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State of Gujarat - Section

Section 38 in The Bombay Stamp Act, 1958

38. Collectors power to refund penalty paid under section 37, sub-section (1).

(1)When a copy of an instrument is sent to the Collector under sub-section (1) of section 37 he may, if he thinks fit, refund any portion of the penalty in excess of five rupees 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.