015 The Indian Stamp (Kerala) Rules 1960

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Digital Reference Series - 002 0

015
Registration Rules (Kerala)

The Indian
Stamp (Kerala)
Rules, 1960

ASHOKAN PR
Digit al Reference Series - 015
Disclaimer: All possible efforts have been put in to ensure that the contents match with the original notifications.
[email protected] However, the compiler is not responsible for any liability on account of any error in this document.
The readers are advised to refer the original Gazette Notifications in case any discrepancy is felt.
Digital Reference Series - 015 1
The Indian Stamp (Kerala) Rules, 1960

THE INDIAN STAMP


(KERALA) RULES, 1960
No.G1-13823/59-3/RD Dated 10-08-1960

[Published in Kerala Gazette No.33, dated 16/08/1960, with effect from 01/09/1960.]

In exercise of the powers conferred by Sections 10, 11, 18, 37, 49 and 75 of the Indian
Stamp Act, 1899 (Act 2 of 1899), as in force in the State of Kerala and in supersession of the
corresponding rules in force in the State, the Government of Kerala make the following rules:—

1. These Rules shall be called the Indian Stamp (Kerala) Rules, 1960 and shall come into force with
effect from 01-09-1960.

2. The Kerala Stamp Rules, 1960 issued under the Kerala Stamp Act, 1959 (Act 17 of 1959) shall
apply in respect of documents specified in entry 91 of list I of the 7th schedule to the Constitution,
subject to the following modifications, namely:—

(i) The reference to the Act, Kerala Stamp Act, in the Kerala Stamp Rules, 1960 shall be
construed as reference to the Indian Stamp Act, 1899 as in force in the State of Kerala. The
rule or rules referred to in these rules refer to the rule or rules of the Kerala Stamp Rules,
1960.

(ii) The following shall be substituted for Rule 5, namely:—


“Rule 5— A promissory note or bill of exchange shall, except as provided by Section 11 or
by Rules 13 and 16 be written on paper on which a stamp of the proper value, with or
without the word “hundi” has been engraved or embossed.”

(iii) In Rule 6, reference to Section 11 shall be construed as Section 11 of the Indian Stamp Act.

(iv) In Rule 8 for fifty paise under Articles 17 and 40(b) or forty paise under Article 34 or
seventy five paise under Article 40(a) of the Schedule to the Act”] the following shall be
substituted “not exceeding 20 np. under Articles 37, 49 and 52 of Schedule I to the Indian
Stamp Act.”

(iva) Rule 11 shall be substituted as follows:—


Rule 11. Mode of offering the impressing labels.—
(1) The proper Officer shall upon any instrument specified in Rule 10 being brought to him
before it is executed, and upon application being made to him affix thereto a label or labels
of such value as the applicant may require and pay for with, reference to the amount of
transaction shown in the instrument and impress or perforate such label or labels by means
of a stamping machine or a perforating machine and also stamp or write on the face of the
label or labels the date of impressing of perforating the same. In the case of instruments
written on parchment, the labels shall be further secured by means of metallic eyelets:
Provided that where a bill of exchange is drawn in sets, the proper officer, while stamping the first part,
shall record on its second and subsequent parts the amount of transaction involved and the amount of
duty paid on the first part, without charging any additional fee therefor.

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The Indian Stamp (Kerala) Rules, 1960

(v) In Rule 12 the reference to Section 11 shall be construed as a reference to Section 11 of the
Indian Stamp Act and reference to Section 18, sub-section (2) shall be construed as a
reference to Section 18, sub-section (2) of the Indian Stamp Act.

(vi) Rule 13 shall be substituted as follows:—


Rule 13.— “The following instruments may be stamped with adhesive stamps, namely—
(a) Bills of exchange payable otherwise than on demand and drawn in sets when the
amount of duty does not exceed 10 np. for each part of the set.
(b) Transfers of debentures of public companies and associations.
(c) Instruments chargeable with the stamp duty under Article 47 of Schedule I of the
Indian Stamp Act.
(d) Instruments chargeable with stamp duty under Article 37, 49(a)(ii) and (iii) and
52 of Schedule I of the Indian Stamp Act.”

(vii) The following shall be added after Rule 14, namely:—


“14A. When any instrument of transfer of shares in a company or association is written on
a sheet of paper on which a stamp of the proper value is engraved or embossed or on which
special adhesive stamps of the proper value bearing the words “Share transfer” are affixed,
and the value of the stamp or stamps so engraved, embossed or affixed, is subsequently in
consequence of a rise in value of such shares found to fall short of the amount of duty
chargeable under Article 62(a) of Schedule I of the Indian Stamp Act, one or more
adhesive stamps bearing the words “share transfer” may be used to make up the amounts
required.”

(viii) Rule 16 shall be substituted as follows:


“16. The following instruments when stamped with adhesive stamps shall be stamped with
the following descriptions of such stamps, namely:—
(a) Bills of exchange, cheques and promissory notes drawn or made out of India and
chargeable with a duty of more than 10 np. with stamps bearing the words
“Foreign Bill”.
(b) Separate instruments of transfer of shares and transfers of debentures of public
companies and associations with stamps bearing the words “share transfer”.
(c) Instruments chargeable with a stamp duty under Article 47 of Schedule I— with
stamps bearing the words “Insurance”.

(ix) In Rules 18 and 19 reference to Chapter V of the Act shall be construed as reference to
Chapter V of the Indian Stamp Act. In Rule 19 after the words “immediate use” the
following words shall be deemed to have been inserted “or on the renewal of debentures”.

(x) Rule 21 shall be read as follows:--


“The Board of Revenue shall be the Chief Controlling Revenue Authority”.

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The Indian Stamp (Kerala) Rules, 1960

(xi) (a) Appendix I shall be substituted as follows:—


APPENDIX I
List of Instruments referred to in Rule 10(a)

(1) Bills of Lading— Article 12 of Schedule I of the Indian Stamp Act.


(2) Transfers of descriptions mentioned in Article 62 clause (a) and (b) of Schedule I of
the Indian Stamp Act when the duty payable exceeds Rs.15.

(b) Appendix II shall be substituted as follows:—


APPENDIX II
List of Instruments referred to in Rule 10(b)

(1) Bills of exchange payable otherwise than on demand and drawn in India— Article
13(b) and (c) of Schedule I of the Indian Stamp Act.
(2) Debentures— Article 27 of Schedule I of the Indian Stamp Act.

THE INDIAN STAMP MANUFACTURE


AND SALE (KERALA) RULES, 1960
No.G1-13823/59-5/RD Dated 10-08-1960

[Published in Kerala Gazette No.33, dated 16/08/1960, with effect from 01/09/1960.]

In exercise of the powers conferred by Sections 74 and 75 of the Indian Stamp Act, 1899
(Central Act II of 1899) as in force in the State of Kerala and in supersession of the existing rules
on the subject issued under the Indian Stamp Act and the Travancore-Cochin Stamp Act, the
Government of Kerala make the following rules:—

1. These rules shall be called the Indian Stamp Manufacture and Sale (Kerala) Rules, 1960. They
shall come into force with effect from 01-09-1960.

2. The Kerala Stamp Manufacture and Sale Rules, 1960, issued under the Kerala Stamp Act, 1959,
shall apply in respect of documents specified in entry 91 of list I of the 7th schedule of the
Constitution subject to the following modification:—
(a) The sale of receipt stamps of the value of 10 np. including 5 np. over printed Kerala
Revenue stamps in pairs shall also be made through Post Offices. Officers in charge
of Post Office will be deemed to be ex-officio stamp vendors for the purpose.
(b) The rate of discount under Rule 39 of the aforesaid rules that will be allowed to
licensed Stamp vendors on 10 np. receipt stamps shall be 3%.



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