THE KERALA COURT – FEES AND SUITS VALUATION (SECOND AMENDMENT) ACT, 1976 ^[1]

(Act 39 of 1976)

An Act further to amend the Kerala Court-fees andSuits Valuation Act, 1959

Preamble.- WHEREAS it is expedient further to amend the Kerala Court-fees and Suits Valuation Act, 1959, for the purpose hereinafter appearing;

BE it enacted in the Twenty-seventh Year of the Republic of India as follows:-

1. Short title and commencement.- (10 This Act may be called the Kerala Court-fees and Suits Valuation (Second Amendment) Act, 1976.

(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Insertion of new section 78A.- After section 78 of the Kerala Court-fees and Suits Valuation Act, 1959 (10 of 1960) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-

“ 78A. Writing name or Initials on or across the stamp.- (1) Whoever affixes any adhesive stamp to any document requiring stamp under this Act shall at the time of affixing such stamp write on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing so that it cannot be used again.

(2) Any document bearing an adhesive stamp which does not bear the name or initials of the person who affixes the stamp or of his firm, as required by sub-section (1), so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped.”

3. Amendment of section 80.- To section 80 of the principal Act, the following proviso shall be added, namely:-

“Provided that in the case of an adhesive stamp, no such cancellation shall have effect unless it bears the name or initials of the person who affixes the stamp or of his firm, as required by sub-section (1) of section 78A.”