The Indian Coinage Act, 1906


http://finmin.nic.in/law/indiancoinageact1906.pdf


3 of 1906

 [ 2nd March
1906 ]

 An Act to consolidate and amend the law relating to Coinage and
the Mint.



 WHEREAS it is expedient to consolidate and amend the law relating to
Coinage and the Mint; It is hereby enacted as follows:-

Preliminary

Short title & extent:

1. (1) This Act may be called the Indian Coinage Act, 1906; and

[ (2) It extends to the whole of India ]

Definitions:

2. In this Act, unless there is anything repugnant in the subject or context,-

( a) “deface,” with its grammatical variations and cognate expressions, includes
clipping, filing, stamping, or such other alteration of the surface or shape of a
coin as is readily distinguishable from the effects of reasonable wear;

(b) “the Mint” includes the Mints now exiting and any which may hereafter be
established

 ( c) “prescribed” includes prescribed by a rule made under this Act;

(d) “remedy” means variation from the standard weight and fineness;
 and

 (e) “standard weight” means the weight prescribed for any coin

Power to establish and abolish Mints:

3. The Central Government may, by notification in the Official Gazette-
(a) establish a Mint at any place at which a Mint does not for the time being exist;
and

(b) abolish any Mint, whether now existing or hereafter established.

 4. [Silver coins] Rep by the Indian Coinage (Amendment) Act, 1974 (28 of 1947),s.2.

 5. [Standard Weight and fineness] Rep. by s.2, ibid

Coinage

 Denominations, dimensions, designs and composition of coins:

 6. Coins may be coined at the Mint for issue under the authority of the Central
Government, [of such denominations not higher than one hundred rupees],of such
dimensions and designs, and of such metals or of mixed metals of such composition
as the Central Government may, by notification in the official Gazette, determine.]

 Standard weight & remedy:

7. The standard weight of the coins of any denomination coined under the provisions
of section 6, and the remedy allowed in the making of such coins shall be such as may
be prescribed in this behalf by the Central Government.

8 “omitted.

9. “omitted.

10.[Power to direct coining, and to prescribe dimensions and designs.] Rep. by the
Indian Coinage (Amendment) Act, 1947 (28 of 1947), s.4.

Legal Tender

11. [Denomination of sovereign and half-sovereign] Rep by s.4, ibid.

12. [Silver coin when a legal tender.] Rep by s.4, ibid.

Coin, when a legal tender:

13. (1) The coins issued under the authority of section 6 shall be a legal tender in
payment or on account,-

 (a) [in the case of a coin of any denomination not lower than one rupee],
 for any sum;
(b) in the case of a half-rupee coin, for any sum not exceeding ten rupees;

 ( c) in the case of any other coin, for any sum not exceeding one rupee:

Provided that the coin has not been defaced and has not lost weight so as to be less
than such weight as may be prescribed in its case.

 28 of 1947:

 (2) All silver coins issued under this Act after the 10th day of March, 1940 [and
before the commencement of the Indian Coinage (Amendment ) Act, 1947] shall
continue as before to be a legal tender in payment or on account,-

 (a) in the case of a rupee coin, for any sum;
 (b) in the case of a half-rupee coin, for any sum not exceeding ten rupees;
 (c ) in the case of a quarter –rupee, for any sum not exceeding one rupee:

Provided that the coin has not been defaced and has not lost weight so as to be less
than-
(i) 176.4 grains Troy in the case of a rupee coin, or
 (ii) 88.2 grains Troy in the case of a half- rupee coin, or
 (iii) such weight as may be prescribed in the case of a quarter-rupee coin.

(3). All nickel, copper and bronze coins which may have been issued under this Act
before the 24th day of January, 1942 shall continue as before to be a legal tender in
payment or on account for any sum not exceeding one rupee.

17 of 1964:

4. All new coins in the naya paisa series, designated as such under the notification of
the Government of India in the Ministry of Finance, Department of Economic Affairs,
No. S.R.O. 1120, dated 11th May, 1956 which may have been issued under this Act
prior to the commencement of the Indian Coinage (Amendment) Act, 1964, shall
continue to be a legal tender in payment or on account,-

 (a) in the case of a half-rupee or fifty naye paise coin, for any sum not
 exceeding ten rupees;

 (b) in the case of any other coin, for any sum not exceeding one rupee.

    Decimal system of coinage: 
 14. (1) The rupee shall be divided into one hundred units and the new coin 
representing such unit may be designated by the Central Government, by notification 
in the official Gazette, under such name as it thinks fit, and the rupee, half-rupee and quarter-rupee shall be respectively equivalent to one hundred , fifty and twenty-five 
such new coins and shall, subject to the provisions of sub-section (1) and sub-section 
(2) of section 13 and to the extent specified therein, be a legal tender in payment or on 
account accordingly. 

 (2) All coins issued under the authority of this Act in any denominations of 
annas, pice and pies shall, to the extent specified in section 13, be a legal tender in 
payment or on account at the rate of sixteen annas, sixty-four pice or one hundred and 
ninety-two pies to one hundred new coins referred to in sub-section (1), calculated in 
respect of any such single coin or number of such coins, tendered at one transaction, 
to the nearest new coin, or where the new coin above and the new coin below are 
equally near, to the new coin below. 

(3) All references in any enactment or in any notification, rule or order under 
any enactment or in any contract, deed or other instrument to any value expressed in
annas, pice and pies shall be constructed as reference to that value expressed in new
coins referred to in sub-Section(1) converted thereto at the rate specified in sub-section(2)

 (4) As from the commencement of the Indian Coinage (Amendment) act, 1964, 
all references in any enactment or any notification, rule or order under any enactment 
or in any contract, deed or other instrument to any value in naya paisa or naye paise 
shall be constructed as references to that value expressed respectively in paisa or 
paise, being the new coins designated as such from Ist day of June, 1964.]          

15. [Coin made under former Acts.] Rep. by the Indian Coinage (Amendment) 
Act, 1947 (28 of 1947), s.6. 
Power to call in coin: 
 15A. Notwithstanding anything contained in [section 13] the Central 
Government may, by notification in the Official Gazette, call in, with effect from such 
date as may be specified in the notification, any coin, of whatever date or 
denomination, referred to in [that section], and on and from the date so specified such 
coin shall cease to be a legal tender [save to such extent as may be specified in the 
notification]. 
Diminished, Defaced and counterfeit coin 
 Power to certain persons to cut diminished or defaced silver coins: 
16. Where any silver coin which has been coined and issued under the authority of the 
Central Government is tendered to any person authorized, by the Central Government 
to act under this section, and such person has reason to believe that the coin- 
(a) has been diminished in weight so as to be more than such percentage below 
standard weight as may be prescribed as the limit of reasonable wear, or 
 (b) has been defaced, 
 he shall, by himself or another, cut or break the coin. 
Procedure in regard to coin cut under Section 16(a): 
 17. A person cutting or breaking coin under the provisions of clause (a) of 
section 16 shall observe the following procedure, namely:- 
 (a) if the coin has been diminished in weight so as to be more than such 
percentage below standard weight as may be prescribed as the limit of 
reasonable wear, but not more than such further percentage as may be 
prescribed in this behalf, he shall either return the pieces to the person 
tendering the coin, or, if such person so requests, shall receive and pay for 
the coin at such rates as may be prescribed in this behalf; and 
 (b) if the coin has been diminished in weight so as to be more than such further 
percentage below standard weight so prescribed as aforesaid, he shall return 
the pieces to the person tendering the coin, who shall bear the loss caused 
by such cutting or breaking. 
Procedure in regard to coin cut under Section 16(b): 
 18. A person cutting or breaking coin under the provisions of clause (b) of 
section 16 shall observe the following procedure, namely:- 
(a) if such person has reason to believe that the coin has been fraudulently 
defaced he shall return the pieces to the person tendering the coin, who shall 
bear the loss caused by such cutting or breaking; 
 (b) if such person has not reason to believe that the coin has been fraudulently 
defaced, he shall receive and pay for the coin at its nominal value. 
 Explanation - For the purposes of this section a coin which there is reason to 
believe has been defaced by sweating shall be deemed to have been fraudulently 
defaced. 
Procedure in regard to coin which is liable to be cut under both clause (a) and 
clause (b) of Section 16: 
 19. If a coin is liable to be cut or broken under the provisions of both clause (a) 
and clause(b) of section 16, the person cutting or breaking the coin shall deal with it,- 
(a) if he has reason to believe that the coin has been fraudulently defaced, under 
clause (a) of section 18, and 
 (b) in other cases, under section 17. 
Power to certain persons to cut counterfeit or fraudulently defaced coin and 
procedure in regard to coin so cut: 
 20. Where any coin purporting to be coined or issued under the authority of the 
Central Government is tendered to any person authorized by the Central Government 
to act under this section, and such person has reason to believe that the coin is 
counterfeit [ or has been fraudulently defaced], he shall by himself or another cut or 
break the coin, and may at his discretion either return the pieces to the tenderer, who 
shall bear the loss caused by such cutting or breaking ,or [ in the case of silver coin] 
receive and pay for the coin according to the value of the silver bullion contained in it 
Supplementary Provisions: 
Power to make rules: 
 21. (1) The Central Government may make rules to carry out the purposes and 
objects of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing power 
such rules may- 
(a) deleted 
(b) provide for the guidance of persons authorized to cut or break 
coin under sections 16 and 20. 
( c ) determine the percentage of diminution in weight below standard 
weight not being less{than two per cent in the case Silver coins 
or five per cent in the case of pure nickel coins,}which shall be 
the limit of reasonable wear; 
 (d) prescribe the further percentage referred to in clause (a) of section 17, 
and the rates at which payments shall be made in the case of coins 
falling under the same clause. 
(3) Every such rule shall be published in the Official Gazette and on such 
publication Shall have effect as if enacted in this Act. 
  Bar of suits. 
 22. No suit or other proceeding shall lie against any person in respect of 
anything in good faith done, or intended to be done, under or in pursuance 
of the provisions of this Act. 
 Savings of making other coins 
 23. Nothing in this Act shall be deemed to prohibit or restrict the making 
at the Mint of coins intended for issue as money by the Government of any 
territories beyond the limits of [India]. 
 Temporary provisions with respect to certain Hyderabad coins. 
 [24. Notwithstanding anything in section 6 of the part B States (Laws) 
Act, 1951, Coin of such description as at the commencement of the said Act 
were in circulation as legal tender in [ the state of Hyderabad] shall continue to 
be legal tender in that State to the like extent and subject to the same conditions 
as immediately before the commencement of the said Act for such period, not 
exceeding [ four years] from such commencement as the Central Government 
may by notification in the Official Gazette, determine.] 
 THE SCHEDULE - [Acts repealed] Rep. by the Repealing and Amending 
Act, 
 1914 (10 of 1914). S. 3 and Sch. 11. 
***




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