10. [ Duties how to be paid. [Substituted by Act No. XII of 2011, dated 25th April, 2011.]
(1)Except as otherwise expressly provided in this Act, all duties with which the instruments are chargeable shall be paid, and such payment shall be indicated on such instrument, [by means of stamps],-(a)in accordance with the provisions herein contained; or(b)when no such provision is applicable thereto, as the Government may by rules prescribe:(2)The rules as mentioned in clause (b) of sub-section (1) may, among other matters, regulate-(a)in the case of any or all kinds of instruments 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;(c)in the case of bills of exchange or promissory notes, the size of the paper on which they are written;(d)the use of franking machine or any other machine as specified in the rules; and(e)the use and procedure of electronic stamping.(3)Subject to the rules made under sub-section (2), the Government may authorize any person, body or organization, including post offices and banks, to use a franking machine or any other such machine for making impression of stamps, indicating the payment of stamp duty on the instruments.(4)The stamp duty may be paid in cash by a challan in any Government treasury, sub-treasury or bank authorized to conduct Government business and such payment shall be indicated on such instrument by endorsement to that effect made on the instrument by such officer as may be authorized by the Government in this behalf.(5)Notwithstanding anything contained in sub-section (4), and subject to rules made by the Government in this behalf, the duty on an instrument can also be paid in the Government Account electronically and indicated by means of a certificate issued under Electronic Stamping System specified by the Government for the purpose:Provided that if the Government is satisfied that circumstances exist in public interest to restrict the mode of indicating the payment of duty on any instrument or a particular class of instruments to any of the modes as specified in sub-section (4) and this sub-section, it can do so by an order published in this behalf in the Government Gazette.(6)An impression or endorsement made on an instrument under sub-sections (3), (4) and (5) shall have the same effect as if the duty of an amount equal to the amount indicated in the impression or endorsement, as the case may be, had been paid in respect of that instrument and such payment had been indicated on such instrument by means of stamps under sub-section (1).]
