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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

The Collector authorises Mr Iyer in writing to inspect registers and documents held by a public officer at a sub-registry, as the inspection may help discover an omission relating to stamp duty. The public officer demands a fee for permitting inspection and for extracts. Under Section 73 of the Indian Stamp Act, 1899 (central text), what is the position?

The public officer must permit the person authorised in writing by the Collector to inspect the records at all reasonable times and take necessary notes and extracts without any fee or charge. The officer cannot demand fees, even for extracts, or insist on the Collector's presence.

  1. AThe officer may charge a fee but only for extracts
  2. BThe officer must permit inspection at all reasonable times and allow notes and extracts without fee or chargeCorrect
  3. CThe officer may refuse unless the Collector personally attends
  4. DThe officer must permit inspection only of documents already impounded

Explanation

Section 73 requires a public officer to permit, at all reasonable times, any person authorised in writing by the Collector to inspect such records and take notes and extracts as deemed necessary, without fee or charge. A fee, even for extracts, is therefore not allowed. Prior impounding and the Collector's personal presence are not required.

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