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State of Haryana - Section

Section 28 in The Punjab Stamp Rules, 1934

28.

Every license granted under these rules shall be subject to the following conditions:(i)The vendor shall obtain all supplies of stamps [including revenue stamps] [Substituted by Haryana Notification No. S.O.88/C.A. 2 & 7/1899 & 1870/Sections 74 & 27/2005 dated 18.11.2005.] which he is authorised to sell only from the treasury on sub-treasury of the district for which his license is granted. [If he cannot attend personally for the purpose, he may depute an agent able to satisfy the ex officio vendor as to identity. The receipt for the stamps issued shall be taken by the ex officio vendor from the stamp vendor's agent in addition to that of the stamp vendor himself on the back of the form A and T. No. 349.] [Added by Punjab Government notification No. 158-ST, dated the 24th April, 1934.](ii)The vendor shall keep such stock of the stamps [including revenue stamps] [Substituted by Haryana Notification No. S.O.88/C.A. 2 & 7/1899 & 1870/Sections 74 & 27/2005 dated 18.11.2005.] which he is authorised to sell, as may be prescribed by the Collector of the district, with due regard to the convenience of the treasury officer, the stamp vendor and the litigant public.(iii)Subject to the provisions of chapter V of the Indian Stamp Act, 1899, and rules made under Section 27(c) of the Court-fee Act, 1870 (as to renewal) and the orders of the Governor-General in Council published in resolution No. 132 of the 11th January, 1888 (as to refunds), the vendor shall not obtain (by purchase, exchange, or otherwise) any stamp from any person other than an ex officio vendor.(iv)The vendor shall sell stamps which he is authorised to sell only at the place mentioned in his license and in accordance with these rules.(v) (a)The vendor shall not allow any other person except his agent appointed as in paragraph (b) of this condition, to transact on his behalf any business which he is required by these rules to do himself.(b)During short periods of absence not exceeding one week at a time, the vendor may appoint an agent for the sale of stamps, making a note to this effect in the vend register before and after the entries of the sale by the agent. If the agent is required for more than a week but less than a month, he must obtain the permission of the Tahsildar or if resident in a sub-tahsil, of the Naib-Tahsildar. The vendor shall be responsible for all acts of his agent. If the vendor is absent for more than a month the matter must be reported to the Collector who may either (a) authorise the retention of an agent for a longer period, or (b) temporarily or permanently transfer the license to some other person.(vi)The vendor shall not sell stamps of any kind the use of which has been discontinued or prohibited by Competent authority. [The Competent Authority shall be Secretary to the Government of Haryana, Revenue Department] [Added vide Haryana Government Notification dated 16.2.1990.](vii)The vendor shall be bound to sell to any person upon immediate payment any stamps of a kind or value permitted by his license, but not of any other kind or value. The vendor shall not deemed or accept for any stamp any consideration exceeding the value of such stamp.(viii)The vendor shall accept payment for any stamp sold by him in any currency which would be accepted on behalf of Government at a district treasury.(ix)[ The vendor shall not sell any court fee or non-judicial stamp exceeding Rs. [1000/-] [Substituted vide Haryana Government Notification dated 3.4.1981.]. When application is made to the vendor for stamps exceeding Rs. 1000/- either in the case of court fee stamps or in the case of non-judicial stamps, he shall refer the application to the ex-officio vendor.](x)If application is made to the vendor for non-judicial stamp of a value not exceeding [Rs. 1000/-] [See Haryana Governmetn Notification dated 23-8-1991] required in the form of an impressed sheet to denote the duty on any document, the licensed or specially licensed vendor shall, if it is available in his stock, supply the applicant with a stamp of the value required, and if a stamp of such value is not available in his stock he may supply in lieu of it the smallest number of impressed sheets available in his stock by which the duty required can be made up. The licensee shall not attempt to make up stamp duty exceeding [Rs. 1000/-] [Haryana Governmetn Notification dated 23-8-1991] by the issue of two or more stamps of lower denominations.(xi) (a)When in the case of Court-fees amounting to less than Rs. 25 the amount can be denoted by a single adhesive stamp the vendor shall issue a single adhesive stamp of the required value. But if the amount cannot be denoted by a single adhesive stamp, or if a single adhesive stamp of the required value is not available in the stock of the vendor, he shall supply an adhesive Court-fee stamp of the next lower value available and make up the deficiency by the issue of one or more additional adhesive stamps of the next lower values, which may, be required to make up the exact amount of the fee.(b)When in the case of Court-fees amounting to or exceeding Rs. 25 the amount can be denoted by a single impressed stamp the vendor shall issue a single impressed stamp of the required value. But, if the amount cannot be denoted by a single impressed stamp of the required value is not available in his stock the vendor shall supply an impressed stamp of the next lower value available, and the deficiency shall be made up by the issue of one or more additional impressed stamp of the next lower value available which may be required to make up the exact amount of the fee, in combination with adhesive stamps to make up fractions of less than Rs. 25.(c)When the vendor is unable to furnish a single stamp of the value required by a purchaser, he shall give a certificate to that effect in the form below. The certificate referred to must be affixed to the document :-(Form of certificate)"Certified that a single stamp of the value of Rs._________required for this document is not available, but, in lieu thereof I have furnished a stamp of the next lower value available, and make up the deficiency by the use of one or more stamps of the next lower adhesive/impressed values available required to make up the exact amount of the fees."(d)The licensee shall not attempt to make up Court-fee exceeding [Rs. 1000/-] [Haryana Government Notification Dated 23-8-1991.] by the issue of two or more stamps of lower denominations.(xii)[ The vendor shall, at the time of sale to the public write, with his own hand, in indelible ink in English or [Hindi] [Condition (xii) Substituted by Punjab Government notification No. 677-E and S., dated 28th January, 1935.] on the blank space left for this purpose on each adhesive Court-fee stamp, the name, caste, or tribe and surname (if any) and residence of the purchaser, the date of the sale and the signature of the vendor, and if the stamp is purchased by any person other than the principal the said particulars in regard to both the agent and the principal;Provided that -(a)if the name to be written is that of an Indian man or unmarried woman, the vendor shall, in addition to the name and other particulars regarding such man or unmarried woman, write the name or his or her father;(b)if the name is that of an Indian married woman or widow, the vendor shall, in addition to the name and other particulars regarding her, write the name of her husband; and(c)if the stamp is purchased for any person by a pleader or an advocate as agent, the vendor need only write the name and parentage of the principal and where the parentage cannot be conveniently ascertained, brief particulars of the case, together with a sufficient description of the agent.](xiii)The vendor shall, with his own hand, write in indelible ink in English or [Hindi] [Substituted for 'Urdu' vide Haryana Notification No. GSR 197/CA2/1899/S.74/72 dated 11.8.1972.] at the time of sale, on the back of every non-judicial or Court-fee impressed stamp which he sells -(a)serial number;(b)the date of the sale;(c)[ (i) the name, caste or tribe and surname (if any) and residence of the purchaser; [Clauses (c) and (d) of condition (xiii) Substituted by a new clause (c); and consequently clause (e) altered to Clause (d) by Haryana Notification No. GSR 197/CA2/1899/S.74/72 dated 11.8.1972.](ii)if the stamp is purchased by any person other than the principal, the said particulars in regard to both the agent and the principal :Provided that -(a)if the name to be written is that of an Indian man or unmarried woman, the vendor shall, in addition to the name and other particulars regarding such man or unmarried woman, write the name of his of her father;(b)if the name is that of an Indian married woman or widow, the vendor shall, in addition to the name and other particulars regarding her, write the name of her husband; and(c)if the stamp is purchased for any person by a pleader or an advocate as agent, the vendor need only write name and parentage of the principal and where the parentage cannot be conveniently ascertained, brief particulars of the case together with a sufficient description of the agent;](d)[] [Clauses (c) and (d) of condition (xiii) Substituted by a new Clause (c); and consequently Clause (e) altered to Clause (d) by Haryana Notification No. GSR 197/CA2/1899/S.74/72 dated 11.8.1972.] the value of the stamp in full words, and shall affix [his dated signature] [Substituted for the words 'his signature' by Government of Punjab Department of Revenue And Rehabilitation (Stamp and Registration Branch) Notification No. G.S.R.30/C.A. 2/1899/Section 74/Amd.(7)/2003, dated the 25th June, 2003.] to the endorsement.He shall at the same time make corresponding entries in his vend register, and shall also invite the purchaser to attest them by his signature or thumb impression, or both, and in the event of the purchaser refusing so to attest the entry of sale, the vendor shall refuse to sell the stamp required and shall cancel any entries made regarding it in his register.Note. - Particular care should be exercised in the taking of finger impressions. The proper kind of ink to use is printer's ink and this should be used exclusively. This shall be obtained by the vendor himself. It should be used with a thin slab and not with a pad. Country ink should never be used :,[Provided further that on sale of non-judicial stamp paper the vendor shall mark his stamp alongwith dated signature, licence number and the date of validity of his licence on its back.] [Added by Government of Punjab Department of Revenue And Rehabilitation (Stamp and Registration Branch) Notification No. G.S.R.30/C.A. 2/1899/Section 74/Amd.(7)/2003, dated the 25th June, 2003.](xiv)The vend register referred to in condition (xiii) shall contain columns for the following particulars, and in it the vendor shall regularly and correctly enter these particulars, viz, -(a)the date of sale of any impressed sheet sold;(b)the serial number of the entry of every such sale, a new series of numbers being commenced on the first day of April, in each year and the total number of stamps sold to make up any value required being entered under a single serial number;(c)the value (in words) of each stamp sold, the total value of stamps sold in each transaction;(d)[(i) the name, caste or tribe and surname (if any) and residence of the purchaser; [Clauses (d) and (e) of condition (xiv) Substituted by a new Clause (d); and consequently Clauses (f) and (g) altered to Clauses (e) and (f).](ii)if the stamp is purchased by any person other than the principal, the said particulars in regard to both the agent and the principal;Provided that -(a)if the name to be written is that of an Indian man or unmarried woman the vendor shall, in addition to the name and other particulars regarding such man or unmarried woman, write the name of his or her father;(b)if the name is that of an Indian married woman or widow, the vendor shall, in addition to the name and other particulars regarding her, write the name of her husband; and(c)if the stamp is purchased for any person by a pleader or an advocate as agent, the vendor need only write the name and parentage of the principal, and where the parentage cannot be conveniently ascertained, brief particulars of the case, together with a sufficient description of the agent.](e)[(1) In the case of non- judicial stamps. - The purpose for which the purchaser states that the stamp is purchased. [Clause (e) of condition (xiv) Substituted by Punjab Government notification No. 320-St., dated the 29-2-1940.]
(2)In the case of court-fee stamps. - The purpose for which the purchaser states that the stamp is purchased, i.e. (1) value (for purposes of court-fee) and nature of the suit or appeal and (2) name of the person against whom the suit or appeal is to be instituted, together with the particulars mentioned in column 4 as in the case of purchaser.]
(i)Signature or thumb-impression of purchaser, if the purchaser consents to sign the entry, or make the impression, and if he does not consent, the reasons for his not consenting, in case the purchaser states his reasons.
(ii)When any register becomes filled up, the vendor shall deliver the same to the Collector or other officer deputed to receive the same.
(xv)The vendor shall not knowingly endorse on any impressed sheet sold the name of any person other than the actual purchaser or the person on whose behalf the stamps is being purchased, deliver any stamps sold to any person other than the person whose name is endorsed thereon as that of the purchaser. The vendor shall not also retain in his possession for more than seven days any endorsed stamp entered as sold in his register of which the vendee fails to take delivery. In case of such failure he shall, on the expiry of seven days, forward the stamp to the Collector for cancellation and refund of its value or issue of another stamp in exchange thereof.
(xvi)The vendor shall, upon the demand of the Collector, whenever required so to do, deliver up all stamps in his custody or possession of such vendor, and if such stamps have been paid for by such vendor, the value thereof, less any discount which may have been allowed at the time of the purchase thereof to such vendor shall be refunded to him.
(xvii)The vendor shall at all times have posted in a conspicuous place outside the place of vend, a sign-board bearing in English and [Hindi] [Substituted for 'Urdu' vide Haryana Notification No. GSR 197/CA2/1899/S.74/72 dated 11.8.1972.] characters-
(a)the name of the vendor with words "Licensed vendor" of non-judicial [including revenue stamps] [Substituted by Haryana Notification No. S.O.88/C.A. 2 & 7/1899 & 1870/Sections 74 & 27/2005 dated 18.11.2005.]/ Court-fee stamps. He shall also have in the place of vend his license and the Acts of the Legislature and their schedules referring to the stamps sold, by him, together with these rules in English and [Hindi] [Substituted for 'Urdu' vide Haryana Notification No. GSR 197/CA2/1899/S.74/72 dated 11.8.1972.], placed so that they can be readily seen and read by purchasers.
(b)The licensee is not allowed to charge more than face value of stamps.
(xviii)The vendor shall not any time offer any objection or resistance to the inspection of his registers or the examination of his stock of stamps by any officer duly authorized by the Collector or by Government to make such inspection or examination.
(xix)The vendor shall submit to the [Treasury officer or Assistant Treasury Officer where sub-tresuary exists] [Substituted by Haryana Notification No. GSR 50/C.A. 2/99/Section 74/83 dated 20.7.1983], after the close of each quarter a return in the standard vernacular form No. 217. He shall also submit such other returns as may be prescribed from time to time.
(xx)The remuneration to the vendor shall be in the form of discount allowed from time to time under the orders of the local Government.
(xxi)[ Additional conditions applying to ex officio vendors who are also licensed to sell stamps not exceeding] [Haryana Government Notification dated 3-4-1981.] [Rs. 1000/- in case of court fee or in case of non-judicial stamps] [Substituted Haryana Notification Dated 23-8-1991.] and to receive commission on the sale of such stamps :-
This license should be in the name of a servant or an agent who will have no authority to perform any of the treasurer's or sub-treasurer's official duties in connection with stamps. This servant or agent should -
(a)sit separately away from the treasurer or sub-treasurer and not with his principal in the treasurer's room;
(b)have no access to the store of stamps in the single or double locks;
(c)not perform any duty connected with the issue of stamps;
(d)not prepare the treasurer's or sub-treasurer's indents, nor keep the store books nor compile the monthly stamp accounts.
Note. - (1) There is, however, no objection to the stamp boxes belonging to the agents of the divisional or district contracting treasurers being kept for the night in the single lock rooms of treasuries and sub- treasuries on the understanding that Government accepts no liability in case of theft or loss.[Note. - (2) The sub-treasurer at Ferozepore Jhirka is, however, permitted as a special case, also to act as an ex officio stamp vendor.] [Added by Punjab Government notification No. 2590-St., dated 1st November, 1945.]