(1) When an instrument brought to
the Collector under section 31, is, in his opinion, one of a description
chargeable with duty, and––
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.
(3) 1[Subject to the provisions of Chapter VI, any instrument] upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be ; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped :
Provided that nothing in this section shall authorise the Collector to endorse—
(a) any instrument executed or first executed in the 2[Union territory of Jammu and Kashmir] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ; or
(b) any instrument executed or first executed out of the 2[Union territory of Jammu and Kashmir] and brought to him after the expiration of three months after it has been first received in the 2[Union territory of Jammu and Kashmir].
3[(4) In case the instrument is produced before the Collector after the period prescribed in proviso to sub-section (3), the Collector shall proceed under sections 33 and 40.]
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.
(3) 1[Subject to the provisions of Chapter VI, any instrument] upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be ; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped :
Provided that nothing in this section shall authorise the Collector to endorse—
(a) any instrument executed or first executed in the 2[Union territory of Jammu and Kashmir] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ; or
(b) any instrument executed or first executed out of the 2[Union territory of Jammu and Kashmir] and brought to him after the expiration of three months after it has been first received in the 2[Union territory of Jammu and Kashmir].
3[(4) In case the instrument is produced before the Collector after the period prescribed in proviso to sub-section (3), the Collector shall proceed under sections 33 and 40.]
1. Substituted for “Any instrument” by Act XII of 2011, s. 23. 2. Substituted for “State” by S.O. 1229(E) dated 31.03.2020. 3. Sub-section (4) inserted by Act XII of 2011, s. 23.