State of Odisha - Act
The Orissa Supply and Sale of Stamps and Stamped Papers Rules, 1990
ODISHA
India
India
The Orissa Supply and Sale of Stamps and Stamped Papers Rules, 1990
Rule THE-ORISSA-SUPPLY-AND-SALE-OF-STAMPS-AND-STAMPED-PAPERS-RULES-1990 of 1990
- Published on 27 June 1990
- Commenced on 27 June 1990
- [This is the version of this document from 27 June 1990.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, commencement and extent.
2. Forecast of requirement.
3. Indents for supply of stamps and stamped papers.
1st. day of April to the 31st day of July;
1st. day of August to the 30th day of November; and
1st. day of December to the 31st day of March.
(c)The annual indent referred to in Clause (a) shall reach the Board of Revenue not later than the 7th day of March.(d)The indents for each of the four month periods referred to in Clause (b) shall reach the Board of Revenue not later than -| 7th day of November | ... | for the April-July period of the previous year |
| the 7th day of March | ... | for the August-November period, and |
| the 7th day of July | ... | for the December-March period. |
4. Supply of stamps and stamped papers.
5. Accounts of Stamps received to be maintained.
6. Supplies to Sub-Treasuries.
- A Sub-Treasury Officer who does not receive stamps directly from Central Stamp Store shall submit his indent to the Treasury Officer. The Treasury Officer shall make the supply alongwith the communication in Form No. 17 of Schedule XXXII.7. Despatch of plus and minus memorandum to the Accountant General.
- Treasury/Special Treasury Officers and Sub-Treasury Officers who receive their indents directly from the Central Stamp Depot will forward to the Accountant-General the plus and minus memorandum in Schedule XXV-Form No. 189 on the 7th day of each month with copies to the [Inspector-General of Registration] [Substituted vide OG. No. 8 Dated 19.2.99.]; the Director of Printing and Stationery; and Director of Treasuries and inspections, besides the Receipts, Schedule and the Expenditure Statement prescribed by the Accountant-General.8. Director of Treasuries and inspections is competent to issue further instructions.
- The Director of Treasuries and inspections shall be competent to issue, from time to time, instructions not inconsistent with these rules on verification of stamps, maintenance of stamps, accounts and submission of reports and returns to him by Treasury/Special Treasury/ Sub-Treasury Officers.9. Disposal of stamped paper with manufacturing defects.
- Stamps and stamped papers found unfit for issue due to manufacturing defects shall be sent to the Central Stamp Depot for replacement free of charge.10. Disposal of stamps and stamped papers damaged or spoilt.
- Stamps and stamped papers damaged in transit or spoilt or damaged by whiteants or rodents or damaged due to dampness and thus rendered unsalable shall be destroyed in the following manner.(i)A detailed report about the exact reasons for damage caused to the stamps and stamped papers, extent of damage, denomination, number and total face value of the same, preventive and remedial steps taken for eliminating scope for damage and any other relevant information shall be sent by the concerned Treasury/Sub-Treasury Officer to the Director of Treasuries and inspections, Orissa (with a copy to the Treasury Officer in case of Sub-Treasuries).(ii)The Director, Treasuries and inspections shall inspect the damaged stamps in course of his inspection of the concerned Treasury, Special Treasury or Sub-Treasury and, thereafter, may issue written orders for destruction of damaged stamps and stamped papers indicating the total number of each denomination of the same to be destroyed by fire at a safe place near the Treasury :Provided that a copy of the said order shall be given to the Collector of the district with a request to depute an officer of the rank of an Additional District Magistrate to be present at the time of destruction of the stamps and stamped papers.Note. - (1) The expressions "Director of Treasuries and inspections" in this clause includes, so far as Sub-Treasuries are concerned, a Treasury Officer nominated by him.| No. of stamps | Description of stamps | Value | Remarks |
| (1) | (2) | (3) | (4) |
| Date.................. | Signature |
| Place................. | Treasury Officer........... |
| No. and date of letters forwarding stamps | From whom received | No. of stamps | Description of stamps | Value | Date of destruction | Certificate of officers in whose presencedestroyed |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
11. Inspection by the Director of Treasuries and inspections, Orissa.
12. Ex-officio and licensed vendors.
- Stamps, both judicial and whether impressed or adhesive, shall be sold to the public through ex-officio or licensed vendors in the manner hereinafter prescribed.Note. - There are two kinds of stamp for indicating the payment of duty instruments under the Indian Stamp Act and the Rules framed thereunder, namely :13. Sale of stamps only at the Treasuries, Special Treasuries and Sub-Treasuries.
- Stamps and stamped papers shall be sold only at Treasuries, Special Treasuries and Sub-Treasuries. All Treasury Officers, Special Treasury Officers and Sub-Treasury Officers shall be ex-officio vendors.14. Restrictions.
- No Treasury/Special Treasury/Sub-Treasury Officer or other subordinate officer or staff in charge of stamps shall purchase stamps at a discount for sale on this own account to the public.15. Licensed Stamp vendors.
- Licences may be granted to Private persons for sale of stamps and stamped papers in the manner hereinafter provided.16. Grant of licence to private persons to sell stamps and stamped papers.
17. Criteria for grant of licences.
18. Fee for the licence and its renewal.
- A fee of rupees fifty shall be paid by every person selected for grant of licence to vend stamps and stamped papers. If he wishes to renew the licence, he shall pay a fee of ten rupees for each calendar year (not exceeding five) for which he seek a renewal. The application for renewal shall be submitted at least two months prior to the expiry of the licence, but the authority competent to grant the licence may, for sufficient reasons, accept an application for renewal submitted within six months from the date of expiry of the licence. An application for renewal submitted after this period shall be treated as an application for the grant of a fresh licence. The fees shall be paid into the Treasury through a challan which specifies (tie head of account. Every application either for grant of licence or for renewal thereof shall be submitted in the form set forth in Annexure II.19. Register of licences.
- The Licensing Authority shall maintain the Register of Licences in the form set forth in Annexure IV. The serial number in Column 1 of the Register and the year to which it relates shall be the number of the licence. If, for example, an application is registered against Serial No. 18 of the Register for 1990, the licence number shall be 18/1990.20. Duration of the licence.
- The licence granted under these rules shall remain valid till the 31st of December of the fifth year from the year in which it is issued (inclusive of the year of issue). It can be renewed for a maximum period of five years at a time.21. Suspension and cancellation of the Licence.
22. Appeal against suspension or cancellation of the licence.
23. Registration by a Vendor.
- A licensed vendor may resign from vendorship through a letter addressed to the Licensing Authority. The licence granted to him shall invariably be enclosed to this letter. The Licensing Authority shall as soon as may be after the expiry of fifteen days from the date of receipt of this letter, accept the resignation whereupon the licence shall be deemed to have been revoked. The word Revoked shall be written in red ink on every page of the licence. The fact of such revocation shall be noted in the Register at Annexure IV by scoring out the entries in red ink and by noting the fact of revocation; and its date in the Remarks column.24. Revocation of the licence in other circumstances.
- The Licensing Authority may revoke a licence if the Vendor is found to have discontinued the business of sale of stamps and stamped papers or is reported dead.25. Licensed Vendor to obtain supply from the Treasury only.
- A Licensed Vendor shall obtain supplies of stamps and stamped papers which he is authorised to sell from the Treasury/Special Treasury/Sub-Treasury, as specified in the licence. He shall, for supply, deposit into the Treasury the face value of stamps and stamped papers he wishes to purchase less the discount admissible under Sub-rule (1) of Rule 26.26. Discount.
| Face value of the stamp or the stamped paper | Rate of discount | |
| At headquarters of Treasuries/ Spl. Treasuries/Sub-Treasuries | At other places | |
| (1) | (2) | (3) |
| All stamps except Court-fee and copy stamps, | ||
| Up to Rs 50 each | 4% | 5% |
| Exceeding Rs. 51, but not exceeding Rs. 250 each | 2% | 3% |
| Exceeding Rs. 251, but not exceeding Rs. 1,000 each | 2% | 2.50% |
| Exceeding Rs. 1,000 each, but not exceeding Rs. 50,000 each | 0.50% | 0.50% |
| Court-Fee and copy stamps | 1.50% | 2.50% |
27. No discount allowable to a person other than a licensed vendor.
- Where any person other than a licensed vendor himself purchases stamps or stamped papers from the Treasury/Special Treasury/Sub-Treasury, no discount shall be allowed to him.28. Refund of value of Stamps.
29. Accounts etc. to be open for inspection.
- Every vendor shall allow the Collector, or any Officer duly authorised by him or by the Board of Revenue (and, within the premises of a Civil Court, the District Judge or any Officer duly authorised by him) or the licensing authority to inspect at any time his accounts and registers and to examine the stock of stamps in his possession.30. List of licences to be furnished to Treasury/Special Treasury/ Sub-Treasury Offices.
- For licensing authority shall forward in January of each year a list indicating the names of licensed vendors their licence numbers and the period for which each licence is valid to the concerned Treasury/ Special Treasury/Sub-Treasury Officer. If new licences are granted or a licence is renewed, the fact shall also be reported to them without loss of time.Chapter-IV Duties of Vendors31. Licensed vendor to exhibit signboard, licence etc.
- Every licensed vendor shall at all times have stuck up in a conspicuous place of sale a signboard bearing the name of the vendor with the words "Licensed Stamp Vendor" in English and/or Oriya. He shall also have on view in the place of vendors licence and a chart indicating the duty and additional stamp duty payable under the law on different kinds of instruments.Note. - The District Sub-Registrar or a Sub-Registrar shall, on request supply a licensed vendor a copy of the chart. A licensed vendor may display any other chart, but will be liable to be proceeded against under Rule 21 (and also under the criminal law) if such chart contains any entry indicating an amount other than that authorised by law.32. Particulars to be entered on back of impressed sheets and in Register kept for the purpose.
| Sl. No. | Date of sale | Value of stamp | Name and address of purchaser | Purchaser's Signature (or L.T.I.) | Signature of the vendor |
| (1) | (2) | (3) | (4) | (5) | (6) |
33. Register how to be kept.
- The register referred to in Sub-rule (1) of Rule 32 shall be kept in bound volumes. There shall be one volume for each year and It the volume is exhausted before the expiry of the year, a new volume may be opened. The year to which a volume relates shall be mentioned on its cover as well as in its first page which should also indicate the number of pages in the volume, the date from which it is in use and the name of the vendor. Each page of a volume should be numbered.34. Submission of the register for-inspection and its deposit at the and of the year.
35. Overcharging strictly prohibited.
- No ex-officio or licensed vendor shall collect more then the face value of any stamp or stamped paper. He shall also deliver immediately on the tendering of the value, the stamp or stamped paper to the purchaser.36. Number of stamps for a single instrument.
- When a stamped paper is required for any instrument, a single sheet of the required value is to be issued. If a single sheet of the required value is not available, the number of sheets issued shall not exceed the smallest number the face value of which is equivalent to the duty, in every such case, the number of sheets issued and the face value of each shall be mentioned in column 6 of the register referred to in Sub-rule (1) of Rule 32. The authorities referred to in Rule 34 should, as soon as a complain is received or in any case at frequent intervals, verify the register maintained by licensed vendors with reference to stock available with them.Annexure-IForecast of requirement of Stamps and Stamped Papers for the periodName and location of Treasury/Special Treasury/Sub-Treasury.........| Sl. No. | Denomination | Actual issues during | ||
| 1st preceding year | 2nd preceding year | 3rd preceding year | ||
| (1) | (2) | (3) | (4) | (5) |
| Average annual consumption (based on actualconsumption figures during three preceding years) | Balance in hand on 1st day of April of precedingyear | Estimated issues during 1.8.... to 31.7.... | Estimate of supply to be made by Central StampStore during 1.8.... to 31.7.... |
| (6) | (7) | (8) | (9) |
1. Full name with father's/husband's name....
2. Address -
3. Age and date of birth...
4. Educational qualification....
5. Whether orthopedically handicapped....
6. Were you at any time convicted of a criminal offence involving moral turpitude ? If so, give details....
7. Has your licence ever been revoked or cancelled ? If so, give details....
8. Are you an applicant for a new licence or do you want to renew your licence ? in case of renewal, please give the number and year of the licence.....
9. Period for which licence/renewal is sought....
10. Give particulars of the amount deposited as fee and of the challan in which deposit was made (duplicate copy of the challan to be enclosed)....
11. Place of Vend.....
DeclarationI...............do hereby solemnly declare that the information and particulars furnished herein are true and correct to the best of my knowledge and belief, that I have gone through the provisions of the Orissa Supply and Sale of Stamps and Stamped Papers Rules, 1990 and that I fulfil all the conditions of eligibility specified therein and that none of the conditions of ineligibility described therein is applicable to me.I further undertake to abide by the conditions of the licence and by the provisions of the Rules referred to above.| Place | Signature |
| Date |
| No................. | Dated the................. |
1. Adhesive stamps and stamps embossed or printed on paper used under the Indian Stamp Act, 1899 of value not exceeding fifty thousand rupees shall only be sold under this licence.
2. You shall obtain supply of such stamps only from the............ Treasury/Special Treasury/Sub-Treasury and shall be entitled to discount on the value or purchase in the manner specified in the Rules aforesaid.
3. You shall exhibit in the place of vend a sign board bearing words "Licensed Stamp Vendor" in English and/or Oriya.
4. You shall have on view in the place of vend your licence and a chart indicating the stamp duty and additional stamp duty on different kinds of instruments.
5. You shall note on the back of every stamped paper you sell the annual serial number, the date of sale, the name and address of the purchaser and the value of the stamped paper. You shall obtain the signature (or, if he is illiterate, the left thumb impression) of the purchaser on the back of the stamped paper and shall also affix your signature there.
6. You shall maintain up-to-date the Register of Sale of Stamped Papers in the manner prescribed in the Rules aforesaid. This Register shall be maintained annually and in bound volumes. The year to which a volume relates shall be written on its cover as well as in its first page which should also indicate the number of pages in the volume, the date from which it is in use and your name. Each page of volume should be numbered.
7. You shall make available this Register for inspection by the undersigned, by the Collector of the district and by any officer referred to in the aforesaid Rules.
8. If your place of vend is in the premises of a Civil Court you shall make available this Register for inspection by the District Judge or by any officer/authorised by him in this behalf.
9. You shall not knowingly make a false endorsement on the stamped paper sold or a false entry in the Register.
10. You shall, without delay, supply any stamp in your possession for sale that may be demanded on tender of its value.
11. You shall not sell any stamp the use of which has been ordered by the competent authority to be discontinued or take for any stamp more than the value denoted thereon.
12. Your licence is subject to suspension/or cancellation in accordance with the provisions of the Rules aforesaid and you would, if you are guilty of an offence under Section 69 of the Indian Stamp Act, 1899, be liable for penalty thereunder.
2. This licence is valid till the 31st day of December.........
| Dated the.....................Place................... | Signature and seal of theLicensing Authority |
| Sl. No. | Name, Father's/ Husband's name full permanentpostal address | Name of the office(s)/ Court(s)/ area for whichlicence is issued | District/ Special/ Sub-Treasury from which stampsand stamped papers to be obtained | Whether new licence or renewal of licence. Ifrenewal mention number and year of licence last issued |
| (1) | (2) | (3) | (4) | (5) |
| Date from which licence is effective | Date of expiry of licence | Amount of fee deposited | No. and date of Treasury Challan in respect ofthe fee deposited |
| (6) | (7) | (8) | (9) |
| Reference to case record No. and year, relatingto issue of this licence | Date of issue of licence | Letter No. and date of issue of intimation toTreasury/ Special Treasury/ Sub-Treasury Officers concerned aboutissue of licence | Signature of Licensing Authority with date |
| (10) | (11) | (12) | (13) |
| Signature of licensee with date | Reference to orders of cancellation etc. of thelicence | Date from which the licence has becomeinoperative due to cancellation, etc. | Remarks |
| (14) | (15) | (16) | (17) |