The sale of any description of stamps (other than refugee relief stamps and revenue stamps of Five N.P., Ten N.P., Twenty five N.P. denominations) by any person who is not duly authorized in the manner hereinafter provided is prohibited.
25. Authorised Licensees –
(1) There shall be two classes of licensees to sell stamp namely:-
(a) Stamp Vendors;
(b) Service Providers.
(2) There shall be two classes of Service Providers, namely-
(a) Individual;
(b) Banks, Financial Institutions, or Post Offices.
26. Application for grant of licence- (1) An application for grant of licence to sell stamps as Stamp Vendor/ Service Provider shall be made to the Licensing Authority in Form-A and shall be accompanied by a receipt of having paid a fee of rupees one thousand into Government account by a challan or e-payment. Application for license of Service Provider shall be made through the ESS. The fee shall not be refundable. All applications shall be disposed of within a period of one month from the date of receiving of application.
(2). Eligibility for Stamp Vendor- The Licensing Authority may in its discretion on being satisfied that the applicant,-
(a) is over 21 years of age on the date of the application;
(b) is not employed in any department of Government / Government Undertaking / Local Body; and
(c) has passed the Higher Secondary School Certificate Examination of Madhya Pradesh Board of Secondary Education or an equivalent examination from a recognised Institution/Board may grant a licence of Stamp Vendor to the applicant in Form-B.
(3). Eligibility for Service Provider- In addition to the qualifications mentioned in rule 26, the Licensing Authority may, in its discretion on being satisfied that the applicant :-
(a) possesses an electronic signature as per provisions of sub-clause n(ta) of clause (1) of section 2 of the Information Technology Act, 2000 (No. 21 of 2000) Computer, Printer, Biometric device, Electronic Writing Pen, Web Camera, UPS, Scanner and any other computer peripherals specified in Appendix - A and broad band / high speed internet connection;
(b) is financially able to obtained credit limit for sale of e-stamps and to provide other related services;
(c) has knowledge of computer operations;
(d) is capable of providing services in both Hindi and English languages; and
(e) has working knowledge of the Indian Stamp Act, 1899 (No. II of 1899) and the Registration Act, 1908 (No. 16 of 1908) and rules made thereunder grant license of services provided to the applicant in Form-B:
Provided that in case of the applicant applying for service provider in category mentioned in clause (b) of sub-rule (2) of rule 25, the above qualifications shall not be relevant:
Provided further that qualification (a) of Authorised Licence may be kept optional for such period as the Inspector General of Registration may decide:
(4). Duration of licence- the duration of licence of a Stamp Vendor and Service Provider shall be in the following manner, namely :-
(a) Licence of Stamp Vendor - The licence of Stamp Vendor shall be granted for a period of 1 year or till 31st March of the current financial year, whichever is earlier.
(b) Licence of Service Provider- The licence of Service Provider shall be granted for a period of 2 years, or till 31st March of the second financial year whichever is earlier.
(5). Renewal of licence- On expiry of the licence, the Licensing Authority may renew the licence on payment of the fees as prescribed in sub-rule(1) of rule 26 for one year in case of a Stamp Vendor and for 2 years in case of a Service Provider. The application for renewal shall be made in Form - A at least 15 days before the expiry of the licence and shall be accompanied with a receipt of having paid the prescribed fee under these rules. The fee shall not be refundable.
Applications for renewal shall be disposed of within a period of one month from the date of receipt of an application.
(6). Issue of Duplicate Licence- If a licence is lost, destroyed, defaced, torn or becomes illegible, the Stamp Vendor shall apply to the Licensing Authority in the same manner for a duplicate licence as laid down in sub-rule (1) of rule 26 for the grant of a new licence. Such duplicate licence shall be issued on payment of a fee of rupees five hundred.
(7). Terms and Conditions for Licence- The licence of Stamp Vendor / Service Provider shall be issued in Form - B on such terms and conditions as may be specified by the Inspector General of Registration. A person who is appointed as a Licence on his obtaining a job as mentioned in clause (b) of sub-rule(2) of rule 26 shall have to surrender his licence immediately.
27. Suspension or cancellation of licence- The Licensing Authority may at any time cancel the licence of the licensee on any of the grounds give below. The copy of such order shall be endorsed to the Regional Deputy Inspector General of Registration -
(a) for breach of any provision of these rules or of the conditions of the licence,
(b) for incapability to store sufficient stamps or to keep sufficient credit limit for e-stamps and other related services,
(c) for failure to attend the place of work continuously for a period exceeding one month without the prior permission of the Licensing Authority;
(d) for being guilty of participating in any illegal transaction or unfair dealings;
(e) for indulging in practice which tends to encourage corruption in the office;
(f) for charging amount in excess of what has been specified;
(g) for any other act of misconduct on the part of the licensee;
(h) in case the licensee is of unsound mind;
(i) on receipt of orders from the Inspector General of Registration to discontinue a particular category/categories of licences:
Provided that no order for cancellation of licence shall be passed unless the licensee has been given an opportunity of being heard, except in case of cancellation of licence on the ground under clause (i) above:
Provided further that from the date of issue of above notice to the licensee, the licence shall remain suspended.
27-A. Revision - The Regional Deputy Inspector General of Registration may, at any time on his own motion or on the application made by any party, for the purpose of satisfying himself as to the legality or propriety of any order passed by him or as to the regularity of the proceedings of the Licensing Authority, call for and examine the record of any such case pending before him, or disposed of by he Licensing Authority and may pass such order in reference thereto as he thinks fit:
Provided that no such application shall be concerned and no action shall be taken by the Deputy Inspector General of Registration on his own motion after expiry of sixty days from the date of order of Licensing Authority and no order shall be varied or reversed unless notice has been served on the parties interested and an opportunity of hearing given to them.
28. Application to the Inspector General of Registration- The Inspector General of Registration may, on the application of any person aggrieved by the order of the Deputy Inspector General of Registration passed under rule 27-A, may call for and examine the record of any such case and after giving an opportunity of being heard to the applicant, may pass such order as he thinks fit. The order passed by the Inspector General of Registration shall be final thereon.