of
receipt should correspond with the invoice and show whence the stamps were
received; and every entry of issue shall be vouched by a treasurer’s passed
indent. A balance shall be struck after each entry at the time of receipt or
issue, and attested by the initials of the officer-in-charge.
8.
Treasurer’s
counterpart of store-book of stamps under double lock. - A counterpart
of the double lock registers in forms stereo. Nos. 91-102 and 105 (b) shall be
maintained by Urdu with English numerals and kept in the double lock, but these
registers and the double lock registers in English must be written up
independently, and one shall not be a mere translation of the other. The
entries in this counterpart record shall be signed by the treasurer; they shall
also be verified by the initials of the
officer-in-charge who shall see that the entries of receipt correspond with the
invoices, and the entries of issue with the passed indents, and that the
balance struck corresponds with that shown in the English double lock
registers.
9.
Store
book in double lock at branch depots. - When there is a siaha navis at the tahsil, the store-book shall be maintained
by him in Urdu, English numerals being used. The store book shall be written on
loose-sheets, but in bound volumes supplied from the district headquarters, the
pages shall be numbered consecutively, the to talk number of pages in each
volume being certified on the title page. They shall be in the same form as the
counterpart registers maintained for local depots and must be kept neatly and
carefully all corrections being verified by the initials of the
officer-in-charge; and a balance shall be struck at the close of each day in
which there has been a transaction of either receipt or issue. All entries must
be signed by the officer-in-charge, and (except where the book is written up in
the sub-treasurer’s own hand) also by the sub-treasurer. Before signing an
entry of issue by sale the officer-in-charge should satisfy himself that the
stamps have been paid for and that money has been credited in the cash account
of the branch treasury.
10.
Precautions
to protect stamps from injury by damp or vermin. - Due
precautions shall be taken by the treasurer and the officer-in-charge of the
treasury of sub-treasury to protect stamps from injury by damp or vermin. They
shall be kept in strong chests or presses lined or covered with tin and so
closed as to exclude damp, air, mice or insects. In places where white-ants are
troublesome, the stamp chests or presses shall not be allowed contact with the
walls of the strong room, and shall be raised from the floor, and shall rest on
stone or earthen troughs containing common oil. Each chest or press shall have
two locks the key of one invariably remaining in the hands of the
officer-in-charge and the key of the other in the hands of the treasurer.
Adhesive stamps shall be further secured by being kept in air-tight tin boxes
placed inside the stamp chest or press; the sheets shall be kept face to face
and sheets of rough paper placed between each pair of gummed surfaces so as to
obviate two sheets being stuck together on thew gum side.
11.
The stamped paper shall be kept in the parcels of
quantities noted in the margin to save trouble in enumeration, each parcel
being securely packed and sealed in cloth or paper cover bearing a note of the
quantity and value of the stamps within, signed by the officer-in-charge.
Custody of stamped paper
-
|
All below Re. 1 in packets of |
500 |
|
From Re. 1 to Rs.4 |
200 |
|
From Rs. 5 to Rs.16 |
100 |
Stamps of higher values as received from Nasik
12.
Issues
from main stock to be made only on regular indents and in the order of receipt
from Nasik. - Stamps shall be supplied from the main stock under double
lock only in the following circumstances;-
(a).
to the treasurer or sub-treasurer on regular written
indents; issues shall never be made on oral applications.
(b).
Large indents for stamps from post or telegraph offices or
for service stamps from Government departments or offices may be complied with
direct from double lock.
(c).
Replenishments of stocks at branch depots and all
despatches of stamps beyond the limits of a district shall be made direct from
the double lock.
In order to prevent frauds, errors
or damage by any cause remaining undetected for long periods, the stock of
stamps shall be issued in the order of its receipt , and any denomination lying
unsold for any reason for a long time shall be transferred to some other depot
where there is a demand for it, under the orders of the Financial
Commissioners.
13.
Tahsil
or expense stock in the sole custody of treasurer. - At each
local or branch depot, whether a branch of the Imperial Bank of India exists or
does not exist, there shall be a supply of stamps in the tahsil or expense
stock in the sole custody of the treasurer or sub-treasurer for the purpose of
supply to the public and licensed vendors. Issues shall never be made to the
public or licensed vendors from the stock under double lock except in the case
of Kot Khai sub-treasury where the sub-treasury officer has been declared to be
an ex-officio vendor and sells, stamps direct from the double lock.
14.
Limit
of tahsil or expense stock in local and branch depots. - The
tahvil or expense stock in the sole custody of the treasurer of sub-treasurer
shall in no case exceed the following limit (Government of India rules{See Chapter 1 of this part} 26 and 31
(ii):-
(a).
Local depots (i) -
Stamps up to the probable demand of one week with cash and opium combined to a
value not exceeding Rs. 5,000 or
(ii) a total value of Rs.15,000 for stamps, cash and opium,
whichever is less,
(iii)
in the special case of the Lahore treasury, the treasurer
or his agent may hold in his separate custody in single lock-
(a)
Court-fee and non-judicial stamps with opioum upto a value
of Rs. 15,000,
(b)
Service stamps up to a value of Rs. 35,000.
Similar concession may be extended
to other treasuries under the orders of the Financial Commissioners.
(b).
Branch depots- (i) Stamps up to the probable demand of two
days, with cash and opium combined to a value not exceeding Rs.500 or
(ii)
stamps, cash and opium to the total value of Rs.1,500,
whichever is less.
15.
Safe
custody of expense stock. - For the safe custody of the expense stock it is
sufficient that an ordinary tin-lined box shall be kept beside the tahvildar by
day and locked in the double lock store room at night.
16.
Indents
and issue of stamps thereon from the double lock. - Every
week/second day or when necessary the treasurer/sub-treasurer shall prepare in
English or Urdu and submit to the officer-in-charge, an indent in form A.&
T. No.90 for a supply of stamps for sale. This indent shall show the estimated
consumption for the week/two days’ the balance in hand, and the quantity
indented for. Printed forms bound in volumes, are obtainable on application to
the Superintendent, Government Printing, Punjab. Any denominations of stamps
not specified in the indent forms
should, if necessary, be entered in manuscript in the blank space provided for
the purpose. Al intermediate or supplementary indents shall be prepared in the
forms of indents which are intended to be used both for the purpose of ordinary
and emergent indents made at shorter intervals. Before complying with indents
the officer-in-charge shall examine the treasurer or sub-treasurer’s store book
(prescribed in rule 8) and check the arithmetical calculations made therein.
The indent, after being altered if necessary and approved by the
officer-in-charge shall be signed by him. In case of there being any difference
between the number indented for and issued, a brief note of the cause of the
difference shall be made. The indent so singed becomes the warrant for the
issue of stamps. The Treasury or Sub-Treasury Officer shall then cause the
store under double lock to be opened and the required quantity counted and
delivered in his presence toj the treasurer oor sub treasurer, as the case may
be, check the correctness of the entries made in the double lock register so
that they correspond with those made in the single lock register, initial both
registers, and return the double lock register in to the double lock store.
When it is necessary to issue stamps
from the store under double lock more than once the same day, the above checks
need only be applied at each time of issue to the particular descriptions of
stamps issued.
If the treasurer or sub treasurer
requires stamps at any intermediate time during the period prescribed, the same
procedure shall be observed, but the certificate required to be made in column
10 of the indent need not be recorded.
17. Licenced
vendors to be supplied with stamps promptly. – Care should be taken to see that no obstacles are thrown in
the way of licensed vendors obtaining their supplied of stamps from treasuries
(sadr and tahsil). They should be
allowed to obtain supplied on any day and at any hour when the treasury is open
and should not be kept waiting.
18.
Single lock registers to be maintained by
ex-officio vendors. - After the treasurer or sub treasurer has
obtained his supply of stamps on indents, he shall enter them in a store register
in the same form as the counterpart of the double lock registers. This store
book will show quantities and values of stamps received from double lock, the
daily sales, and the balance of each denomination in hand at the end of each
day or the following morning. The balance shall be attested by the initials of
the officer-in-charge of the depot, who should inspect daily the accounts of
the daily sales, land compare the record of chalans kept by the Head Treasury
Clerk with the treasurer’s cash book. Before signing this book he shall see that all issues from the store under
double lock have been brought to credit, that the values of stamps written off
as sold have been credited in the treasury cash accounts, that entries of
remittances to branch depots are in accordance with passed indents, and that
those showing despatches out of the district are in accordance with the orders
received on the subject.
19.
Monthly
abstracts of receipts and issues to be submitted by branch depots. - At the
close of the last working day of each month, an abstract showing briefly the
transactions of the month and containing-
(1) Opening
balance,
(2) Receipts
during the month,
(3) Issues
during the month,
(4) Closing
balance,
shall be
entered in the store-books of each branch depot after the last entry. The
officer-in-charge shall verify the closing balance and transmit to the local
depot at the headquarters of the district, without unnecessary delay, a plus
and minus memorandum of stamps in form A.& T. Stamps-44.
20.
Scrutiny
of monthly accounts of branch depots by the officer-in-charge of the local
depot. - The officer-in-charge of the local depot shall scrutinize
the monthly statements of receipts and issues (i.e., plus and minus memoranda
and statement of stamp transactions in the double and single locks of
sub-treasuries) rendered by officers-in-charge of branch depots. He shall see
that the opening balances have been correctly brought forward from the previous
month, that all remittances from the local depots are supported by the sub
treasury officer’s receipt and have been brought to credit, that the proceeds
of stamps written off as sold have been credited in the cash account, and that
the closing balances have been correctly struck.
21.
Periodical
verification of stamp balances in single and double locks. - Separate
rules have been framed for the periodical verification of stamp balances in the
single and double locks.
II-
Sale of stamps, the persons by whom such sale is to be made and the duties and
remuneration of such persons.
22.
Vendors. - There shall be two classes of
vendor, namely-
(a)
ex-officio vendor as defined in rule 1 (f);
(b)
licensed or specially licensed vendor as defined in rule 1
(g), (h) and (i).
23.
No person other than a vendor or his agent as defined in
these rules shall sell stamps other than half anna, one anna, two annas and
four annas revenue stamps unless specially authorised by the Collector of the
district.
24.
Prohibition
of purchase except from licensed vendors. - Except in the case of half anna,
one anna, two annas and four annas revenue stamps, no person shall purchase any
stamp from, or exchange any stamp with, any person not authorized under these
rules to sell stamps.
25.
Licensed
vendors. - The maximum number of licensed vendors for the sale of
stamps at the headquarters of each district and tahsil, respectively, shall be
fixed by the Collector of each district concerned in consultation with the
Commissioner of the division, and the Collector shall not, without the
concurrence of the Commissioner, issue licenses at such headquarters to persons
in excess of the number so fixed. In the case of towns and villages which are
not such headquarters the number of licenses to be granted shall be fixed by
the Collector alone. The Collector may grant a temporary license for a limited
period to any petition writer or other person who accompanies on tour an
officer whose duties necessitate the use of court fee stamps by parties
appearing before him.
NOTE.- (i) The vend arrangements or each district, more particularly as
regards the distribution of licenses in rural tracts, are in the hands of the
Collector, who is responsible, on the one hand, that there is a sufficient
number of vendors for the reasonable convenience of the public, and, on the
other, that a large number or petty vendors are not licensed in excess of local
requirements.
As regards the number of licenses
required for sale of stamps in rural tracts, the Collector is the best judge
but the number of licenses granted at sadder stations and at the headquarters
of tahsils has in some districts often called for remarks, and reduction has
often seemed desirable. The Commissioner of the division is authorized to take
action in the way of reduction, from time to time, when necessary, and the
Collector in consultation with the Commissioner of the division, should fix a
maximum number for the sadr station and each tahsil headquarters, which once
fixed, must not be exceeded without the sanction of the Commissioner.
(ii)
The number of licenses for vend of stamps will, of course, vary according to
the circumstances of each district, but care should be taken that an adequate
number of licensed vendors is appointed, otherwise the public will be
inconvenienced and the stamp revenue will suffer. On the other hand regard
should be paid to the average earnings of stamp-vendors at district and tahsil
headquarters. When these become too low the temptation to various malpractice’s
arises and the demand for higher rates of commission is strengthened.
(iii)
As regards non-judicial stamps it should be the aim of the Collector to provide
the sale of these within the easy reach of all. For this purpose licenses
should be issued freely to rural sub or branch postmasters (ex-officio and not
by name) and village school-masters. The concession allowed to this class of
licensees termed “special licensees” in rule 26 (iv) is that an advance may be
made of non judicial stamps at the start without payment of ready money up to a
value not exceeding Rs.50 for all stamps supplied to such licensees. In excess
of this advance a special licensee is required to pay ready money less the
discount admissible. The stamps supplied to him as well as his money
remittances for their value to the nearest treasury or sub treasury are to be
sent through the post in insured parcels, the charges for postage and insurance
being borne by the Stamp department. The licensee may remit the amounts by
ordinary money order, the Stamp department bearing the charge for commission.
The licensee receiving such advance shall give a receipt for the money value
thereof, which receipt shall be renewed from year to year in the manner
prescribed for permanent advances on account of contingent expenditure. When
the Government servant ceases to be specially licensed or desires to
discontinue the advance, he shall refund the value entered in the receipt,
either in money or in stamps of the class which he is licensed to sell, and
shall be granted a receipt for the same by the officer to whom the refund is
made, the original receipt given by the specially licensed vendor being
retained on behalf of Government. When any Government servant specially
licensed made over charge to another Government servant also specially
licensed, he shall obtain from him a receipt for the advance made over to him
in stamps.
(iv) It is manifest that
a much smaller number of vendors will suffice for the retail of judicial stamps
than for the retail of non judicial stamps. The former are rarely required
except for use in a Court of law, and if they are readily procurable in the
vicinity of the Court kin which they are to be used, the public convenience, as
well as the interests of the revenue, will be sufficiently provided for .What
is essential is that at all places where there is a Court whether at a sadr or
tahsil station, or in detached localities court-fee stamps shall be readily
procurable both from treasurers and their agents and such “other vendors” as
may be licensed. The right to sell court-fee stamps is no longer to be refused
to “other vendors” selling non-judicial stamps.
(v) While it is desirable
that the contracting treasurer of the district or division, through his agents,
should not have a monopoly of the sale of stamps ( Government of India resolution
No. 5583-S.R., dated the 8th December 1899), the Collector should
see that the number of licensed stamp vendors provides a little healthy
competition with the agents or the contracting treasurer at district and tahsil
head quarters and is not so great as to reduce the profits of the contracting
treasurer to an undesirable extent.
26.
Grant
of license to any person. - (i) Subject to the provisions of these rules
the Collector, or other officer empowered by the Local Government in this
behalf, may grant a license for the sale of stamps to any person at any
place or within any area within the
limits of his district, of any value or description provided-
(a).
that no person may be licensed to sell any single stamp
exceeding Rs, 1000[a1] in
value;-
(b).
that no person employed in any department of the public
service shall be granted a license to sell stamps without the previous consent
of the head of such department;
(c).
“that no person shall be
licenced until the licensing officer has satisfied himself that the
person to be licenced bears good moral character and possesses a minimum qualification of Matric or its equivalent
from recognised institute”[a2]
(d).
that no person whose duty it is to cancel stamps, in accordance
with the provisions of section 30 of the Court-fees Act,1870, shall be licensed
to sell court-fee stamps under these rules. The license of any licensed vendor
who accepts any appointment involving the duty of cancelling stamps shall be
deemed to have been revoked from the time of acceptance, and shall be forthwith
surrendered to the Collector.
(ii)
Ex-officio vendors. - The
Collector may, in his discretion, grant a license to sell stamps to any
ex-officio vendor, who then shall be also a licensed vendor within the meaning of these rules, and shall be
subject to all the provisions thereof as regards the sale of stamps and his
duties and remuneration as licensed vendor.
(iii)
In granting a license to an ex-officio vendor who is the
treasurer of a treasury at the headquarters of a district or his agent, the
Collector may, in his discretion, by provision made in his license, authorize
him to grant a sub-license, for a short period and upon his own responsibility,
to any person for the purpose of accompanying any civil officer on tour and
selling court fee stamps only, while on such tour, to persons requiring them.
Such sub-licenses may be in excess of the number of licensed vendors fixed
under sub-rule (I) of this rule. Should the license of any such ex-officio vendor
expire or be at any time revoked, every sub-license granted by him shall
forthwith cease and determine.
(iv)
Specially licensed
vendors. - The Collector may, in his discretion and subject to proviso
(b) of sub-rule (I) of this rule and subject to the following conditions, grant
to any sub postmaster a special license to sell, at a place other than the
headquarters of a district or tahsil, non-judicial impressed sheets and
similarly to any other Government servant to sell non-judicial impressed sheets
and revenue stamps:-
Condition I.- Any
Government servant specially licensed under this sub-rule may receive, without
payment of ready money, an advance of stamps of the class that he is licensed
to sell, of an aggregate value of fifty rupees. This advance shall be operated
on in a manner analogous to that prescribed for a permanent advance on account
of contingent expenditure: that is to say, the licensee on paying into the
treasury any portion, may receive stamps to an equivalent amount. The licensee
receiving such advance shall give a receipt fork the money value thereof, which
receipt shall be renewed from year to year in the manner prescribed for
permanent advances on account of contingent expenditure. When the Government
servant ceases to be specially licensed or desires to discontinue the advance,
he shall refund the value entered in the receipt, either in money or in stamps
of the class which he is licensed to sell, and shall be granted a receipt for
the same by the officer to whom the refund is made, the original receipt given
by th4ej specially licensed vendor being retained on behalf of Government. When
any Government servant specially licensed makes over charge to another
Government servant, also specially licensed, he shall obtain from him a receipt
for the advance made lover to him in stamps.
Condition II- All postage charges for the
remittance of stamps supplied to specially licensed vendors or for the
remittance by such vendors of the value of stamps supplied to them, or for the
return by them of balances of stamps remaining unsold on their ceasing to be
specially licensed or for official correspondence relating to matters arising
out of their transactions as specially licensed vendors, shall be borne by
Government and charged to stamp contingencies.
27.
Conditions
of licenses. - . (i) Every license
granted under these rules shall specify-
(1) the
person licensed,
(2) the kind
and the value of the stamps he is licensed to sell, and
(3) the place
at which he is licensed to sell.
(ii) Every special license granted
under these rules shall contain same particulars and be in the same form as are
stated in sub-rule(I) of this rule. But the Collector may, if he sees fit,
grant a special license in favour of the holder for the time being of a
particular office at a particular place, instead of in the name of a particular
person.
28.
Every license granted under these rules shall be subject to
the following conditions-
(i).
The vendor shall obtain all supplies of stamps which he is
authorised to sell only from the treasury or sub-treasury of the district for
which his license is granted.
(ii).
The vendor shall keep such stock of the stamps, which he is
authorised to sell, as may be prescribed by the Collector of the district, with
due regard to the convenience of the treasury officer, the stamp vendor land
the litigant public.
(iii).
Subject to the provisions of chapter V of the Indian Stamp
Act, 1899, and rules made under section 27 (c) of the Court-fees Act, 1870 (as
to renewal) and the orders of the Governor-General in Council published in
resolution no. 132 of the 11th January 1888 (as to refunds), the
vendor shall not obtain (by purchase, exchange, or otherwise) any stamp from
any person other than an ex-officio vendor.
(iv).
The vendor shall sell stamps which he is authorised to sell
only at the place mentioned in his license and in accordance with these rules.
(v).
(a) The vendor shall not allow any other person except his
agent appointed as in paragraph (b) of this condition, to transact on his
behalf any business which he is required by these rules to do himself.
(b) During
short periods of absence not exceeding one week at a time, the vendor may
appoint an agent for the sale of stamps, making a note to this effect in the
vend register before and after the entries of the sale by the agent. If the
agent is required for more than a week but less than a month, he must obtain
the permission of the Tahsildar or if resident in a sub-tahsil, of the
Naib-Tahsildar. The vendor shall be responsible for all acts of his agent. If
the vendor is absent for more than a month the matter must be reported to the
Collector who may either (a) authorise the retention of an agent for a longer
period or (b) temporarily or permanently transfer the license to some other
person.
(vi).
The vendor shall not sell stamps of any kind the use of
which has been discontinued or prohibited by competent authority.
(vii).
The vendor shall be bound to sell to any person upon
immediate payment any stamps of a kind or value permitted by his license, but
not of any other kind or value. The vendor shall not demand or accept for any
stamp any consideration exceeding the value of such stamp.
(viii).
The vendor shall accept payment for any stamp sold by him
in any currency which would be accepted on behalf of Government at a district
treasury.
(ix).
The vendor shall not sell any stamp exceeding Rs.100 in
value. When application is made to the vendor for stamps exceeding Rs. 1000 [a3] in value
he shall refer the applicant to the ex-officio vendor.
(x).
If application is made to the vendor for a non-judicial
stamp of a value not exceeding Rs. 100 required in the form of an impressed
sheet to denote the duty on any document, the licensed or specially licensed
vendor shall, if it is available in his stock, supply the applicant with a
stamp of the value required, and if a stamp of such value is not available in
his stock he may supply in lieu of it the smallest number of impressed sheets
available in his stock by which the duty required can be made up. The licensee
shall not attempt to make up stamp duty exceeding Rs. 100 by the issue of two
or more stamps of lower denominations.
(xi).
(a) When in the case of court-fees amounting to less than
Rs. 25 the amount can be denoted by a single adhesive stamp the vendor shall
issue a single adhesive stamp of the required value. But if the amount cannot
be denoted by a single adhesive stamp, or if a single adhesive stamp of the
required value is not available in the stock of the vendor, he shall supply an
adhesive court-fee stamp of the next lower value available and make up the
deficiency by the issue of one or more additional adhesive stamps of the next
lower values, which may be required to make up the exact amount of the fee.
(b) When in the case of court-fees amounting to
or exceeding Rs.25 the amount can be denoted by a single impressed stamp the
vendor shall issue a single impressed stamp of the required value. But, if the
amount cannot be denoted by a single impressed stamp or if a single impressed
stamp of the required value is not available in his stock the vendor shall
supply an impressed stamp of the next lower value available, and the deficiency
shall be made up by the issue of one or more additional impressed stamps of the next lower values available
which may be required to make up the exact amount of the fee, in combination
with adhesive stamps to make up fractions of less than Rs.25.
(c)
When the vendor is unable to furnish a single stamp of the value
required by a purchaser, he shall give a certificate to that effect in the form
below. The certificate referred to must be affixed to the document :-
( Form of certificate}
“ Certified that a single
stamp of the value of Rs.----------required for this document is not available,
but, in lieu thereof I have furnished a stamp of the next lower value
available, and made up the deficiency by the use of one or more
adhesive/impressed stamps of the next lower values available required to make
up the exact amount of the fee.”
(d) The
licensee shall not attempt to make up court-fees exceeding Rs.100 by the issue
of two or more stamps of lower denominations.
(xii).
The vendor shall, at the time of sale to the public,
insert, with his own hand, in indelible ink in English or Urdu on the blank
space left for this purpose on each adhesive court-fee stamp, the name and
residence of the purchaser, and also if the purchaser is an Indian, his or her
father’s name, the date of the sale and the signature of the vendor, and if the
stamp is purchased by a pleader or any one other than the principal in person,
the names and residence of both the agent and principal.
(xiii).
The vendor shall, with his own hand, write in indelible ink
in English or Urdu at the time of sale, on the back of every non-judicial or
court-fee impressed stamp which he sells-
(a)
serial number,
(b)
the date of the sale,
(c)
the name and residence of the purchaser, and also if the
purchaser is an Indian, his or her father’s name and caste,
(d)
if the purchaser is purchasing on behalf of another person, then also the name and
residence of the person for whom the purchase is being made; and if the person
for whom the purchase is being made, is an Indian, his or her father’s name and
caste,
(e)
the value of the stamp in full words, and shall affix his
signature to the endorsement.
He shall at the same time make
corresponding entries in his vend register, and shall also invite the purchaser
to attest them by his signature or thumb impression, or both, and in the event
of the purchaser refusing so to attest the entry of sale, the vendor shall
refuse to sell the stamp required and shall cancel any entries made regarding
it in his register.
NOTE- Particular care should be
exercised in the taking of finger impressions. The proper kind of ink to use is
printer’s ink and this should be used exclusively. This shall be obtained by
the vendor himself. It should be used with a thin slab and not with a pad.
Country ink should never be used.
(xiv). The vend
register referred to in condition (xiii) shall contain columns for the
following particulars, and in it the vendor shall regularly and correctly enter
these particulars, viz.-
(a) the date
of sale of any impressed sheet sold ;
(b) the
serial number of the entry of every such sale, a new series of numbers being
commenced on the first day of April in each year and the total number of stamps
sold to make up any value required being entered under a single serial number;
(c) the value
(in words) of each stamp sold, and the total value of stamps sold in each
transaction;
(d) the full
name (and if an Indian, father’s name and caste), surname (if any), and
residence of the purchaser;
(e) if the
stamp is purchased on behalf of a person other than the actual purchaser, the
name and description of such person;
(f) the
purpose for which the purchaser states that the stamp is purchased ; and
(g) signature
or thumb-impression of purchaser, if the purchaser consents to sign the entry,
or make the impression, and if he does not consent, the reasons fork his not
consenting, in case the purchaser states his reasons.
(ii)
When any register becomes filled up, the vendor shall
deliver the same to the Collector or other officer deputed to receive the same.
(xv).
The vendor shall not knowingly endorse on any impressed
sheet sold the name of any person other than the actual purchaser, or the
person on whose behalf the stamp is being purchased, deliver any stamp sold to
any person other than the person whose name is endorsed thereon as that of the
purchaser. The vendor shall not also retain in his possession for more than
seven days any endorsed stamp entered as sold in his register of which the
vendee fails to take delivery. In case of such failure he shall, on the expiry
of seven days, forward the stamp to the Collector for cancellation and refund
of its value or issue of another stamp in exchange therefor.
(xvi). The
vendor shall, upon the demand of the Collector, whenever required so to do,
deliver up all stamps in his custody or possession of such vendor; and if such
stamps have been paid for by such vendor, the value thereof, less any discount
which may have been allowed at the time of the purchase thereof to such vendor
shall be refunded to him.
(xvii). The
vendor shall at all times have posted in a conspicuous place outside the place
of vend, a sign-board bearing in English and Urdu characters-
(a) the name
of the vendor with the words “Licensed vendor of non-judicial/Court-fee
Stamps.” He shall also have in the place of vend his license and the Acts of
the Legislature and their schedules referring to the stamps sold by him,
together with these rules in English and Urdu, placed so that they can be
readily seen and read by purchasers.
(b) The
licensee is not allowed to charge more than face value of stamps.
(xviii).
The vendor shall not at anytime offer any objection or
resistance to the inspection of his registers or the examination of his stock
of stamps by any officer duly authorised by the Collector or by Government to
make such inspection examination.
(xix). The
vendor shall submit to the Excise Inspector of the district, after the close of
each quarter a return in the standard vernacular form No. 217. He shall also
submit such other returns as may be prescribed from time to time.
(xx).
The remuneration to the vendor shall be in the form of
discount allowed from time to time under the orders of the local Government.
(xxi). Additional
conditions applying to ex-officio vendors who are also licensed to sell stamps
not exceeding Rs. 1000[a4] and to receive commission on the sale of
such stamps :-
This license should be in the name
of a servant or an agent who will have no authority to perform any of the treasurer’s
or sub-treasurer’s official duties in connection with stamps. This servant or
agent should-
(a)
sit separately away from the treasurer or sub-treasurer and
not with his principal in the treasurer’s room;
(b)
have no access to the store of stamps in the single or
double locks;
(c)
not perform any duty connected with the issue of stamps;
(d)
not prepare the treasurer’s or sub-treasurer’s indents, nor
keep the store books nor compile the monthly stamp accounts.
NOTE- There is, however, no objection to the stamp boxes belonging to
the agents of the divisional or district contracting treasurers being kept for
the night in the single lock rooms of treasuries and sub-treasuries on the
understanding that Government accepts no liability in case of theft or loss.
29.
The infringement of any of these rules or conditions shall
render the holder liable to cancellation of his license in addition to the
penalties prescribed in section 69 of
the Indian Stamp Act,1899/section 34 of the Court-fees Act, 1870 namely,
imprisonment for a term which may extend to six months or fine not exceeding
five hundred rupees, or both.
30.
Register
of licenses to be maintained for the district. - (i) The Collector shall
cause a register of licenses and special licenses granted under these rules to
be maintained for the district. The register shall contain the following
particulars as to each license granted:-
(a) Date of
granting the license.
(b) Serial
number for the year of the license.
(c) Name,
father’s name, caste and residence of the person licensed ; or in the case of a
special license granted to a public servant, the official designation of the
office in virtue of which the special license may be used.
(d) Place or
area for which the license is granted.
(e) Kinds and
values of stamps covered by the license.
(f) Period
for which the license is to continue in operation.
(g) Amount of
security (if any) taken.
(h) Acknowledgment
of the licensee.
(i) Remarks
relating to revocation, renewal, surrender, expiry, etc., of the license.
(j) Date of
destruction of the license.
NOTE- The register shall be separate for (1) non-judicial and (2)
Court-fee stamps. The entries in the register should be revised annually when
the time comes round for renewing the licenses. Every lapsed license should be
called in and destroyed; at the same time the sale registers which vendors are
required to maintain under license conditions Nos. (xiii) and (xiv) should be
inspected to see that they have been regularly and correctly maintained; this
duty might be performed in outlying places by tahsildars or nab- tahsildars,
and at the sadr by the Treasury Officer, or some other officer appointed for
the purpose by the Collector, for example, the Excise Inspector or Sub-
Inspector. If it should appear that any licensee has ceased to sell, or that
his sales are small with reference to the locality, his license should not be
renewed, but another person should, if necessary, be licensed in his stead.
The
number of vendors shown in the Collector’s annual statements should correspond
wiJth the number shown in the above register.
(ii)
Register of sub-licenses to be maintained by vendors. - Every
ex-officio and licensed vendor wJhose license empowers him to grant sub-licenses
shall maintain a similar register of sub-licenses granted by him.
31.
Revocation
of licenses. - (i) Any license
or special license or sub-license granted under these rules may at any time be
revoked for sufficient reason by the Collector of the district in which it was
granted, or by any Revenue authority to whom such Collector is administratively
subordinate.
(ii) When
any license or special license or sub-license is revoked, or expires, it shall
be the duty of the person to whom it was granted or his agent or representative
forthwith to surrender it to the Collector. If any such license is to be
renewed and has been granted in form capable of renewal and containing
sufficient space fork the necessary entries, it shall be renewed and returned
to the licensee. If any such license is not to be renewed, or if it is to be
renewed by the issue of a fresh license, the surrendered license shall be
retained by the Collector, and shall be cancelled by enforcement under his
signature.
(iii)
Collector to furnish list
of licensees to ex-officio vendor
- The Collector shall furnish the ex-officio vendor with a list of all
persons licensed under these rules, and keep him informed of changes in it.
32.
Supply
of blank vend registers by Collector and disposal of same after use. - Blank
vend registers in the prescribed form shall be supplied free of charge to the
vendor on application to the Collector. Before issuing any blank vend register
to the vendor the Collector shall enter or cause to be entered at the beginning
thereof the following particulars:-
(b).
full name and residence of the vendor ; and
(c).
the date on which the register is issued.
(ii) Each page of such register shall bear a printed number, and all
the pages of each register shall be numbered kin a continuous series. The
officer in charge of stamps shall certify under his signature at the beginning
of each register the number of pages contained in it, and that they are
numbered in a continuous series.
(iii) To avoid the accumulation of
filled or partially filled vend registers at tahsil offices, they should be
transferred at the close of the official year in which they have been
deposited, to the district record room, where they should be retained for a
period of twelve years and then destroyed.
33.
Duties
of ex-officio vendors. - No ex-officio vendor shall, as such, sell stamps
otherwise than in accordance with the following direction:-
(a) He shall
sell to a licensed or specially licensed vendor or a person holding a
sub-license, stamps of denominations not exceeding Rs.1000
(b)
He shall sell to any person other than a licensed or
specially licensed vendor or a person holding a sub-license (except when
required by such vendor for private use) impressed stamps exceeding Rs.1000 in
value.
(c)
He shall not sell any stamps except upon immediate
payment for the same.
(d)
He shall also observe carefully the principle of
issuing, whenever practicable, a single stamp of the value required by a
purchaser, or when, for any reason, this is not possible, of furnishing a stamp
of the next lower value available and of making up the deficiency by the use of
one or more additional stamps of the next lower values available, which may be
required to make up the exact amount of the fee. In the latter case when the
sale is of impressed stamps exceeding Rs.1000 (in value) and a single stamp of
the value required by the purchaser is not available, the ex-officio vendor
shall give a certificate to that effect in the form prescribed in clause (c) of
condition (xi) of rule 28.
Remuneration of vendors.
34.
(i) No ex-officio
vendor shall, as such, be entitled to any discount or commission on the value
of any stamps supplied to him for custody and sale upon the sale thereof..
(ii)
Commission allowed on
court-fee stamps - Every licensed vendor of court-fee stamps shall be
entitled to discount at the rate of annas eight per cent on the value of every
court-fee stamp purchased by him from an ex-officio vendor : provided that he
shall not be entitled to any such discount when the total value of stamps
purchased at any one time is less than Rs. 5 nor on any sum in excess of a
multiple of Rs.5.
(iii)
Commission allowed on
non-judicial stamps - Every licensed and specially licensed vendor or
non-judicial stamps shall be entitled to discount at the rates specified in the
following schedule on the value of every non-judicial stamp purchased by him
from an ex-officio vendor : provided that discount shall not be allowed on the
value of any stamp of a kind not specified in the said schedule, nor when the
total value of the stamps purchased at one time is less than Rs.5.
The Governor in Council may at his
discretion direct that the rates of 3 and 5 pies prescribed in the scale for
Lahore and Amritsar towns, shall be extended to any other town the population
of which is 50,000 inhabitants or upwards and the annual sales of stamps also
amount to or exceed Rs.50,000.
Note- In all calculation of discount pies shall be eliminated.
(b) Government servants holding special
licenses to sell stamps- On all stamps which they are licensed to sell under these
rules Re. 1-9-0 per cent.
The discount shall be allowed by
deduction from the purchase money. Special challan forms have been prescribed
for this purpose (Stereo. A & T No. 349.)
35.
Inspection
and control. - Every officer not below the rank of a Tehsildar, every
excise officer not below the rank of excise officer, 1st grade, and
every other Government servant (including a stamp auditor) who is specially
authorised in that behalf by the Financial Commissioners, Commissioner or
Collector, may at anytime inspect the stock of stamps, the registers, and the
accounts of any licensed or specially licensed vendor. The registers and
accounts maintained by, and the stock of stamps in store with any specially
licensed vendor shall also be subject to inspection at any time by every
officer whose duty it is to inspect departmentally the office of the Government
servant holding the special license.
NOTE- (i) Tahsildars and naib-tahsildars shall exercise a general
supervision over the stamp-vendors within their tahsils. Excise inspectors and
sub-inspectors are required to inspect registers and accounts of stamp-vendors
(other than those of sub postmasters and branch postmasters specially licensed
to sell non-judicial stamps) as often as possible; at least once in a quarter
and generally to collect such information regarding vend arrangements as will
be useful to Collectors in their administration of the stamp Department.
Inspection notes should invariably be submitted to the officer in charge of
stamps. The number of inspection performed by these officials should be noted
in the District Annual Stamp Report and a brief account should be given of any
frauds or irregularities of an unusual character brought to light by their
inspections.
(ii)
With a
view to improving the check which excise inspectors are required to exercise
over the registers of stamps received and sold by licensed stamp vendors, stamp
vendors should be required to submit a
duplicate indent for the stamps which they wish to buy, and a copy of the
indent showing the number, denomination and value of the stamps supplied should be signed by the
treasurer and sent by him to the excise inspector who is responsible for the
supervision and check of stamp vendors’ registers. These duplicate indents
should be destroyed at the end of the financial year.
(iii)
Excise
inspectors and sub-inspectors should make themselves thoroughly acquainted
with-
(a)
the
questionnaire prescribed for their guidance, and
(b)
the
instructions in regard to the taking of finger impressions contained in the pamphlet
prepared by the “Finger Print Bureau” at Phillaur. Copies of the pamphlet
should be supplied to the excise staff in each district.
(iv)
The
quarterly returns submitted by licensed vendors of non-judicial stamps in
accordance with condition (xix) of rule 28 after being carefully serutinized
should be kept by the excise inspector, who should bring to light any
remarkable features presented by them. He should also use the returns in his
inspections of the vendors’ accounts, and see that the figures given in them
correspond with those in the sale registers. The returns may also be usefully
referred to by Collectors when the question of renewing a vendor’s license
arises. The returns need not be furnished by postal officials licensed to sell
non-judicial impressed stamps. They should, however, be furnished by
treasurer’s agents who are licensed to sell non-judicial stamps for their
dealings in these stamps.
FORM
P.S.R.1
No.-------------- DISTRICT.
Licensed or specially licensed vendor.
License for the vend of
Non-judicial/Court-fee stamps.
This license is granted to {NOTE- If a special license is being
granted, it shall be within the discretion of the Collector to enter only the
official designation of the Government servant to whom the license is being
granted instead of his personal name and description.} __________________son
of________________________caste________for the vend of non-judicial/court-fee
stamps at ___________________in___________________district for the period
commencing from____________________and ending with______________________and is
subject to the rules and conditions contained kin the Punjab Stamp Rules, 1934,
as amended from time to time.
2. The
infringement of any of the said rules or conditions shall render the holder
liable to cancellation of his license and the penalties prescribed in section
69 of the Indian Stamp Act, 1899/section 34 of the Court-fees Act, 1870,
namely, imprisonment for a term which may extend to six months or fine not
exceeding five hundred rupees, or both.
3. This
license may be revoked at any time by the Collector of the district in which it
is granted or by any Revenue Officer to whom such Collector is administratively
subordinate. On this license being revoked or when the term for which it is granted
expires, the person hereby licensed shall surrender the license at once to the
Collector.
Place_________________ Signature of the Collector,
Date of issue___________ _________________District.
QUESTIONNAIRE FOR THE GUIDANCE OF
OFFICERS INSPECTING REGISTERS AND ACCOUNTS OF LICENSED STAMP-VENDORS.
1. Has the
stamp vendor a license from the Collector of the district?
2. When was
the last inspection of his registers and stock of stamps made?
3. Has the
vendor exhibited conspicuously at his place of vend a sign-board bearing his
name and the words “Licensed vendor of non-judicial or court-fee stamps”?
4. Is the
vendor sufficiently educated so as to be able to maintain his vend registers
and fulfil the requirements of the conditions of his license?
5. Does the
vendor correctly and truly enter in his register the supply of stamps received
from the local treasury or sub-treasury and strike the monthly balance of stock
in hand in the register. (The entries of supply should be verified from copies
of indents supplied to excise staff-Financial Commissioner’s circular No. 5,
dated 13th February 1911). Is the stock in hand correct and does it
tally with the entries in the register?
6. Does the
vendor maintain a vend register in the prescribed form and keep accounts
regularly in respect of all impressed court-fee or non-judicial stamps or both
sold by him? Examine it in detail and note defects.
7. Are the
particulars truly and correctly entered therein by the vendor with his own hand
in English or urdu and in indelible ink at the time of sale?
8. Have the
entries in the vend register been attested by the purchasers with their own
hands or thumb marks?
9. (i) Does
the vendor use printer’s ink in the taking of finger impressions (Note to rule
28 (xiii) of the Punjab Stamp Rules, 1934)?
(ii) Does the vendor understand the
method of affixing proper thumb impressions and whether the thumb impressions
taken in the register are clear and decipherable ?
10. Does the vendor
make on every court-fee or non-judicial impressed stamp or a court-fee adhesive
stamp sold by him a proper endorsement in indelible ink (Rule 28 (xii) and
(xiii) of the Punjab Stamp Rules, 1934)?
(The actual process of sale should
be sometimes watched and endorsements as entered on stamps and registers
compared).
11. When a
stamp is purchased by any one other than the principal in person, is it
endorsed by the vendor as sold to the agent (A.B.) for the principal (C.D.)
(Rule 28 (xii) and (xiii) of the Punjab Stamp Rules,1934)?.
This is
an important provision, any departure from which coming to notice should be
reported to the Collector of the district.
12. Has the
licensed vendor in any one case sold for the same transaction, stamps of the
value able the prescribed limit and split up the sale on two consecutive days
to conceal the fraud ? (The licensed vendors instead of referring a purchaser
of stamps, whether court-fee or non-judicial, exceeding Rs. 100 in value as
required by rules, and in order to earn illegal commission sometime sell such
stamps themselves and make entries in respect of stamps so sold in their
registers under two different dates. Sometimes
one vendor joins another stamp-vendor to sell stamps within his own limit
although the value of stamps to be used in the transaction may exceed Rs.100 .
This kind of fraud should be detected and reported).
13. Has the
licensed vendor in respect of all transactions sold the smallest number of
stamps as required by Rule 28 (xi) of the Punjab Stamp Rules, 1934 ?
14. Is there
any evidence or report that the vendor demands or accepts for any stamps more
than actual value denoted thereon ? (Question about ten members of the general
public on this point).
15. Is the
vendor fully acquainted with the conditions of his license? Some questions
should be put to him to ascertain this.
16. Has any
information been ever received to indicate that any sort of illegal trade in
stamps or watermarked petition paper is being carried on by stamp vendors?
17. Does the
vendor experience any inconvenience or difficulty in obtaining his supplies of
stamps from the local treasury or sub-treasury?
18. Whether
adequate facilities for meeting the demand of the public for stamps of all
descriptions exist?
19. Is there
any ground for suspecting that the licensed vendor sells stamps only to those
persons who undertake to have their documents written by a particular
deed-writer recommended by the vendor?
20. Does the
vendor submit after the close of each quarter a return in the standard
vernacular form lNo.217?.
INSTRUCTIONS FOR THE STAMPING OF DOCUMENTS IN
THE FINANCIAL COMMISSIONER’S OFFICE.
THE following instructions for the stamping of
documents in the Financial Commissioners’ office, Lahore, under the Indian
Stamp Act, 1899, as amended, have been drawn up for general information and
guidance:-
(1).
Stamps to indicate the payment of duty with which
instruments or various kinds are chargeable are of two kinds, namely :-
(a)
adhesive ; and
(b)
impressed.
(2).
The use of adhesive stamps is confined to certain classes of
documents mentioned ink rule 13 of the Indian Stamp Rules, {See part I-B, Chapter 1.} 1925, and they are all inscribed with
the appropriate inscription, as “Foreign Bill,” “Share Transfer,” “Advocate,”
“Attorney,” “Notarial,” “Agreement,” “Broker’s Note,” or “Insurance,” except
stamps on copies of maps or plans, etc., which may be stamped with court-fee
stamps.
(3).
Impressed stamps are of the following kinds:-
(a) Sheets of
paper on which a stamp of the proper value is engraved. These are obtainable by
the public from treasuries and licensed vendors of stamps;
(b) Labels
affixed and impressed by the Financial Commissioners’ office. In cases in which
the duty payable is one anna or two annas only, it may be denoted by that
office by la colored impression marked
on a skeleton form of an instrument.
(4).
Whenever an impressed stamp is required by law, engraved
stamp paper may be used, and it is only optional to have the document stamped
and impressed with a label or labels of the requisite value in the
Financial Commissioners’ office.
(5).
The documents which may thus be stamped in the Financial
Commissioners’ office are detailed kin appendices II and III of the Indian
Stamp Rules,1925.
Only instruments of agreement and memoranda of agreement such as
are specified in Appendix III, when written in the Urdu character, are allowed
to be stamped and impressed with special adhesive stamps. All other instruments
must, therefore, be written in English and when written in any European
language other than English should be accompanied by a translation in English.
(6).
If it is necessary to send a document to the Financial
Commissioners’ office for stamping, the following information and instructions
will be found useful :-
(a).
The Financial Commissioners’ office is situated in the
compound of the office of the Local Government (usually known as the Civil
Secretariat) on the Lower Mall.
(b).
The officer incharge of stamping is the Assistant Secretary
to the Financial Commissioners. All complaints and difficulties should be
referred to him.
(c).
Stamping is effected there both for the Punjab and
North-West Frontier Province.
(d).
Applications from outstations to have instruments stamped
with impressed labels should be made to the Collector (Deputy Comm
(e).
missioner) of the district : the instrument and stamp duty
should be delivered to him at places where there is no branch of the Imperial
Bank. At places where there is a branch of that Bank the Treasury Officer will
supply a form (challan), on which the duty payable will be credited into the
Imperial Bank L the receipt of the Bank and the document to be stamped should
then be delivered to the Collector. He will send the instruments to this office
for affixment and impressment of the necessary label or labels, accompanied by
a certificate (in duplicate) that duty has been paid. The instrument will be
returned after being stamped, through the same channel for return to the
applicant.
(f).
The Financial Commissioners’ office will only affix a label
or labels of such value as the applicant requires and pays for, and will not
determine the amount of stamp duty payable.
Any doubt
as to duty chargeable in any case should be referred, under section 31 of the
Indian Stamp Act, to the Collector of the district from which the application
is made.
(g).
Documents, which residents of Lahore and Lahore Cantonment
wish to have stamped, will be stamped in the Financial Commissioners’ office on
personal application : attention is directed to the following points :-
(i).
Except in the most exceptional circumstances, and in the
case of impressment of foreign powers of attorney, cash will not be accepted.
The required duty should be paid into the Imperial Bank of India, Lahore, and
the receipt of the Bank should be attached to the document to be stamped.
Cheques will not be accepted.
(ii).
Instruments fully and finally executed by all parties
thereto are knot stamped kink the Financial Commissioners’ office. Such
documents should be referred to the Collector of the district under Section 41
of the Stamp Act.
(iii).
Section 18 of the Act lays down that instruments executed
out of British India and not being a bill of exchange or promissory note may be
stamped within three months from the date of their first receipt in British
India.
(iv).
In ordinary cases in which there is no urgency all
instruments for stamping, etc., must be placed in the iron box in the verandah
of the stamping room, and not delivered in person to any member of the office.
But kin cases of urgency, which should
be brought to the personal notice of the Assistant Secretary, stamps will be
affixed at once.
(v).
Messengers who have left documents for stamping should call
on the following working day at 2 P.M.
to receive their documents. Every effort will be made to obviate a messenger
having to call a second time to receive his stamped document.
[a1]substituted in place of 100 to 750 and later to 1000 by notification no. S.O. 2/C.A.2 / 1899/S.74/90 . Dt. 2nd January , 1990,of the DEPARTMENT OF REVENUE AND REHABILITATION signed by SADA NAND, Financial commissioner, Revenue and Secy to Govt. of Punjab,
(a).
[a2]this
clause was substituted vide notification no. G.S.R. 50/C.A.2/1899/S. 74/Amd.(
3) /98,Dt. . 2nd July, 1998 in place of old clause { that no
person shall be licensed until the licensing officer has satisfied himself that
the person to be licensed bears good moral character land is qualified for the
purpose educationally ;}
[a3]substituted in place of 100 to 750 and later to 1000 by notification no. S.O. 2/C.A.2 / 1899/S.74/90 . Dt. 2nd January , 1990,of the DEPARTMENT OF REVENUE AND REHABILITATION signed by SADA NAND, Financial commissioner, Revenue and Secy to Govt. of Punjab,
[a4]substituted in place of 100 to 750 and later to 1000 by notification no. S.O. 2/C.A.2 / 1899/S.74/90 . Dt. 2nd January , 1990,of the DEPARTMENT OF REVENUE AND REHABILITATION signed by SADA NAND, Financial commissioner, Revenue and Secy to Govt. of Punjab