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According
to the Stamp Duty Act the agreements entered into
by the Board with its consumers are to be affixed
with stamp duty of Rs. 3/- per agreement. The departments
of Government are normally exempted from affixing
the stamp fee on their agreements. However, as the
Board is not exempted from such stamp duty on agreements
entered into with Government departmetns, such stamps
are required to be affixed on the copy to be retained
by the Board for which the Board has been insisting
from the Governement departments for payment of Rs.
3/- towards stamp duty.
In this connection, the legal advice is that if the
following clause is incorporated in the agreements,
the agreements entered into with Government departmenrs
would be valid even if no stamp duty is affixed on
the copy to be retained by the Board. It is, therefore
proposed to incorporate the following clause in all
the agreements to be entered into by the Board with
all its consumers.
Relevant
Clause:
"The stamp duty on the agreement shall be borne by
the consumer'
All
the field officers are, therefore, advised to incorporate
this clause in all the agreements hereafter. This
should be added just before the last clause relating
to "marginal notes", and the relevant clauses should
be renumbered.
The
above is in partial modification of the Departmental
Circular No.39, reference No.PG 50/43410 dated 29-8-1963..........................................................................................................
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