Hello Anoop,
Pl look at Rajan Associates reply in this Thread--your answer is there.
Hello Pradeepan-- Attaching a format that I got it earlier from CiteHR itself [needless to mention CiteHR is a Goldmine of information with the members being one of the rare kind who 'SHARE'--mind you, I am not taking the credit for this, since I got this from someone who posted the Format earlier]. Hope it's of use to you.
Rgds,
TS
From India, Hyderabad
1637Pl look at Rajan Associates reply in this Thread--your answer is there.
Hello Pradeepan-- Attaching a format that I got it earlier from CiteHR itself [needless to mention CiteHR is a Goldmine of information with the members being one of the rare kind who 'SHARE'--mind you, I am not taking the credit for this, since I got this from someone who posted the Format earlier]. Hope it's of use to you.
Rgds,
TS
From India, Hyderabad
Good Afternoon Dear,
As per your above post that is depend upon your company's terms & condition.
Yes it is necessary to have agreements such as "Confidentiality and Non-Disclosure Agreement " between company and employee to be on stamp paper.
if your agreement in simple paper so that is not valuable but if you using company later head for same that is substitute of stamp paper.
more at https://www.citehr.com/295018-confid...#ixzz158kWLD1s
From India, Mumbai
As per your above post that is depend upon your company's terms & condition.
Yes it is necessary to have agreements such as "Confidentiality and Non-Disclosure Agreement " between company and employee to be on stamp paper.
if your agreement in simple paper so that is not valuable but if you using company later head for same that is substitute of stamp paper.
more at https://www.citehr.com/295018-confid...#ixzz158kWLD1s
From India, Mumbai
Iam afraid - an agreement on company’s letterhead may not substitute a stamp paper in law
From Mauritius, Vacoas
From Mauritius, Vacoas
Dear All
Please do not be under the impression that if the NDA is not on stamp paper it has no value.It has value .This is because of Section 35 of The Indian Stamp Act, which reads as under:-
"S.35. Instruments not duly stamped inadmissible in evidence, etc.-- No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: Provided that --
(a) any such instrument not being an instrument chargeable with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion; (b) where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it; (c) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898; (d) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act."
Therefore when a case is filed by paying penalty the Stamp Duty can be made good.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Please do not be under the impression that if the NDA is not on stamp paper it has no value.It has value .This is because of Section 35 of The Indian Stamp Act, which reads as under:-
"S.35. Instruments not duly stamped inadmissible in evidence, etc.-- No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: Provided that --
(a) any such instrument not being an instrument chargeable with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion; (b) where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it; (c) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898; (d) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act."
Therefore when a case is filed by paying penalty the Stamp Duty can be made good.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Hi Garima
This agreemenent is not necessary to be executed on Stamp Paper. It may be executed on Plain paper but for its enforceaility it is necessary that the same is signed by both parties on each page & be attested by two witnesses.
Gaurav Bansal
Advocate
9818826208
From India, New Delhi
This agreemenent is not necessary to be executed on Stamp Paper. It may be executed on Plain paper but for its enforceaility it is necessary that the same is signed by both parties on each page & be attested by two witnesses.
Gaurav Bansal
Advocate
9818826208
From India, New Delhi
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Confidentiality agreement.doc
Self disclosure.pdf