• What are the consequences of non-stamping of an agreement?Gaurav Talwar, Gurgaon Agreements executed in India or brought into India subsequent to execution outside India have to be stamped at a rate prescribed under the provisions of the applicable stamp law. The non-stamping of an instrument makes it inadmissible as evidence in legal proceedings and before any public officer. However, there are certain exceptions. Such as (a) the instrument would be admissible as evidence in any proceedings in a criminal court (other than certain proceedings specified in the Code of Criminal Procedure, 1973); and (b) the instrument may be admissible as evidence in any court where such instrument has been executed by or on behalf of the Government, or where it bears the certificate of the Collector. Any court or public officer can impound an unstamped or insufficiently stamped instrument. Section 62 of the Stamp Act makes it an offence punishable with fine (which may extend to Rs 500) for a person to execute and use, or be a party to the execution of, an instrument not duly stamped. Agreements which have not been stamped may be stamped at a later point of time by paying the applicable stamp duty and penalty as prescribed under the relevant stamp law. • I own a manufacturing unit which employs 25 permanent workers. Am I required to contribute towards their provident fund?Naresh Kriplani, Pune The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, applies to (a) every establishment which is a factory engaged in any industry specified under Schedule I of the Act and in which 20 or more persons are employed; and (b) to any other establishment employing 20 or more persons or class of such establishment which the Central Government may notify. It is important to note that under the Employees’ Provident Fund Scheme, 1952, an employee whose pay at the time he is otherwise eligible for provident fund is more than Rs 6,500 per month would not be eligible for provident fund under the scheme. Pay has been defined as the aggregate of basic pay, dearness allowance, retaining allowance and cash value of food concessions. However, please note that even an ineligible employee would be counted for determining the applicability of the Act. Therefore, you would be required to contribute towards the employee provident fund if the nature of activity you are engaged in is covered under Schedule I of the said Act. We would suggest that you consult a lawyer in this regard. • I have been married for two years. Due to some differences, my wife has left me and despite my trying, has refused to come back. I want to know how can I get her to come back, and if I cannot, how can I get a divorce?MB, Bangalore You could file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, seeking a decree from court as regards your conjugal rights and right to be with your wife. Such a decree, however, cannot be executed. But where a party has obtained this decree and if in spite of that the spouse refuses to return, then after passage of one year, a petition for divorce can be filed on the ground that there has been no resumption of cohabitation. Alternatively, if your spouse also wishes to seek a divorce, you could seek divorce by mutual consent under Section 13 (B) of the Act. However this kind of divorce can be obtained only if it is shown that the petition is being presented by both parties and that both parties have been living separately for a year. After six months and not later than 18 months of presentation of the petition, the court would conduct an inquiry as to the averments made in the petition. If it is satisfied, the court shall grant a decree for divorce. Rajiv K. Luthra is the founder and senior partner of Luthra and Luthra Law Offices. This column provides general observations on applicable laws. Due to paucity of space, it does not and cannot substitute legal advice specific to an issue. Readers are requested to consult their lawyer for specific legal problems. The author and publisher shall not be responsible in case any damage or loss is caused to any person as a result of any action taken on the basis of the opinion expressed here. Readers can send their questions to luthra@luthra.com
