Stamp (Amendment) Ordinance

This Ordinance may be cited as the Stamp (Amendment) Ordinance, 1961, and, with the exception of section 15 hereof, shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.(2) Section 15 of this Ordinance shall be deemed to have come into operation on the 1st day of January 1961.

Subsection (2) of section 3 of the Stamp Ordinance is hereby deleted and the following substituted therefor: —“(2) The Commissioner may, subject to such conditions or restrictions as he thinks fit, delegate to any person having official duty or employed in the administration of this Ordinance, all or any of the powers, functions and duties by this Ordinance vested in him.”.

Section 7 of the Stamp Ordinance is hereby amended —

Section 8 of the Stamp Ordinance is hereby amended —

Subsection (1) of section 9 of the Stamp Ordinance is hereby amended by deleting the word “Minister” appearing in the first line thereof and substituting therefor the word “Commissioner”.

The Stamp Ordinance is hereby amended by inserting immediately after section 39 thereof the following new section: —“Stamping after adjudication39A. When the opinion of the Commissioner with respect to the amount of duty with which an instrument is chargeable has been obtained, the instrument shall be stamped in accordance with the assessment of the Commissioner within fourteen days after notice of the assessment, and in the case of an application to the High Court under section 39 of this Ordinance within fourteen days after the issue of the order of the High Court, or within such further period, in either case, as the Commissioner when giving notice of assessment or the High Court when making the order, may specify.”.

Section 45 of the Stamp Ordinance is hereby amended —

Section 46 of the Stamp Ordinance is hereby amended by deleting the words “an instrument chargeable with the duty of four cents only or” appearing in the first and second lines of paragraph (a) thereof.

The Stamp Ordinance is hereby amended by inserting immediately after section 46 thereof the following new section: —“Period of time for stamping to commence on day after execution46A. Where it is provided in this Ordinance that an instrument is to be stamped within a certain period of time after execution, such period shall be reckoned as commencing on the day after the execution of the instrument by the person who first executed it unless otherwise stated in this Ordinance.”.

Section 53 of the Stamp Ordinance is hereby amended by deleting the word “four” appearing in the first line thereof and substituting therefor the word “six”.

The Stamp Ordinance is hereby amended by inserting immediately after section 54 thereof the following new section: —“Liability of any person to pay full duty or penalty unaffected by erroneous assessment54A. The liability of any person to pay the full amount of duty or penalty due on any instrument shall not be affected by any erroneous or under assessment of such duty or penalty or the failure to assess such duty or penalty by the Commissioner, and the correct amount of duty or penalty due on such instrument shall be recoverable by the Commissioner.”.

Subsection (1) of section 62 of the Stamp Ordinance is hereby amended by substituting a semi-colon for the comma appearing at the end of paragraph (c) thereof and by adding immediately thereafter the following new paragraphs: —“(d)with intent to evade the payment of duty, draws, makes, executes or signs, otherwise than as a witness, any instrument whatsoever chargeable with duty without the same being duly stamped;

Subsection (1) of section 65 of the Stamp Ordinance is hereby amended by deleting the word “four” appearing in the third line thereof and substituting therefor the word “ten”.

The Stamp Ordinance is hereby amended by inserting immediately after section 79 thereof the following new section: —“Monies to be paid into Consolidated Fund79A. All monies collected under the provisions of this Ordinance shall be paid into the Consolidated Fund.”.

Article 20 of Schedule A to the Stamp Ordinance is hereby amended by deleting the figures “50 00” appearing in the third column thereof and substituting therefor the figures “500 00”.