(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 instrument, by means of stamps,-(a)according to the provisions herein contained; or(b)when no such provision is applicable thereto, as the State Government may, by rules, direct.(2)The rules made under sub-section (1) may, among other matters, regulate,-(a)in the case of each kind of instrument, the description of stamps which may be used;(b)in the case of instruments stamped with impressed stamps, the number of stamps which may be used.[(2-1A) From the date of coming into force of the Bombay Stamp (Amendment) Ordinance, 2003, in the case of instruments, stamped with impressed stamps, such stamps shall bear the stamp and signature with date, of the authorised officer of the Treasury, Sub-treasury or the General Stamp Office in the State or of the proper officer appointed by the Chief Controlling Revenue Authority, Superintendent of Stamp or Collector of Stamps in the State:Provided that, the Chief Controlling Revenue Authority may, by notification in the Official Gazette, from the specified date, do away with such requirement.] [Sub-section (2-1A) was inserted by the Maharashtra Act No. 10 of 2003, Section 2, (w.e.f. 3.2.2003).](2A)[ The Chief Controlling Revenue Authority may, subject to such conditions as he may deem fit to impose, authorise use of franking machine or any other machine specified under sub-clause (iv) of clause (k) of section 2, for making impressions on instrument's chargeable with duties to indicate payment of duties payable on such instruments;(2B)(a)Where the Chief Controlling Revenue Authority or the Superintendent of Stamps, Bombay when authorised by the Chief Controlling Revenue Authority in this behalf, is satisfied that having regard to the extent of instruments executed and the duty chargeable thereon, it is necessary in public interest to authorise any person, body or organisation to such use of franking machine or any other machine, he may, by order in writing authorise such person, body or organisation;(b)Every such authorisation shall be subject to such conditions, if any, as the Chief Controlling Revenue Authority may, by any general or special order, specify in this behalf.(2C)The procedure to regulate the use of franking machine or any other machine as so authorised shall be such as the Chief Controlling Revenue Authority may, by order determine.] [Sub-sections (2A) to (2C) were added by Maharashtra 20 of 1994, Section 3(1), (w.e.f. 28.2.1994).](3)[ Notwithstanding anything contained in sub-section (1), the Chief Controlling Revenue Authority, shall, by notification in the Official Gazette, specify the instruments in Schedule I in respect of which the duties chargeable, as specified in column 2 of the said Schedule shall be paid,-(i)by means of a franking machine;(ii)by way of cash;(iii)by demand draft; [* * *](iv)[by pay order; or] [These words were substituted for the words 'pay order' by Maharashtra 41 of 2011, Section 3(b), (w.e.f. 28.11.2011).](v)[ by e-payment;] [Clause (v) was added by Maharashtra 41 of 2011, Section 3(c), (w.e.f. 28.11.2011).]in any Government Treasury or Sub-Treasury or General Stamp Office, [or as the case may be, Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury)] [These words were inserted by Maharashtra 41 of 2011, Section 3(d), (w.e.f. 28-11-2011).] and such payment shall be indicated on such instrument by endorsement to that effect made on the instrument by the proper officer duly notified by the Chief Controlling Revenue Authority for this purpose.] [Sub-section (3) was substituted by Maharashtra Act No. 10 of 2003, Section 2, (w.e.f. 3.2.2003).][Explanation. - For the purposes of this sub-section, the expressions "demand draft" and by "pay order" mean the demand draft or pay order issued by the State Bank of India constituted under State Bank of India Act, 1955 or, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer or Undertakings) Act, 1970 or, under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or, any other bank being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934.] [This Explanation was added by Maharashtra 9 of 1988, Section 33(c).](4)[ An impression made under sub-sections (2A), (2B) and (2C) or, as the case may be, an endorsement made under sub-section (3), [or under sub-section (2) of section 32A] [Sub-section 4 was substituted by Maharashtra 20 of 1994, Section 3(3), (w.e.f. 28.2.1994).] on any instruments, shall have the same effect as if the duty of an amount equal to the amount indicated in the impression or, as the case may be, stated in the endorsement has been paid, in respect of, and such payment has been indicated on such instrument by means of stamps, under sub-section (1).]
