State Act

The Maharashtra Stamp Act

39. Collector’s power to stamp instruments impounded.— (1) When the Collector impounds any instrument under 3[section 33 or 33A], or receives any instrument sent to him under sub-section (2) of section 37, 4*** he shall adopt the following procedure :— (a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be; (b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty 1[in case of registered instrument an amount equal to 1 per cent. and in other cases an amount equal to 2 per cent.] of the deficient portion of the stamp duty, for every month or part thereof] from the date of execution of the instrument subject to the payment of a minimum penalty of rupees one hundred]: 2[Provided that, duty for which reduction or remission is granted by the Government under clause (a) of section 9 under any prevailing policy shall not be treated as deficient portion of duty for the purposes of calculation of penalty, if the beneficiary of such reduction or remission in duty surrenders or forgoes or has surrendered or forgone such benefit with prior approval or with no objection from the Government:] 3[4[Provided further that] in no case, the amount of the penalty shall exceed 5[four times] the deficient portion of the stamp duty:] 6[Provided also that], when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section. (2) 7[Subject to the provisions of section 53A, every certificate] under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. (3) Where an instrument has been sent to the Collector under sub-section (2) of section 37 the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer.