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THE STAMP ACT, 1977 (1920 A. D.)

Jammu and Kashmir

An Act to consolidate and amend the law relating to Stamps.

Act number
40 of 1977
Department
Finance
Enacted
11 Sep 1920
In force from
8 Apr 1925

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

96 sections

  1. Section 1Name, extent and enforcement.
  2. Section 1A1A
  3. Section 2Definitions.
  4. Section 3Instruments chargeable with duty.
  5. Section 4Several instruments used in single transaction of sale, mortgage or settlement.
  6. Section 4-AOmitted.
  7. Section 4-BOmitted.
  8. Section 5Instruments relating to several distinct matters.
  9. Section 6Instruments coming within several descriptions in Schedule I.
  10. Section 6ASecurities dealt in depository not liable to stamp-duty
  11. Section 7Omitted.
  12. Section 8Omitted.
  13. Section 9Power to reduce, remit or compound duties.
  14. Section 9AInstruments chargeable with duty for transactions in stock exchanges and depositories.
  15. Section 9BInstruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.
  16. Section 10Duties how to be paid.
  17. Section 11Use of adhesive stamps.
  18. Section 12Cancellation of adhesive stamps.
  19. Section 13Instruments stamped with impressed stamps how to be written.
  20. Section 14Only one instrument to be on same stamp.
  21. Section 14-AAlterations in instruments how to be charged.
  22. Section 15Instruments deemed not duly stamped.
  23. Section 16Denoting duty.
  24. Section 17Instruments executed in the Union territory of Jammu and Kashmir.
  25. Section 18Instruments other than bills and notes executed out of the Union territory of Jammu and Kashmir.
  26. Section 19Bills and notes drawn out of the Union territory of Jammu and Kashmir.
  27. Section 20Conversion of amount expressed in foreign currencies.
  28. Section 21Stock and marketable securities how to be valued.
  29. Section 22Effect of statement of rate of exchange or average price.
  30. Section 23Instruments reserving interest.
  31. Section 23-ACertain instruments connected with mortgages of marketable securities to be chargeable as agreements
  32. Section 24How transfer in consideration of debt, or subject to future payment, etc., to be charged.
  33. Section 25Valuation in case of annuity, etc.
  34. Section 26Stamp where value of subject matter is indeterminate.
  35. Section 26-ASpecial provision to re-assess stamp duty on instruments of mining leases.
  36. Section 27Facts affecting duty to be set forth in the instrument.
  37. Section 27-AFixation of market value guidelines.
  38. Section 28Direction as to duty in respect of certain conveyances.
  39. Section 29Duties by whom payable.
  40. Section 30Obligation to give receipt in certain cases.
  41. Section 31Adjudication as to proper stamp.
  42. Section 32Certificate by Collector.
  43. Section 33Examination and impounding of instruments.
  44. Section 34Special provision as to un-stamped receipts.
  45. Section 35Instruments not duly stamped inadmissible in evidence, etc.
  46. Section 36Admission of instrument where not to be questioned.
  47. Section 37Admission of improperly stamped instruments.
  48. Section 38Instruments impounded how dealt with.
  49. Section 39Collector’s power to refund penalty.
  50. Section 40Collector’s power to stamp instruments impounded.
  51. Section 41Instruments unduly stamped by accident.
  52. Section 42Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.
  53. Section 43Prosecution for offence against Stamp law.
  54. Section 44Persons paying duty or penalty may recover same in certain cases.
  55. Section 45Power to Commissioner of Stamps to refund penalty or excess duty in certain cases.
  56. Section 46Non-liability for loss of instruments sent under section 38.
  57. Section 47Power of payer to stamp bills and promissory notes received by him unstamped.
  58. Section 47-AInstruments undervalued how to be dealt with.
  59. Section 48Recovery of duties and penalties.
  60. Section 49Allowance for spoiled stamps.
  61. Section 50Application for relief under section 49 when to be made.
  62. Section 51Allowance in case of printed forms no longer required by corporations.
  63. Section 52Allowance for misused stamps.
  64. Section 53Allowance for spoiled or misused stamps how to be made.
  65. Section 54Allowance for stamps not required for use.
  66. Section 54-AOmitted.
  67. Section 55Allowances on renewal of certain debentures.
  68. Section 56Control of Government and statement of case to the Revenue Minister.
  69. Section 57Revision of certain decisions of Collector regarding sufficiency of stamps.
  70. Section 58Omitted.
  71. Section 59Omitted.
  72. Section 60Omitted.
  73. Section 61Revision of certain decisions of Courts regarding the sufficiency of stamps.
  74. Section 62Penalty for executing, etc., instrument not duly stamped.
  75. Section 62APenalty for failure to comply with provisions of section 9A.
  76. Section 63Penalty for failure to cancel adhesive stamp.
  77. Section 64Penalty for omission to comply with provisions of section 27.
  78. Section 64-ARecovery of amount of deficit stamp duty
  79. Section 65Penalty for refusal to give receipt, and for devices to evade duty on receipts.
  80. Section 66Penalty for not making out policy, or making one not duly stamped.
  81. Section 67Omitted.
  82. Section 68Penalty for post-dating bills, and for other devices to defraud the revenue.
  83. Section 69Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
  84. Section 70Institution and conduct of prosecutions.
  85. Section 71Omitted.
  86. Section 72Place of trial.
  87. Section 73Books, etc. to be open to inspection.
  88. Section 73-AFurnishing of statement, return and information.
  89. Section 74Powers to make rules.
  90. Section 75Omitted.
  91. Section 76Omitted.
  92. Section 76-ADelegation of powers.
  93. Section 77Saving as to court-fees.
  94. Section 77-AOmitted.
  95. Section 78Omitted.
  96. Section 79Omitted.