1398
No. 16 of 1901.
Provisions as to stamping after execution.
STAMPS.
Stamping after Execution.
8.—(1) Any civil Court may direct the Collector to stamp any document and receive the duty and penalty, if any, upon any document which may be stamped after execution under this Ordinance. Such duty and penalty shall be paid into Court, and shall be remitted to the Collector with the document to be stamped, after the document has been admitted in evidence.
(2) The Collector may stamp documents after execution in cases where he is satisfied that the omission or neglect to stamp or to stamp sufficiently did not arise from any intention to evade payment of stamp duty or otherwise to defraud, subject to the following rules:
(a) transfers of shares shall not be stamped until the numbers of the shares and the consideration money are entered, nor shall they, if executed in the Colony, be stamped after execution;
(b) bills of exchange and promissory notes executed in the Colony shall not be stamped after execution;
(c) documents executed out of the Colony shall be stamped in accordance with the provisions of section 7;
(d) the documents mentioned in the 2nd schedule may be stamped, without payment of penalty, at any time within 7 days from the date of execution; and,
(e) subject to the preceding rules, all documents which may be stamped after execution may be so stamped on payment of a penalty, as follows:-
(i) if within 1 month of execution, double the amount of deficient duty;
(ii) if within 2 months, 4 times the amount of deficient duty; and
(iii) if after 2 months, 10 times the amount of deficient duty:
Provided always that the Collector may remit the whole or any portion of the penalty prescribed by this sub-section if he is satisfied that the omission or neglect to stamp arose solely from urgent necessity or unavoidable accident or that the special circumstances of the case otherwise justify his doing so. He may require sworn or other evidence as to the circumstances.
Provided further that the instruments specified in sub-sections (2)(a) and (b) may be stamped after execution if the Collector is satisfied...
* As amended by No. 34 of 1911, No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.