Description of Instruments

Proper Stamp Duty

(1)

(2)

1. Acknowledgement of a debt exceeding five hundred rupees in amount or value, written or signed by or on behalf of debtor in any book (other than a banker's pass book) or on a separate piece of paper, when such book or paper is left in the creditor's possession.

Ten rupees.

2. Acknowledgement of receipt of payment of consideration on account of another deed, which has been previously registered.

Five thousand rupees.

3. Administration-Bond, including a bond given under section 291, 375 and 376 of the Indian Succession Act, 1925 (39 of 1925) and Section 6 of the Government Savings Bank Act, 1873 (5 of 1873).

The same duty as a bond (No. 14) for the same amount.

4. Adoption deed, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt.

Two thousand rupees.

5. Affidavit, that is to say, a statement in writing purporting to be a statement of fact, signed by the person making it and confirmed by him on oath or, in the case of persons by law allowed to affirm instead of swearing, by affirmation.

Fifty rupees.

6. Agreement of Memorandum of an agreement-

(a) If relating to the sale of bill of exchange.

One rupee for every rupees 10,000 or part thereof.

(b) (i) If relating to the purchase or sale of a Government security.

One rupee for every rupees 10,000 or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, subject to a maximum of rupees five thousand.

(ii) If relating to the purchase or sale of shares, scrips, bonds, debentures, debenture-stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

(c) It relating to a permission granted by a manufacturer or owner of a business, know-how, brand name, trademark or the like to another person to carry on business or other activity using the grantor's know-how, brand name, trademark etc., i.e. the agreement of franchise.

Ten thousand rupees

(d) If relating to the development of land and/or construction of a building thereon by a person other than the owner or lessee of such land.

(i) if having the stipulation that after development, such developed property or part thereof shall be held/sold by the developer, by whatever name called, either severally or jointly with the owner/lessee-

The same duty as a conveyance (No. 25) on the, market value of only that portion of the entire land proposed to be developed which is proportionate to the developed property to be held/sold by the developer jointly or severally, or half of the duty as a conveyance (No. 25) on the market value of the entire land proposed to be developed, whichever is higher.

(ii) for cases not covered by (i) above-

Explanation-For the purposes of this article,

0.25 percent of the market value of the entire land proposed to be developed, subject to a minimum of one thousand rupees.

(i)"development" and "developer" shall have the same meaning as assigned to them respectively in section 2(f) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and rule 2(1) (b) of the Madhya Pradesh Special Project and Township (Development, Regulation and Control) Rules, 2011.

(ii) where the developed property is held/sold jointly but the share of the developer is not expressly mentioned in the document, the developer's share shall be deemed to be 100 percent.

(e) If relating to sale of immovable property-

(i) When possession of the property is delivered or is agreed to be delivered without executing the conveyance.

The same duty as conveyance (No. 25) on the market value of the property.

(ii) When possession of the property is not given.

One thousand rupees.

(f) If relating to hire-purchase of immovable property.

The same duty as a conveyance (No. 25) on the market value of the property.

(g) If relating to secure repayment of a loan or debt.

0.25 percent of the amount of loan or debt, subject to a maximum of five lakh rupees.

(h) If not otherwise provided for.

Five hundred rupees.

7. Agreement relating to deposit of title deeds, pawn, pledge or hypothecation, that is to say, any instrument evidencing an agreement relating to-

(a) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt.

0.25 percent of the amount secured by such deed, subject to a maximum of five lakh rupees.

(b) the pawn, pledge or hypothecation of movable property, where such pawn, pledge or hypothecation has been made by way of security for the repayment of money advanced, or to be advanced by way of loan or an existing or future debt.

0.25 percent of the amount of loan or debt subject to a maximum of five lakh rupees.

Explanation I-On an instrument relating to deposit of title deeds or pawn or pledge or hypothecation for securing repayment of money advanced or to be advanced by way of loan or an existing or future debt of a higher amount than one secured by earlier instruments of like nature, the duty shall be chargeable only on the additional amount in case the proper stamp duty has been paid on the earlier instrument.

Explanation II-for the purposes of clause (a) of this article, notwithstanding anything contained in any judgment, decree or order of any court or order of any authority, any letter, note, memorandum or writing relating to the deposit of title deeds whether written or made either before or at the time when or after the deposit of title deeds is effected, and whether it is in respect of the security for the first loan or any additional loan or loans taken subsequently, such letter, note, memorandum or writing shall, in the absence of any separate agreement or memorandum of agreement relating to deposit of such title deeds, be deemed to be an instrument, evidencing an agreement relating to the deposit of title deeds.

8. Appointment in execution of a power, whether of trustees or of property, moveable or immoveable, where made by any writing, not being a will.

Five hundred rupees.

9. Appraisement or valuation, made otherwise than under an order of the Court in the course of a suit.

Five hundred rupees.

10. Apprenticeship deed, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment.

Two hundred rupees.

11. Articles of a Company-

(a) where the company has no share capital.

(b) where the company has nominal share capital or increased share capital.

Five thousand rupees.

0.15 percent of such nominal or increased share capital, subject to a minimum of five thousand rupees and a maximum of twenty five lakh rupees.

12. Award, that is to say, any decision in writing by an arbitrator or umpire, on a reference made otherwise than by an order of the Court in the course of a suit, being an award made as a result of a written agreement to submit present or future differences to arbitration and not being an award directing a partition.

Two percent of the award amount or market value of the property to which the award relates, whichever is higher.

13. Bank Guarantee. Guarantee deed executed by a bank as surety to secure the due performance of a contract or the due discharge of liability.

0.25 percent of the amount, subject to a maximum of twenty five thousand rupees.

14. Bond, not being a debenture and not being otherwise provided for by this Act or by the Court-fees Act, 1870 (No. 7 of 1870).

(a) 0.5 percent of the amount or value secured subject to a minimum of five hundred rupees.

(b) Where no valuation is possible, five hundred rupees.

15. Bottomry Bond, that is to say, any instrument whereby the master of a sea going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

The same duty as a Bond (No. 14) for the same amount.

16. Cancellation-Instrument of cancellation of any previously registered document, if attested and not otherwise provided for.

Five hundred rupees.

Explanation-I-If on the principal instrument stamp duty is paid on the basis of value, the duty on the instrument of cancellation shall be chargeable as per the principal instrument.

Explanation-II-If on the principal instrument stamp duty is paid on the basis of market value, the duty on the instrument of cancellation shall be chargeable as per the principal instrument on the prevailing market value.

17. Certificate of Enrolment, under section 22 of the Advocate Act, 1961 (No. 25 of 1961), issued by the State Bar Council of Madhya Pradesh.

One thousand rupees.

18. Certificate of Practice as Notary, under sub-section (1) of section 5 of the Notaries Act, 1952 (No. 53 of 1952), or endorsement of renewal of such certificates under sub section (2)'of the said section.

Two thousand rupees.

19. Certificate of Sale (in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or other Revenue Officer or an officer authorised to do so under any law for the time being in force.

The same duty as a conveyance (No. 25) for the amount of purchase money only.

20. Certificate or other document, evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.

One rupee for every one thousand rupees or a part thereof, of the value of the-shares, scrip or stock.

21. Charter-Party, that is to say, any instrument (except an agreement for the hire of tug steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.

One hundred rupees.

22. Clearance List-

(a) If relating to the transactions for the purchase or sale of Government securities submitted to the clearing house of a stock exchange.

One rupee for every rupees 10,000 or part thereof in respect of each of the entries in such list on the value of securities calculated at the making up price or the contract price, as the case may be, subject to a maximum of rupees five thousand.

(b) If relating to the transactions for the purchase or sale of share, scrip, stock, bond, debenture, debenture-stock or other marketable security of a like nature in or of an incorporated company or other body corporate, submitted to the clearing house of a stock exchange.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

23. Composition deed, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of inspectors nominated by the creditors or under letters of licence for the benefit of his creditors.

Two thousand five hundred rupees.

24. Consent deed without any consideration, forming part of a document already registered or to be registered.

One thousand rupees.

25. Conveyance-not being a transfer charged or exempted under No. 6.

Five percent of the market value of the property which is the subject matter of conveyance or the amount of consideration set forth therein, whichever is higher.

Explanation-For the purpose of this article market value of any properly which is subject matter of conveyance executed by or on behalf of the Central Government or the State Government, shall be the value shown in the instrument.

Provided that-

(a) where an instrument relates to the merger or amalgamation of companies under the orders of Tribunal/Court under section 232 and 234 of the Companies Act, 2013 (18 of 2013), or under the order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (10 of 1949) the duty chargeable shall be an amount equal to 5% of the market value of the immovable property transferred which is located within the State of Madhya Pradesh, or an amount equal to 0.5% of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid for such transfer, whichever is higher.

(b) when an instrument relates to an assignment of a debt, the rate of duty shall be 0.25 percent on the amount of the debt assigned.

(c) where an agreement to sell an immovable property is stamped with ad-valorem duty required for a conveyance and a sale deed in pursuance of such agreement is subsequently executed, the duty on such sale deed shall be the duty payable under the article less the duty already paid, subject to a minimum of Rs. 1000.

(d) where a power of attorney authorising the agent to sell immovable property is stamped with ad-valorem duty required for a conveyance and a sale deed is executed in pursuance of power of attorney between the executant of attorney and the person in whose favour it is executed, the duty on the sale deed shall be the duty payable under the article less the duty already paid, subject to a minimum of Rs. 1000.

(e) where a mortgage deed or an agreement to mortgage is stamped with ad-valorem duty required for a mortgage under article 43 and a court decree in pursuance of a suit filed against the mortgaged property, or a mortgage deed is executed, the duty payable on the decree or the mortgage deed shall be the duty payable under the article less the duty already paid under article 43 on the mortgage deed, subject to a minimum of Rs. 1000.

(f) where by an instrument, a person includes the name of his wife or daughter or daughter-in-law severally or jointly as co-owner in his property, the rate of duty shall be 1 percent on the market value of the property.

26. Copy or Extract, certified to be a true copy or extract by or order of an public officer under section 70 of the indian Evidence Act, 1872 (No. 1 of 1872) and not chargeable under the law for the time being in force relating to court fees

One hundred rupees.

27. Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has beer, paid.

One thousand rupees.

28. Customs Bond or Excise bond, that is to say, any bond given pursuant to the provisions of any law for the time being in force or to the directions of any officer of Custom or Excise for, or in respect of, any of the duties of Customs and Excise or for preventing frauds or evasions thereof or for any other matter or thing relating thereto.

The same duty as a Bond (No. 14) for the same amount.

29. Declaration, under the Madhya Pradesh Prakoshtha Swamitva Adhiniyam, 2000 (No. 15 of 2001).

Ten thousand rupees.

30. Delivery order in respect of goods, that is to say, any instrument entitling any person therein named or his assigns or the holder thereof, to the delivery of any goods lying in any dock or pert or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being executed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein when such goods exceed in value hundred rupees.

Ten rupees.

31. Divorce, instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

One thousand rupees.

32. Document amending or correcting previously registered deed, but not making any material alterations.

One thousand rupees.

Explanation-For the purpose of this article a material alteration is one which varies the rights, liabilities or legal position of the parties as ascertained from the instrument in its original state or otherwise varies the legal effect of the instrument as originally executed.

33 Entry of certificate of marriage, in the register under the Special Marriage Act, 1954 (No. 43 of 1954) or any other law for the time being in force.

One hundred rupees.

34. Exchange of Property-Instrument of

The same duty as a conveyance (No. 25) on the market value of the property of greater value, which is the subject matter of Exchange.

35. Further charge-Instrument of, tint is to say, any instrument imposing a further charge on mortgaged property-

(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 43 (that is with possession).

The same duty as a conveyance (No. 25) for the amount of further charge secured by such instrument.

(b) when such mortgage is one of the description referred to in clause (b) of Article No. 43 (that is, without possession)-

(i) If at the time of the execution of the instrument of further charge, the possession of the property is given or agreed to be given under such instrument.

The same duty as a conveyance (No. 25) for the total amount of charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

(ii) If possession is not so given.

36. Gift-Instrument of, not being a settlement (No. 57) or will or transfer (No. 61):-

The same duty as a Bond (No. 14) for the amount of the further charge secured by such instrument.

(i) when made to member of a family.

Half of the duty as a conveyance (No. 25) on the market value of the property, which is subject matter of the gift.

(ii) in all other cases.

Explanation-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and gradson,

The same duty as a conveyance (No. 25) on the market value of the property, which is subject matter of the gift.

37. Indemnity Bond.

38. Lease, including an under-lease, or sub-lease and any agreement to let or sub-let or any renewal of lease-

The same duty as a Bond (No. 14) for the same amount.

(i) where the lease purports to be for a term less than one year.

0.01 percent of the whole amount payable or deliverable under such lease, or of the market value of the property, whichever is higher.

(ii) where the lease purports to be for a term of not less than one year but less than five years.

0.1 percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(iii) where the lease purports to be for a term of not less than five years but less than ten years.

One percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(iv) where the lease purports to be for a term of not less than ten years but less than twenty years.

Two percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(v) where the lease purports to be for a term of not less than twenty years but less than thirty years.

Four percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(vi) where the lease purports to be for a period of thirty years or more, or in perpetuity, or does not purport to be for a definite period.

Explanation-I-When an instrument of agreement to lease is stamped with the ad-valorem duty required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease deed shall be the duty payable under the article less the duty already paid, subject to a minimum of one thousand rupees.

Five percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

Explanation-II-Where a decree or final order of any Civil Court in respect of a lease is stamped with ad-valorem duty required for a lease, and a lease in pursuance of such decree or final order is subsequently executed, the duty on such lease deed shall be the duty payable under the article less the duty already paid, subject to a minimum of one thousand rupees.

Explanation-III-Any consideration in the form of premium, or money advanced or to be advanced by whatever name called shall, for the purpose of this article, be treated as consideration passed on.

Explanation-IV-The renewal period, if specifically mentioned in the lease deed, shall be treated as part of the present lease period.

Explanation-V-When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord's share of cesses or the owner's share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. Also, rent paid in advance shall be deemed to be money advanced, unless it is specifically provided in the lease that rent paid in advance shall be set off towards the installments of rent.

Explanation-VI-For the purpose of this article royally shall be treated as rent.

Explanation-VII-For the purpose of this article market value, premium and rent of any property, which is subject matter of lease executed by or on behalf of the Central Government or the State Government or any undertaking of the State Government shall be as shown in the instrument.

39. Letter of allotment of Shares, in any company or proposed company or in respect of any loan to be raised by any company or proposed company.

Ten rupees.

40. Letter of Guarantee.

One thousand rupees.

41. Letter of licence, that is to say, any agreement between a debtor and his creditors that the latter shall for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.

Two thousand rupees.

42. Memorandum of a company-

(a) If accompanied by articles under section 5 of the Companies Act, 2013 (No. 18 of 2013)

(b) If not so accompanied.

Two thousand five hundred rupees.

The same duty as is chargeable on Articles under Article II, according to the share capital of the company.

43. Mortgage deed, not being an agreement relating to the deposit of title deeds, Pawn, Pledge or Hypothecation (No. 7), Bottomry bond (No. 15), Mortgage of a crop (No. 44), Respondentia Bond (No. 55), or a Security bond (No. 56)-

(a) When possession of the property or any part of the property comprised in such deed is given by mortgagor or agreed to be given.

(b) When possession is not given or agreed to be given as aforesaid.

The same duty as a conveyance (No. 25) for the amount secured by such deed.

The same duty as a Bond (No. 14) for the amount secured by such deed.

Explanation-I A mortgagor who gives to the mortgagee a power of attorney to collect rents of a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.

Explanation-II For mortgage, for creating development of or construction on land under the Madhya Pradesh Nagar Palika (Registration of Colonizer, Terms and Conditions) Rules, 1998 and the Madhya Pradesh Gram Panchayat (Registration of Colonizer, Terms and Conditions) Rules, 1999, the development expenses approved by the competent officer and set forth in the document, shall be the amount secured.

(c) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose, where the principal or primary security is duly stamped.

Five hundred rupees.

44. Mortgage of a Crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is not in existence at the time of the mortgage.

Ten rupees.

45. Notarial Act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No. 51) executed by a Notary public in the execution of the duties of his office, or by any other person lawfully acting as a Notary public.

Fifty rupees.

46. Note or Memorandum, sent by a broker or agent to his principal intimating the purchase or sale on account of such principal-

(a) of any goods exceeding in value one hundred rupees.

Two rupees for every rupees one lakh or part thereof, subject to a maximum of fifty rupees.

(b) of any share, scrip, stock, bond, debenture, debenture stock or other marketable security of a like nature exceeding in value one hundred rupees, not being a Government Security.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

(c) of a Government Security.

Explanation-

For the purpose of clause(a) of this article, the record of transaction (electronic or otherwise) relating to future and option trading and forward contracts of goods described in clause (a) effected by the firm for itself or by proprietor for himself, who is a trading member through stock exchange or an association as defined in clause (a) of section 2 of the Forward Contract (Regulation) Act, 1952 (No. 74 of 1952) shall be deemed to be a Note or Memorandum.

One rupee for every rupees ten thousand or part thereof, of the value of the security, at the time of its purchase or sale, as the case may be, subject to maximum of five thousand rupees.

47. Note of Protest, by the master of a ship.

Fifty rupees.

48. Partition-Instrument of-

(i) when made within the family members.

(ii) in any other case,

Half of the duty as a conveyance (No. 25) on the market value of the separated share or shares of the property.

The same duty as a conveyance (No. 25) on the market value of the separated share or shares of the property.

Note-The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other share, then one of such equal shares) shall be deemed to be that from which the other shares are separated,

Explanation-I-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

Explanation-II-When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than one thousand rupees.

Explanation-III-Where the instrument relates to the partition of agricultural land exclusively (not situated within urban or planning area, or any other area as may be specified), the market value for the purpose of duty shall be calculated at hundred times the annual land revenue.

Explanation-IV-Where a final order for effecting a partition passed by any Revenue-authority or Civil Court or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not be less than one thousand rupees.

49. Partnership-

A. Instrument of-

(a) where there is no share of contribution in partnership or where such share of contribution does not exceed Rs. 50,000.

(b) where such share of contribution is in excess of Rs. 50,000.

(c) where such share of contribution is brought by way of immovable property.

Two thousand rupees.

Two percent of the shares contributed, subject to a minimum of rupees two thousand and a maximum of rupees ten thousand.

Two percent on the market value of such property.

Explanation-Where such share of contribution is brought by way of cash and immovable property, clauses (b) and (c) both shall apply.

B. Dissolution of partnership or retirement of a partner.

(a) Where on dissolution of partnership or on retirement of a partner, any immovable property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership.

(b) In any other case.

The same duty as a conveyance (No. 25) on the market value of such property.

One thousand rupees.

50. Power of attorney as defined by section 2(21), not being a proxy-

(a) when authorising one person or more to act in single transaction, excluding power of attorney coming under clause (c) or (d).

(b) when authorising one person to act in more than one transaction or generally, or not more than ten persons to act jointly or severally in more than one transaction or generally, excluding power of attorney coming under clause (c) or (d).

One thousand rupees.

Two thousand rupees.

(c) when given for consideration and authorising the agent to sell, exchange or permanently alienate any immovable property situated in Madhya Pradesh.

The same duty as a conveyance (No. 25) on the market value of the property.

(d) when given without consideration, and authorizing the agent to sell, gift, exchange or permanently alienate any immovable property situated in Madhya Pradesh-

(i) when the agent is a member of the family.

One thousand rupees.

(ii) when the agent is not a member of the family.

The same duty as a conveyance (No. 25) on the market value of the property.

(e) when authorizing a person for the sole purpose of purchasing shares, scrips, bonds, debentures, debenture-stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate, in the name of the principal.

One hundred rupees.

(f) in any other case.

One thousand rupees for each person authorised.

Explanation-I-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

Explanation-II-For the purpose of this article, more persons than one when belonging to the same firm shall be deemed to be one person.

51. Protest of Bill or Note, that is to say, any declaration in writing made by a Notary public, or other person lawfully acting as such, attesting the dishonour of a Bill of Exchange or Promissory Note.

Fifty rupees.

52. Protest by the Master of a Ship, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the charterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such:.

Fifty rupees.

53. Re-conveyance of Mortgaged Property, including mortgage by deposit of title deeds.

One thousand rupees.

54. Release, that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person, or against any specified property-

(i) when in favour of any member of a family.

(ii) in any other case.

Half of the duty as a conveyance (No. 25) on the consideration or market value of the share of the property over which the claim is relinquished, whichever is higher.

The same duty as a conveyance (No. 25) on the consideration or market value of the share of the property over which the claim is relinquished, whichever is higher.

Explanation-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson,

55. Respondentia Bond, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.

The same duty as a Bond (No. 14) for the amount of the loan secured.

56. Security bond not being a Mortgage deed, where such security bond is executed by way of security for the due execution of an office, or executed by a surety to secure the due performance of a contract, or in pursuance of an order of the Court or public officer, not being otherwise provided for by the Court-fees Act, 1870 (No. 7 of 1870).

The same duty as a bond (No. 14) for the same amount.

57. Settlement-

(a) Instrument of (including a deed of dower)-

(i) in case of family members.

(ii) in any other case.

Half of the duty as a conveyance (No. 25) on the market value of the property settled.

The same duty as a conveyance (No. 25) on the market value of the property settled.

Explanation-I-Where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not be less than one thousand rupees.

Explanation-II-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

(b) Revocation of.

One thousand rupees.

58. Share warrants, to bearer issued under the Companies Act, 2013 (No. 18 of 2013).

One and a half times duty payable on a conveyance (No. 25) for a market value equal to the nominal amount of the shares specified in the warrant.

59. Shipping order, for or relating to the conveyance of goods on board of any vessel.

Fifty rupees.

60. Surrender of lease without any consideration and when the subject matter property is in the same condition, as it was stated in the principal lease deed.

One thousand rupees.

61. Transfer--

(a) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8.

(b) of any interest secured by a bond, mortgage deed or policy of insurance.

Fifty paise for every hundred rupees or part thereof, of the consideration amount of debentures.

The same duty as a Bond (No. 14) for such amount or value of the interest.

(c) of any property under section 22 of the Administrator's General Act, 1963 (No. 45 of 1963).

One thousand rupees.

62. Transfer of least, by way of assignment and not by way of under lease.

The same duty as a conveyance (No. 25) on the market value of the property, which is the subject matter of the transfer

63. Trust-

A. Declaration of-of or concerning any property when made by any writing, not being a will-

(a) where there is disposition of property.

Three fourth of the duty as a conveyance (No. 25) on the market value of the property settled.

(b) in any other case.

One thousand rupees.

B. Revocation of-of or concerning any property when made by any instrument, other than a will.

One thousand rupees.

64. Warrant for Goods, that is to say, any instrument evidencing the title of any person therein named, or his assigns or the holder thereof to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.

Ten rupees.".

Description of Instruments

Proper Stamp Duty

(1)

(2)

1. Acknowledgement of a debt exceeding five hundred rupees in amount or value, written or signed by or on behalf of debtor in any book (other than a banker's pass book) or on a separate piece of paper, when such book or paper is left in the creditor's possession.

Ten rupees.

2. Acknowledgement of receipt of payment of consideration on account of another deed, which has been previously registered.

Five thousand rupees.

3. Administration-Bond, including a bond given under section 291, 375 and 376 of the Indian Succession Act, 1925 (39 of 1925) and Section 6 of the Government Savings Bank Act, 1873 (5 of 1873).

The same duty as a bond (No. 14) for the same amount.

4. Adoption deed, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt.

Two thousand rupees.

5. Affidavit, that is to say, a statement in writing purporting to be a statement of fact, signed by the person making it and confirmed by him on oath or, in the case of persons by law allowed to affirm instead of swearing, by affirmation.

Fifty rupees.

6. Agreement of Memorandum of an agreement-

(a) If relating to the sale of bill of exchange.

One rupee for every rupees 10,000 or part thereof.

(b) (i) If relating to the purchase or sale of a Government security.

One rupee for every rupees 10,000 or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, subject to a maximum of rupees five thousand.

(ii) If relating to the purchase or sale of shares, scrips, bonds, debentures, debenture-stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

(c) It relating to a permission granted by a manufacturer or owner of a business, know-how, brand name, trademark or the like to another person to carry on business or other activity using the grantor's know-how, brand name, trademark etc., i.e. the agreement of franchise.

Ten thousand rupees

(d) If relating to the development of land and/or construction of a building thereon by a person other than the owner or lessee of such land.

(i) if having the stipulation that after development, such developed property or part thereof shall be held/sold by the developer, by whatever name called, either severally or jointly with the owner/lessee-

The same duty as a conveyance (No. 25) on the, market value of only that portion of the entire land proposed to be developed which is proportionate to the developed property to be held/sold by the developer jointly or severally, or half of the duty as a conveyance (No. 25) on the market value of the entire land proposed to be developed, whichever is higher.

(ii) for cases not covered by (i) above-

Explanation-For the purposes of this article,

0.25 percent of the market value of the entire land proposed to be developed, subject to a minimum of one thousand rupees.

(i)"development" and "developer" shall have the same meaning as assigned to them respectively in section 2(f) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and rule 2(1) (b) of the Madhya Pradesh Special Project and Township (Development, Regulation and Control) Rules, 2011.

(ii) where the developed property is held/sold jointly but the share of the developer is not expressly mentioned in the document, the developer's share shall be deemed to be 100 percent.

(e) If relating to sale of immovable property-

(i) When possession of the property is delivered or is agreed to be delivered without executing the conveyance.

The same duty as conveyance (No. 25) on the market value of the property.

(ii) When possession of the property is not given.

One thousand rupees.

(f) If relating to hire-purchase of immovable property.

The same duty as a conveyance (No. 25) on the market value of the property.

(g) If relating to secure repayment of a loan or debt.

0.25 percent of the amount of loan or debt, subject to a maximum of five lakh rupees.

(h) If not otherwise provided for.

Five hundred rupees.

7. Agreement relating to deposit of title deeds, pawn, pledge or hypothecation, that is to say, any instrument evidencing an agreement relating to-

(a) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt.

0.25 percent of the amount secured by such deed, subject to a maximum of five lakh rupees.

(b) the pawn, pledge or hypothecation of movable property, where such pawn, pledge or hypothecation has been made by way of security for the repayment of money advanced, or to be advanced by way of loan or an existing or future debt.

0.25 percent of the amount of loan or debt subject to a maximum of five lakh rupees.

Explanation I-On an instrument relating to deposit of title deeds or pawn or pledge or hypothecation for securing repayment of money advanced or to be advanced by way of loan or an existing or future debt of a higher amount than one secured by earlier instruments of like nature, the duty shall be chargeable only on the additional amount in case the proper stamp duty has been paid on the earlier instrument.

Explanation II-for the purposes of clause (a) of this article, notwithstanding anything contained in any judgment, decree or order of any court or order of any authority, any letter, note, memorandum or writing relating to the deposit of title deeds whether written or made either before or at the time when or after the deposit of title deeds is effected, and whether it is in respect of the security for the first loan or any additional loan or loans taken subsequently, such letter, note, memorandum or writing shall, in the absence of any separate agreement or memorandum of agreement relating to deposit of such title deeds, be deemed to be an instrument, evidencing an agreement relating to the deposit of title deeds.

8. Appointment in execution of a power, whether of trustees or of property, moveable or immoveable, where made by any writing, not being a will.

Five hundred rupees.

9. Appraisement or valuation, made otherwise than under an order of the Court in the course of a suit.

Five hundred rupees.

10. Apprenticeship deed, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment.

Two hundred rupees.

11. Articles of a Company-

(a) where the company has no share capital.

(b) where the company has nominal share capital or increased share capital.

Five thousand rupees.

0.15 percent of such nominal or increased share capital, subject to a minimum of five thousand rupees and a maximum of twenty five lakh rupees.

12. Award, that is to say, any decision in writing by an arbitrator or umpire, on a reference made otherwise than by an order of the Court in the course of a suit, being an award made as a result of a written agreement to submit present or future differences to arbitration and not being an award directing a partition.

Two percent of the award amount or market value of the property to which the award relates, whichever is higher.

13. Bank Guarantee. Guarantee deed executed by a bank as surety to secure the due performance of a contract or the due discharge of liability.

0.25 percent of the amount, subject to a maximum of twenty five thousand rupees.

14. Bond, not being a debenture and not being otherwise provided for by this Act or by the Court-fees Act, 1870 (No. 7 of 1870).

(a) 0.5 percent of the amount or value secured subject to a minimum of five hundred rupees.

(b) Where no valuation is possible, five hundred rupees.

15. Bottomry Bond, that is to say, any instrument whereby the master of a sea going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

The same duty as a Bond (No. 14) for the same amount.

16. Cancellation-Instrument of cancellation of any previously registered document, if attested and not otherwise provided for.

Five hundred rupees.

Explanation-I-If on the principal instrument stamp duty is paid on the basis of value, the duty on the instrument of cancellation shall be chargeable as per the principal instrument.

Explanation-II-If on the principal instrument stamp duty is paid on the basis of market value, the duty on the instrument of cancellation shall be chargeable as per the principal instrument on the prevailing market value.

17. Certificate of Enrolment, under section 22 of the Advocate Act, 1961 (No. 25 of 1961), issued by the State Bar Council of Madhya Pradesh.

One thousand rupees.

18. Certificate of Practice as Notary, under sub-section (1) of section 5 of the Notaries Act, 1952 (No. 53 of 1952), or endorsement of renewal of such certificates under sub section (2)'of the said section.

Two thousand rupees.

19. Certificate of Sale (in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or other Revenue Officer or an officer authorised to do so under any law for the time being in force.

The same duty as a conveyance (No. 25) for the amount of purchase money only.

20. Certificate or other document, evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.

One rupee for every one thousand rupees or a part thereof, of the value of the-shares, scrip or stock.

21. Charter-Party, that is to say, any instrument (except an agreement for the hire of tug steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.

One hundred rupees.

22. Clearance List-

(a) If relating to the transactions for the purchase or sale of Government securities submitted to the clearing house of a stock exchange.

One rupee for every rupees 10,000 or part thereof in respect of each of the entries in such list on the value of securities calculated at the making up price or the contract price, as the case may be, subject to a maximum of rupees five thousand.

(b) If relating to the transactions for the purchase or sale of share, scrip, stock, bond, debenture, debenture-stock or other marketable security of a like nature in or of an incorporated company or other body corporate, submitted to the clearing house of a stock exchange.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

23. Composition deed, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of inspectors nominated by the creditors or under letters of licence for the benefit of his creditors.

Two thousand five hundred rupees.

24. Consent deed without any consideration, forming part of a document already registered or to be registered.

One thousand rupees.

25. Conveyance-not being a transfer charged or exempted under No. 6.

Five percent of the market value of the property which is the subject matter of conveyance or the amount of consideration set forth therein, whichever is higher.

Explanation-For the purpose of this article market value of any properly which is subject matter of conveyance executed by or on behalf of the Central Government or the State Government, shall be the value shown in the instrument.

Provided that-

(a) where an instrument relates to the merger or amalgamation of companies under the orders of Tribunal/Court under section 232 and 234 of the Companies Act, 2013 (18 of 2013), or under the order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (10 of 1949) the duty chargeable shall be an amount equal to 5% of the market value of the immovable property transferred which is located within the State of Madhya Pradesh, or an amount equal to 0.5% of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid for such transfer, whichever is higher.

(b) when an instrument relates to an assignment of a debt, the rate of duty shall be 0.25 percent on the amount of the debt assigned.

(c) where an agreement to sell an immovable property is stamped with ad-valorem duty required for a conveyance and a sale deed in pursuance of such agreement is subsequently executed, the duty on such sale deed shall be the duty payable under the article less the duty already paid, subject to a minimum of Rs. 1000.

(d) where a power of attorney authorising the agent to sell immovable property is stamped with ad-valorem duty required for a conveyance and a sale deed is executed in pursuance of power of attorney between the executant of attorney and the person in whose favour it is executed, the duty on the sale deed shall be the duty payable under the article less the duty already paid, subject to a minimum of Rs. 1000.

(e) where a mortgage deed or an agreement to mortgage is stamped with ad-valorem duty required for a mortgage under article 43 and a court decree in pursuance of a suit filed against the mortgaged property, or a mortgage deed is executed, the duty payable on the decree or the mortgage deed shall be the duty payable under the article less the duty already paid under article 43 on the mortgage deed, subject to a minimum of Rs. 1000.

(f) where by an instrument, a person includes the name of his wife or daughter or daughter-in-law severally or jointly as co-owner in his property, the rate of duty shall be 1 percent on the market value of the property.

26. Copy or Extract, certified to be a true copy or extract by or order of an public officer under section 70 of the indian Evidence Act, 1872 (No. 1 of 1872) and not chargeable under the law for the time being in force relating to court fees

One hundred rupees.

27. Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has beer, paid.

One thousand rupees.

28. Customs Bond or Excise bond, that is to say, any bond given pursuant to the provisions of any law for the time being in force or to the directions of any officer of Custom or Excise for, or in respect of, any of the duties of Customs and Excise or for preventing frauds or evasions thereof or for any other matter or thing relating thereto.

The same duty as a Bond (No. 14) for the same amount.

29. Declaration, under the Madhya Pradesh Prakoshtha Swamitva Adhiniyam, 2000 (No. 15 of 2001).

Ten thousand rupees.

30. Delivery order in respect of goods, that is to say, any instrument entitling any person therein named or his assigns or the holder thereof, to the delivery of any goods lying in any dock or pert or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being executed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein when such goods exceed in value hundred rupees.

Ten rupees.

31. Divorce, instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

One thousand rupees.

32. Document amending or correcting previously registered deed, but not making any material alterations.

One thousand rupees.

Explanation-For the purpose of this article a material alteration is one which varies the rights, liabilities or legal position of the parties as ascertained from the instrument in its original state or otherwise varies the legal effect of the instrument as originally executed.

33 Entry of certificate of marriage, in the register under the Special Marriage Act, 1954 (No. 43 of 1954) or any other law for the time being in force.

One hundred rupees.

34. Exchange of Property-Instrument of

The same duty as a conveyance (No. 25) on the market value of the property of greater value, which is the subject matter of Exchange.

35. Further charge-Instrument of, tint is to say, any instrument imposing a further charge on mortgaged property-

(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 43 (that is with possession).

The same duty as a conveyance (No. 25) for the amount of further charge secured by such instrument.

(b) when such mortgage is one of the description referred to in clause (b) of Article No. 43 (that is, without possession)-

(i) If at the time of the execution of the instrument of further charge, the possession of the property is given or agreed to be given under such instrument.

The same duty as a conveyance (No. 25) for the total amount of charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

(ii) If possession is not so given.

36. Gift-Instrument of, not being a settlement (No. 57) or will or transfer (No. 61):-

The same duty as a Bond (No. 14) for the amount of the further charge secured by such instrument.

(i) when made to member of a family.

Half of the duty as a conveyance (No. 25) on the market value of the property, which is subject matter of the gift.

(ii) in all other cases.

Explanation-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and gradson,

The same duty as a conveyance (No. 25) on the market value of the property, which is subject matter of the gift.

37. Indemnity Bond.

38. Lease, including an under-lease, or sub-lease and any agreement to let or sub-let or any renewal of lease-

The same duty as a Bond (No. 14) for the same amount.

(i) where the lease purports to be for a term less than one year.

0.01 percent of the whole amount payable or deliverable under such lease, or of the market value of the property, whichever is higher.

(ii) where the lease purports to be for a term of not less than one year but less than five years.

0.1 percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(iii) where the lease purports to be for a term of not less than five years but less than ten years.

One percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(iv) where the lease purports to be for a term of not less than ten years but less than twenty years.

Two percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(v) where the lease purports to be for a term of not less than twenty years but less than thirty years.

Four percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

(vi) where the lease purports to be for a period of thirty years or more, or in perpetuity, or does not purport to be for a definite period.

Explanation-I-When an instrument of agreement to lease is stamped with the ad-valorem duty required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease deed shall be the duty payable under the article less the duty already paid, subject to a minimum of one thousand rupees.

Five percent of the amount of premium or money advanced or to be advanced as set forth in the deed plus the average annual rent reserved, or of the market value of the property, whichever is higher.

Explanation-II-Where a decree or final order of any Civil Court in respect of a lease is stamped with ad-valorem duty required for a lease, and a lease in pursuance of such decree or final order is subsequently executed, the duty on such lease deed shall be the duty payable under the article less the duty already paid, subject to a minimum of one thousand rupees.

Explanation-III-Any consideration in the form of premium, or money advanced or to be advanced by whatever name called shall, for the purpose of this article, be treated as consideration passed on.

Explanation-IV-The renewal period, if specifically mentioned in the lease deed, shall be treated as part of the present lease period.

Explanation-V-When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord's share of cesses or the owner's share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. Also, rent paid in advance shall be deemed to be money advanced, unless it is specifically provided in the lease that rent paid in advance shall be set off towards the installments of rent.

Explanation-VI-For the purpose of this article royally shall be treated as rent.

Explanation-VII-For the purpose of this article market value, premium and rent of any property, which is subject matter of lease executed by or on behalf of the Central Government or the State Government or any undertaking of the State Government shall be as shown in the instrument.

39. Letter of allotment of Shares, in any company or proposed company or in respect of any loan to be raised by any company or proposed company.

Ten rupees.

40. Letter of Guarantee.

One thousand rupees.

41. Letter of licence, that is to say, any agreement between a debtor and his creditors that the latter shall for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.

Two thousand rupees.

42. Memorandum of a company-

(a) If accompanied by articles under section 5 of the Companies Act, 2013 (No. 18 of 2013)

(b) If not so accompanied.

Two thousand five hundred rupees.

The same duty as is chargeable on Articles under Article II, according to the share capital of the company.

43. Mortgage deed, not being an agreement relating to the deposit of title deeds, Pawn, Pledge or Hypothecation (No. 7), Bottomry bond (No. 15), Mortgage of a crop (No. 44), Respondentia Bond (No. 55), or a Security bond (No. 56)-

(a) When possession of the property or any part of the property comprised in such deed is given by mortgagor or agreed to be given.

(b) When possession is not given or agreed to be given as aforesaid.

The same duty as a conveyance (No. 25) for the amount secured by such deed.

The same duty as a Bond (No. 14) for the amount secured by such deed.

Explanation-I A mortgagor who gives to the mortgagee a power of attorney to collect rents of a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.

Explanation-II For mortgage, for creating development of or construction on land under the Madhya Pradesh Nagar Palika (Registration of Colonizer, Terms and Conditions) Rules, 1998 and the Madhya Pradesh Gram Panchayat (Registration of Colonizer, Terms and Conditions) Rules, 1999, the development expenses approved by the competent officer and set forth in the document, shall be the amount secured.

(c) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose, where the principal or primary security is duly stamped.

Five hundred rupees.

44. Mortgage of a Crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is not in existence at the time of the mortgage.

Ten rupees.

45. Notarial Act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No. 51) executed by a Notary public in the execution of the duties of his office, or by any other person lawfully acting as a Notary public.

Fifty rupees.

46. Note or Memorandum, sent by a broker or agent to his principal intimating the purchase or sale on account of such principal-

(a) of any goods exceeding in value one hundred rupees.

Two rupees for every rupees one lakh or part thereof, subject to a maximum of fifty rupees.

(b) of any share, scrip, stock, bond, debenture, debenture stock or other marketable security of a like nature exceeding in value one hundred rupees, not being a Government Security.

Rupees two for every one lakh or part thereof, of the value of the security at the time of its purchase or sale, as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees 10,000 or part thereof in case of delivery-based transactions.

(c) of a Government Security.

Explanation-

For the purpose of clause(a) of this article, the record of transaction (electronic or otherwise) relating to future and option trading and forward contracts of goods described in clause (a) effected by the firm for itself or by proprietor for himself, who is a trading member through stock exchange or an association as defined in clause (a) of section 2 of the Forward Contract (Regulation) Act, 1952 (No. 74 of 1952) shall be deemed to be a Note or Memorandum.

One rupee for every rupees ten thousand or part thereof, of the value of the security, at the time of its purchase or sale, as the case may be, subject to maximum of five thousand rupees.

47. Note of Protest, by the master of a ship.

Fifty rupees.

48. Partition-Instrument of-

(i) when made within the family members.

(ii) in any other case,

Half of the duty as a conveyance (No. 25) on the market value of the separated share or shares of the property.

The same duty as a conveyance (No. 25) on the market value of the separated share or shares of the property.

Note-The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other share, then one of such equal shares) shall be deemed to be that from which the other shares are separated,

Explanation-I-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

Explanation-II-When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than one thousand rupees.

Explanation-III-Where the instrument relates to the partition of agricultural land exclusively (not situated within urban or planning area, or any other area as may be specified), the market value for the purpose of duty shall be calculated at hundred times the annual land revenue.

Explanation-IV-Where a final order for effecting a partition passed by any Revenue-authority or Civil Court or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not be less than one thousand rupees.

49. Partnership-

A. Instrument of-

(a) where there is no share of contribution in partnership or where such share of contribution does not exceed Rs. 50,000.

(b) where such share of contribution is in excess of Rs. 50,000.

(c) where such share of contribution is brought by way of immovable property.

Two thousand rupees.

Two percent of the shares contributed, subject to a minimum of rupees two thousand and a maximum of rupees ten thousand.

Two percent on the market value of such property.

Explanation-Where such share of contribution is brought by way of cash and immovable property, clauses (b) and (c) both shall apply.

B. Dissolution of partnership or retirement of a partner.

(a) Where on dissolution of partnership or on retirement of a partner, any immovable property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership.

(b) In any other case.

The same duty as a conveyance (No. 25) on the market value of such property.

One thousand rupees.

50. Power of attorney as defined by section 2(21), not being a proxy-

(a) when authorising one person or more to act in single transaction, excluding power of attorney coming under clause (c) or (d).

(b) when authorising one person to act in more than one transaction or generally, or not more than ten persons to act jointly or severally in more than one transaction or generally, excluding power of attorney coming under clause (c) or (d).

One thousand rupees.

Two thousand rupees.

(c) when given for consideration and authorising the agent to sell, exchange or permanently alienate any immovable property situated in Madhya Pradesh.

The same duty as a conveyance (No. 25) on the market value of the property.

(d) when given without consideration, and authorizing the agent to sell, gift, exchange or permanently alienate any immovable property situated in Madhya Pradesh-

(i) when the agent is a member of the family.

One thousand rupees.

(ii) when the agent is not a member of the family.

The same duty as a conveyance (No. 25) on the market value of the property.

(e) when authorizing a person for the sole purpose of purchasing shares, scrips, bonds, debentures, debenture-stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate, in the name of the principal.

One hundred rupees.

(f) in any other case.

One thousand rupees for each person authorised.

Explanation-I-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

Explanation-II-For the purpose of this article, more persons than one when belonging to the same firm shall be deemed to be one person.

51. Protest of Bill or Note, that is to say, any declaration in writing made by a Notary public, or other person lawfully acting as such, attesting the dishonour of a Bill of Exchange or Promissory Note.

Fifty rupees.

52. Protest by the Master of a Ship, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the charterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such:.

Fifty rupees.

53. Re-conveyance of Mortgaged Property, including mortgage by deposit of title deeds.

One thousand rupees.

54. Release, that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person, or against any specified property-

(i) when in favour of any member of a family.

(ii) in any other case.

Half of the duty as a conveyance (No. 25) on the consideration or market value of the share of the property over which the claim is relinquished, whichever is higher.

The same duty as a conveyance (No. 25) on the consideration or market value of the share of the property over which the claim is relinquished, whichever is higher.

Explanation-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson,

55. Respondentia Bond, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.

The same duty as a Bond (No. 14) for the amount of the loan secured.

56. Security bond not being a Mortgage deed, where such security bond is executed by way of security for the due execution of an office, or executed by a surety to secure the due performance of a contract, or in pursuance of an order of the Court or public officer, not being otherwise provided for by the Court-fees Act, 1870 (No. 7 of 1870).

The same duty as a bond (No. 14) for the same amount.

57. Settlement-

(a) Instrument of (including a deed of dower)-

(i) in case of family members.

(ii) in any other case.

Half of the duty as a conveyance (No. 25) on the market value of the property settled.

The same duty as a conveyance (No. 25) on the market value of the property settled.

Explanation-I-Where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not be less than one thousand rupees.

Explanation-II-For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, sister, granddaughter and grandson.

(b) Revocation of.

One thousand rupees.

58. Share warrants, to bearer issued under the Companies Act, 2013 (No. 18 of 2013).

One and a half times duty payable on a conveyance (No. 25) for a market value equal to the nominal amount of the shares specified in the warrant.

59. Shipping order, for or relating to the conveyance of goods on board of any vessel.

Fifty rupees.

60. Surrender of lease without any consideration and when the subject matter property is in the same condition, as it was stated in the principal lease deed.

One thousand rupees.

61. Transfer--

(a) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8.

(b) of any interest secured by a bond, mortgage deed or policy of insurance.

Fifty paise for every hundred rupees or part thereof, of the consideration amount of debentures.

The same duty as a Bond (No. 14) for such amount or value of the interest.

(c) of any property under section 22 of the Administrator's General Act, 1963 (No. 45 of 1963).

One thousand rupees.

62. Transfer of least, by way of assignment and not by way of under lease.

The same duty as a conveyance (No. 25) on the market value of the property, which is the subject matter of the transfer

63. Trust-

A. Declaration of-of or concerning any property when made by any writing, not being a will-

(a) where there is disposition of property.

Three fourth of the duty as a conveyance (No. 25) on the market value of the property settled.

(b) in any other case.

One thousand rupees.

B. Revocation of-of or concerning any property when made by any instrument, other than a will.

One thousand rupees.

64. Warrant for Goods, that is to say, any instrument evidencing the title of any person therein named, or his assigns or the holder thereof to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.

Ten rupees.".