(1)[Subject to the provisions of section 32-A, every person] [These words were substituted for the words 'Every person' by Maharashtra 16 of 1979, Section (8), (w.e.f. 4.7.1980).] having by law or consent of parties authority to receive evidence and every person in charge of a public office, except an officer of police [or any other officer, empowered by law to investigate offences under any law for the time being in force,] [These words were inserted by Maharashtra 27 of 1985, Section 20 (a) (i), (w.e.f. 10-12-1985).] before whom any instrument chargeable, in his opinion, with duty, is produced or comes in the performance of his functions shall, if it appears to him that such instrument is not duly stamped, impound the same [irrespective whether the instrument is or is not valid in law.] [These words were added by Maharashtra 27 of 1985, Section 20 (a) (ii), (w.e.f. 10-12-1985).](2)For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law for the time being in force in the State when such instrument was executed or first executed:Provided that,-(a)nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do any instrument coming before him in the course of any proceeding other than a proceeding under [Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973] [These words, figures and letters were substituted for the words and figures 'Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898' by Maharashtra 27 of 1985, Section 20 (d), (w.e.f. 10-12-1985).];(b)in the case of a judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court may appoint in this behalf.(3)For the purposes of this section, in cases of doubt, -(a)the State Government may determine what offices shall be deemed to be public offices; and(b)the State Government may determine who shall be deemed to be persons in charge of public offices.
