Section 42 Indian Stamp Act

Section 42 of the Indian Stamp Act 1899 is about Endorsement of instruments on which duty has been paid under sections 35, 40 or 41. It is under CHAPTER IV (Instruments Not Duly Stamped) of the Act.

Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.

When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.

(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct:

Provided that–

(a) no instrument which has been admitted in evidence upon payment of duty and a penalty under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate;

(b) nothing in this section shall affect the¹ Code of Civil Procedure (XIV of 1882), section 144,clause 3.

STATE AMENDMENT

Uttarakhand.–

Amendment of section 42.–In section 42 of the Principal Act, —

(a) in the heading, of the words and figures “Sections 35, 40 or 41”, the words and figures, “sections 35, 40, 41 or 47-A” shall be substituted.

(b) in sub-section (1), for the words and figures “section 40 or section 41”, the words and figures, “section 40, section 41 or section 47-A” shall be substituted.

[Vide Uttarakhand Act 1 of 2016, s. 7]