Advocates say the authorities concerned should either withdraw the circular or make amendments, as personal visit for purchase is not feasible
Advocate Floyd Gracias, Supreme Court counse
While a few advocates have welcomed the circular that has asked people in need of stamp papers to be physically present at the vendors’, others have suggested that the authorities allow a nominee for the elderly, pregnant women and differently abled people for the purpose.
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The vendors went on an indefinite strike on April 1, protesting against the circular.
Advocate Floyd Gracias, a Supreme Court counsel, said, “The order makes it cumbersome and sometimes impossible for the aged or physically disabled individuals to personally go and purchase non-judicial stamp papers. It’s problematic for others, too, including those who go to work daily.” The authorities should make a provision, allowing lawyers or an authorised person to obtain the stamp paper for those in need, he added.
Advocate Shreeprasad Parab, a constitution expert, said, “The state government should make an amendment to the rule or at least allow elderly people, industrialists and celebrities to nominate a person to purchase the stamp paper on their behalf, like it’s allowed for corporations and cooperatives.”
“The person in need, including a senior citizen, a pregnant woman, cannot be expected to go to the vendor just to purchase a stamp paper,” said Advocate Vinod Sampat, president, Registration Fee and Stamp Duty Payers Associations.
He pointed out that the law does not have “a provision that says a person who wants to execute a document has to go to the stamp vendor personally. Hence the circular should be revoked immediately”.
The reason for circular
A senior official from the stamps and registrations department, requesting anonymity, said, “The circular was issued after the department received complaints about discrepancies in the maintenance of records of stamp papers by the vendors.”
Also read: Mumbai: Stamp paper vendors protest over recent circulars
The other reason, sources said, could be the confusion over the actual sale value of stamp papers. Until now, a vendor sold stamps worth Rs 30,000 against the rule that limits the sale proceeds to Rs 10,000. A vendor gets 3 per cent of the value of a sold stamp paper. The change would mean a loss for the vendors.
No effect on sale
Another official said, “Of the 28 stamp vendors in Mumbai and the suburbs, only 11 private licensed vendors are protesting. The remaining 17 vendors, including cooperatives and the bar association, are not.”
On a question about any loss to the treasury, the official said, “The protest has been going only for a week. Moreover, the physical sale of stamp papers accounts for merely 2 per cent to 3 per cent of the total sale, as most high value stamp duty payments happen online. Also, there is an alternative—getting the document franked.”
According to official figures, nearly 98 per cent of the state’s approximate annual revenue of R40,000 crore is generated through e-payment.
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