41. Endorsement of instruments on which duty has been paid under section 34, 39 or 40.
(1)When the duty and penalty (if any) leviable in respect of any instrument [(not being any instrument referred to in sub-section (1) of section 32-A)] [These brackets, words, figures and letter were inserted by Maharashtra 16 of 1979, Section 10, (w.e.f. 4-7-1980).], have been paid under section 34, section 39 or section 40, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.(2)[Subject to the provisions of section 53A, every instrument] [These words figures and letter was substituted for the words 'Every instrument' by Maharashtra 27 of 1985 Section 25(a), (w.e.f. 10-12-1985).] so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered [on the application in this behalf, to the person who produced it, or to the person from whose possession it came into the hands of the Officer impounding it, or to any other person according to the directions of such person:] [This portion was substituted for the portion beginning with the words 'on his application' and ending with the words 'such person may direct,' by Maharashtra 27 of 1985, Section 25(a), (w.e.f. 10-12-1985).]Provided that,-(a)no instrument which has been admitted in evidence upon payment of duty and a penalty under section 34, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate;(b)nothing in this section shall affect the provisions of rule 9 of Order XIII in Schedule I of the Code of Civil Procedure, 1908.
