Section 73 Indian Stamp Act
Section 73 of the Indian Stamp Act 1899 is about Books, etc., to be open to inspection. It is under CHAPTER VIII (Supplemental Provisions) of the Act.
Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorized in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.
STATE AMENDMENT
Orissa.-
Amendment of section 73.–For section 73 of the principal Act, the following section shall be substituted, namely:–
(1) Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspections whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any officer authorized in writing by the Collector to enter upon any premises and to inspect for such purposes the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as he may deem necessary, without fee or charge and if necessary to seize them and impound the same under proper acknowledgement:
Provided that such seizure of any registers, books, records, papers, documents or proceedings in the custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is given.
Explanation–For the purposes of this proviso “Bank” means a banking company as defined in section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India, constituted by the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 corresponding new Bank as define in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, a Regional Rural Bank established under the Regional Rural Bank Act, 1976, the Industrial Development Bank of India Act, 1964, National Bank of Agriculture and Rural Development Act, 1981, the Life Insurance Corporation Act, 1956, the Industrial Fianc� Corporation of India established under the Industrial Finance Corporation Act, 1948, and as such other financial or banking institution onwned, controlled or managed by a State Government or the Central Government, as may be notified in this behalf by the Government.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorized under sub-section (1), produce them before such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as he may deem necessary.
(3) if, upon such inspection, the officer so authorized, is of opinion that any 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 form the person liable to pay the stamp duty and in case of default the amount of the duty shall be recovered as an arrear of land revenue.
[Vide Orissa Act 1 of 2003, s. 6]
Orissa.–
Amendment of Section 73. —In Explanation to sub-section (1) of Section 73 of the Indian Stamp Act, 1899, (2 of 1899) for the words and figures “the Industrial Fiance Corporation of India established under the Industrial Finance Corporation Act, 1948”, the words and figures “other public financial institutions notified under Section 4-A of the Companies Act, 1956 (1 of 1956)” shall be substituted.
[Vide Orissa Act 5 of 2004, s. 2]
Uttar Pradesh
Inserted of new section 73-A.—After section 73 of the principal Act, the following section shall be inferred, namely :—
“73-A. Collector’s power to authorize officer to enter premises and inspect certain documents.—(1) Where the Collector has reason to believe that all or any of the instruments specified in Articles 5 and 43 of the Schedule 1-B have not been charged at all or have been incorrectly charged with duty leviable under this Act, he may authorize in writing any officer to enter upon any premises where the Collector has reason to believe that any registers, books, records, papers, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them, and to take such notes and extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take such notes and extracts as he may deem necessary.
Vide Uttar Pradesh Act 6 of 1980, s. 10
Amendment of section 73–In seetion:73-A of the principal Act –
(a) for sub-section (1) the following sub-section shall be substituted namely :—
(1) ‘Where the Collector has reason to believe that any instrument chargeable to duty has not been charged at all or has been incorrectly charged with duty leviable under this Act, he or any other Officer authorized by him writing in This behalf may enter upon any premises where the Collector has reason to believe that any registers, books, records papers, maps, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them and to take such notes, copies and extracts as the Collector or such officer deems necessary.
(b) in sub section (2) after the word ”papers the Word maps and after the word notes the word copies” shall be inserted.
[Vide Uttar Pradesh Act 22 of 1998, s. 8]