The Gujarat Stamp Laws (Amendment) Act, 1965

Short title and commencement.—

1. (1) This Act may be called the Gujarat Stamp Laws (Amendment) Act, 1965.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Amendment of section 2 of Bom. LX of 1958.— In section 2 of the Bombay Stamp Act, 1958 (Bom. LX of 1958), in its application to the State of Gujarat (hereinafter referred to as "the principal Act"),—

1. (1) in clause (g), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted;
2. (2) in clause (l), after the words "any moveables", the words "and decree or final order of any Civil Court" shall be inserted.

Amendment of section 11 of Bom. LX of 1958. In section 11 of the Bombay Stamp Act, 1958 (Bom.

Amendment of section 30 of Bom. LX of 1958 Amendment of section 30 of Bom. LX of 1958. In section 30 of the principal Act, for clause (b), the following shall be substituted, namely:—

1. (b) in the case of a policy of insurance, by the person by whom the insurance is made;
2. (c) in the case of any other instrument not specified in clause
3. (a) or (b), by the person making, drawing or executing such instrument.

Amendment of section 32 of Bom. LX of 1958.—In section 32 of the Bombay Stamp Act, 1958 (Bom. LX of 1958) (hereinafter referred to as the "principal Act"),—

1. (a) in sub-section (1), for the words "one rupee", the words "five rupees" shall be substituted;
2. (b) in sub-section (2), for the words "one rupee", the words "five rupees" shall be substituted.

Amendment of section 39 of Bom. LX of 1958.—In section 39 of the principal Act, in sub-section (1), for the words "one rupee", the words "five rupees" shall be substituted.

Amendment of section 41 of Bom. LX of 1958.—In section 41 of the Bombay Stamp Act, 1958 (Bom. LX of 1958) (hereinafter referred to as “the principal Act”),—

1. (a) in sub-section (1), for the word “Collector” the words “Authority specified in section 45” shall be substituted;
2. (b) in sub-section (2), for the word “Collector” the words “said Authority” shall be substituted.

Amendment of section 45 of Bom. LX of 1958.—In section 45 of the principal Act, for sub-sections

1. (1) and
2. (2) the following shall be substituted, namely:—
3. (1) The powers exercisable by the Collector under sub-section
4. (2) of section 32, section 39, section 40 and section 41 may be exercised by such other officers as the State Government may, by notification in the Official Gazette, appoint in this behalf.
5. (2) An officer appointed under sub-section
6. (1) shall exercise the said powers subject to the control of the State Government and shall perform such duties and be subject to such restrictions as may be imposed by the State Government.

Amendment of section 53 of Bom.

Amendment of section 59 of Bom. LX of 1958 Amendment of section 59 of Bom. LX of 1958. In section 59 of the principal Act, to sub-section (1), the following proviso shall be added, namely:— " Provided that when any such offence is committed in the city of Ahmedabad as defined in clause

1. (4) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), no such prosecution shall be instituted without the previous sanction of the Superintendent of Stamps, Gujarat State, or such other officer as the State Government may, by notification in the Official Gazette, appoint in this behalf."

Insertion of new section 61A in Bom. LX of 1958. - After section 61 of the Bombay Stamp Act, 1958 (Bom. LX of 1958), (hereinafter referred to as the "principal Act"), the following new section shall be inserted, namely: - "61A. Revision of Collector’s decision under section 39. -

1. (1) Any person affected by an order of the Collector under section 39 may, within ninety days from the date of such order, apply to the Chief Controlling Revenue Authority for revision of such order: Provided that no application under this sub-section shall be admitted unless it is accompanied by a fee of twenty-five rupees: Provided further that the Chief Controlling Revenue Authority may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period of ninety days, admit it after the expiry of the said period.
2. (2) The Chief Controlling Revenue Authority may, either on its own motion or on an application made under sub-section (1), call for and examine the record of any case in which an order has been made by the Collector under section 39, for the purpose of satisfying itself as to the legality or propriety of such order.
3. (3) The Chief Controlling Revenue Authority, after examining the record, may pass such order as it thinks just and proper: Provided that no order shall be passed under this sub-section which adversely affects any person unless such person has been given a reasonable opportunity of being heard.".

Amendment of section 76 of Bom. LX of 1958. - In section 76 of the principal Act, for clause (b), the following shall be substituted, namely:- "(b) the fees to be charged for copies of Instruments and other documents and for the authentication of certificates and other documents;".

-1 13. Amendment of Schedule I to Bom. LX of 1958.—In Schedule I to the Bombay Stamp Act, 1958 (Bom. LX of 1958), in Article 25,—

1. (a) in column 1, for the words "the same duty as a Conveyance (Article 20)" the words "the same duty as a Conveyance (Article 20) on the market value of the property" shall be substituted;
2. (b) in column 2, for the words "the same duty as a Conveyance (Article 20)" the words "the same duty as a Conveyance (Article 20) on the market value of the property" shall be substituted.