(1)  When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than ¹[fifty naye paise]) as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable.

   (2)  For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly:

   Provided that—

   (a)  no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and

   (b)  every person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

STATE AMENDMENT

Orissa

   Amendment of Section 31.—In section 31 of the principal Act, in sub-section (1), for the words “not exceeding five rupees” and “not less than fifty naye paise”, the words “not exceeding twenty rupees” and “not less than five rupees”, shall respectively be substituted

[Vide Orissa Act 1 of 2003, s. 4]

Uttarakhand

   Amendment of section 31.—In sub-section (1), for the words, "Pays a fee of such amount not exceeding five rupees and not less than fifty paisa as the collector may in Each case direct," the words, "Pays a fee such amount as may be fixed by State Government By notification in the Official Gazette", shall be substituted.

[Vide Uttarakhand Act 1 of 2016, s. 5]

Uttar Pradesh

   Amendment of section 31.— In section 31 of the principal Act, in sub-section (1), for the words, "such amount not exceeding five rupees and not less than fifty paise as the collector may in each case direct", the words, "such amount as may be fixed by the State Government by notification in the Official Gazette", shall be substituted.

[Vide Uttar Pradesh Act 38 of 2001, s. 4]