স্টাম্প আইন (Stamp Act), ১৮৯৯

Last Updated on 24/05/2024 by সাব-রেজিস্ট্রার শাহাজাহান আলী বিপিএএ

স্টাম্প আইন (Stamp Act), ১৮৯৯

Chapter 1

Preliminary 

1. Short title, Extent and Commencement-

• This Act may be called the Stamp Act,1899.
•  It extends to the whole of Bangladesh.
• It shall come into force on the first day of July, 1899.

2. Definitions- In this Act, unless there is something repugnant in the subject or context,-

“Banker” (1) “banker” include a bank and any person acting as a banker:

“Bill of exchange” (2) “bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money:

“Bill of exchange payable on demand” (3) “bill of exchange payable on demand” includes,-

• An order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen;
• An order for the payment of any sum of money weekly, monthly or at any other stated periods; and
• A letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn:

“Bill of lading” (4) “bill of lading” includes a “through bill of lading,” but does not include a mate’s receipt:

“Bond” (5) “bond” includes-

• Any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
• Any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and
• Any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another:

“Chargeable” (6) “chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in Bangladesh when such instrument was executed or, where several persons executed the instrument at different times, first executed:

“Cheque” (7) “cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand:

(8) [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]

“Collector” (9) “Collector”-

• Means the collector of a district ; and
• Includes a Deputy Commissioner and any officer whom the Government may, by notification in the official Gazette, appoint in this behalf:

“Conveyance” (10) “conveyance” includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule.

“Duly Stamped” (11) “duly stamped”, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount, and that such stamp has been affixed or used in accordance with the law for the time being in force in Bangladesh:

“Executed” and “Execution” (12) “executed” and “execution”, used with reference to instruments, mean “signed” and “signature”:

“Impressed Stamp” (13) “impressed stamp” includes-

• labels affixed an impressed by the proper officer, and
• Stamps embossed or engraved on stamped paper:

“Instrument” (14) “instrument” includes every documents by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded:

“Instrument of partition” (15) “instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition:

“Lease” (16) “lease” means a lease of immovable property, and includes also-

• A patta;
• A kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or delivery rent for immovable property;
• Any instrument by which tolls of any description are let;
• Any writing on an application for a lease intended to signify that the application is granted:

“Marketable Security” (16a) “marketable security” means a security of such a description as to be capable of being sold in any stock market in Bangladesh or in the United Kingdom:

“Mortgagee-deed” (17) “mortgagee-deed” includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property:

“Paper” (18) “paper” includes vellum, parchment or any other material on which an instrument may be written:

“Policy of Insurance” (19) “policy of insurance” includes-

• Any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event;
• A life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance:

“Policy of sea-insurance” or “Sea-policy” (20) “policy of sea-insurance” or “sea-policy”-

• Means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel; and
• Includes any insurance of goods, merchandise or property for any transit which includes not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance:

Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance:

“Power of Attorney”  (21) “Power of Attorney” means the power of attorney as defined in section-2, clause (1), of the Power of Attorney Act, 2012 (Act No. XXXV of 2012)]:

“Promissory note” (22) “promissory note” means a promissory note defined by the Negotiable Instrument Act, 1881; It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen:

“Receipt” (23) “receipt” includes any note, memorandum or writing-

• Whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or
• Whereby any other movable property is acknowledged to have been received in satisfaction of a debt, or
• Whereby any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or
• Which signifies or imports any such acknowledge-ment,

and whether the same is or is not signed with the name of any person:

“Settlement” (24) “settlement” means any non-testamentary disposition, in writing, of movable or immovable property made-

• In consideration of marriage,
• For the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or
• For any religious or charitable purpose;

and includes an agreement in writing to make such a disposition and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition: and

“Soldier” (25) “Soldier” includes any person below the rank of non-commissioned officer who is enrolled under the Army Act , 1952.

Chapter II

Stamp-Duties

A.- Of the liability of instruments to duty.

3. Instruments Chargeable with Duty- Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that schedule as the proper duty therefore, respectively, that is to say-

• Every instrument mentioned in that schedule which, not, having been previously executed by any person, is executed in Bangladesh on or after the first day of July, 1899;
• Every bill of exchange payable otherwise than on demand or promissory note drawn or made out of Bangladesh on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred, or otherwise negotiated, in Bangladesh; and
• Every instrument (other than a bill of exchange or promissory note) mentioned in that schedule, which, not having been previously executed by any person, is executed out of Bangladesh on or after that day relates to any property situate, or to any matter or thing done or to be done, in Bangladesh and is received in Bangladesh:

Provided also that no duty shall be chargeable in respect of-

1. Any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument;
2. Any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgagee or otherwise, of any ship or vessel, or any part, interest, share or property

of or in any ship or vessel registered under the Merchant Shipping Ordinance, 1983 (XXVI of 1983).

4. Several instruments used in single transaction of sale, mortgagee or settlement-

1. Where, in the case of any sale, mortgagee or settlement, several instruments are employed for completing the transaction, the Principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, mortgagee or settlement, and each of the other instruments shall be chargeable with a duty of three hundred Taka] instead of the duty (if any) prescribed for it in that Schedule.]
2. The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument:

Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed.

5. Provisions Relating to Several Distinct Matters- Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act.

6. Instruments Coming within Several Descriptions in Schedule 1- Subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties:

Provided that nothing in this Act contained shall render chargeable with duty exceeding three Taka a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid

7. Policies of Sea-Insurance-

• No contract for sea-insurance shall be valid unless the same is expressed in a sea-policy.
• No sea-policy made for time shall be made for any time exceeding twelve months.
• No sea-policy shall be valid unless it specifies the particular risk or adventure, or the time, for which it is made, the names of the subscribers or underwriters, and the amount or amounts insured.
• Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time.

8. Bonds, debentures or other securities issued on loans under Act XI of 1879-

• Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loabs Act, 1914, or of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of one per centum on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped, and shall not be chargeable with any further duty on renewal, consolidation, subdivision or otherwise.
• The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not: Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when such duty has not already been paid or remitted by order issued by the Government.
• In the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues.

9. Power to Reduce, Remit and Compound Duties- The Government may, by rule or order publish in the official Gazette,-

• Reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the duties with which any instruments, or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and
• Provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of debentures, bonds or other marketable securities.

B.-Of stamps and mode of using them.

10. Duties How to be Paid- (1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps-

• According to the provisions herein contained; or
• When no such provision is applicable thereto- as the Government may by rule direct.

(2) The rules made under sub-section (1) may, among other matters, regulate,-

• In the case of each kind of instrument – the description of stamps which may be used;
• In the case of instruments stamped with impressed stamps – the number of stamps which may be used;
• In the case of bills of exchange or promissory notes written in any Oriental language- the size of the paper on which they are written.

11. Use of Adhesive Stamps- The following instruments may be stamped with adhesive stamps, namely:-

• Instruments chargeable with the duty of ten poisha or five poisha, except parts of bills of exchange payable otherwise than on demand and drawn in sets;
• Bills of exchange and promissory notes drawn or made out of Bangladesh;
• Entry as an advocate on the roll of the Supreme Court:
• Notarial acts; and
• Transfers by endorsement of shares in any incorporated company or other body corporate.

11A. Payment of stamp duties on insurance policy in certain cases by challan, pay order or Bank draft- Notwithstanding the other provisions of this Act or any other law for the time being in force, the Government may, by notification in the official Gazette, direct that where the stamp duty payable on an insurance policy exceeds the amount specified in the notification, the entire stamp duty shall be paid only by treasury challan or account-payee pay order or account-payee bank draft in the manner prescribed by such notification or by rules.

12. Cancellation of Adhesive Stamp- (1)

• Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and
• Whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again.

(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped.

(3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.

13. Instruments stamped with impressed stamps how to be written- Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.

14. Only One Instrument to be on Same Stamp- No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written:

Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.

15. Instruments written contrary to section 13 or 14 deemed unstamped- Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.

16. Denoting Duty- Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be donated upon such first mentioned instrument, by endorsement under the hand of the Collector or in such other manner (if any) as the Government may by rule prescribe.

C.- Of the time of stamping instruments. 

17. Instruments Executed in Bangladesh- All instruments chargeable with duty and executed by any person in Bangladesh shall be stamped before or at the time of execution.

18. Instruments other than bills, and notes executed out of Bangladesh- (1) Every instrument chargeable with duty executed only out of Bangladesh, and not being a bill of exchange, or promissory note, may be stamped within three months after it has been first received in Bangladesh.

(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.

19. Bills and Notes Drawn Out of Bangladesh- The first holder in Bangladesh of any bill of exchange payable otherwise than on demand or promissory note drawn or made out of Bangladesh shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in Bangladesh, affix thereto the proper stamp and cancel the same: Provided that,

• If, at the time any such bill of exchange, or note comes into the hands of any holder thereof in Bangladesh, the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12; and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled;
• Nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp.

D.- Of valuations of duty.

20. Conversion of amount expressed in foreign currencies-

• Where an instrument is chargeable with ad volorem duty in respect of any money expressed in any currency other than that of Bangladesh, such duty shall be calculated on the value of such money in the currency of Bangladesh according to the current rate of exchange on the day of the date of the instrument.
• The Government may, from time to time, by notification in the official Gazette, prescribe a rate of exchange for the conversion of British or any foreign currency into the currency of Bangladesh for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the purposes of sub-section (1).

21. Stock and Marketable Securities How to be Valued- Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.

22. Effect of statement of rate of exchange or average price- Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duly stamped.

23. Instruments Reserving Interest- Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.

23A. Certain instruments connected with mortgagees of marketable securities to be chargeable as agreements- (1) Where an instrument (not being a promissory note or bill of exchange)-

• Is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or
• Makes redeemable or qualifies duly stamped transfer, intended as a security, of any marketable security,

it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under Article No. 5(c) of Schedule 1.

(2) A release or discharge of any such instrument shall only be chargeable with the like duty.

24. How transfer in consideration of debt, or subject to future payment, etc, to be charged- Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or encumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty:

Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule 1.

Explanation-In the case of a sale of property subject to a mortgagee or other encumbrance, any unpaid mortgagee-money or money charged, together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale:

Provided that, where property subject to a mortgagee is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgagee.

Illustrations-

• A owes B Taka 1,000. A sells a property to B, the consideration being Taka 500 and the release of the previous debt of Taka 1,000. Stamp duty is payable on Taka 1,500.
• A sells a property to B for Taka 500 which is subject to a mortgagee to C for Taka 1,000 and unpaid interest Taka 200. Stamp-duty is payable on Taka 1,700.
• A mortgagees a house of the value of Taka 10,000 to B for Taka 5,000. B afterwards, buys the house from A. Stamp duty is payable on Taka 10,000 less the amount of stamp-duty already paid for the mortgagee.

25. Valuation in case of Annuity etc- Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,-

• Where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained- such total amount;
• Where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance – the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and
• Where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance – the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.

26. Stamp where value of subject-matter is indeterminate- Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient:
Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty,-

• When the lease has been granted by or on behalf of Government, at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to Government under the lease, or,
• When the lease has been granted by any other person, at twenty thousand Taka a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:

Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.

27. Facts affecting duty to be set forth in instrument- The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.

E.-Duty by whom payable. 

29. Duties by Whom Payable- In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,

• In the case of any instrument described in any of the following articles of Schedule I, namely:-
  • No. 2 (Administration Bond),
  • No. 6 (Agreement relating to Deposit of Title deeds, Pawn or Pledge),
  • No. 13 (Bill of Exchange),
  • No. 15 (Bond),
  • No. 16 (Bottomry Bond),
  • No. 26 (Customs Bond),
  • No. 27 (Debenture),
  • No. 32 (Further charge),
  • No. 34 (Indemnity-bond),
  • No. 40 (Mortgagee deed),
  • No. 49 (Promissory-note),
  • No. 55 (Release),
  • No. 56 (Respondentia Bond),
  • No. 57 (Security-bond or Mortgagee-deed),
  • No. 58 (Settlement),
  • No. 62 (a) (Transfer of shares in an incorporated company or other body corporate),
  • No. 62(b) (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8),
  • No. 62(c) (Transfer of any interest secured by a bond, mortgagee-deed or policy of insurance),-
  • by the person drawing, making or executing such instrument:
• In the case of a policy of insurance other than fire-insurance – by the person effecting the insurance ; (bb) in the case of a policy of fire-insurance – by the person issuing the policy:
• In the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease – by the lessee or intended lessee:
• In the case of a counterpart of a lease – by the lessor:
• In the case of an instrument of exchange – by the parties in equal shares:
• In the case of a certificate of sale – by the purchaser of the property to which such certificate relates: and
• In the case of an instrument of partition – by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs.

30. Obligation to give receipt in certain cases- Any person receiving any money exceeding four hundred Taka in amount, or any bill of exchange, cheque or promissory note for an amount exceeding four hundred Taka, or receiving in satisfaction or part satisfaction of a debt any movable property exceeding four hundred Taka in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same.

Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.

Chapter III

Adjudication as to stamps

31. Adjudication as to Proper Stamp (1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five Taka and not less than fifty poisha as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable.

(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such an application until such abstract and evidence have been furnished accordingly:  Provided that-

• No evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and
• Every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Chapter 4

Instruments not duly stamped 

39. Collector’s power to refund penalty paid under section 38, sub-section (1)- (1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit, refund any portion of the penalty in excess of five Taka which has been paid in respect of such instrument.

(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.

45. Power to Revenue-authority to refund penalty or excess duty in certain cases- (1) Where any penalty is paid under section 35 or section 40, the Chief Revenue authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part.

(2) Where, in the opinion of the Chief Revenue-authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess.

46. Non-liability for loss of instruments sent under section 38- (1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.

(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument.

Chapter 5

Allowances for stamps in certain cases

Chapter 6

Reference and revision 

56. Control of, and statement of case to, Chief Revenue-authority- 

• The powers exercisable by a Collector under Chapter IV and Chapter V and under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of the Chief Revenue-authority.
• If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Revenue-authority.
• Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision.

57. Statement of case by Chief Revenue-authority to High Court Division, etc-

• The Chief Revenue-authority may state any case referred to it under section 56, sub-section (2), or otherwise coming to its notice, and refer such case, with its own opinion thereon, to the High Court Division-
• Every such case shall be decided by not less than three Judges of the High Court Division to which it is referred, and in case of difference the opinion of the majority shall prevail.

58. Power of High Court Division, etc, to call for further particulars as to case stated- If the High Court Division is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.

59. Procedure in disposing of case stated-

• The High Court Division upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded.
• The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment.

60. Statement of case by other Courts to High Court Division, etc- 

• If any Court, other than a Court mentioned in section 57, feels doubts as to the amount of duty to be paid in respect of any instrument under proviso (a) to section 35, the judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court Division to which, if he were the Chief Revenue-authority, he would, under section 57, refer the same.
• Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Revenue-authority, and another like copy to the judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment.
• References made under sub-section (I), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any sub ordinate Revenue Court, shall be made through the Court immediately superior.

61. Revision of certain decisions of Courts regarding sufficiency of stamps- 

• When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals lie from, or references are made by, such first-mentioned Court may, of its own motion or on the application of the Court, take such order into consideration.
• If such court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced.
• When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument.
• The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the Stamp-law which the Collector considers him to have committed in respect of such instrument:  Provided that-
  • No such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty;
  • Except for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42.

Chapter 7

Criminal offences and procedure

62. Penalty for executing, etc, instrument not duly stamped- (1) Any person-

• Drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance of payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange payable otherwise than on demand or promissory note without the same being duly stamped; or
• Executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
• Voting or attempting to vote under any proxy not duly stamped;

shall for every such offence be punishable with fine which may extend to five hundred Taka:

Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.

(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred Taka.

63. Penalty for failure to cancel adhesive stamp- Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to one hundred Taka.

64. Penalty for omission to comply with provisions of section 27- Any person who, with intent to defraud the Government,-

• Executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth; or,
• Being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or
• Does any other act calculated to deprive the Government of any duty or penalty under this Act;

shall be punishable with fine which may extend to fifty thousand taka and shall also be liable to pay the amount of the money by which the Government has been defrauded due to his act or omission under clause (a), (b) or (c).

65. Penalty for refusal to give receipt, and for devices to evade duty on receipts- Any person who,-
(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,

(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty Taka in amount or value, gives a receipt for an amount or value not exceeding twenty Taka, or separates or divides the money or property paid or delivered;

shall be punishable with fine which may extend to one hundred Taka.

সরকার নির্ধারিত সকল দলিলের ফরমেট পেতে এখানে ক্লিক করুন।

66. Penalty for not making out policy, or making one not duly stamped- Any person who,-

• Receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or
• Makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;

shall be punishable with fine which may extend to two hundred Taka.

67. Penalty for not drawing full number of bills or marine policies purporting to be in sets- Any person drawing or executing a bill of exchange payable otherwise than on demand or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand Taka.

68. Penalty for post-dating bills, and for other devices to defraud the revenue- Any person who,-

• With intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or
• knowing that such bill or note has been so postdated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiates the same; or
• With the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force;

shall be punishable with fine which may extend to one thousand Taka.

69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale-

• Any person appointed to sell stamps who disobeys any rule made under section 74; and
• Any person not so appointed who sells or offers for sale any stamp (other than ten poisha or five poisha adhesive stamp);

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred Taka or with both.

70. Institution and conduct of prosecutions- 

1. No prosecution in respect of any offence punishable under this Act shall be instituted without the sanction of the Collector or such other officer as the Government generally, or the Collector specially, authorizes in that behalf.
2. The Chief Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence.
3. The amount of any such composition shall be recoverable in the manner provided by section 48.

71. Jurisdiction of Magistrates- No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.

72. Place of trial- Every such offence committed in respect of any instrument may be tried in any district in which such instrument is found as well as in any district in which such offence might be tried under the Code of Criminal Procedure, 1898.

Chapter 8

Supplemental provisions

73. Books, etc, to be open to inspection- Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.

74. Powers to make rules relating to sale of stamps- The Government may make rules for regulating-

• The supply and sale of stamps and stamped papers,
• The persons by whom alone such sale is to be conducted, and
• The duties and remuneration of such persons:

Provided that such shall not restrict the sale of ten poisha or five poisah adhesive stamps.

75. Power to make rules generally to carry out Act- The Government may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred Taka, to be incurred on breach thereof.

76. Publication of rules- 

• All rules made under this Act shall be published in the official Gazette.
• All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.

77. Saving as to court-fees- Except for the provisions as to copies contained in section 6A nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees.

78. Act to be translated and sold cheaply- The Government] shall make provision for the sale of translations of this Act in Bengali as such price as it may, by notification in the official Gazette, fix per copy.

তথ্য উৎসঃ Stamp Act, 1899