Indian Stamp Act, 1899
62. Penalty for executing, etc. instrument not duly
stamped
(1) Any person-
(a) drawing, making, issuing, endorsing or
transferring, or signing otherwise than as a witness, or presenting for
acceptance or payment, or accepting, paying or receiving payment of or in any
manner negotiating, any bill of exchange 89[payable otherwise than
on demand] 90[* * *] or promissory note without the same being duly
stamped; or
(b) executing or signing otherwise than as a
witness any other instrument chargeable with duty without the same being duly
stamped; or
(c) voting or attempting to vote under any
proxy not duly stamped, shall for every such offence be punishable with fine
which may extend to five hundred rupees:
PROVIDED that, when any penalty has been paid in
respect of any instrument under section 35, section 40 or section 61, the
amount of such penalty shall be allowed in the same instrument upon the person
who paid such penalty.
(2) If a share warrant is issued without being duly stamped, the
company issuing the same, and also every person who, at the time when it is
issued, is the managing director or secretary or other principal officer of the
company, shall be punishable with fine which may extend to five hundred rupees.