State of Punjab - Act
The Punjab Stamp Refund, Renewal and Disposal Rules, 1934
PUNJAB
India
India
The Punjab Stamp Refund, Renewal and Disposal Rules, 1934
Rule THE-PUNJAB-STAMP-REFUND-RENEWAL-AND-DISPOSAL-RULES-1934 of 1934
- Published on 20 November 1934
- Commenced on 20 November 1934
- [This is the version of this document from 20 November 1934.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
These rules may be called "The Punjab Stamp Refund, Renewal and Disposal Rules, 1934," and shall take effect on and from the 1st day of December, 1934, in supersession of all previous rules made in exercise of the said powers.2.
In these rules, unless a different intention appears from the subject or context, -3.
All non-postal stamps that are obsolete, unserviceable or spoilt shall be sent by the Deputy Commissioner of the district to the [-] [The words, 'Financial Commissioner through the' deleted by Punjab Government notification No. 1188-Stamps-53/801, dated 7th April, 1953.] Commissioner of the division. The Deputy Commissioner shall explain how the damage occurred, who was responsible for it, and what steps have been taken to guard against similar damage, in future.[4. The Commissioner shall, if he is satisfied that the explanation is adequate pass orders for the writing off of the value of such stamps up to a limit of Rs. 500 in each individual case, and the Superintendent of the office of the Commissioner shall personally destroy the stamps.] [Rule 4 substituted by Punjab Government notification No. 1188-Stamps-53/801, dated 7th April, 1953.][4A. If the value of such stamps to be written off exceeds Rs. 500 but does not exceed Rs. 1,000, the Commissioner shall forward the case with his opinion to the Financial Commissioner who shall, if he is satisfied that the explanation is adequate, pass orders for the writing off of the value of such stamps up to a limit of Rs. 1,000 in each individual case, and the Assistant Secretary to the Financial Commissioners shall personally destroy the stamps.] [Rule 4-A added by Punjab Government notification No. 1188-Stamps- 53/801, dated 7th April, 1953.]5.
If the value of the obsolete, unserviceable or spoilt stamps exceeds. [Rs. 1,000] [Substituted for the figure '250' by ibid.] the sanction of the State Government shall be obtained to the writing off of the value of such stamps and to their destruction. On receipt of sanction the Assistant Secretary to the Financial Commissioner shall personally destroy the stamps.[6. When stamp are totally destroyed by fire or otherwise or are stolen or lost in transit, the instructions contained in the Punjab Stamps Losses and Defalcation Rules, 1935, published with Punjab Government notification No. 970-St., dated the 28th August, 1935, shall be observed.] [Rule 6 substituted by Punjab Government notification No. 974-St., dated 28th August, 1935.]7.
If any stamps received are found unfit for issue because of faulty manufacture, they shall be returned at once by the Deputy Commissioner direct to the Controller of Stamps, Nasik Road, for exchange. If, however, the stamps are unfit for issue because of damage due to defective packing at Nasik, the matter shall be referred to the Assistant Secretary to the Financial Commissioners, who will, if satisfied that the facts alleged are correct, have the stamps in question returned to the Controller for exchange.Note. - The Controller is not liable for damage in transit.8.
All stamps forwarded to the Financial Commissioners or returned to the Controller of Stamps, Nasik Road, shall be packed and sealed by the Treasury Officer in treasuries and of the sub-treasuries and be sent by registered post if this can be done conveniently.9.
The necessary entries on account of stamps sent to the Controller Stamps, Nasik Road, or to the Financial Commissioners shall be made in the plus and minus memos, by the Treasury Officers.10.
Orders conveying sanction to the writing, off of losses under these rules shall be communicated to the Accountant-General, Punjab, as follows :11.
Sections 49, 51, 52, 53, 54 and 55 of the Stamp Act give to the Collector certain powers to grant -12.
Applications for refund of the value or renewal of stamps presented to a Collector do not require to be stamped [(vide entry No. 1 of the table of reduction and remissions published with Punjab Government notification No. 10495-Judl., dated the 27th March, 1922)] [Reproduced in Chapter 1 of Part II-C of ibid and on page 695 ante.].13.
Applications for grant of refund or renewal of a court-fee stamps shall be made personally or by registered post or through an agent appointed by a duly attested power of attorney to the Collector of the district where it was purchased and shall furnish the following information :-14.
Application for refund or renewal shall be received and promptly dealt with in English Office of the Deputy Commissioner, under the supervision of the Office Superintendent.It should be borne in mind that such applications are usually presented personally, and applicants from outstations are put to considerable inconvenience if the refund or renewal is not promptly granted.15.
The application shall be entered in the register in Form No. SR. 1. The clerk concerned shall examine the application, and if he finds that it is incomplete or the stamps, for which a refund is claimed or which are required to be renewed, are not enclosed with it, it shall be returned to the applicant after obtaining the orders of the Collector through the Office Superintendent with the objection recorded on it.If the papers are complete, he shall examine them with reference to the following requirements :-| Spoiled impressed stamps | ... Section 49 of the Stamp Act, |
| Printed forms | ... Section 51 of the Stamp Act, |
| Misused stamps | ... Section 52 of the Stamp Act, |
| Stamps not required for use | ... Section 54 of the Stamp Act, |
| Stamped Debentures | ... Section 55 of the Stamp Act, |
| Court-fees stamps | ...[Punjab Government notification No. 4986-E & S., datedthe 14th August, 1934,] [See Appendix A to Part III of Punjab Stamp Manual, 1934.] |
16.
The Office Superintendent shall carefully check the application and the relevant papers submitted to him and satisfy himself that the various checks prescribed for examining the application and instructions for filling up the register and the refund/renewal statement in Rule 15 above, have been duly observed . He shall also see that the rules and orders in this behalf contained in other relevant Manuals, Codes or Acts and other orders issued from time to time are strictly complied with.He shall then record his opinion as to the admissibility of the claim, and if he finds the claims to be in order, he will sign the refund/renewal statement and fill up columns 12-15 of the register and then submit the case with relevant papers to the Collector.17.
The Collector shall satisfy himself that the claim is admissible. He may require the applicant to make an oral deposition on oath or affirmation or to file an affidavit setting forth the circumstances under which the claim has arisen and may also, if he deems fit, call for evidence in support of such deposition or affidavit.If he is satisfied that the claim is in order in all respects, he shall check the register and the refund/renewal statement with the| relevant stamps and see that the amount of| refundfresh stamps| to be| grantedissued| is correctly entered both in the register and the refund/renewal |
18.
The Superintendent shall then arrange to hand over in his presence the refund or renewal statement to the applicant or his or her agent taking his or her acknowledgement in column 18 of the register. He shall then set his initials in column 19 in token of his having done so.When the amount of the refund does not exceed Rs. 100, the money may be remitted to the applicant by postal money order at his or her expense in accordance with the rules contained in the note to Article 198(c) of the Civil Account Code, Volume I.19.
If the Collector decides that the refund/renewal is not admissible, he shall record his reasons for refusal, stamp all the stamps as refused, refund/renewal and then return the papers to the office Superintendent. The latter shall return the application, with stamps, to the applicant in the manner laid down in Rule 18 above.If the Collector calls for further evidence in support of the application, a memo, shall be issued to the applicant giving full particulars of the documents required to be furnished.20.
After an order has been passed by the Collector sanctioning the claim, or calling for further evidence in support of the refund/renewal application, statement is not taken or further evidence required is not furnished by the applicant within one year or (3 years in case the claim exceeds Rs. 5 in value) of the date of such order, the application with stamps and refund/renewal statement shall be destroyed under the orders and in the presence of the Collector, and the fact noted in column 21 of the register in form S.R. 1.Note. - (i) The application with stamps refund/renewal statement required to be preserved under this rule, shall be kept securely locked and shall be shown as outstanding in the quarterly report on the register in form S.R. 1. which shall be submitted to the Collector.Note. - (ii) Sanction to a refund which has not been acted upon for a period of one year (or three years in case the amount exceeds Rs. 5) shall be deemed to have lapsed and shall not be renewed except in the case of refunds under Section 54 of the Indian Stamp Act, 1899. The renewal of refunds under Section 54 of the Stamp Act must be applied for within a period of three months from the date of expiry of the original order, and, if sanctioned, it shall be operative for a period of one year from the date of renewal.21.
22.
When a claim for a refund or renewal requires the sanction of the Commissioner, the Chief Controlling Revenue Authority (viz., the Financial Commissioner) or Government, the Collector shall forward the Commissioner of the division with his opinion, the application together with the stamp (if any) tendered by the applicant.The Commissioner shall, if he is satisfied that the claim is admissible under paragraph [20.12] [Substituted by correction slip No. 102, dated 27th September 1937] of the Book of Financial Powers, pass orders for the grant of refund/renewal and shall personally destroy the stamps and communicate the orders to the Deputy Commissioner concerned and also endorse a copy thereof to the Accountant General. If the Commissioner decides against the refund/renewal he will inform the applicant through the Deputy Commissioner of the district and stamp all the stamps as "refund/renewal refused" and return them to the Deputy Commissioner for delivery to the applicant in accordance with Rule 18.23.
If the claim for refund/renewal requires the sanction of the Chief Controlling Revenue Authority or Government, the Commissioner shall address the Assistant Secretary to the Financial Commissioner, and also forward to that officer the stamps (if any) tendered by the applicant.The Financial Commissioner shall, if he is satisfied that the claim is admissible under paragraph [20.12] [Substituted by correction slip No. 102, dated 27th September, 1937.] of the Book of Financial Powers, pass orders for the grant or refund or renewal, and the Assistant Secretary to the Financial Commissioners shall personally destroy the stamps and communicate the orders to the Commissioner and the Deputy Commissioner concerned and also endorse a copy thereof to the Accountant-General.Similarly when the claim for refund or renewal requires the sanction of Government, the Financial Commissioner shall refer the matter to the State Government, and the orders of Government shall be communicated to the Commissioner of the division and the Accountant-General over the signature of the Secretary or Assistant Secretary to Government, Punjab, in the Revenue Department. In this case also the stamps shall be destroyed by the Assistant Secretary to the Financial Commissioners.In case the Financial Commissioner or the State Government decides that the refund or renewal is not admissible, the original stamps shall be destroyed by the Assistant Secretary to the Financial Commissioners and the orders of rejection communicated to the Commissioner and the Deputy Commissioner concerned.On receipt of orders from Government or the Financial Commissioners, as the case may be, the Collector shall inform the applicant of the decision, and in case the refund or renewal has been sanctioned he shall also prepare the necessary voucher in form S.R. 2 or S.R. 4, as the case may be, and deliver the same to the applicant or his duly authorised agent, who shall acknowledge its receipt in column 18 of the register.24.
Applications for the grant of a refund or for renewal shall be preserved by the Collectors for a period of one complete financial year following the one in which they are sanctioned.25.
The Stamp auditor shall audit the records and registers required to be kept under these rules at regular intervals not exceeding one year and shall report the result of his inspection to the Collector of the district.When examining the records and registers of the Refund Clerk, the Stamp auditor shall, in order to ensure that serviceable stamps received from a licensed stamp vendor have been duly deposited in the double lock of the treasury, check the entries in refund/renewal statement in form SR3/SR4 with the certificate of the Treasury Officer in form S.R. 5 and also check the entries of receipt of stamps made by the Treasury Officer in the copies of plus and minus memos. kept in treasuries.26.
Immediately after audit, the cancelled stamps referred to in Rule 17, shall be destroyed by the auditor in the presence of the Collector and the destruction shall be certified by the Collector in the manner prescribed in Rule 27.27.
The destruction of stamps under these rules shall be effected by burning in the presence of the Collector, who shall record the following certificates on the file :"Stamps of the value of Rs. ------ (both in words and figures) burned in my presence.______________Collector.------------District,"Dated ---------------.The fact of the destruction of stamps shall also be recorded in columns 21-23 of the register in form No. S.R. 1.Form No. S.R. 1Registers of Refunds and Renewal of Non-Postal Stamps-----------------District.| Serial No. | Date of application of refund or renewal | Name and address of the applicant | Number | Description | Date of purchase of stamps | Date of spoiling of stamps | Authority for refund or renewal | Face value of stamps tendered for refund orrenewal | Amount deduced at one anna in the rupee incase of refunds | Amount of refund or renewal admissible | Initials of Office Superintendent |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Rs. | Rs. | Rs. |
| Net amount of refund allowed | Value of stamps allowed to be renewed | Value of stamps returned in respect of whichrefund or renewal is refused | Value of stamps cancelled | Initials of Collector | Signature of recipient of refund or renewalstatement or of stamps of which refund on renewal is refused | Attestation by Office Superintendent | Number and date of letter with whichapplication has been sent to Financial Commissioners or returned | Value of stamps destroyed | Date of destruction | Initials of Collector | Remarks |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| Rs. | Rs. | Rs. | Rs. | Rs. |
| Name of applicant | Description of stamps | Value of stamps both in words and figures | Amount of deduction | Net amount allowed | Date of application for refund | Authority for refund |
| Name of applicant | Description of stamps | Value of stamps both in words and figures | Amount of deduction | Net amount allowed | Date of application for refund | Authority for refund |
| Name of applicant | Description of stamps tendered for renewal | Value of stamps in words and figures | Date of application for renewal | Authority for renewal | Description of fresh stamps to be issued | Value |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| The stamps described below have been submitted by ______________________, a licensed stamp vendor, for grant of| refundrenewal| of their value. |
| Name of applicant | Description of stamps tendered | Value |
| Treasurer | Head clerk. Treasury | Treasury Officer |