The Rajasthan Stamp Act, 1998

The Rajasthan Stamp Act, 1998

Tax199891 sections8 chapters

The Rajasthan Stamp Act, 1998 lays down the legal framework for levying and collecting stamp duty on legal documents and property transactions within the State of Rajasthan. It applies to individuals, businesses, financial institutions, and public authorities executing contracts, sale deeds, leases, mortgages, and financial instruments. The Act ensures that legal instruments are properly valued, correctly stamped, and legally admissible in court proceedings. For ordinary citizens, this law dictates the exact duty payable when buying property or signing agreements, prevents tax evasion through under-valuation, and provides mechanisms to impound unstamped documents, rectify genuine errors, and claim refunds for unused or spoiled stamps.

Chapter I Preliminary →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II Stamp Duties →

  1. 3Instrument chargeable with duty
  2. 4Payment of stamp duty in cash
  3. 5Several instruments used in single transaction of sale, mortgage, agreement or any other document (memorandum etc.) relating to the deposit of title deeds or settlement
  4. 6Instrument relating to several distinct matters
  5. 7Instruments coming within several descriptions in the Schedule
  6. 8Payment of duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original document
  7. 9Power to reduce, remit or compound duties
  8. 10Duties how to be paid
  9. 11Use of adhesive stamps
  10. 12Cancellation of adhesive stamps
  11. 13Instruments stamped with impressed stamps how to be written
  12. 14Only one instrument to be on same stamp
  13. 15Instrument written contrary to section 13 or 14 deemed unstamped
  14. 16Denoting duty
  15. 17Instruments executed in the State
  16. 18Instruments other than bills and notes executed out of State
  17. 19Bill and notes drawn out of India
  18. 20Payment of duty on certain instrument liable to increased duty in the State of Rajasthan
  19. 21Payment of difference of duty on copies of instruments registered out of the State
  20. 22Conversion of amount expressed in foreign currencies
  21. 23Stock and marketable securities how to be valued
  22. 24Effect of statement of rate of exchange or average price
  23. 25Instruments reserving interest
  24. 26Certain instruments connected with mortgages of marketable securities to be chargeable as agreements
  25. 27How transfer in consideration of debt, or, subject to future payment, etc., to be charged
  26. 28Valuation in case of annuity, etc
  27. 29Stamps duty where value of subject matter is indeterminate
  28. 30Facts affecting duty to be set forth in instruments-
  29. 31Direction as to duty in case of certain conveyances
  30. 32Duties by whom payable
  31. 33Obligation to give receipt in certain cases
  32. 34Person from whom duty on an instrument is due

Chapter III Adjudication as to Stamps →

  1. 35Adjudication as to proper stamp
  2. 36Certificate by Collector

Chapter IV Instruments not Duly Stamped →

  1. 37Examination and impounding of instruments
  2. 38Special provisions as to unstamped receipts
  3. 39Instruments not duly stamped inadmissible in evidence, etc
  4. 40Admission of instrument, where not to be questioned
  5. 41Admission of improperly stamped instruments
  6. 42Instruments impounded how dealt with
  7. 43Collector's power to refund penalty under sub-section (1) of section 42
  8. 44Collector's power to stamp instrument impounded
  9. 45Instruments unduly stamped by accident
  10. 46Endorsement of instruments on which duty has been paid under sections 39, 44 or 45
  11. 47Prosecution for offence against stamp law
  12. 48Persons paying duty or penalty may recover the same in certain case
  13. 49Power to refund penalty or excess duty in certain cases
  14. 50Non-liability for loss of instrument sent under section 42
  15. 51Instrument undervalued, how to be valued
  16. 52Rectification of mistakes
  17. 53Determination of the correct nature of the document and the recovery of proper duty
  18. 54Intimation of reference and payment of duty before reference
  19. 55Procedure in case of non-registration of documents required to be registered with the purpose of avoiding stamp duty
  20. 56Recovery of duties and penalties
  21. 57Validity of certificate or endorsement in respect of instrument for which higher rate of duty is payable in Rajasthan

Chapter V Allowances for Stamps in Certain Cases →

  1. 58Allowance for spoiled stamps
  2. 59Application for relief under section 58 when to be made
  3. 60Allowance in case of printed forms no longer required by corporations
  4. 61Allowance for misused stamps
  5. 62Allowance for spoiled or misused stamps how to be made
  6. 63Allowance for stamps not required for use
  7. 64Allowance on renewal of certain debentures

Chapter VI Reference and Revision →

  1. 65Revision by the Chief Controlling Revenue Authority
  2. 66General Superintendence and Control over Collectors
  3. 67Statement of case by the Chief Controlling Revenue Authority to High Court
  4. 68Power of High Court to call for further particulars as to case stated
  5. 69Procedure in disposing of case stated
  6. 70Statement of case by other Court to High Court
  7. 71Revision of certain decision of Court regarding the sufficiency of stamps
  8. 72Interest on duty, surcharge or penalty

Chapter VII Criminal Offences and Procedure →

  1. 73Penalty for executing, etc., instrument not duly stamped
  2. 74Penalty for failure to cancel adhesive stamp
  3. 75Penalty for omission to comply with provision of section 30
  4. 76Recovery of amount of deficit stamp duty
  5. 77Penalty for refusal to give receipt and for devices to evade duty on receipts
  6. 78Penalty for not making out policy or making one not duly stamped
  7. 79Penalty for not drawing full number of bills or marine policies purporting to be in sets
  8. 80Penalty for post-dating bills and for other devices to defraud the revenue
  9. 81Penalty for breach of provisions of section 85
  10. 82Penalty for breach of rule relating to sale of stamps and for unauthorized sale
  11. 83Institution and conduct of prosecutions
  12. 84Place of trial

Chapter VIII Supplemental Provisions →

  1. 85Books, etc., to be open to inspection
  2. 86Powers to make rules relating to sale of stamps
  3. 87Power to make rules generally to carry out the purposes under the Act -
  4. 88Saving as to court fees
  5. 89Saving as to certain Stamps
  6. 90Application of the Indian Stamp Act, 1899
  7. 91Repeal and Savings

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