Section 1 - Short title extent and commencement Provided that it shall not apply to 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States] (excluding the State of Jammu and Kashmir) except to the extent to which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution.] It shall come into force on the first day of July, 1899. STATE AMENDMENTS Andhra Pradesh 4[In the proviso to sub-section (2) of section 1 of the principal Act, for the expression "(excluding the State of Jammu and Kashmir)", the expression "[excluding the State of Jammu and Kashmir and the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)]" shall be substituted.] Assam 5[In sub-section (3) Section 1 of the Assam Stamp (Amendment) Act, 1950, a full stop shall be inserted after the figures "1950" and the words "and shall remain in force for a period of five years" shall be deleted.] In this Act, unless there is something repugnant in the subject or context, - 6["allotment list" means a list containing details of allotment of the securities intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories, Act, 1996 (22 of 1996); (1A) "banker" includes a bank and any person acting as a banker;] "Bill of exchange" means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any other person of, or to draw upon any other person for, any sum of money; "Bill of exchange payable on demand" includes- an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; an order for the payment of any sum of money weekly, monthly, or at any other stated period; and a letter of credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn; "Bill of lading" includes a "through bill lading", but does not include a mate's receipt; "Bond" includes 7[but does not include a debenture]- any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another; "Chargeable" means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in 8[India] when such instrument was executed or, where several persons executed the instrument at different times, first executed; "Cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand; 9[(7A) "clearance list" means a list of transactions of sale and purchase relating to contracts traded on the stock exchanges submitted to a clearing corporation in accordance with the law for the time being in force in this behalf; (7B) "clearing corporation" means an entity established to undertake the activity of clearing and settlement of transactions in securities or other instruments and includes a clearing house of a recognised stock exchange;] 10[***] "Collector"- means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay respectively, and, without those limits, the Collector of a district; and includes a Deputy Commissioner and any officer whom 11[the 12[State Government]] may, by notification in the Official Gazette, appoint in this behalf; 13["Conveyance" includes a conveyance on sale, every instrument and every decree or final order of any Civil Court, by which property, whether moveable or immovable, or any estate or interest in any property is transferred to, or vested in or declared to be of any other person, inter vivos, and which is not otherwise specifically provided for by Schedule I or Schedule 1-A, as the case may be. 14[(10A) "debenture" includes-- debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not; bonds in the nature of debenture issued by any incorporated company or body corporate; certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of India may specify from time to time; securitised debt instruments; and any other debt instruments specified by the Securities and Exchange Board of India from time to time; (10B) "depository" includes-- a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); and any other entity declared by the Central Government, by notification in the Official Gazette, to be a depository for the purposes of this Act;] "Duly stamped", as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in 15[India]; "Executed" and "execution" used with reference to instruments mean "signed" and "signature" 16[and includes attribution of electronic record within the meaning of section 11 of the Information Technology Act, 2000 (21 of 2000)]; 17[***] "Impressed stamp" includes- labels affixed and impressed by the proper officer; and stamps embossed or engraved on stamped paper 18[(13A) "India" means the territory of India excluding the State of Jammu and Kashmir ;] 19["instrument" includes-- every document, by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; a document, electronic or otherwise, created for a transaction in a stock exchange or depository by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; and any other document mentioned in Schedule I, but does not include such instruments as may be specified by the Government, by notification in the Official Gazette;] "Instrument of partition" means any instrument where by co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition 20[and a memorandum regarding past partition;] 21[(15A) "issuer" means any person making an issue of securities;] "Lease" means a lease of immovable property and includes also- a patta; a kabuliyat or other undertaking in writing, not being a counter-part of a lease, to cultivate, occupy or pay or deliver rent for, immovable property; any instrument by which tolls of any description are let; any writing on an application for a lease intended to signify that the application is granted: 22[(16A) "marketable security" means a security capable of being traded in any stock exchange in India; (16B) "market value", in relation to an instrument through which-- any security is traded in a stock exchange, means the price at which it is so traded; any security which is transferred through a depository but not traded in the stock exchange, means the price or the consideration mentioned in such instrument; any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument;] "Mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property; "Paper" includes vellum, parchment or any other material on which an instrument may be written; "Policy of insurance" includes- any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event; a life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance;23[***] 24[***] 25[(19A) "policy of group insurance" means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection ;] "Policy of sea-insurance" or "sea-policy''- means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel; and includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance; Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance; "Power of attorney" includes any instrument (not charge able with a fee under the law relating to court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it; "Promissory note" means a promissory note as defined by the Negotiable Instruments Act, 1881; It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; "Receipt" includes any note, memorandum or writing- whereby any money or any bill of exchange cheque or promissory note is acknowledged to have been received, or whereby any other moveable property is acknowledged to have been received in satisfaction of a debt, or where by any debt or demand, or any part of debt or demand, is acknowledged to have been satisfied or discharged, or which signifies or imports any such acknowledgement, and whether the same is or is not signed with the name of any person; 26[***] 27[(23A) "securities" includes-- securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); a "derivative" as defined in clause (a) of section 45U of the Reserve Bank of India Act, 1934 (2 of 1934); a certificate of deposit, commercial usance bill, commercial paper, repo on corporate bonds and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of India may specify from time to time; and any other instrument declared by the Central Government, by notification in the Official Gazette, to be securities for the purposes of this Act;] "Settlement" means any non-testamentary disposition, in writing, of moveable or immovable property made- in consideration of marriage, for the purpose of distributing property of the settler among his family or those for whom he desire to provide, or for the purpose of providing for some person dependent on him, or for any religious or charitable purpose; and includes an agreement in writing to make such a disposition 28[and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of declaration of trust or otherwise, the terms of any such disposition]; 29[***] 30["Soldier" includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act, 1911] 31[32[***]] 33["Stamp" means any mark, seal or endorsement by any agency or person duly authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of duty chargeable under this Act; 34["stock exchange" includes-- a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); and such other platform for trading or reporting a deal in securities, as may be specified by the Central Government, by notification in the Official Gazette, for the purposes of this Act.] STATE AMENDMENTS ASSAM 35[In Section 2 after clause (7), the following shall be inserted, namely-- "(8) 'Chief Controlling Revenue authority' means the Superintendent of Stamps, Assam".] DELHI 36[In Section 2 clause (1) shall be re-numbered as clause (1A) and before the clause (1A) as so re-numbered, the following clause shall be inserted, namely:- "(1) "association" means any association of persons, exchange brokers, or any other organization or body of persons, whether incorporated or not, and regulating or controlling or conducting business of the sale or purchase of, or other transaction relating to, any goods or marketable securities;"; in clause (12), the following Explanation shall be added at the end, namely:- "Explanation.-The terms "signed" and "signature" also included attribution of electronic record as per section 11 of the Information Technology Act, 2000 (21 of 2000);"; in clause (14), the following Explanation shall be added at the end, namely:- "Explanation.-The terms "document" also includes any electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);"; and after clause (26), the following clause shall be inserted, namely:- "(27) "stock exchange" means any body of individuals, whether incorporated or not, constituted for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities.".] HIMACHAL PRADESH 37[In section 2 The colon shall be substituted a comma, followed by the words "or by Schedule I-A as the case may be".] GOA 38[In Section 2 clause (1) shall be renumbered as clause (1A) and before clause (1A) so renumbered, the following clause shall be inserted, namely:-- "(1) "Association" means any association, exchange, organization or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling business of the sale or purchase of, or other transaction relating to, any goods or marketable securities;"; for clause (10), the following clause shall be substituted, namely:-- "(10) "Conveyance" includes,-- a conveyance on sale; every instrument; every decree or final order of any Civil Court; every order made by the High Court under section 394 of the Companies Act, 1956 (Central Act 1 of 1956) in respect of amalgamation or reconstruction of companies; and every order made by the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (Central Act 10 of 1949) in respect of amalgamation or reconstruction of Banking Companies, by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by Schedule I or by Schedule I-A, as the case may be. Explanation:--An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an instrument by which property is transferred inter vivos;"; after clause (16A), the following clause shall be inserted, namely:-- "(16B) "market value", in relation to any property which is the subject matter of an instrument, means the price which such property would have fetched if sold in open market on the date of execution of such instrument, or the consideration stated in the instrument, whichever is higher;".] 39[In Section 2 40[after clause (7), the following shall be inserted, namely:-- "(7A) "Chief Controlling Revenue Authority" means such Officer as the Government may, by notification in the Official Gazette, appoint in this behalf for the State."; in clause (10), after the words and figure "by Schedule I", the words, figure and letter "or by Schedule I-A, as the case may be" shall be added at the end; in clause (13), after sub-clause (b), the following sub-clauses shall be inserted, namely:-- impression by franking machine; impression by any such machine as the Government may, by notification in the Official Gazette, specify.". after clause (25), the following clause shall be inserted, namely:-- "(26) "Union territory" means the Union territory of Goa, Daman and Diu.".] MADHYA PRADESH 41[In Section 2 The following clause shall be substituted, namely:-- "(15) 'instrument of partition' means any instrument whereby co-owners of any property devide or agree to devide such property in serveralty, and also includes-- a final order for effecting a partition passed by any revenue authority or any civil court: an award by an arbitrator directing a partition; and when any partition is effected without executing any such instrument, any instrument or instruments, signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners;.] UTTARAKHAND 42[In Section 2 For clause (14), the following clause shall be substituted; namely:- (14) "Instrument" Instrument includes every document and record created or maintained in or by an electronic storage and retrieval device or media by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; After clause (14), the following clause shall be inserted, namely:- (14-A) "Instrument of Gift" Instrument of gift includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift; After clause (22), the following clause shall be inserted namely:- (22-A) "Public Officer" Public Officer means a Public Officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908 and includes every officer working in connection with the affairs of any of the following of the organizations, namely:- Any statutory body or authority Constituted under any Uttrakhand State Act; A "Financing Bank" or "Central Bank" as defined in clause (L) of section 2 of the Uttarakhand Cooperative Societies Act, 2003.] PUNJAB 43[In Section 2 In its application to the State of Punjab, in section 2, after clause (9), the following clause shall be inserted, namely:-- "(9-A) "Commissioner" means the Commissioner of a Division appointed as such by the State Government;".] 44[In Section 2 In clause (10), for the word, figure, letter and sign "Schedule 1-A,", the words, figures, letters and sign "Schedule 1-A or by Schedule 1-B," shall be substituted.] 45[In the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act), in its application to the State of Punjab, in section 2, in clause (10), the words, figure and letter "Schedule 1-B or by" shall be omitted.] 46[(26) Stamp.- "Stamp" means any mark, seal or endorsement by any agency or person duly authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of duty chargeable under this Act.] In section 2- In clause (10), "Conveyance" includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I or by Schedule I-A 47[or by Schedule I-B or Schedule 1-C], as the case may be; UTTAR PRADESH 48[In Section 2 For clause (15), the following clause shall be substituted, namely:-- "(15) 'instrument of partition' means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and also includes-- a final order for effecting a partition passed by any revenue authority or any civil court; an award by an arbitrator directing a partition; and when any partition is effected without executing any such instrument, any instrument or instruments signed by the co-owners and recording, whether by Way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners;"] 49[In Section 2 After clause (26-A), the following clause shall be inserted, namely: -- "27. 'quarter' means a quarter of the financial year."] 50[In Section 2 In clause (16), after sub-clause (d), the following clause shall be inserted, namely:-- "(e) any instrument by which mining lease is granted in respect of minor minerals as defined in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957."] TAMIL NADU 51[In Section 2 Clause (10), of the Indian Stamp Act, 1899 (Central Act II of 1899), as amended by the Madras Stamp (Amendment) Act, 1922 (Madras Act VI of 1922), and the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) (hereinafter referred to as the principal Act), the words, figure and letter "or by Schedule I-A as the case may be" shall be omitted.] 52[In section 2 of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act),-- after clause (6), the following clause shall be inserted, namely:-- "(6-A) "Chennai Metropolitan Planning Area'' means the area as defined in clause (23-A) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);" after clause (25), the following clause shall be added, namely:-- "(26) 'Urban agglomeration' means the area as defined in clause (n) of section 3 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978)."] WEST BENGAL In Section 2 53[in clause (10),- for the words "and every instrument", the words and figures ", every instrument and every decree or final order of any Civil Court or every order made by the High Court under section 394 of the Companies Act, 1956, in respect of amalgamation, merger, reconstruction, or demerger of companies, other than amalgamation, merger, reconstruction or demerger, of two banking companies or a banking company with a non-banking financial company" shall be substituted; and for the words "is transferred", the words "or any estate or interest in any property is transferred to, or vested in any other person," shall be substituted;] 54[to clause (10), the following proviso shall be added:- "Provided that on and after the constitution of the National Company Law Tribunal, the expression 'High Court' shall be read as;"; 'Tribunal'] 55[in clause (11), for the words "for the time being in force in India:", the words, figures and brackets "for the time being in force in India, and includes an instrument which bears impression of stamps under subsection (3) of section 10;" shall be substituted;] 56[after clause (17), the following clause shall be inserted:- '(17A) "notification" means a notification published in the Official Gazette;'.] ANDHRA PRADESH 57[In the Indian Stamp Act, 1899 ( Central Act II of 1899) (hereinafter referred to as the principal Act) as in the force in the State of Andhra Pradesh in section 2 in clause (15), the following words shall be added at the end, namely :— "and a memorandum regarding past partition."] 58[In the Indian Stamp Act, 1899 ( Central Act 2 of 1989) (hereinafter referred to as the principal Act), as in force in the State of Andhra Pradesh, in section 2, in sub-section (13), after clause (b), the following clause shall be added, namely:- "(c) impression by franking machine or any other such machine as the State Government or the Central Government, as the case may be, by notification in the Official Gazette, specify."] 59[In the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), as in force in the State of Andhra. Pradesh., in section 2, in clause (10), after the words "or final order of any Civil Court,", the words "every order made by the High Court under section 394 of the Companies Act, 1956 (Central Act I of 1956) in respect of amalgamation or merger of companies,", shall be inserted.] 60[In the Indian Stamp Act, 1899 as in force in the State of Andhra Pradesh :-- in clause (24) of section 2, after the words "movable or immovable property", the words "whether by way of declaration of trust or otherwise" shall be inserted;] 61[In section 2 of the Indian Stamp (Andhra Pradesh Amendment) Act, 1971, for the expression "the Indian Stamp Act, 1899", the expression "the Indian Stamp Act, 1899 as amended by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 " shall be substituted.] ASSAM 62[In Section 2 of the principal Act, after clause (7), the following shall be inserted, namely-- "(8) 'Chief Controlling Revenue authority' means the Superintendent of Stamps, Assam".] 63[In the principal Act, in Schedule-I, For item No. 23, the following shall be substituted, namely- ODISHA In Section 2, in Cl. (10) after the words "by Schedule I" the words "or by Schedule 1-A, as the case may be" shall be inserted. GOA, DAMAN AND DIU 64[In the Indian Stamp Act, 1899 (2 of 1899), as in force in the Union territory of Goa, Daman and Diu (hereinafter referred to as the principal Act), in section 2,-- 65[after clause (7), the following shall be inserted, namely:-- "(7A) "Chief Controlling Revenue Authority" means such Officer as the Government may, by notification in the Official Gazette, appoint in this behalf for the State."; in clause (10), after the words and figure "by Schedule I", the words, figure and letter "or by Schedule I-A, as the case may be" shall be added at the end; in clause (13), after sub-clause (b), the following sub-clauses shall be inserted, namely:-- "(c) impression by franking machine; (d) impression by any such machine as the Government may, by notification in the Official Gazette, specify.". (b) after clause (25), the following clause shall be inserted, namely:-- "(26) "Union territory" means the Union territory of Goa, Daman and Diu.".] Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefore, respectively, that is to say- every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in 66[India] on or after the first day of July, 1899; every bill of exchange 67[payable otherwise than on demand] 68[***] or promissory note drawn or made out of 69[India] on or after that day and accepted or paid, or resented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in 70[India]; and every instrument (other than a bill of exchange 71[***] or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed out of 72[India] on or after that day, relates to any property situate, or to any matter or thing done or to be done, in 73[India] and is received in 74[India]. Provided also that no duty shall be chargeable in respect of- any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; any instrument for the sale, transfer or other disposition, either absolutely or byway of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act 1894, or under Act 19 of 1838, or the Indian Registration of Ships Act, 1841 (57 and 58 Vict., c. 60. 10 of 1841), as amended by subsequent Acts. 75[any instrument executed ,by, or , on behalf of, or, in favour of, the Developer , or Unit or in connection with the carrying out of purposes of the Special Economic Zone, Explanation- For the purposes of this clause, the expressions "Developer", "Special Economic Zone" and "Unit" shall have meanings respectively assigned to them in clause (g), (za) and (zc) of Section 2 of the Special Economic Zones Act, 2005 (28 of 2005).] ASSAM 78[In Section 3 after clause (c) the following shall be inserted, namely-- "Provided that, except as, otherwise expressly provided in this Act, and notwithstanding anything contained in clause (a), (b) or (c) of this Section the amount indicated in Schedule I to this Act shall, subject to the exemptions contained in that schedule, be the duty chargeable under this Act on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefor respectively- (aa) every instrument, mentioned in Schedule I as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in Assam on or after the first day of April 1950; and (bb) every instrument mentioned in Schedule I as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed out of Assam on or after the first day of April 1950, and relates to any property situated, or to any matter or thing done or to be done in Assam, and is received in Assam." after the word "provided" the word "also" shall be inserted.] 79[After Section 3 The following shall be inserted as Section 3-A, namely. There shall be charged, levied and paid to the Government of Assam, Besides dues payable under any law for the time being in force including Section 3 of this Act, a surcharge, hereinafter referred o as Stamp Surcharge on the instrument mentioned in the following items of Schedule I to the principal Act, namely,-- Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50-51, 54-61 and 63-65 : Provided that the surcharge shall not be payable in respect of instrument exempted by Section 3. The rate of Stamp Surcharge shall be Twenty-five paise per instrument. The Stamp Surcharge shall be payable as if it were a duty under Section 3 and the provisions of this Act including the Rules thereunder shall accordingly apply; and the authorities for the time being empowered to collect and enforce payment of Stamp duty shall, unless otherwise provided for by or under this Act, within their respective jurisdiction for purposes of stamp duty accordingly collect and enforce payment of stamp duty : Provided that the Government of Assam may, for facilitating implementation, by notification in the official Gazette, direct that in any case or class of cases the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this Section and as may be specified in such notification. Notwithstanding anything contained in sub-section (3), the Government of Assam may make Rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions of sub-sections (1) and (2) in particular for ensuring the proper maintenance and rendering of accounts of the Stamp Surcharge."] BIHAR 80[After Section 3 The following section shall be inserted, namely:- "3A. The amount of Stamp duties chargeable under the Act on all instruments, except Bills of Exchanges, cheques, Promissory Notes, Bills of Lading, Letter of Credit, Policies of Insurance, Proxies and Receipts shall be increased in each case by an additional surcharge at the rate of ten percentum of the amount of the Stamp duties."] HARYANA 81[After Section 3-A The following new section shall be inserted, namely:-- "3B. Additional duty.-- Every instrument chargeable with duty under section 3 read with Article Nos. 1 to 12, 15 to 26, 28 to 36, 38 to 46, 48, 50, 51, 54 to 61, 62 (except transfer of shares) and 63 to 65 of Schedule I-A shall, in addition to such duty, be chargeable with a duty of ten paise. The additional duty with which any instrument is chargeable under sub-section (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription 'refugee relief' whether with or without any other design, picture or inscription. Except as otherwise provided in sub-section (2), the provisions of this Act shall so far as may be, apply in relation to the additional duty chargeable under sub-section (1) in respect of the instruments referred to therein as they apply in relation to the duty chargeable under section 3 in respect of those instruments.".] 82[In Section 3B Section 3B of the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act), shall be omitted and shall be deemed to have been omitted with effect from the 1st day of April, 1973.] HIMACHAL PRADESH 83[In section 3 After clause (c), the following proviso shall be inserted, namely:- "Provided that, notwithstanding anything contained in clauses (a), (b) or (c) of this section or in Schedule I, and subject to the exemptions contained in Schedule I-A, the following instruments shall be chargeable with duty of the amount indicated in Schedule I-A, as the proper duty therefore, respectively, that is to say:- (aa) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule which, not having been previously executed by any person is executed in the Himachal Pradesh on or after the date of commencement of this Act; (bb) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed out of Himachal Pradesh, on or after the date of commencement of this Act and relates to any property situated, or to any matter or thing done or to be done in the Himachal Pradesh, and is received in the Himachal Pradesh". Between the word "Provided" and the words "that no duty" the word "also" shall be inserted.] 84[After Schedule I-A The following section shall be inserted, namely:-- "3-B. Levy of additional duty.-- Every instrument chargeable with duty under section 3 read with all Articles of Schedule I-A as substituted by section 2 of the Indian Stamp (Himachal Pradesh Amendment) Act, 1969 (16 of 1970) shall, in addition to such duty, be chargeable with a duty of ten paise. The additional duty with which any instrument is chargeable under sub-section (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription 'refugee relief' whether with or without any other design, picture or inscription. Except as otherwise provided in sub-section (2), the provisions of this Act shall, so far as may be, apply in relation to the additional duties chargeable under sub-section (1) in respect of the instruments referred to therein as they apply in relation to the duty chargeable under section 3 in respect of those instruments."] GOA 85[After Section 3 The following section shall be inserted, namely: -- "3A". Instrument of grant or renewal of a mining lease chargeable with duty.-- Notwithstanding anything contained in any other provisions of this Act and rules made thereunder, on every instrument of grant or renewal of a mining lease, the stamp duty chargeable shall be equivalent to the fifteen percent of the amount of royalty that would accrue out of the annual extraction of minerals permitted under the Environmental Clearance issued for such mining lease under the relevant law in force, multiplied by the period of the lease. Explanation:-- For the purposes of sub-section (1), the average royalty of the highest grade of minerals from the year of commencement of the Indian Stamp (Goa Amendment) Act, 2012 shall be taken into consideration: Provided that the duty payable under sub-section (1) shall not exceed the amount in Rupees arrived at by applying a rate of ten times annual extraction of mineral permitted under the Environmental Clearance issued for such mining lease under the relevant law in force, multiplied by the period of the lease: Provided further that in case any mining lease is required to surrender the Lease or permanently abstain from undertaking any mineral excavation by or for reasons of any operation of Law, court orders passed or any notification issued generally under any Law for the time being in force and reasons or cause of such prohibition or restriction is not in any manner attributable to such lessee or mining operation undertaken and carried out by the lessee or his agents, servants, employees or persons claiming through or under such lessee, to the extent of such balance period of lease outstanding and unexpired the lessee shall be granted refund of duty paid under sub-section (1) herein-above. The duty chargeable under this section shall be paid in any Government treasury or Government Sub-treasury in such manner as may be prescribed. Where an application for renewal of a mining lease has been already made to the State Government prior to the expiry of the lease but renewal of the lease has not been granted by the State Government or the mining lease whose period is deemed to have been extended as per provisions contained in the relevant law in force by a further period till the State Government passes an order thereon, the stamp duty payable under sub-section (1) shall be paid by the applicant within a period of sixty days from the date of commencement of the Indian Stamp (Goa Amendment) Act, 2012 or within sixty days of issue of notice for executing the lease whichever is later, in the manner stated in sub-section (2) above. If the application for grant or renewal of mining lease is rejected by the State Government then the applicant shall be entitled for refund of full stamp duty paid by him without interest. In case of a mining lease whose period is deemed to have been extended by a further period till the State Government passes an order thereon and the State Government at a later date passes an order rejecting the renewal of the lease, the applicant shall be entitled for refund of such amount of stamp duty as arrived at by deducting from the total amount of stamp duty paid, the stamp duty chargeable in respect of such mining lease till the date of such rejection order: Provided that no such refund shall be made if the order rejecting the application is challenged or the time limit for presenting an application for revision of the order of rejection is not expired".] 86[After Section 3 The following provisos shall be inserted, namely:-- "Provided further that in case of a mining lease for bauxite, the duty payable under sub-section (1) shall not exceed the amount in rupees arrived at by applying a rate of 0.1 times annual extraction of mineral permitted under the Environmental clearance issued for such mining lease under the relevant law in force, multiplied by the period of the lease: Provided further that in case of a mining lease for manganese, the duty payable under sub-section (1) shall not exceed the amount in rupees arrived at by applying a rate of hundred times annual extraction of mineral permitted under the Environmental clearance issued for such mining lease under the relevant law in force, multiplied by the period of the lease: Provided further that in case of a mining lease for more than one mineral and having Environmental clearance thereof the duty payable shall be computed by taking into account total stamp duty payable on each of such minerals:".] 87[After Section 3 in the heading, for the expression "grant or renewal", the expression "grant, renewal or transfer" shall be substituted; in sub-section (1),-- for the expression "instrument of grant or renewal of a mining lease", the expression "instrument of grant, renewal or transfer of a mining lease" shall be substituted; in the first proviso, for the words "ten times", the words "fifteen times" shall be substituted; in the second proviso, for the figures and word "0.1 times", the words "one and half times" shall be substituted; in the third proviso, for the words "hundred times", the words "one hundred and fifty times" shall be substituted; in sub-section (4), for the expression "grant or renewal", the expression "grant, renewal or transfer" shall be substituted.] 88[In Section 3 The following provisos shall be substituted, namely:-- "Provided that, except as otherwise expressly provided in this Act, and notwithstanding anything contained in clause (a) or clause (c) or in Schedule I, the amount indicated in Schedule I-A shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, namely:-- every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule which, not having been previously executed by any person, is executed in the Union territory on or after the date of commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968; every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed out of the Union territory on or after the date of commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, and relates to any property situated, or to any matter or thing done or to be done in the Union territory and is received in the said Union territory: Provided further that no duty shall be chargeable in respect of -- any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel, registered under the Inland-Steam-Vessels Act, 1917, the Merchant Shipping Act, 1958, or the Coasting Vessels Act, 1838, as amended by subsequent Acts.".] MADHYA PRADESH 89[In section 3 In the first proviso, the words "subject to the exemptions contained in that Schedule" shall be omitted.] MEGHALAYA 90[After Section 3 The following shall be inserted as section 3A, namely :- 3A. Surcharge on Stamp Duty.-- There shall be charged, levied and paid to the Government of Meghalaya, besides payable under any law for the time being in force including section 3 of this Act, a surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following items of Schedule I to the principal Act, namely:- Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31, 36, 38-46, 48, 50, 51, 54-61 and 63-65. Provided that the surcharge shall not be payable in respect of instruments exempted by section 3. The rate of Stamp Surcharge shall be twenty. Five paise per instrument. The Stamp Surcharge shall by payable as if it were a duty under section 3 and the provisions of this Act including the rules thereunder shall according apply; and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of Stamp Surcharge. Provided that the Government of Meghalaya may, for facilitating implementation, by notification, direct that in any case or class the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this section and as may be specified in such notification. Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and rendering or accounts of the Stamp Surcharge."] 91[After Section 3 The following shall be inserted as section 3A, namely:- 3A. "Surcharge on Stamp Duty.-- There shall be charged, levied and paid to the Government of Meghalaya, besides due payable under any law for the time being in force including section 3 of this Act, a Surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following items of Schedule I to this Act, namely:- Item Nos. 1-10,12,15-20,22-26,28,29,31-36,38-46,48,50,51,54-61 and 63-65; Provided that, the surcharge shall not be payable in respect of instruments, exempted by section 3. The rate of Tamps Surcharge shall be twenty-five paise per instrument. The Stamp Surcharge, shall be payable as if it were a duty under section 3 and the provisions of this Act, including the rules thereunder shall accordingly apply; and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of Stamp Surcharge: Provided that the Government of Meghalaya may, for facilitating implementation, by notification, direct that in any case or class of cases the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of the section and as may be specified in such notification. Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions of sub-sections (1) and (2) and in particular for ensuring the proper maintenance and rendering of accounts or the Stamp Surcharge."] TRIPURA 92[After Section 3 The following shall be substituted, namely:-- 3B. "Instrument chargeable with additional duty:- Every instrument chargeable with duty under section 3, read with Schedule 1, not being an instrument mentioned in articles Nos. 13, 14, 27, 37, 47, 49, 52, 53 or 62(a), shall, in addition to such duly, be chargeable with a duty of ten paise. The additional duty with which any instrument is chargeable under sub-section (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps.".] PUNJAB 93[After Section 3 After section 3-B, the following section shall be inserted, namely:-- "3-C. Instrument chargeable with additional duty Every instrument mentioned in entry 33 of Schedule 1-A chargeable with duty under section 3, shall, in addition to that duty, be also chargeable with such duty, as specified in Schedule 1-B, if such an instrument is executed in the area falling within the jurisdiction of a Municipality or a Corporation or within the area of five kilometres from the outer limit of the Municipality or Corporation, as the case may be, as may be specified by the Collector. This shall be applicable only to Municipal Corporation and Class-1 Municipalities. The additional duty with which any instrument is chargeable under sub-section(1), shall be paid and such payment shall be indicated on such instrument by means of stamp or stamp paper, bearing the inscription "Social Security Fund" whether with of without any other design, picture or inscription. Except as otherwise provided in sub-section (2), the provisions of this Act shall, so far as may be, apply in relation to the additional duty chargeable under sub-section (1), in respect of the instruments referred to therein as they apply in relation to the duty chargeable under section 3 in respect of those instruments. Explanations.--For the purpose of this section,-- The expression "Municipality" and "the Corporation" shall have the same meaning as assigned to them respectively, under the Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976. The expression "Social Security Fund" means a fund constituted under the Punjab Social Security Fund Regulations, 2005 for providing financial assistance to the needy, deserving and weaker sections of the society in the State of Punjab through the Welfare Schemes.] 94[In the principal Act, section 3-C shall be omitted.] 95[any instrument executed, by, or, on behalf of, or, in favour of, the Developer, or Unit or in connection with the carrying out of purposes of the Special Economic Zone. Explanation.-For the purposes of this clause, the expressions "Developer", "Special Economic Zone" and "Unit" shall have meanings respectively assigned to them in clause (g), (za) and (zc) of Section 2 of the Special Economic Zones Act, 2005 (28 of 2005).] 96[3-B. Instruments chargeable with additional duty.-- Every instrument chargeable with duty under Section 3 read with Schedule I-A other than the instruments mentioned in Article Nos. 13, 14, 27, 37, 47, 49, 52, 53 or 62 (a) shall, in addition to such duty, be chargeable with a duty of ten paise. The additional duty with which any instrument is chargeable under Sub-section (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription "Refugee Relief" whether with or without any other design, picture or inscription. Except as otherwise provided in sub-section (2), the provisions of this Act shall, so far as may be, apply in relation to the additional duty chargeable under Sub-section (1) in respect of the instrument referred to therein as they apply in relation to the duty chargeable under section 3 in respect of those instruments.] 97[3-D. Instrument chargeable with additional duty.- Every instrument mentioned in entry 23 of Schedule 1-A chargeable with duty under section 3 and additional duty under section 3-B and 3-C, shall , in addition to such duty and additional duty be also chargeable with such cess, as is specified in schedule 1-C. The cess with which any instrument is chargeable under sub-section (1), shall be paid and such payment shall be indicated on such instrument by means of stamp or stamp paper bearing the inscription "Social Infrastructure Cess", whether with or without any other design, picture or inscription. Except as otherwise provided in sub-section (2), the provisions of this Act shall, so far as may be, apply in relation to the cess chargeable under sub-section (1), in respect of the instruments referred to therein as they apply in relation to the duty chargeable under section 3 in respect of those instrument. Explanation.- For the purpose of this section, the expression "Social Infrastructure Cess" means a cess collected under this Act for providing and improving infrastructure in social sectors including.] TAMIL NADU 98[In Section 3 For the first proviso, the following proviso shall be substituted, namely:-- "Provided that any increase in the amount of duty chargeable under the Madras Stamp (Amendment) Act, 1922 (Madras Act VI of 1922), or the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943), shall not have the effect of increasing the duty payable in respect of instruments specified in clause (a) or clause (c) of this section and executed before the first day of April 1922."] 99[After Section 3 After section 3-A The following section shall be inserted, namely:- "3-AA. Levy of additional surcharge on stump duty.- There shall be levied on the stamp duty chargeable under this Act as modified by the Tamil Nadu Stamp (Increase of Duties) Act, 1962 (Tamil Nadu Act 8 of 1962), in respect of every registered instrument (other than bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts), an additional surcharge at the rate of two and a half per cent of such stamp duty. The provisions of this Act and the rules made thereunder shall, so far as may be, apply in relation to the levy of additional surcharge in respect of any instrument under sub-section (1) as they apply in relation to the levy of stamp duty in respect of such instrument under this Act."] 100[In section 3 of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), after the second proviso, the following proviso shall be inserted, namely:-- "Provided also that any increase in the amount of duty chargeable under the Indian Stamp (Tamil Nadu Amendment) Act, 1973, shall not have the effect of increasing the duty payable in respect of instruments specified in clause (c) or clause (c) of this section and executed before the 1st July 1913:] 101[In section 3 of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), after the fourth proviso, the following proviso shall be inserted, namely:-- "Provided also that any increase in the amount of duty chargeable under the Indian Stamp (Tamil Nadu Second Amendment) Act, 1975 shall not have the effect of increasing the duty payable in respect of instruments specified in clause (a) or clause (c) of this section and executed before the 1st August 1975] WEST BENGAL 102[After Section 3 Section 3AA as inserted by section 6 of the West Bengal Taxation Laws (Amendment) Act, 1973 (West Ben. Act VIII of 1973), shall be omitted.] ANDHRA PRADESH 103[In clauses (aa) and (bb) of the first proviso to section 3 of the principal Act, for the words "State of Andhra", the words "State of Andhra Pradesh" shall be substituted.] ASSAM 104[In Section 3 of the principal Act, (1) after clause (c) the following shall be inserted, namely-- "Provided that, except as, otherwise expressly provided in this Act, and notwithstanding anything contained in clause (a), (b) or (c) of this Section the amount indicated in Schedule I to this Act shall, subject to the exemptions contained in that schedule, be the duty chargeable under this Act on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefor respectively- (aa) every instrument, mentioned in Schedule I as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in Assam on or after the first day of April 1950; and (bb) every instrument mentioned in Schedule I as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed out of Assam on or after the first day of April 1950, and relates to any property situated, or to any matter or thing done or to be done in Assam, and is received in Assam." after the word "provided" the word "also" shall be inserted.] ODISHA In Section 3, in the proviso after the word "Provided", the words "also" shall be inserted and before the proviso, the following proviso shall be inserted, namely: "Provided that, except as otherwise expressly provided in this Act and notwithstanding anything contained in Cl, (a), Cl (b) or Cl. (c) of this section or in Schedule I, the amount, indicated in Schedule. I-A, shall subject to the exemptions contained in that schedule, be the duty chargeable under this Act, on the following instruments, mentioned in Clause (aa) and (bb) of this proviso, as the proper duty therefore respectively,- (aa) every instrument, mentioned in Schedule I-A, as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in the State of Odisha or on or after the date of commencement of the Odisha Stamp (Amendment) Act, 1943; and (bb) every instrument, mentioned in Schedule I-A, as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed out of the Odisha Stamp (Amendment) Act, 1943, and relates to any property, situated, or to any matter or things, done or to be done, in the said State and is received in the said States. 105[After section 3 of the Indian Stamp Act, 1899(2 of 1899), the following section shall be inserted, namely:-- 3. A Duty chargeable on mining lease.- Notwithstanding anything contained in this Act and the rules made thereunder, on every instrument of grant or renewal of a mining lease, the stamp duty chargeable shall be equivalent to fifteen percentum of the amount of average royalty that would accrue out of the highest annual extraction of minerals permitted under the approved mining plan or mining scheme, as the case may be, for such mining lease under the relevant law in force, multiplied by the period of such mining lease. Explanation.—For the purposes of this sub-section, the average royalty of the highest grade of minerals based on the data available for past twelve months beginning from the date of commencement of the Indian Stamp (Odisha Amendment) Act, 2013 shall be taken into consideration: Provided that where an application for renewal of mining lease has been made to the State Government prior to the expiry of the lease, but renewal of lease has not been granted by the State Government or the mining lease is deemed to have been extended by a further period in accordance with the provisions contained in the relevant law in force, till the State Government passes an order, prior to the commencement of the Indian Stamp (Odisha Amendment) Act, 2013, the sum total of the quantity of mineral permitted for extraction, year wise, in the approved mining plan or mining scheme, as the case may be, or the actual quantity raised, whichever is higher, shall be taken into consideration for calculation of The stamp duty: Provided further that in case the production level is enhanced on account of subsequent modification or review of the mining plan, the stamp duty shall be reassessed on the enhanced production level for the remaining lease period and the lessee shall deposit the differential stamp duty before such enhancement is carried out by him: Provided also that in case a lessee is required to surrender the mining lease or, permanently prohibited from undertaking the extraction of mineral by, or for reasons of any operation of law, court orders passed or any order issued under any law for the time being in force, and the reasons of such prohibition are not in any manner attributable to such lessee or his agents, servants, employees or persons claiming through or under such lessee, the lessee shall be entitled for refund of the stamp duty paid by him to the extent of such balance period of lease outstanding: Provided also that where the lessee is prohibited from undertaking the extraction of minerals for a temporary period for the reasons mentioned in the third proviso and subject to the conditions specified therein, the stamp duty chargeable shall be equivalent to the amount of the sum total of the dead rent that would be payable for the mining lease under the relevant law in force, for the period of such prohibition. Where an application for renewal of a mining lease has been made to the State Government prior to the expiry of the lease but renewal of the lease has not been granted by the State Government or the mining lease is deemed to have been extended as per the provisions contained in the relevant law in force, by a further period till the State Government passes an order thereon, the stamp duty payable under sub-section (1) shall be paid by the applicant on or before the date of expiry of the lease' or within sixty days from the date of commencement of the Indian Stamp (Odisha Amendment) Act, 2013, whichever is later, in the manner as may be prescribed. If the application for grant or renewal of mining lease is rejected by the State Government, the applicant shall be entitled for refund of full stamp duty paid by him without any interest. In case of a mining lease whose period is deemed to have been extended by a further period till the State Government passes an order thereon and the State Government, at a later date, passes an order rejecting the renewal of the lease, the applicant shall be entitled for refund of such amount of stamp duty paid under sub-section (1), as arrived at by deducting from the total amount of stamp duty paid, the amount of stamp duty chargeable in respect of such mining lease till the date of such rejection order without any interest. No refund as mentioned in sub-sections (3) and (4) shall be made if the order rejecting the application is challenged or the time limit for presenting the application for revision of the order of rejection is not expired.] GOA, DAMAN AND DIU 106[In section 3 of the principal Act, for the proviso, the following provisos shall be substituted, namely:-- "Provided that, except as otherwise expressly provided in this Act, and notwithstanding anything contained in clause (a) or clause (c) or in Schedule I, the amount indicated in Schedule I-A shall, subject to the exemptions contained in that Schedule, be the duty chargeable on the following instruments, namely:-- every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule which, not having been previously executed by any person, is executed in the Union territory on or after the date of commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968; every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule, which, not having been previously executed by any person, is executed out of the Union territory on or after the date of commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, and relates to any property situated, or to any matter or thing done or to be done in the Union territory and is received in the said Union territory: Provided further that no duty shall be chargeable in respect of -- any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel, registered under the Inland-Steam-Vessels Act, 1917, the Merchant Shipping Act, 1958, or the Coasting Vessels Act, 1838, as amended by subsequent Acts.".] Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one rupee instead of the duty (if any) prescribed for it in that Schedule. The parties may determine for themselves which of the instrument so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument: Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed. 107[Notwithstanding anything contained in sub-sections (1) and (2), in the case of any issue, sale or transfer of securities, the instrument on which stamp-duty is chargeable under section 9A shall be the principal instrument for the purpose of this section and no stamp-duty shall be charged on any other instruments relating to any such transaction.] STATE AMENDMENTS ASSAM 108[In Section 4- for the words "one rupee" the words "two rupees" shall be substituted.] [HIMACHAL PRADESH 109[In section 4- for the word and figure "Schedule I" the word, figure and letter "Schedule I-A" shall be substituted, and for the words "one rupee", the words "two rupees" shall be substituted.] GOA In Section 4- 110[after the words and figure "in Schedule I" the words, figure and letter "or in Schedule I-A, as the case may be" shall be inserted;] 111[for the words "in that Schedule", the words, figures and letters "in Schedule I or in Schedule I-A, as the case may be" shall be substituted.] MADHYA PRADESH 112[In Section 4- The following sub-section shall be substituted, namely:-- "(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I-A for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of four rupees and fifty paise instead of the duty (if any) prescribed for it in that Schedule".] UTTAR PRADESH 113[In Section 4- For the existing sub-section (1), the following sub-section shall be substituted, namely:-- "(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I-B for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of five rupees instead of the duty (if any) prescribed for it in that Schedule."] TAMIL NADU 114[In Section 4- For sub-section (1), the following sub-section shall be substituted, namely:-- "(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, mortgage or settlement and each of the other instruments shall be chargeable with a duty of three rupees instead of the duty, if any, prescribed for it in that Schedule."]]] ANDHRA PRADESH 115[“(2) in sub-section (1) of section 4 and in the proviso to section 6, for the words "four rupees, fifty paise", the words "five rupees" shall be substituted;] 116[In sub-section (1) of section 4 and the proviso to section 6 of the principal Act, for the words "one rupee eight annas" which stand modified to "three rupees" by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words "three rupees" shall be substituted.] ASSAM 117[In sub-section (1) of Section 4 of the principal Act-- for the words "one rupee" the words "two rupees" shall be substituted.] ORISSA 118[In Section 4 of the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act) in Sub-section (1), for the words "one rupee and eight annas", the words "ten rupees" shall be substituted.] 119[In Section 4 in Sub-Section (1),- after the words and figure "Schedule I", the words and figure 'or by Schedule I-A as the case may be' shall be inserted; and for the words 'instead of the duty (if any) prescribed for it in that schedule', the words 'if the principle instrument be chargeable with the duty prescribed in Schedule I or with a duty of one rupee and eight annas if the principle instrument be chargeable with the duty prescribed in Schedule I-A, instead of the duty (if any) prescribed for such other instrument in Schedule I or Schedule I-A as the case may be', shall be substituted.] GOA, DAMAN AND DIU 120[In section 4 of the principal Act, in sub-section (1),-- after the words and figure "in Schedule I" the words, figure and letter "or in Schedule I-A, as the case may be" shall be inserted; for the words "in that Schedule", the words, figures and letters "in Schedule I or in Schedule I-A, as the case may be" shall be substituted.] Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, could be chargeable under this Act. Subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties: Provided that nothing in this Act contained shall render chargeable with duty exceeding one rupee a counter part or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. STATE AMENDMENTS ASSAM 121[In Section 6 In the proviso, for the words "one rupee" the words "two rupees" shall be substituted.] HIMACHAL PRADESH In section 6 122[After the word and figure "Schedule I" the words, figure and letter "or Schedule I-A" shall be inserted.] 123[In the proviso, for the words "one rupee" the words "two rupees" shall be substituted and after the words "has been paid" the following shall be added, namely:- "unless it falls within the provisions of section 6-A".] 124[After section 6 The following new section shall be inserted:- "6-A. Payment of Himachal Pradesh stamp duty on copies, counter-parts or duplicates when that duty has not been paid on the principal or original instrument Notwithstanding anything contained in sections 4 or 6 or in any other law, unless it is proved that the duty chargeable under the Indian Stamp (Himachal Pradesh Amendment) Act, 1952 has been paid:- on the principal or original instrument as the case may be; or in accordance with the provisions of this section the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in Himachal Pradesh, have been chargeable, under the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, with a higher rate of duty with which the principal or original instrument would have been chargeable under section 19-A, Notwithstanding anything contained in section 35 or in any other law, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon: Provided that a court before which any such instrument, counterpart, duplicate or copy is produced, shall permit the duty chargeable under this section, to be paid thereon and shall then receive it in evidence."] GOA In Section 6 125[after the words and figure "in Schedule I", the words, figure and letter "or in Schedule I-A, as the case may be" shall be inserted;] 126[in the proviso, after the words "has been paid", the words, figure and letter "unless such instrument falls within the provisions of section 6-A", shall be added at the end.] 127[After Section 6 The following section shall be inserted, namely:-- "6-A. Payment of higher duty in respect of certain instruments.-- Notwithstanding anything contained in section 4 or section 6 or in any other law for the time being in force, unless it is proved that the duty chargeable under this Act as amended by the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, has been paid-- on the principal or original instrument, as the case may be, or in accordance with the provisions of this section, the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in the Union territory, have been chargeable under this Act as amended by the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, with a higher rate of duty, be the duty with which the principal or original instrument would have been chargeable under section 18-A. Notwithstanding anything contained in section 35 or in any other law for the time being in force, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon: Provided that a court before which any such instrument, counterpart, duplicate or copy is produced shall permit the duty chargeable under this section to be paid thereon, and shall then receive it in evidence."] UTTAR PRADESH 128[After Section 6 After sub-section (1), the following sub-section shall be inserted, namely: -- 'Where any instrument is registered in any part of India other than Uttar Pradesh and instrument relates, wholly or partly to any property situate in Uttar Pradesh, the copy of such instrument shall, when received in Uttar Pradesh, be liable to be charged with the difference of stamp duty as or original under section 19-A to the extent of and in proportion to the consideration or value of property situated in Uttar Pradesh, and the party liable to pay stamp duty on the original instrument shall upon receipt of notice from registering officer pay the difference in the duty within the time allowed."] TAMIL NADU In Section 6 129[the words, figure and letter "or in Schedule I-A as the case may be" shall be omitted;] 130[for the proviso, the following proviso shall be substituted, namely:-- "Provided that nothing in this Act contained shall render chargeable with duty exceeding three rupees a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid."]]] ANDHRA PRADESH 131[In sub-section (1) of section 4 and the proviso to section 6 of the principal Act, for the words "one rupee eight annas" which stand modified to "three rupees" by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words "three rupees" shall be substituted.] ASSAM 132[In Section 6 of the principal Act,-In the proviso, for the words "one rupee" the words "two rupees" shall be substituted.] ODISHA 133[In the proviso to Section 6 of the principal Act, for the words "one rupee and eight annas", the words "ten rupees" shall be substituted.] 134[In Section 6- after the words 'Schedule I-A', the words 'or in Schedule I-A, as the case may be' shall be inserted; after the words 'one rupee', the words 'and eight annas' shall be inserted; after the words 'duty' has been paid, the words, 'unless it falls within the provisions of Sec, 6-A' shall be inserted. After Section 6, the following section shall be inserted, namely;- "6-A- Payment of duty on copies, counterparts, or duplicates when the duty has not been paid on the principal or original instrument- on the principal or original instrument, as the case may be, of- on the principal or original instrument, as the case may be, or in accordance with the provisions of this section; the duty, chargeable on an instrument of sale, mortgage or settlement, other than a principal instrument, on a counterpart , duplicate or copy of any instrument, shall, if the principal or original instrument would, when received in Odisha, have been chargeable, under the Odisha Stamp (Amendment) Act, 1943, with a higher rate of duty, be the duty with which the principal or original instrument would have been chargeable under Section 19-A. Notwithstanding anything contained in any law, no instrument, counterpart, duplicate or copy, chargeable with duty under this section, shall be received in evidence as properly stamped unless the duty, chargeable under this section, has been paid thereon: Provided that a Court, before which any such instrument, counterpart, duplicate or copy is produced, may, in its discretion, permit the duty, chargeable under this section, to be paid thereon and may then receive it in evidence.] GOA, DAMAN AND DIU 135[In section 6 of the principal Act, after the words and figure "in Schedule I", the words, figure and letter "or in Schedule I-A, as the case may be" shall be inserted; in the proviso, after the words "has been paid", the words, figure and letter "unless such instrument falls within the provisions of section 6-A", shall be added at the end.] 136[After section 6 of the principal Act, the following section shall be inserted, namely:-- "6-A. Payment of higher duty in respect of certain instruments.-- Notwithstanding anything contained in section 4 or section 6 or in any other law for the time being in force, unless it is proved that the duty chargeable under this Act as amended by the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, has been paid-- on the principal or original instrument, as the case may be, or in accordance with the provisions of this section, the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in the Union territory, have been chargeable under this Act as amended by the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968, with a higher rate of duty, be the duty with which the principal or original instrument would have been chargeable under section 18-A. Notwithstanding anything contained in section 35 or in any other law for the time being in force, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon: Provided that a court before which any such instrument, counterpart, duplicate or copy is produced shall permit the duty chargeable under this section to be paid thereon, and shall then receive it in evidence."] 137[***] “(4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time. Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1879, or of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of 138[one per centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped, and shall not be chargeable with any further duty on renewal, consolidation, sub-division or otherwise. The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not: Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1978, when such duty has not already been paid or remitted by order issued by the Central Government. In the case of willful neglect to pay the duty required by the section, the local authority shall be liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues. STATE AMENDMENTS PUNJAB - 139[8-B. Corporatisation and demutualisation schemes and related instruments not liable to duty. Notwithstanding anything contained in this Act or any other Saw for the time being in force, a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the corporatisation or demutualisation, or both of a recognised stock exchange pursuant to a scheme, as approved by the Securities and Exchange Board of India under Sub-section (2) of Section 4-B of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), shall not be liable to duty under this Act or any other law for the time being in force. Explanation.-For the purposes of this section, the expressions "corporatisation", "demutualisation" and "scheme" shall have the meanings respectively assessed to them in clauses (aa), (ab) and (ga) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956): "Securities and Exchange Board of India" means the Securities and Exchange Board of India established under Section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992).] 140[8-C. Negotiable warehouse receipts-Not liable to stamp & duty. Notwithstanding any thing contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.] Notwithstanding anything contained in this Act or any other law for the time being in force,-- an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue, be chargeable with duty on the total amount of securities issued by it and such securities need not be stamped; the transfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner shall not be liable to duty. Explanation.-- For the purposes of this section, the expression "beneficial ownership" shall have the same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996).] 141 Notwithstanding anything contained in this Act or Another law for the time being in force,- an issuer, by the issue of securities to one or more depositories shall in respect of such issue, be chargeable with duty on the total amount of security issued by it and such securities need not be stamped; where an issuer issues certificate of security under sub-section (3) of section 14 of the Depositories Act, 1996 (22 of 1996), on such certificate duty shall be payable as is payable on the issue of duplicate certificate under this Act;. the transfer of- registered ownership of securities from a person to a depository or from a depository to a beneficial owner; beneficial ownership of securities, dealt with by a depository; beneficial ownership of units, such units being units of a Mutual Fund including units of the Unit Trust of India established wider sub-section (1) of section 3 of the Unit Trust of India Act, 1963 (52 of 1963), dealt with by a depository; shall not be liable to duty under this Act or any other law for the time being in force. Explanation 1. - For the purposes of this section, the expressions "beneficial ownership", "depository" and "issuer" shall have the meanings respectively assigned to them in clauses (a), (e) and (f) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996). Explanation 2. - For the purposes of this section, the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).]" 142[transfer of beneficial ownership of shares, such shares being shares company formed and registered under the Companies Act, 1956 or a body corporate established by a Central Act dealt with by a depository, shall not be liable to duty under article 62 of Schedule I of this Act; transfer of beneficial ownership of units, such units being units of a mutual fund including units of the Unit Trust of India established under sub-section (1) of section 3 of the Unit Trust of India Act, 1963dealt with by a depository, shall not be liable to duty under article 62 of Schedule I of this Act.]143 Notwithstanding anything contained in this Act or any other law for the time being in force,-- a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the corporatisation or demutualisation, or both of a recognised stock exchange pursuant to a scheme, as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), shall not be liable to duty under this Act or any other law for the time being in force. Explanation.--For the purposes of this section,-- the expressions "corporatisation", "demutualisation" and "scheme" shall have the meanings respectively assigned to them in clauses (aa), (ab) and (ga) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); "Securities and Exchange Board of India" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992).] 144 Notwithstanding anything contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.]145 Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for assignment of "receivables" as defined in clause (p) of section 2 of the Factoring Regulation Act, 2011 in favour of any "factor" as defined in clause (i) of section 2 of the said Act shall not be liable to duty under this Act or any other law for the time being in force.]146 STATE AMENDMENTS WEST BENGAL Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for assignment of "receivables" as defined in clause (p) of section 2 of the Factoring Regulation Act, 2011 in favour of any "factor" as defined in clause (1) of section 2 of the said Act shall not be liable to duty under this Act or any other law for the time being in force.]147 148[Notwithstanding anything contained in this Act or any other law for the time being in force,-- conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in force; or any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or any other law for the time being in force. Explanation.-- For the purposes of this section, the expression "bank" means- "a banking company" as defined in clause (c) of section 5 of the Banking Regulation Act, 1949(10 of 1949); "a corresponding new bank" as defined in clause (da) of section 5 of the Banking Regulation Act, 1949(10 of 1949); "State Bank of India" constituted under section 3 of the State Bank of India Act, 1955(23 of 1955); "a subsidiary bank" as defined in clause (A) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959(38 of 1959); "a Regional Rural Bank" established under section 3 of the Regional Rural Banks Act, 1976(21 of 1976); "a Co-operative Bank" as defined in clause (cci) of section 5 of the Banking Regulation Act, 1949(10 of 1949); "a multi-State co-operative bank" as defined in clause (cciiia) of section 5 of the Banking Regulation Act, 1949(10 of 1949); For the purposes of this section, the expression the "Reserve Bank of India" means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). STATE AMENDMENTS WEST BENGAL 149[8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty.-- Notwithstanding anything contained in this Act or any other law for the time being in force,-- conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in force; or any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or any other law for the time being in force. Explanation.-- For the purposes of this section, the expression "bank" means-- "a banking company" as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); "a corresponding new bank" as defined in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); "State Bank of India" constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); "a subsidiary bank" as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); "a Regional Rural Bank" established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); "a Co-operative Bank" as defined in clause (cci) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); "a multi-State co-operative Bank" as defined in clause (cciiia) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); For the purpose of this section, the expression the "Reserve Bank of India" means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934.] Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in favour of any asset reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be liable to duty under this Act.]150 [STATE AMENDMENTS TAMIL NADU Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), in favour of any asset reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be liable to duty under this Act.] WEST BENGAL Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interests in financial assets of banks or financial institutions under section 5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), in favour of any asset reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be liable to duty under this Act.]]151 Notwithstanding anything contained in this Act or any other law for the time being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable property from a Government company, its subsidiary, unit or joint venture,-- by way of strategic sale or disinvestment or demerger or any other scheme of arrangements or through any law, to another Government company or to the Central Government or any State Government or to the development financial institution established by any law made by Parliament; or which is to be wound up, closed, struck-off, liquidated or otherwise shut down, to another Government company or to the Central Government or any State Government, after approval of the Central Government or the State Government, as the case may be, shall not be liable to duty under this Act. Explanation.--For the purposes of this section, “Government company” shall have the same meaning as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).] 152 153[154[The 155[***]Government;] may, by rule or order published in the Official Gazette,- reduce or remit, whether prospectively or retrospectively, in the whole or any part of 156[the territories under its administration], the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and provide for the composition or consolidation of duties 157[of policies of insurance and] in the case of issues by any incorporated company or other body corporate inserted by Act 23 of 2004, section 117 (w.e.f. 10.09.2004) 158[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.] 159[In this section the expression "the Government" means,- in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credits, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the 160[Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of sub-section (1).] Save as aforesaid, the State Government.] 32161[Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of Sub-section (1), the Central Government;] STATE AMENDMENTS KARNATAKA 162[After Section 9 The following section shall be inserted, namely:- "9A. Power of State Government to consolidate duties in respect of receipts.- Subject to such conditions as may be specified, the State Government may, by order , provide for the consolidation of duties in respect of any receipts or class of receipts given by any person or class of persons including any Government."] GOA 163[After Section 9 The following section shall be inserted, namely:-- "9A. Power of State Government to consolidate duties in respect of receipts.-- The State Government may, by order published in the Official Gazette, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order.".] GUJARAT 164[After Section 9 The fallowing new section shall be inserted. namely:-:— "9A. Power of state Government to consolidate duties in respect of receipts:- The State Government may, by order published in the official Gazette. provide for consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order.".] PUNJAB 165[In Section 9 In section 9, in sub-section (1), in clause (a), in the proviso, after the word, figure, sign and letter "Schedule 1-A,", the words, figures, signs and letters "Schedule 1-B and Schedule 1-C," shall be inserted.] 166[In the principal Act, in section 9, in sub-section (1), in clause (a), in the proviso, the word, figure, sign and letter ", Schedule 1-B" shall be omitted up to the 31st day of March, 2019 and thereafter, the word, figure, sign and letter so omitted, shall again come into force with effect from the 1st day of April, 2019.] PUNJAB & HARYANA Provided that with respect to instruments which are chargeable with duty under Schedule i-A, 167[Schedule 1-B and Schedule 1-C] such reduction or remission may, by notification be granted by the State Government, and TAMIL NADU 168[In Section 9 In sub-section (1), in clause (b), after the expression "other marketable securities", the expression "or of note or memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal" shall be inserted.]]] ANDHRA PRADESH 169[In section 9 of the principal Act,- in sub-section (1), in the opening portion for the words "The Government may by rule or order published in the Official Gazette,-", the words "The Government if satisfied that it is necessary to do so in the public interest, may, by rule or order published in the Official Gazette,-", shall be substituted; in clause (b), for the words "bonds or other marketable securities.", the words "bonds, shares or policies of insurances, proxies and receipts or other marketable securities.", shall be substituted; in sub-section (2), for clause (b), the following clause shall be substituted, namely:- "(b) save as aforesaid and in respect of clause (b) of sub-section (1), the State Government.] AA.-- Of the liability of instruments of transaction in stock exchanges and depositories to duty- Notwithstanding anything contained in this Act,-- when the sale of any securities, whether delivery based or otherwise, is made through a stock exchange, the stamp-duty on each such sale in the clearance list shall be collected on behalf of the State Government by the stock exchange or a clearing corporation authorised by it, from its buyer on the market value of such securities at the time of settlement of transactions in securities of such buyer, in such manner as the Central Government may, by rules, provide; when any transfer of securities for a consideration, whether delivery based or otherwise, is made by a depository otherwise than on the basis of any transaction referred to in clause (a), the stamp-duty on such transfer shall be collected on behalf of the State Government by the depository from the transferor of such securities on the consideration amount specified therein, in such manner as the Central Government may, by rules, provide; when pursuant to issue of securities, any creation or change in the records of a depository is made, the stamp-duty on the allotment list shall be collected on behalf of the State Government by the depository from the issuer of securities on the total market value of the securities as contained in such list, in such manner as the Central Government may, by rules, provide. Notwithstanding anything contained in this Act, the instruments referred to in sub-section (1) shall be chargeable with duty as provided therein at the rate specified in Schedule I and such instruments need not be stamped. 170[Provided that no such duty shall be chargeable in respect of the instruments of transaction in stock exchanges and depositories established in any International Financial Services Centre set up under section 18 of the Special Economic Zones Act, 2005 (28 of 2005).] From the date of commencement of this Part, no stamp-duty shall be charged or collected by the State Government on any note or memorandum or any other document, electronic or otherwise, associated with the transactions mentioned in sub-section (1). The stock exchange or a clearing corporation authorised by it or the depository, as the case may be, shall, within three weeks of the end of each month and in accordance with the rules made in this behalf by the Central Government, in consultation with the State Government, transfer the stamp-duty collected under this section to the State Government where the residence of the buyer is located and in case the buyer is located outside India, to the State Government having the registered office of the trading member or broker of such buyer and in case where there is no such trading member of the buyer, to the State Government having the registered office of the participant: Provided that before such transfer, the stock exchange or the clearing corporation authorised by it or the depository shall be entitled to deduct such percentage of stamp-duty towards facilitation charges as may be specified in such rules. Explanation.-- The term "participant" shall have the same meaning as assigned to it in clause (g) of section 2 of the Depositories Act, 1996 (22 of 1996). Every stock exchange or the clearing corporation authorised by it and depository shall submit to the Government details of the transactions referred to in sub-section (1) in such manner as the Central Government may, by rules, provide.]171 STATE AMENDMENTS GOA, DAMAN AND DIU 172[After section 9 of the principal Act, the following section shall be inserted, namely:-- "9A. Power of State Government to consolidate duties in respect of receipts.-- The State Government may, by order published in the Official Gazette, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order."] Maharashtra 173[After section 9 of the Indian Stamp Act, 1899(II of 1899) in its application to the State of Maharashtra, the following new section shall be inserted, namely:-- " 9A. Power of State Government to consolidate duties in respect of receipts. The State Government may, by order published in the Official Gazette, provide for consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order."] Notwithstanding anything contained in this Act,-- when any issue of securities is made by an issuer otherwise than through a stock exchange or depository, the stamp-duty on each such issue shall be payable by the issuer, at the place where its registered office is located, on the total market value of the securities so issued at the rate specified in Schedule I; when any sale or transfer or reissue of securities for consideration is made otherwise than through a stock exchange or depository, the stamp-duty on each such sale or transfer or reissue shall be payable by the seller or transferor or issuer, as the case may be, on the consideration amount specified in such instrument at the rate specified in Schedule I.]174 Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps- according to the provisions herein contained; or when no such provision is applicable thereto-as the 175[State Government] may by rule direct. The rules made under sub-section (1) may, among other matters, regulate,- in the case of each kind of instrument-the description of stamps which may be used; in the case of instruments stamped with impressed stamps-the number of stamps which may be used; in the case of bills of exchange or promissory notes 176[***] the size of the paper on which they are written. STATE AMENDMENTS ASSAM 177[In Section 10- the following shall be inserted as Section 10A, namely- [10A. For shortage of stamps how duty to be paid- Notwithstanding anything contained in Section 10, where the State Government or the Collector, as the case may be, is satisfied that there is shortage of stamps in the district or stamps of required denominations are not available, the State Government or the Collector may permit payment of the duty to be paid in cash or by way of Demand Draft or by Pay Order and authorize the Treasury Officer or Sub-Treasury Officer or Sub-Registrar or any other authorised officer, as the case may be, on production of a challan evidencing payment of duty in the Government Treasury or Sub-Treasury of a Demand Draft or by Pay Order drawn on a branch of any Schedule bank, as the case may be, after due verification, to certify in such manner as may be prescribed, by endorsement on the instrument of the amount of duty so paid in cash. Explanation.-- Government Treasury includes a Government Sub-Treasury and any other place as the State Government may, by notification in the Assam Gazette, appoint in this behalf: Provided that the State Government may, be order published in the Official Gazette, direct that the power exercisable by it or by the Collector under this Section may be exercised by such other officers as may be specified in the order. An endorsement made on any instrument under subsection (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirements of Section 10. Nothing in this. Section shall apply to,-- the payment of stamp duty chargeable on the instruments specified in Entry 91 of List I of the Seventh Schedule to the Constitution of India; and the instruments presented after six months from the date of their execution or first execution."] BIHAR 178[After Section 10 the following new Section shall be inserted namely:- 10. A Payment of duty in cash.- Notwithstanding anything contained in Section 10, where, the Collector is satisfied that there is temporary shortage of stamp in the district or that stamps of required determination are not available, he may permit duty to be paid in cash and authorise the Treasury or Sub-Treasury Officer, as the case may be on production of challan in evidence of payment of duty in the Government Treasury or Sub-Treasury to certify by endorsement on the instruments the amount of duty so paid in Cash. An endorsement made on any instrument under sub-section (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of Stamp in accordance with the requirement of Section 10."] HARYANA 179[In Section 10 The following proviso shall be added, namely:- “Provided that whenever stamp paper of smaller value and denomination ranging from rupee one to rupees ten is in short supply or is not available, the duty payable under this Act, on any instrument, shall be paid in such manner as the stt Government may by rules direct”.] GOA 180[After Section 10 The following new section shall be inserted, namely:-- "10A. Stock exchange etc., to deduct stamp duty from trading member's account Notwithstanding anything contained in this Act, in case of transactions through stock exchange or an association as defined in clause (a) of section 2 of the Forward Contracts (Regulation) Act, 1952 (Central Act 74 of 1952), the stock exchange or, as the case may be, an association, shall collect the due stamp duty by deducting the same from the trading member's account at the time of settlement of such transactions. The stamp duty so collected shall be transferred to the Government Treasury or Sub-Treasury in the manner specified by the Chief Controlling Revenue Authority. Explanation:--For the purpose of this section, "stock exchange" means the stock exchange as defined in clause (j) of section 2 of the Securities Contracts (Regulation) Act, 1956 (Central Act 42 of 1956).".] 181[In Section 10 The following section shall be inserted, namely:-- [(2A) The Chief Controlling Revenue Authority, may subject to such conditions as he may deem fit to impose, authorise use of franking machine or any other machine specified under sub-clause (d) of clause (13) of section 2, for making impressions on instruments chargeable with duties to indicate payment of duties payable on such instruments. (2B) (a) Where the Chief Controlling Revenue Authority is satisfied that having regard to the extent of instruments executed and the duty chargeable thereon, it is necessary in public interest to authorise any person, body or organization to such use of franking machine or any other machine, he may, by order in writing, authorise such person, body or organization. (b) Every such authorisation shall be subject to such conditions, if any, as the Chief Controlling Revenue Authority may, by any general or special order, specify in this behalf. (2C) The procedure to regulate the use of franking machine or any other machine as so authorised shall be such as the Chief Controlling Revenue Authority may, by order, determine. Notwithstanding anything contained in sub-section (1), where the Government, in relation to any area in the State, is satisfied that on account of temporary shortage of stamps in any area in the State, duty chargeable cannot be paid and payment of duty cannot be indicated on instruments by means of stamps, the Government, may, by notification in the Official Gazette, direct that, in such area and for such period as may be specified in such notification, the duty may be paid in cash or by demand draft or by pay order in any Government treasury or Government sub-treasury or any other place as the Government may, by notification in the Official Gazette, appoint in this behalf and the receipt or challan therefor shall be given by the Officer in charge thereof. Such receipt or challan shall be presented to the Chief Controlling Revenue Authority who shall, after due verification that the duty has been paid in cash or by demand draft or by pay order, make an endorsement to that effect on the instrument to the following effect, after cancelling such receipt or challan so that it cannot be used again, namely:-- "Stamp duty of Rs. ............. paid in cash or by demand draft or by pay order vide Receipt/Challan No. .......... dated the ............. Signature of the Chief Controlling Revenue Authority Provided that the period to be specified in the notification shall not exceed a period of three months. Explanation:-- For the purposes of this sub-section, the expressions "demand draft" and "pay order" mean the demand draft or pay order issued by the State Bank of India constituted under the State Bank of India Act, 1955, or, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or, under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, or, any other bank being a Scheduled Bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934. An impression made under sub-section (2A), 2B) and (2C), or, as the case may be, an endorsement made under sub-section (3), or any instrument, shall have the same effect as if duty of an amount equal to the amount indicated in the impression or, as the case may be, stated in the endorsement has been paid in respect of, and such payment has been indicated on such instrument by means of stamps, under sub-section (1).".] MADHYA PRADESH 182[After Section 10 The following section shall be inserted, namely:-- "10-A. Payment of duty in cash Notwithstanding anything contained in section 10, where the Collector is satisfied that there is temporary shortage of stamps in the district or that stamps of required denominations are not available, he may permit duty to be paid in cash and authorise the Treasury Officer or Sub-Treasury Officer, as the case may be, on production of a challan evidencing payment of duty in the Government Treasury or Sub-Treasury, as the case may be, to certify in such manner as may be prescribed by endorsement on the instrument or instruments the amount of duty so paid in cash. An endorsement made on any instrument under sub-section (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in stamps in accordance with the requirement or respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirement of section 10.".] MEGHALAYA 183[After Section 10 The following new section shall be inserted as section 13A, namely:- "10A. Notwithstanding anything contained in section 10 where:- (i) The State Government, in relation to any area in the State; or (ii) the Deputy Commissioner, in relation to any area in District under his charge, is satisfied that on account of temporary, shortage of stamps in any area, duty cannot be paid, and payment of duty cannot be indicated on instruments, by means of Stamps, the State Government, or as the case may be, the Deputy Commissioner may, by notification, in the Official Gazette, direct that in such area and for such period as maybe specified in such notification, the duty may be paid in cash in any Treasury or Sub-Treasury and shall on production of a challan evidencing payments of stamp duty in the Government treasury certify endorsement on the instrument in respect of which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the amount of the duty so paid. An endorsement made on any instrument under clause (a) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment has been indicated on, such instrument by means of stamps, under section 10."] NAGALAND 184[In Section 10 The following may be substituted, namely: "10. (1) Except as otherwise expressly provided in this Act, all dudes with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps- according to the provisions herein contained; or when no such provision is applicable thereto, as the Government may by rule direct. (2) The rules made under Sub-Section (1) may, among other matters, regulate,- in case of each kind of instrument-the description of stamps which may be used; in the case of instruments stamped with impressed stamps-the number of stamps which may be used. (3) Subject to the rules made under Clause (b) of Sub-Section (1), the Chief Controlling Revenue Authority or any other Officer empowered by the State Government in this behalf, may authorize any person, body or organization, including Post Offices and Banks, to use a machine for making impression of stamps indicating the payment of stamp duty on the instrument.".] 185[After Section 10 The following may be inserted namely: "10A. (1) Notwithstanding anything contained in Section 10, the stamp duty payable on an instrument may also be paid in cash by challan in the Banking Treasury or Treasury, countersigned by an Officer empowered by the State Government by notification in this behalf or by Demand Draft or by pay Order drawn on a Branch of any scheduled Bank. The Officer so empowered shall on production of such Challan and after such verification that the duty has been paid, or upon production of Demand Draft or pay Order, as the case may be, certify in such manner as may be prescribed by endorsement on the instrument, of the amount of duty so paid. (2) An endorsement made on any instrument under Sub-section (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps, in accordance with the requirement of Section 10.".] UTTARAKHAND 186[In Section 10 After section 10(A) the following section shall be inserted, namely:- 10(B) "Various modes of payment of duty" Notwithstanding anything contained in section 10 & 10(A) all duties with which any instruments are chargeable shall be paid,- by way of cash; or by demand draft; or by pay order; or by e-payment; in Government Treasury or Sub-Treasury or General Stamp Office [or, as the case may be, Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury)] and such payment shall be indicated by endorsement on such instruments by an officer authorised by the State Government.] UTTAR PRADESH 187[After Section 10 The following section shall be inserted, namely:-- "10-A Payment of duty in cash.-- Notwithstanding anything contained in section 10, where the Collector is satisfied that there is temporary shortage of stamps in the district or that stamps of required denominations are not available, he may permit duty to be paid in cash and authorise the officer-in-charge of the treasury on production of a challan evidencing payment of duty in the Government treasury or sub-treasury, to certify by endorsement on the instrument or instruments the amount of duty so paid in cash. An endorsement made on any instrument under sub-section (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirement of section 10."] 188[After Section 10 In section 10-A of the principal Act, for sub-section (1) the following sub-section shall be substituted namely:-- "(1) Notwithstanding anything contained in section 10-- where the Collector is satisfied that there is temporary shortage of stamps in the district or that stamps of required denominations are not available, he may permit duty to be paid in cash and authorize the officer-in-charge of the treasury on production of a challan evidencing payment of duty in the Government treasury or sub-treasury, to certify by endorsement on the instrument or instruments the amount of duty so paid in cash; where the State Government considers it expedient so to do, it may, in any district, permit duty to be paid in cash and authorize any officer, to receive payment of duty in cash and to certify by endorsement by means of a Franking machine on the instrument or instruments the amount of duty so paid in cash."] WEST BENGAL 189[In Section 10 After sub-section (2), the following sub-sections shall be inserted:- "(3) Subject to the rule made under clause (b) of sub-section (1), the State Government may, by notification, specify the instrument on which duty may be paid by using machine for making impression indicating the value of stamp-duty paid. (4) The Chief Controlling Revenue Authority or any other officer empowered by the State Government in this behalf, may, by notification, authorise any person, body, organisation, treasury, or treasury linked bank including post offices and banks to use machine for making impressions indicating the value of stamp-duty paid, for the purpose of sub-section (3).".]]] ASSAM 190[In the principal Act, after the existing Section 10 the following shall be inserted as Section 10A, namely- ["10A. For shortage of stamps how duty to be paid- Notwithstanding anything contained in Section 10, where the State Government or the Collector, as the case may be, is satisfied that there is shortage of stamps in the district or stamps of required denominations are not available, the State Government or the Collector may permit payment of the duty to be paid in cash or by way of Demand Draft or by Pay Order and authorize the Treasury Officer or Sub-Treasury Officer or Sub-Registrar or any other authorised officer, as the case may be, on production of a challan evidencing payment of duty in the Government Treasury or Sub-Treasury of a Demand Draft or by Pay Order drawn on a branch of any Schedule bank, as the case may be, after due verification, to certify in such manner as may be prescribed, by endorsement on the instrument of the amount of duty so paid in cash. Explanation.-- Government Treasury includes a Government Sub-Treasury and any other place as the State Government may, by notification in the Assam Gazette, appoint in this behalf: Provided that the State Government may, be order published in the Official Gazette, direct that the power exercisable by it or by the Collector under this Section may be exercised by such other officers as may be specified in the order. An endorsement made on any instrument under subsection (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirements of Section 10. Nothing in this. Section shall apply to,-- the payment of stamp duty chargeable on the instruments specified in Entry 91 of List I of the Seventh Schedule to the Constitution of India; and the instruments presented after six months from the date of their execution or first execution."] JHARKHAND 191[The section 10 (1) of the Principal Act, is substituted in the following manner:- "10. Duties how to be paid- If otherwise not provided in this Act, all duties with which instruments are chargeable, shall be paid and such payment shall be indicated on such instruments, by means of stamps or through any other manner as may be prescribed by the State Government as follows:- according to the provisions herein contained or when no such provision is applicable thereto as the State Government may by rule direct.] GOA, DAMAN AND DIU 192[In section 10 of the principal Act, after sub-section (2), the following shall be inserted, namely.-- ["(2A) The Chief Controlling Revenue Authority, may subject to such conditions as he may deem fit to impose, authorise use of franking machine or any other machine specified under sub-clause (d) of clause (13) of section 2, for making impressions on instruments chargeable with duties to indicate payment of duties payable on such instruments. (2B) (a) Where the Chief Controlling Revenue Authority is satisfied that having regard to the extent of instruments executed and the duty chargeable thereon, it is necessary in public interest to authorise any person, body or organization to such use of franking machine or any other machine, he may, by order in writing, authorise such person, body or organization. (b) Every such authorisation shall be subject to such conditions, if any, as the Chief Controlling Revenue Authority may, by any general or special order, specify in this behalf. (2C) The procedure to regulate the use of franking machine or any other machine as so authorised shall be such as the Chief Controlling Revenue Authority may, by order, determine. (3) Notwithstanding anything contained in sub-section (1), where the Government, in relation to any area in the State, is satisfied that on account of temporary shortage of stamps in any area in the State, duty chargeable cannot be paid and payment of duty cannot be indicated on instruments by means of stamps, the Government, may, by notification in the Official Gazette, direct that, in such area and for such period as may be specified in such notification, the duty may be paid in cash or by demand draft or by pay order in any Government treasury or Government sub-treasury or any other place as the Government may, by notification in the Official Gazette, appoint in this behalf and the receipt or challan therefor shall be given by the Officer in charge thereof. Such receipt or challan shall be presented to the Chief Controlling Revenue Authority who shall, after due verification that the duty has been paid in cash or by demand draft or by pay order, make an endorsement to that effect on the instrument to the following effect, after cancelling such receipt or challan so that it cannot be used again, namely:-- "Stamp duty of Rs. ............. paid in cash or by demand draft or by pay order vide Receipt/Challan No. .......... dated the ............. Signature of the Chief Controlling Revenue Authority Provided that the period to be specified in the notification shall not exceed a period of three months. Explanation:-- For the purposes of this sub-section, the expressions "demand draft" and "pay order" mean the demand draft or pay order issued by the State Bank of India constituted under the State Bank of India Act, 1955, or, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or, under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, or, any other bank being a Scheduled Bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934. (4) An impression made under sub-section (2A), 2B) and (2C), or, as the case may be, an endorsement made under sub-section (3), or any instrument, shall have the same effect as if duty of an amount equal to the amount indicated in the impression or, as the case may be, stated in the endorsement has been paid in respect of, and such payment has been indicated on such instrument by means of stamps, under sub-section (1).".] The following instruments may be stamped with adhesive stamps, namely:- instruments chargeable 193[with a duty not exceeding ten naye paise], except parts of bills of exchange payable otherwise than on demand and drawn in sets; bills of exchange194[***] and promissory notes drawn or made out of 195[India]; entry as an advocate, vakil or attorney on the roll of a High Court; notarial acts; and transfers by endorsement of shares in any incorporated company or other body corporate. STATE AMENDMENTS GOA 196[In Section 11 in clause (a), for the words "ten naye paise", the words "twenty paise" shall be substituted; clause (c) shall be omitted.] UTTAR PRADESH 197[After Section 11 The following section shall be inserted, namely: -- "11-A. Payment of duty in cash on such memoes Notwithstanding anything contained in section 11, the stamp duty due under Article 25-A of Schedule I-B on a counterpart or duplicate (including counterfoil or carbon copy) of a bill or cash memo may be paid either by means of stamps on the date of issue of such instruments, or in cash once in every quarter, for all such instruments issued in the previous quarter, into the treasury or sub-treasury under such head as the State Government may by general or special order direct. The treasury challan prepared for deposit of duty in cash shall be accompanied by such statement and shall be preserved for the purpose of verification for such period and proper account thereof shall be maintained in such form as the State Government may by general or special order direct."] TAMIL NADU 198[In Section 11 Clause (a), of the principal Act, for the words "one and a half annas", the words "ten naye paise" shall be substituted.]]] GOA, DAMAN AND DIU 199[In section 11 of the principal Act,-- in clause (a), for the words "ten naye paise", the words "twenty paise" shall be substituted; clause (c) shall be omitted.] (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and (b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again. Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped. The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing or in any other effectual manner. Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument. No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby. Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped. Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned instrument by endorsement under the hand of the Collector or in such other manner (if any) as the 200[State Government] may by rule prescribe. All instruments chargeable with duty and executed by any person in 201[India] shall be stamped before or at the time execution. STATE AMENDMENTS Assam 202[In the principal Act, in Section 17, after the existing provision, the following proviso shall be inserted namely: "Provided that nothing in this Section shall apply to the instrument in respect of which stamp duty has been paid under section 10A."] Every instrument chargeable with duty executed only out of 203[India], and not being a bill of exchange 204*** or promissory note, may be stamped within three months after it has been first received in 205[India]. Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the 206[State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for. STATE AMENDMENTS Goa 207[After Section 18 The following section shall be inserted, namely:-- "18-A. Payment of duty on certain instruments liable to increased duty under item (2) of the first proviso to section 3.-- Where any instrument (other than the one in respect of the documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution) has become chargeable in any part of India other than the Union territory with duty under this Act or under any other law for the time being in force in any part of India and thereafter becomes chargeable with a higher rate of duty in the Union territory under item (2) of the first proviso to section 3-- notwithstanding anything contained in the said first proviso to section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule I-A less the amount of duty, if any, already paid on it in India; in addition to the stamps, if any, already affixed, thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same person as though such instrument was an instrument received in India for the first time at the time when it became chargeable with the higher duty."..]]] GOA, DAMAN AND DIU 208[After section 18 of the principal Act, the following section shall be inserted, namely:-- "18-A. Payment of duty on certain instruments liable to increased duty under item (2) of the first proviso to section 3.-- Where any instrument (other than the one in respect of the documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution) has become chargeable in any part of India other than the Union territory with duty under this Act or under any other law for the time being in force in any part of India and thereafter becomes chargeable with a higher rate of duty in the Union territory under item (2) of the first proviso to section 3-- notwithstanding anything contained in the said first proviso to section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule I-A less the amount of duty, if any, already paid on it in India; in addition to the stamps, if any, already affixed, thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same person as though such instrument was an instrument received in India for the first time at the time when it became chargeable with the higher duty.".] The first holder in 209[India] of any bill of exchange 210[payable otherwise than on demand], 211[***] or promissory note drawn or made out of 212[India] shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in 213[India], affix thereto the proper stamp and cancel the same: Provided that- if, at the time any such bill of exchange 214or note comes into the hands of any holder thereof in 215[India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12, and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled; nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp. STATE AMENDMENTS HIMACHAL PRADESH 216[After section 19 The following new section shall be inserted, namely:- "19-A. Payment of duty on certain instruments liable to increased duty in Himachal Pradesh under clause (bb) of section 3 Where any instrument has become chargeable in any part of India and thereafter becomes chargeable with higher rate of duty in the Himachal Pradesh under clause (bb) of the first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952- notwithstanding anything contained in the said proviso, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule I-A less the amount of duty, if any already paid on it in India, in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same person as though such instrument were an instrument received in India for the first time at the time when it became chargeable with the higher duty."] TAMIL NADU After Section 19 217[in the marginal notes, the word, brackets and letters "clause (bb) of" shall be omitted; the words, brackets and letters "clause (bb) of the first proviso to" shall be omitted; the words "the first proviso to" shall be omitted:] 218[for the words, figure and letter "under Schedule I-A", the words and figure "under Schedule I" shall be substituted.] 219[After Section 19 The following section shall be inserted, namely:-- "19-B. Payment of duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original instrument.-- Where any instrument is registered in any part of India other than the State of Tamil Nadu and such instrument relates, wholly or partly to any property situate in the State of Tamil Nadu, the copy of such instrument shall, when received in the State of Tamil Nadu under the Registration Act, 1908 (Central Act XVI of 1908), be liable to be charged with the difference of duty as on the original instrument. The difference of duty shall be calculated having regard to-- the extent of property situate in the State of Tamil Nadu; and the proportionate consideration or value or market value of such extent of property. The party liable to pay duty on the original instrument shall upon the receipt of notice from the registering officer, pay the difference in duty within the time allowed by such registering officer. Where deficiency in duty paid is noticed from the copy of any instrument, the Collector may suo motu or on a reference from any court or any registering officer, require the production of the original instrument before him within the period specified by him for the purpose of satisfying himself as to the adequacy of the duty paid thereon, and the instrument so produced before the Collector, shall be deemed to have been produced or come before him in the performance of his functions and the provisions of section 47-A shall mutatis mutandis apply; Provided that no action under this sub-section shall be taken after a period of four years from the date of registration of such instrument. In case the original instrument is not produced within the period specified by the Collector, he may require the payment of deficit duty, if any, together with penalty under section 40, on the copy of the instrument, within such time as may be prescribed".]]] 220[In section 19-B of the sub-section (4), in the proviso, for the expression "from the date of registration of such instrument" the expression "from the date of receipt of the copy of such instrument in the State of Tamil Nadu under the Registration Act, 1908 (Central Act XVI of 1908)" shall be substituted.] ANDHRA PRADESH 221[(3) for section 19-A, the following section shall be substituted, namely :-- 19-A Payment of duties on certain instruments liable to increased duty under clause (bb) of section 3 "Where any instrument (other than the one in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution) has become chargeable in any part of India other than the State of Andhra Pradesh with duty under the stamp law in force in that part and thereafter becomes chargeable with a higher rate of duty in the said State under clause (bb) of the first proviso to section 3-- notwithstanding anything in the first proviso to section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule 1-A less the amount of duty, if any, already paid on it in that part; in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same persons as though such instrument were an instrument received in India for the first time at the time when it became chargeable with the higher duty; and the provisions contained in clause (b) or clause (c), as the case may be, of the proviso to sub-section (3) of section 32 shall, with the necessary modifications, apply to such instrument, but the provisions contained in clause (a) of the said proviso shall not apply there to";] 222[In section 19-A of the principal Act,-- in the opening portion, for the words "any instrument," the words, brackets and figures "any instrument (other than the one in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution)" shall be substituted; for the words "State of Andhra", the words "State of Andhra Pradesh" shall be substituted.] ODISHA 223[After Section 19, the following section shall be inserted, namely,- "19-A Payment of duties on certain instruments liable to increased duty under clause (bb) of section 3- Where any instrument has become chargeable in any part of territories to which this Act extends, other than the State of Odisha with duty under this Act or under any other law for the time being in force in any part of the said States and thereafter becomes chargeable with a higher rate of duty in the said State under Cl. (bb) of the first proviso to Section 3,- notwithstanding anything in the first proviso to section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule 1-A less the amount of duty, if any, already paid on it in the said territories; in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same persons as though such instrument were an instrument received in the said territories for the first time at the time when it became chargeable with the higher duty;"] Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of 224[India] such duty shall be calculated on the value of such money in the currency of 225[India] according to the current rate of exchange on the day of the date of the instrument. The Central Government may, from time to time by notification in the Official Gazette, prescribe a rate of exchange for the conversion of British or any foreign currency into the currency of 226[India] for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the purposes of sub-section (1). Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on 227[the market value of such stock or security:] 228[Provided that the market value for calculating the stamp-duty shall be, in the case of-- options in any securities, the premium paid by the buyer; repo on corporate bonds, interest paid by the borrower; and swap, only the first leg of the cash flow.] Where an instrument contains a statement, of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall so far as regards the subject matter of such statement, be presumed, until the contrary is proved, to be duly stamped. Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had not mention of interest been made therein. Where an instrument (not being a promissory note or bill of exchange)- is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or makes redeemable or qualifies a duly stamped transfer, in tended as a security, of any marketable Security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under 229[Article No. 5 (c)] of Schedule I. A release or discharge of any such instrument shall only be chargeable with the like duty.]230 STATE AMENDMENTS HIMACHAL PRADESH 231[In Section 23 A- The word and figure 'Schedule-I" the word, figure and letter "Schedule I-A" shall be substituted.] GOA 232[In Section 23 The word and figure "Schedule I", the words, letters, figures and brackets "or Article No. 5(c) of Schedule I-A, as the case may be." shall be added at the end.] TAMIL NADU 233[In Section 23 Sub-section (1), of the principal Act, the words, figures, letters and brackets "or article No. 4(c) of Schedule I-A as the case may be" shall be omitted.] ANDHRA PRADESH 234[In clause (b) of sub-section (1) of section 23-A of the principal Act, for the expression "article No. 4 (c)", the expression "Article 5 (c)" shall be substituted.] ODISHA 235[In its application to the State of Odisha the following note has been added namely:- NOTE: 'In applying Section 23-A, 24 and 29 to any instrument chargeable with a higher duty under the Odisha Stamp (amendment) Act, 1943, the references in those sections to the several Articles in Schedule I shall be deemed to be references to the corresponding articles in Schedule I-A.'] GOA, DAMAN AND DIU 236[In section 23-A of the principal Act, in sub-section (1), after the word and figure "Schedule I", the words, letters, figures and brackets "or Article No. 5(c) of Schedule I-A, as the case may be." shall be added at the end.] Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty: Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I. Explanation. — In the case of a sale of property subject to a mortgage or other incumbrance, any unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale: Provided that where property subject to a mortgage is transferred to the mortgage, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. [STATE AMENDMENTS HIMACHAL PRADESH 237[In Section 24 The said Act, for the full stop shall be substituted a comma followed by the words "or Schedule I-A, as the case may be".] 238[In Section 24 The word and figure "Schedule I", the words, letters and figures "or Article No. 18 of Schedule I-A, as the case may be" shall be added at the end.] PONDICHERRY 239[In Section 24 The following section shall be substituted, namely:-- "24. How transfer of property subject to mortgage to be charged Where property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.] TAMIL NADU 240[In Section 24 The words, figures and letter "or Article 16 of Schedule I-A as the case may be" shall be omitted.] 241[In Section 24 The following section shall be substituted, namely:-- "24. How transfer of property subject to mortgage to be charged.-- Where property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.]]] ANDHRA PRADESH 242[In section 24 of the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act),-- for the expression "in respect whereof the transfer is chargeable with ad valorem duty", the expression "and the transfer is chargeable with ad valorem duty, in respect of the said consideration or the market value of the property transferred, whichever is higher", shall be substituted; omit the illustrations thereunder.] ODISHA 243[In Section 24 of the Indian Stamp Act, 2 of 1899 hereinafter referred to as the Principal Act), for the words "in respect whereof the transfer is chargeable with ad valorem" duty the words " and the transfer is chargeable with ad valorem duty in respect of the consideration or the market value of the property so transferred whichever is higher;" shall be substituted.] GOA, DAMAN AND DIU 244[In section 24 of the principal Act, in the proviso, after the word and figure "Schedule I", the words, letters and figures "or Article No. 18 of Schedule I-A, as the case may be" shall be added at the end.] Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be— where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained—such total amount; where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance—the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance — the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due. [STATE AMENDMENTS PONDICHERRY- In Section 25 245[in the opening paragraph, for the words "or where the consideration for a conveyance is an annuity or other sum payable periodically the amount secured by such instrument or the consideration for such conveyance, as the case may be" the words "the amount secured by such instrument" shall be substituted;] 246[in clause (b), the words "or conveyance" in the two places where they occur shall be omitted; in clause (c), the words "or conveyance" shall be omitted.] TAMIL NADU- 247[In Section 25 in the opening paragraph, the words "or where the consideration for a conveyance is an annuity or other sum payable periodically", and "or the consideration for such conveyance, as the case may be," shall be omitted; in clause (b), the words "or conveyance" in the two places where they occur shall be omitted; in clause (c), the words "or conveyance" shall be omitted.] Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient: 248[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp duty,- when the lease has been granted by or on behalf of 249[the Government], at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to 250[the Government] under the lease, or when the lease has been granted by any other person, at twenty thousand rupees a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease]: Provided also that where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it its chargeable, shall be fully and truly set forth therein. [STATE AMENDMENTS ASSAM 251[In Section 27 for the words and brackets "The consideration (if any)", the words "the market value of the property" shall be substituted.] 252[After Section 27 "Instrument of conveyance etc. under valued how to be dealt with- If the Registering Officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property as fixed by the Government/Collector of the district, which is subject matter of conveyance, exchange or gift had not been truly set forth in the instrument, he may after registering such instrument, refer the same to the Collector for determination of the market value of such proper and the property duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of conveyance, exchange or gift and the duty as aforesaid, and thereupon the difference, if any, in the amount of duty, shall be payable by the persons liable to pay the duty. The Collector may, on his own motion or otherwise, within two years from the date of registration of any instrument or conveyance, exchange or gift not already referred to him under sub-section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property as set forth in such instrument, which is the subject matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid and thereupon the difference, if any in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to instrument registered before the date of commencement of the Indian Stamp (Assam Amendment) Act, 2004. Any person aggrieved by an order of the Collector under sub-section (2) or sub-Section (3) may prefer an appeal to the Civil Judge of appropriate jurisdiction and all such appeals shall be preferred within such time and shall be heard and disposed of in such manner as may be prescribed. Explanation-- For the purpose of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the Civil Judge Senior Division, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift.] GOA 253[In Section 27 In section 27 of the Indian Stamp Act, 1899 (Central Act II of 1899), as in force in the Union territory of Goa, Daman and Diu (hereinafter referred to as "the principal Act"), after the words and brackets "The consideration (if any)", the words "and the market value" shall be inserted.] MADHYA PRADESH 254[In Section 27 The following section shall be substituted, namely:-- "27 Facts affecting duty to be set-forth in instrument. The consideration, if any, the market value of the property and all other facts and circumstances affecting the chargeability of any instrument with duty or the amount of the duty with' which it is chargeable, shall be fully and truly set-forth therein. In the case of instruments relating to immovable property chargeable with an ad-valorem duty on the market value of the property, and not on the value set-forth, the instrument shall fully and truly set-forth the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates, municipal or other taxes, if any, to which such property may be subject, and any other particulars which may be prescribed by rules made under this Act".] PONDICHERRY 255[In Section 27 The words and brackets "The consideration (if any) "the words" and the market value" shall be inserted.] PUNJAB 256[In Section 27 Section 27 of the principal Act shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely: -- "(2) In the case of instruments relating to immovable property chargeable with an ad valorem duty on the value of the property, and not on the value set forth in the instrument, the instrument shall fully and truly set forth, the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates, municipal or other taxes, if any, to which such property may be subject, and any other particulars which may be prescribed by rules made under this Act.";] TAMIL NADU 257[In Section 27 After the words and brackets "The consideration (if any)", the words "and the market value" shall be inserted.]]] ANDHRA PRADESH 258[In section 27 of the principal Act, for the words and brackets "The consideration (if any)", the words "The consideration, if any, the market value of the property" shall be substituted.] ORISSA 259[In Section 27 of the Principal Act for the words and brackets "the consideration (if any)", the words and commas "the consideration, if any, the market value of the property" shall be substituted.] GOA, DAMAN AND DIU 260[In section 27 of the Indian Stamp Act, 1899 (Central Act II of 1899), as in force in the Union territory of Goa, Daman and Diu (hereinafter referred to as "the principal Act"), after the words and brackets "The consideration (if any)", the words "and the market value" shall be inserted.] Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration. Where property contracted to be purchased for one consideration for the whole, by two or more person jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. Where a person, having contracted for the purchase of an property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser. Where a person, having contracted for the purchase of an property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchaser: Provided that the duty on such last-mentioned conveyance shall in no case be less than one rupee. Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees. [STATE AMENDMENTS ASSAM 261[In Section 28 for the words "one rupee" the words "two rupees" shall be substituted.] MADHYA PRADESH 262[In Section 28 The following section shall be substituted, namely:-- "28. Direction as to duty in respect of certain conveyances. Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit: Provided that a distinct market value of each separate part is set-forth in the conveyance, relating thereto, and such conveyance shall be chargeable with ad-valorem duty in respect of such distinct market value of each such part. Where property contracted to the purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the, consideration, the conveyance of each separate part shall be chargeable with ad-valorem duty in respect of the market value of the property relating to such distinct part of the consideration therein specified. Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad-valorem duty on the market value of the property so conveyed. Where a person having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad-valorem duty in respect only of the market value of the property purchased by such sub-purchaser and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad-valorem duty in respect only of the market value of such residue: Provided that the duty on such last mentioned conveyance shall in no case be less than five rupees. Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad-valorem duty in respect of the market value of the "property purchased by him or the market value of the property which is the subject matter of the conveyances and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property to the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property which is subject matter of conveyance, or, where such duty would exceed five rupees, with a duty of five rupees.".] PONDICHERRY 263[In Section 28 The following section shall be substituted, namely:- "28. Direction as to duty in case of certain conveyances Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the market value of the property which is the subject matter of conveyance and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property which is the subject matter of conveyance, or, where such duty would exceed five rupees, with a duty of five rupees.".] TAMIL NADU 264[In Section 28 The following section shall be substituted, namely:-- "28. Direction as to duty in case of certain conveyances.-- Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the market value of the property which is the subject matter of conveyance and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property which is the subject matter of conveyance, or, where such duty would exceed five rupees, with a duty of five rupees.".]]] ANDHRA PRADESH 265[In section 28 of the principal Act,-- in sub-section (1), for the portion beginning with the words "provided that" and ending with the words "such distinct consideration", the following shall be substituted, namely:-- "Provided that a distinct consideration for, and the market value of, each separate part are set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of the distinct consideration for, or the market value of, each such part, whichever is higher";] 266[in sub-section (2), the following words shall be added at the end, namely:-- "or the market value of such separate part, which ever is higher''; in sub-section (3), the following words shall be added at the end, namely:-- "or the market value of the property, whichever is higher."; in sub-section (4), after the words " consideration paid by such sub-purchaser", the words " or the market value of such part, which-ever is higher" and after the words "aggregate of the considerations paid by the sub-purchasers", the words "or the market value of such residue, whichever is higher" shall be inserted; in sub-section (5), after the words "the consideration paid by him" the words "or the market value of the property which is the subject-matter of the conveyance, whichever is higher", and after the words "the consideration obtained by such original seller", the words "or the market value of such property whichever is higher", shall be inserted.] 267[in section 28-- in the proviso to sub-section (4), for the words " one rupee", the words "five rupees" shall be substituted; in sub-section (5), for the words "five rupees" in the two places where they occur, the words," fifteen rupees" shall be substituted;] ASSAM 268[In the proviso to sub-section (4) of Section 28 of the principal Act, for the words "one rupee" the words "two rupees" shall be substituted.] ORISSA 269[In Section 28 of the Principal Act,- for sub-section (1), the following sub-section shall be substituted, namely:- "(1) where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit: Provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration: Provided further that the market value of the separate part shall be set forth along with the consideration for each part and the conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration or the- market value whichever is higher". To sub-section (2) the following words and comma shall be added at the end, namely:- "or market value of each such separate part, whichever is higher."; to sub-section (3) the following words and comma shall be added at the end, namely:- "or the market value of the property, whichever is higher."; for sub-section (4), the following sub-section shall be substituted, namely:- "(4) where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect of the consideration paid by such sub-purchaser or the market value of each part whichever is higher without regard to the amount or value of the original consideration; and the conveyance of the residue, if any, of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchasers or the market value of the residue of such property whichever is higher: Provided that the duty on such list mentioned conveyance shall in no case be less than one rupee."; for sub-section (5), the following sub-section shall be substituted, namely:- "(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of consideration paid by him or the market value of the property whichever is higher and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller or the market value of such property whichever is higher, or, where such duty would exceed five rupees with a duty of five rupees".] In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,- in the case of any instrument described in any of the following Articles of Schedule I, namely:- No. 2. (Administration Bonds), 270[No. 6 (Agreement relating to Deposit of Title deeds, Pawn or Pledge),] No. 13 (Bill of exchange), No. 15 (Bonds), No. 16 (Bottomry Bond), No. 26 (Customs Bond), 271[***] No. 32 (Further charge), No. 34 (Indemnity-Bond), No. 40 (Mortgage-deed), No. 49 (Promissory-note), No. 55 (Release), No. 56 (Respondentia Bond), No. 57 (Security-bond or Mortgage-deed), No. 58 (Settlement), 272[***] 273[***] No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance), by the person drawing, making or executing such instrument; 274[in the case of a policy of insurance other than fire-insurance-by the person effecting the insurance; (bb) in the case of a policy of fire-insurance- by the person issuing the policy ;] in the case of a conveyance (including are-conveyance of mortgaged property:) by the grantee: in the case of a lease or agreement to lease-by the lessee or intended lessee; in the case of a counterpart of a lease-by the less or; in the case of an instrument of exchange 275[including swap] by the parties in equal shares, in the case of a certificate of sale-by the purchaser of the property to which such certificate relates: 276[***], in the case of an instrument of partition-by the parties thereto in proportion to their respective shares in the whole property partitioned, or when the partition is made in execution of an order passed by a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator Directs. 277[in the case of sale of security through stock exchange, by the buyer of such security; in the case of sale of security otherwise than through a stock exchange, by the seller of such security; in the case of transfer of security through a depository, by the transferor of such security; in the case of transfer of security otherwise than through a stock exchange or depositiory, by the transferor of such security; in the case of issue of security, whether through a stock exchange or a depository or otherwise, by the issuer of such security; and in the case of any other instrument not specified herein, by the person making, drawing or executing such instrument.] STATE AMENDMENTS GOA 278[In Section 29 The word and figure "Schedule I", the words, figure and letter "or the corresponding Article of Schedule I-A, as the case may be," shall be inserted.] UTTARAKHAND 279[In Section 29 In clause (a), after the words (and figures, "No. 40 (Mortgage deed))," the words (and figures "No. 43 (Note or memorandum))," shall be inserted; after clause (f), the following clause shall be inserted, namely,- ''(f-f) in the case of an Instrument of Gift by the done;"] TAMIL NADU 280[In Section 29 Clause (a), of the principal Act, the words, figure and letter "or the corresponding articles of Schedule I-A as the case may be" shall be omitted.] ODISHA 281[In Odisha Section 29 of the Act has to be read with section 9 of the Odisha Stamp (Amendment) Act, 1943 which reads as under: "In applying Section 23-A, Section 24 or Section 29 to any instrument chargeable with a higher rate of duty under this Act, as amended by the Odisha Stamp (Amendment) Act, 1943, the reference in those sections to the said articles in Schedule I shall be deemed to be reference to the corresponding articles in Schedule I-A."] GOA, DAMAN AND DIU 282[In section 29 of the principal Act, in clause (a), after the word and figure "Schedule I", the words, figure and letter "or the corresponding Article of Schedule I-A, as the case may be," shall be inserted.] Any person receiving any money; exceeding twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any moveable property exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same. 283[Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.] When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than 284[fifty naye paise]) as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable. For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly: Provided that- no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an insure as to the duty with which the instrument to which it relates is chargeable; and every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. STATE AMENDMENTS UTTARAKHAND 285[In Section 31 In sub-section (1), for the words, "Pays a fee of such amount not exceeding five rupees and not less than fifty paisa as the collector may in Each case direct," the words, "Pays a fee such amount As may be fixed by State Government By notification in the Official Gazette", shall be substituted.] TAMIL NADU 286[In Section 31 Sub-section (1), of the principal Act, for the words "not less than eight annas", the words "not less than fifty naye paise" shall be substituted.] ANDHRA PRADESH 287[“(5) in sub-section (1) of section 31, for the brackets and words "(not exceeding five rupees and not less than fifty naye paise)", the brackets and words "(not exceeding fifteen rupees and not less than five rupees)" shall be substituted;] ORISSA 288[In Section 31 of the principal Act, in Sub-section (1) for the words "not exceeding five rupees" and "not less than fifty naye paise", the words "not exceeding twenty rupees" and "not less than five rupees", shall respectively be substituted.] When an instrument brought to the Collector under section 31, is in his opinion, one of a description chargeable with duty, and- the Collector determines that it is already fully stamped, or the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: Provided that nothing in this section shall authorise the Collector to endorse- any instrument executed or first executed in 289[India] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be: any instrument executed or first executed out of 290[India] and brought to him after the expiration of three months after it has been first received in 291[India]; or any instrument chargeable 292[with a duty not exceeding ten naye paise], or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped. STATE AMENDMENTS ASSAM 293[In Section 32 in clause (a) of the proviso, after the words "any instrument" the words "other than an instrument chargeable with a duty under clause (bb) of the first proviso to Section 3" shall be inserted; the word "or" at the end of clause (b) of the proviso shall be omitted; after clause (c) of the proviso the following shall be inserted namely-- "or “(d) any instrument chargeable with duty under clause (bb) of the first proviso to Section 3 and brought to him after the expiration of three months from the date on which it is first received in Assam".] HIMACHAL PRADESH 294[In Section 32 in clause (a) of the poviso, after the words "any instrument" the words "other than an instrument chargeable with a duty under clause (bb) of the first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952" shall be inserted. the word "or" at the end of clause (b) of the proviso shall be omitted, after clause (c) of the proviso the word "or" shall be inserted, and the following new clause shall be added:- "(d) any instrument chargeable with duty under clause (bb) of the first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, and brought to him after the expiration of three months from the date on which it is first received in Himahcal Pradesh."] GOA 295[In Section 32 in clause (a), after the words "any instrument", the words, bracket and figures "other than an instrument chargeable with duty under item (2) of the first proviso to section 3" shall be inserted; in clause (b), the word "or" occurring at the end shall be omitted; in clause (c), the word "or" shall be inserted at the end; after clause (c), the following clause shall be inserted, namely:-- "(d) any instrument chargeable with duty under item (2) of the first proviso to section 3 and brought to him after the expiration of three months from the date on which it is first received in the Union territory.".] TAMIL NADU 296[In Section 32 In clause (c) of the proviso to sub-section (3) of section 32,-- for the words "one and a half annas", the words "ten naye paise" shall be substituted; for the words, figure, letters and brackets "[article 34(a) of Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of four annas", the words, figures, letter and brackets "[Article 41(a) of Schedule I] chargeable under section 3 with a duty of twenty-five naye paise" shall be substituted.]]] ANDHRA PRADESH 297[In clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41 of the principal Act-- for the expression "article 34 (a)", the expression "article 36 (a)" shall be substituted; for the words "two annas" which stand modified to " four annas " by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words " twenty-five naye paise " shall be substituted.] ASSAM 298[In Section 32 of the principal Act-- in clause (a) of the proviso, after the words "any instrument" the words "other than an instrument chargeable with a duty under clause (bb) of the first proviso to Section 3" shall be inserted; the word "or" at the end of clause (b) of the proviso shall be omitted; after clause (c) of the proviso the following shall be inserted namely-- "or “(d) any instrument chargeable with duty under clause (bb) of the first proviso to Section 3 and brought to him after the expiration of three months from the date on which it is first received in Assam".] ODISHA 299[In provisos to Sub-Section (3) of Section 32- in Cl. (a) after the words 'any instrument', the words 'other than an instrument chargeable with a duty under Cl. (bb) of the first proviso to Section 3' shall be inserted. the word 'or' at the end of Cl. (b) shall be omitted; at the end of Cl. (c) the full stop shall be converted into a semi-colon and then the word 'or' shall be added; and after Cl. (c) the following clause shall be inserted, namely- any instrument chargeable with duty under Cl. (bb) of the first proviso to section 3 and brought to him after the expiration of three months from the date on which it is first received in the State of Odisha.] GOA, DAMAN AND DIU 300[In the proviso to section 32 of the principal Act, in clause (a), after the words "any instrument", the words, bracket and figures "other than an instrument chargeable with duty under item (2) of the first proviso to section 3" shall be inserted; in clause (b), the word "or" occurring at the end shall be omitted; in clause (c), the word "or" shall be inserted at the end; after clause (c), the following clause shall be inserted, namely:-- "(d) any instrument chargeable with duty under item (2) of the first proviso to section 3 and brought to him after the expiration of three months from the date on which it is first received in the Union territory.".] Every person having by law or consent of parties authority to receive evidence, and every person in charge of a pubic office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not dull stamped, impound the same. For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in 301[India] when such instrument was executed or first executed : Provided that-- nothing herein contained shall be deemed to require any Magistrate of Judge of a criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (5 of 1898)302; in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. For the purposes of this section, in cases of doubt,-- 303[the 304[State Government]] may determine what offices shall be deemed to be public offices; and 305[the 306[State Government]] may determine who shall be deemed to be persons in charge of public offices. STATE AMENDMENTS MADHYA PRADESH 307[In Section 33 The following provision shall be inserted, namely:-- "Provided that nothing contained in this sub-section shall be deemed to authorise the Collector to impound any instrument which has not been executed but is brought to him under section 31 for determining the duty with which the instrument is chargeable or any instrument which he is authorised to endorse under section 32".] PONDICHERRY 308[In Section 33- sub-section (1) shall be lettered as clause (a) of that sub-section and after clause (a) as so lettered, the following clause shall be inserted, namely:- "(b) Notwithstanding anything contained in section 31, but without prejudice to the provisions of clause (a), the Collector before whom any instrument is brought under section 31 for determining the duty with which the instrument is chargeable, shall, if it appears to him that such instrument is not duly stamped, impound the same: Provided that nothing contained in this clause shall be deemed to authorise the Collector to impound any instrument which has not been executed but is brought to him under section 31 for determining the duty with which the instrument is chargeable or any instrument which he is authorised to endorse under section 32";] in sub-section (2)-- for the words "every such person", the words, "every such person and the Collector" shall be substituted; for the words "coming before him", the words, "coming or brought before him" shall be substituted. UTTAR PRADESH 309[In Section 33- After sub-section (2), the following sub-sections shall be inserted, namely:-- "(3) Where deficiency in stamp duty paid is noticed from the copy of any instrument, the Collector may suo motu or on a reference from any court or from the Chief Inspector of Stamps, Uttar Pradesh or any Officer of the Stamp Department, Board of Revenue, call for the original instrument for the purpose of satisfying himself as to the adequacy of the duty paid thereon, and the instrument so produced before the Collector shall be deemed to have been produced or come in the performance of his functions. (4) In case the instrument is not produced within the period specified by the Collector, he may require payment of deficit stamp duty, if any, together with penalty under section 10 on the copy of the instrument: Provided that no action under sub-section (3) or sub-section (4) shall be taken after a period of four years from the date of execution of the instrument."] TAMIL NADU 310[In Section 33 sub-section (1) shall be lettered as clause (a) of that sub-section and after clause (a) as so lettered, the following clause shall be inserted, namely:- "(b) Notwithstanding anything contained in section 31, but without prejudice to the provisions of clause (a), the Collector before whom any instrument is brought under section 31 for determining the duty with which the instrument is chargeable, shall if it appears to him that such instrument is not duly stamped, impound the same: Provided that nothing contained in this clause shall be deemed to authorise the Collector to impound any instrument which has not been executed but is brought to him under section 31 for determining the duty with which the instrument is chargeable or any instrument which he is authorised to endorse under section 32."; in sub-section (2)- for the words "every such person", the words "every such person and the Collector" shall be substituted; for the words "coming before him", the words, "coming or brought before him" shall be substituted.] 311[After Section 33 The following section shall be inserted, namely:-- "33-A. Recovery of deficit stamp duty.-- Notwithstanding anything contained in section 33 or in any other provisions of this Act, if, after the registration of any instrument under the Registration Act, 1908 (Central Act XVI of 1908), it is found that the proper stamp duty payable under this Act in respect of such instrument has not been paid or has been insufficiently paid, such duty or the deficit, as the case may be, may, on a certificate from the Registrar of the district under the Registration Act 1908 (Central Act XVI of 1908) be recovered from the person, liable to pay the duty, as an arrear of land revenue: Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard: Provided further that no such inquiry shall be commenced after the expiry of three years from the date of registration of the instrument. The certificate of the Registrar of the district under sub-section (1) shall, subject only to appeal under sub-section (3), be final and shall not be called in question in any court or before any authority. Any person aggrieved by a certificate of the Registrar of the district under sub-section (1) may appeal to the Chief Controlling Revenue Authority. Any such appeal shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed.";] ORISSA 312[In Section 33 of the principal Act after sub-section (1), the following sub-sections shall be inserted, namely:- "(1 -a) If it appears to such person from the copy of an instrument produced or coming in performance of his functions, within three years from the date of registration of the instrument, that such instrument is not duly stamped, he shall call for the original instrument and if he is satisfied on production of the instrument that it has not been duly stamped, impound the same and the deficient amount of duty shall be payable by the person liable to pay the duty. (1-b) Where the original instrument is not produced such person shall refer the copy of the instrument to the Collector for determination of the market value of the property and the duty payable thereon and the Collector may determine the market value of the property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) of Section 47-A."] Where any receipt chargeable 313[With a duty not exceeding ten naye paise] is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duly stamped receipt to be substituted therefore. 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-- any such instrument 314[shall] 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 ; 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; 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; nothing herein contained shall prevent the admission of any instrument in evidence in proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure 1898; nothing hereing contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of 315[the 316[Government]] or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act. [STATE AMENDMENTS 317[TAMIL NADU In Section 35 In clause (a) of the proviso to section 35 for the words "one and a half annas", the words "ten naye paise" shall be substituted; for the words, figure, letters and brackets "[article 34(a) of Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of four annas", the words, figures, letter and brackets "[Article 41(a) of Schedule I] chargeable under section 3 with a duty of twenty-five naye paise" shall be substituted.] ANDHRA PRADESH 318[“(6) in section 35-- in proviso (a), for the words "five rupees", the words "fifteen rupees" shall be substituted; in proviso (b), for the words "one rupee', the words "three rupees" shall be substituted;] 319[In clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41 of the principal Act-- for the expression "article 34 (a)", the expression "article 36 (a)" shall be substituted; for the words "two annas" which stand modified to " four annas " by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words " twenty-five naye paise " shall be substituted.] Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. 320[The 321[State Government]] may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution. STATE AMENDMENTS HARYANA 37-A. Instruments under-valued how to be dealt with. If the Registering Officer appointed under the Registration Act, 1908 while registering any instrument transferring any property, has reason to believe that the value of the property of the consideration, as the case may be, has not truly set forth in the instrument, he may after registering such instrument, refer the same to the Collector for determination of the value of consideration, as the case may be, and the proper duty payable thereon. On receipt of reference under Sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. The Collector may suo moto or on receipt of reference from the Inspector-General of Registration or the Registrar of a district, in whose jurisdiction the property of any portion thereof which is the subject-matter of instrument is situated appointed under Registration Act, 1908, shall within three years from the date of registration of any instrument, not already referred to him under Sub-section (1), call for and examine the instrument of the purpose of satisfying himself as to the correctness of its value of consideration; as the case may be, and the duty payable thereon and if after such examination, he has reason to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value of consideration and the duty as aforesaid in accordance with the procedure provided for in Sub-section (2), and the deficient amount of duty, if any, shall be payable by the person liable to lay the duty: Provided that the Collector shall, within a period of two years from the date of commencement of the Indian Stamp (Haryana Amendment) Act, 1973 also be competent to act as aforesaid in respect of the instruments registered on or after the first day of November, 1966 and before the first day of October, 1970. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, within thirty days from the date of the order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by the rules made under this Act.] When the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. In every other case, the person so impounding an instrument shall send it in original to the Collector. When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit 322*** refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38; sub- section (2), not being an instrument chargeable 323[with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, he shall adopt the following procedure:- if he is of opinion that such instrument is duly stampeded or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be; if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees ; or, if he thinks fit, 324[an amount not exceeding] ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees: Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section. Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer. [STATE AMENDMENTS 325[Uttarakhand In Section 40 After sub-section (1), the following sub-sections shall be inserted, namely:- "(1-A) The Collector shall also require, alongwith the amount of deficit Stamp Duty of penalty required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of one and half percent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment; Provided that the amount of interest under this sub-section shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority. (1-B) The amount of interest payable under sub-section (1-A) shall be added to the amount due and be also deemed for all purposes to part of the amount required to be paid. (1-C) Where realization of the deficit stamp duty reminded stayed by any order of any court or authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A) shall be payable also for any period during which such order of stay remain in operation. (1-D) Any amount paid or deposited by, or removed, or refundable to a person under the provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess, if any, shall then be adjusted towards the interest, in any, due from him."] Tamil Nadu 326[In Section 40 In sub-section (1) of section 40 for the words "one and a half annas", the words "ten naye paise" shall be substituted; for the words, figure, letters and brackets "[article 34(a) of Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of four annas", the words, figures, letter and brackets "[Article 41(a) of Schedule I] chargeable under section 3 with a duty of twenty-five naye paise" shall be substituted.] Andhra Pradesh 327[In clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41 of the principal Act-- for the expression "article 34 (a)", the expression "article 36 (a)" shall be substituted; for the words "two annas" which stand modified to " four annas " by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words " twenty-five naye paise " shall be substituted.] If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable 328[with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein after prescribed. STATE AMENDMENTS Tamil Nadu 329[In Section 41 for the words "one and a half annas", the words "ten naye paise" shall be substituted; for the words, figure, letters and brackets "[article 34(a) of Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of four annas", the words, figures, letter and brackets "[Article 41(a) of Schedule I] chargeable under section 3 with a duty of twenty-five naye paise" shall be substituted.] Andhra Pradesh 330[After section 41 of the principal Act, the following shall be inserted, namely- : 41-A. Recovery of, stamp duty no levied short levied.-- Where after the commencement of the Indian Stamp (Andhra Pradesh Amendment) Act, 1986, any instrument chargeable with duty has not been duly stamped and registered by any Registering Officer by mistake and remarked as such by the Collector or any audit party, the Collector may, within five years from the date of registration serve a notice on the person by whom the duty was payable requiring him to show cause why the proper duty or the amount required to make up the same should not be collected from him: Provided that where the non-payment was by reason of fraud, collusion or any wilful mis-statement or suppression of facts on contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the Collector may within ten years from the date of registration serve a notice on such person to show cause why the proper duty or the amount required to make up the same should not be collected from him. The Collector or any officer specially authorised by him in this behalf shall, after considering the representation if any, made by the person on whom notice is served under sub-section (1), determine by an order, the amount of duty due from such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount as determined. On payment of the duty the Collector shall add a certificate under section .42. Any person aggrieved by an order under subsection (2) may prefer an appeal before the Commissioner of Survey, Settlement and Land Records, Andhra Pradesh, Hyderabad within three months from the date of such order. Any duty payable under this section shall be recovered as an arrear of land revenue.] 331[In the Indian Stamp Act, 1899, (herein after referred to as the principal Act) as in force in the State of Andhra Pradesh, in section 41-A,- in sub-section (1), in the proviso, for the words "the proper duty or the amount required to make up the same should not be collected from him", the words "the amount required to make up the deficit stamp duty should not be collected from him along with a penalty of three times of the deficit stamp duty", shall be substituted. in sub-section (2),- for the words "the amount of duty", the words" the amount of duty and the penalty", shall be substituted. for the word "duty" occurring at the end, the word "amount" shall be substituted. in sub-section (4) for the word "duty", the word "amount" shall be substituted.] 332[In clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41 of the principal Act-- for the expression "article 34 (a)", the expression "article 36 (a)" shall be substituted; for the words "two annas" which stand modified to " four annas " by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words " twenty-five naye paise " shall be substituted.] When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them. Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person form whose possession it came into the hands of the officer impounding it, or as such person may direct: Provided that-- no instrument which has been admitted in evidence upon payment of duty and a penalty under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate; nothing in this section shall affect the 333Code of Civil Procedure, section 144, clause 3. STATE AMENDMENTS Uttarakhand 334[In Section 42 in the heading, of the words and figures "Sections 35, 40 or 41", the words and figures, "sections 35, 40, 41 or 47-A" shall be substituted. in sub-section (1), for the words and figures "section 40 or section 41", the words and figures, "section 40, section 41 or section 47-A" shall be substituted.] Andhra Pradesh 335[In section 42 of the principal Act,— for the expression "under section 35, section 40 or 41", the expression "under section 35, section 40, section 41 or 41-A" shall be substituted; in the marginal heading for the expression "section 35, 40 or 41, the expression "section 35, 40, 41 or 41-A" shall be substituted.] The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the Stamp-law in respect of such instrument: Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty. When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid. For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified. Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable. Where any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess. STATE AMENDMENTS PONDICHERRY 336[In Section 45 The words "within three months of the order charging the same", the words "within six months from the date of payment" shall be substituted.] Tamil Nadu 337[In Section 45 In sub-section (2) of section 45 of the principal Act, for the words "within three months of the order charging the same", the words "within six months from the date of payment " shall be substituted.] If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument. When any bill of exchange 338[or promissory note] chargeable 339[with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill 340[or note], and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill 341[or note], shall, so far as respects the duty, be deemed good and valid : Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill 342[or note]. STATE AMENDMENTS BIHAR 343[After Section 47 the words "Set forth in the instrument" the words "or is less than even the minimum value determined in accordance with any Rules made under this Act" shall be inserted. In Section 47A of the said Act as inserted by Bihar Act, 19, 1988 the words "after registering" shall be substituted by the words "at the time of admitting".] 344[After Section 47 Section-47-A (1) of the Indian Stamp Act, 1899 (as amended from time to time) shall be substituted by the following:-- "(1) Where the registering officers appointed under the Registration Act, 1908 while registering any instrument of conveyance, exchange, gift, partition or settlement is satisfied that the classification of the property and/or the measurement of the structure contained in the property which is subject matter of such instrument has been set forth wrongly or the market value of the property, which is subject matter of such instrument has been set forth at a lower rate than the Guideline Register of Estimated Minimum Value prepared under the rules framed under the provision of this Act, he shall refer such instrument before registering it to the Collector for determination of the proper market value of such property and the proper duty payable thereon."] HARYANA 345[After Section 47 the following new section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of November, 1966, namely:-- "47 A. Instruments under-valued how to be dealt with.-- If the Registering Officer appointed under the Registration Act, 1908, while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon. On receipt of reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. The Collector may suo motu, or on receipt of reference from the Inspector-General of Registration or the Registrar of a district, in whose jurisdiction the property or any portion thereof which is the subject-matter of the instrument is situate, appointed under the Registration Act, 1908, shall, within three years from the date of registration of any instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination, he has reasons to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with the procedure provided for in sub-section (2); and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty: Provided that the Collector shall, within a period of two years from the date of the commencement of the Indian Stamp (Haryana Amendment) Act, 1973, also be competent to act as aforesaid in respect of the instruments registered on or after the first day of November, 1966 and before the first day of October, 1970. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, within thirty days from the date of the order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act.".] 346[For section 47-A of the Indian Stamp Act, 1899 (hereinafter called the principal Act), the following sections shall be substituted, namely:- "47-A. Instruments under-valued how to be dealt with.- If the market value of any property, which is the subject of any instrument on which duty is chargeable on market value as set forth in such instrument, is less than the minimum value determined in accordance with the rules made under this Act, the Registering Officer appointed under the Registration Act, 1908 (Central Act 16 of 1908), shall after registering the instrument, refer the same to the Collector for determination of market value of such property and the proper duty payable thereon. On receipt of reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner, as may be prescribed by rules, determine the market value of the property and the duty as aforesaid, and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. The Collector may, suo motu or on receipt of reference from the Inspector-General of Registration or the Registrar of a district appointed under the Registration Act, 1908 (Central Act 16 of 1908) in whose jurisdiction the property, or any portion thereof, which is the subject matter of the instrument, is situated, or on the receipt of a report of audit by the Comptroller and Auditor General of India or by any other authority authorized by the State Government in this behalf or otherwise, shall within three years from the date of registration of any instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its market value, and the duty payable thereon and if, after such examination, he has reason to believe that the market value has not been truly set forth in the instrument, he may determine the market value and the duty, as aforesaid, in accordance with the procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. Any person, aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may, within thirty days from the date of the order, prefer an appeal before the Commissioner and all such appeals shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act: Provided that in computing the period aforesaid, the time requisite for obtaining a copy of the order appealed against, shall be excluded: Provided further that no order shall be passed without affording opportunity of being heard to the appellant. The order passed in appeal under sub-section (4) and the order passed by the Collector under sub-section (2) or sub-section (3) shall not be called into question in any Civil Court. "47-B. Functions of Chief Controlling Revenue Authority.- The Chief Controlling Revenue Authority may at any time call for the record of any appeal pending before, or disposed of by the Commissioner. The Chief controlling Revenue Authority under sub-section (1) in any appeal called for under sub-section (1), may examine and pass such orders as he thinks fit: Provided that he shall not under this section pass an order reversing or modifying any proceeding or order of the Commissioner and affecting any question of right without giving an opportunity of being heard to the affected party.] CHHATTISGARH 347[After Section 47 Sub-section (4) shall be omitted. For sub-section (5), the following shall be substituted, namely:- "(5) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal, against such order to the Chief Controlling Revenue Authority, Chhattisgarh, in such manner as may be prescribed." In sub-section (6), the words, "first and second" shall be omitted. For sub-section (8), the following shall be substituted, namely:- "(8) The order passed in appeal or, where no appeal is preferred, the order passed by the Collector under sub-section (2) or sub-section (3) shall be final and shall not be called into question in any Civil Court or before any other authority whatsoever."] 348[After Section 47 After sub-section (3-A), the following sub-section (4) shall be added, namely:-- "(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, in the prescribed manner appeal against such order to the Commissioner of the Division or Officer so appointed by the State Government, by notification in the Official Gazette." For sub-section (5), the following sub-section shall be substituted, namely:-- "(5) Any person aggrieved by an order passed in appeal under sub-section (4) may, in the prescribed manner appeal against such order to the Chief Controlling Revenue Authority, Chhattisgarh." After the word "Every" in the first line of sub-section (6), the following word shall be inserted, namely;-- "first and second" For sub-section (8), the following sub-section shall be substituted, namely:-- "(8) The order passed in second appeal or, where no second appeal is preferred, the order passed in first appeal, shall be final and subject to orders passed in first or second appeal, as the case may be, the order passed by the Collector under sub-section (2) or sub-section (3) shall be final and shall not be called into question in any Civil Court or before any other Authority whatsoever,"] GOA After Section 47 In section 47A-- 349[for the expression "conveyance, exchange or gift", wherever it occurs, the expression "conveyance, exchange, gift, certificate of sale, deed of partition, power of attorney, deed of settlement or transfer of lease by way of assignment" shall be substituted;] 350[in sub-section (3), after the existing proviso, the following proviso shall be inserted, namely:-- "Provided that nothing in this sub-section shall apply to any instrument of certificate of sale, deed of partition, power of attorney, deed of settlement or transfer of lease by way of assignment registered before the date of commencement of the Indian Stamp (Goa Amendment) Act, 2013.] 351[In Section 47 The following section shall be inserted namely:-- "47A. Instruments of conveyance, etc. undervalued how to be dealt with.-- If the registering officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property which is the subject matter of conveyance, exchange or gift has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of conveyance, exchange or gift and the duty as aforesaid, and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may on his own motion or otherwise, within two years from the date of registration of any instrument of conveyance, exchange or gift not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property as set forth in such instrument, which is the subject matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to the Civil Judge, Senior Division and all such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. Explanation:-- For the purposes of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the Civil Judge, Senior Division, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift.".] 352[After Section 47 The following section shall be inserted namely:- "47A. Instruments of conveyance, etc. undervalued how to be dealt with.- If the registering officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property which is the subject matter of conveyance, exchange or gift has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject-matter of conveyance, exchange or gift and the duty as aforesaid, and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may on his own motion or otherwise, within two years from the date of registration of any instrument of conveyance, exchange or gift not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property as set forth in such instrument, which is the subject-matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975 Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to the Civil Judge, Senior Division and all such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. Explanation.-For the purposes of this Act market value of any property shall be estimated to be the price which in the opinion of the Collector or the Civil Judge, Senior Division, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift."] [MADHYA PRADESH 353[After Section 47 The following sub-section shall be substituted namely:- "(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, in the prescribed manner appeal against such order to the Commissioner who may either himself decide the appeal or transfer it to the Additional Commissioner of the Division".] 354[After Section 47 The following section shall be inserted, namely:-- "47-A Instruments under valued how to be dealt with. If the registering officer appointed under the Registration Act, 1908 (No. XVI of 1908) while registering any instrument has reason to believe that the market value of the property which is the subject matter of such instrument has not been truly set forth in the, instrument, he may, after registering such-instrument, refer the same to the Collector for determination of market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner, as may be prescribed, determine the market value of the property which is the subject matter of such instrument and the duty as aforesaid. The difference, if any, in the amount of duty shall be payable by the person liable to pay the duty. The Collector may suo motu, within five years from the date of registration of any instrument not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of any such instrument and the duty payable thereon and if after such examination, he has reason to believe that the market value of such property has not been truly, set-forth in the instrument, he may determine the market value of such property and the duty as aforesaid in ' accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered prior to the date of the, commencement of the Indian Stamp (Madhya Pradesh Amendment) Act, 1975. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may in the prescribed manner appeal against such order to the Commissioner of the division. Any person aggrieved by an order passed in appeal under sub-section (4) may in the prescribed manner appeal against such order to the Chief Controlling Revenue Authority, Madhya Pradesh. Every first and second appeal shall be filed within thirty days from the date of the communication of the order against which the appeal is filed, along with a certified copy of the order to which objection is made, and shall be presented and verified in such manner as may be prescribed: Provided that in computing the period aforesaid, the time requisite for obtaining a copy of the order appealed against shall be excluded. The appellate authority shall follow such procedure as may be prescribed: Provided that no order shall be passed without affording opportunity of being heard to the appellant. The order passed in second appeal or, where no second appeal is preferred the order passed in first appeal shall be final and subject to orders passed in first or second appeal, as the case may be, the order passed by the Collector under sub-section (2) or sub-section (3) shall be final and shall not be called into question in any Civil Court or before any other authority whatsoever. Explanation.-- For the purpose of this Act, Market value of any property other than the property which is the subject matter of conveyance by or on behalf of the Central Government or the State Government or any authority or body incorporated by or under any law for the time being in force, shall be estimated to be the price which in the opinion of the Collector or the Appellate Authority, as the case may be, such property would have fetched or fetch if sold in the market on the date of execution of instrument. Market value of any property which is subject matter of conveyance by or on behalf of the Central Government or the State Government or any authority or body incorporated by or under any law, for the time being in force, shall be the value shown in the instrument".] MEGHALAYA 355[After Section 47 The following new Section as Section 47A, shall be inserted, namely:- 47A. "Instruments under-valued how to be dealt with:- If registering officer appointed under the Indian Registering Act, 1908, while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Deputy Commissioner, for determination of the value or consideration, as the case may be, and the proper duty payable thereon. On receipt of the reference under sub-section (1), the Deputy Commissioner shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, by order, determine the value of the property or the consideration and the duty aforesaid; and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on payment of such duty, the Deputy Commissioner shall endorse a certificate of such payment on the instrument under his seal and signature. The Deputy Commissioner may, suo motu, within six months from the date of registration of any instrument not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon, and if after such examination, he has reason to believe that the value of consideration has not been truly set forth in the instrument, she may determine the value or consideration and the duty aforesaid in accordance with procedure provided for in sub-section (2); and the deficient amount of duty if any, shall be payable by the person liable to pay the duty and, on the payment of such duty the Deputy Commissioner shall endorse a certificate of such payment on the instrument under his seal and signature. Any person aggrieved by an order of the Deputy Commissioner under sub-section (2) or sub-section (3) may appeal to the Meghalaya Board of Revenue. An appeal under sub-section (4) shall be filed within 90 (ninety) days of the date of the order sought to be appealed against."] PONDICHERRY 356[After Section 47 The following section shall be inserted, namely:- "47-A. Instruments of conveyance, etc., under-valued how to be dealt with If the registering officer appointed under the Indian Registration Act, 1908 (Central Act 16 of 1908), while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property which is the subject matter of conveyance, exchange or gift has not been truly set forth in the instrument, he may, after registering such instrument refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of conveyance, exchange or gift and the duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may, suo motu, within two years from the date of registration of any instrument of conveyance, exchange or gift not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject-matter of conveyance, exchange or gift and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (PONDICHERRY Amendment) Act, 1970. (a) Any person aggrieved by an order of the Collector under subsection (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). (b) All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. The appellate authority shall be the Subordinate Judge, or if there are more than one Subordinate Judge, the Principal Subordinate Judge having jurisdiction over the area in which the property concerned is situated. Explanation: For the purposes of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched or fetch, if sold in the open market on the date of execution of instrument of conveyance, exchange or gift".] TRIPURA 357[After Section 47 The following new section shall be inserted namely:-- "47A" Instruments of conveyance etc. undervalued, how to be dealt with :-- If the Registering Officer appointed under the Indian Registration, Act; 1908 (Central Act XVI of 1908), while, registering any instrument of conveyance, exchange, gift or partition, has reason to believe that the value of the property which is the subject matter of the instrument, as has been set forth therein is lower than the market value thereof and proper duty has not been paid he may, after registering such, instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under Sub-Section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of such property and, the proper duty payable thereon and then return the instrument to the Registering Officer after making an endorsement over his signature thereon indicating the market value of the property so determined and the deficient amount of duty, if any, that shall be payable by the person liable to pay the duty. The Collector may, within a period of two years from the date of registration of any instrument of conveyance, exchange, gift or partition, not already sent to him under sub-section (I), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty paid thereon' and if after such examination; he has reasons to believe that the market value of such property, has not been truly set forth in the instrument and the proper duly has not been paid, he may determine the market value thereof and the proper duty payable thereon in accordance with the provision of sub-section (2). The difference; if any between the duty determined by the Collector and the duty already paid shall be payable by the person liable to pay the duty on the instrument; Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Tripura Third Amendment) Act, 1984. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. The State Government shall, by a Notification in the Official Gazette, appoint a person not below the rank of a Secretary of any Department to be the appellate authority referred to in sub-section (4). The amount of deficient duty, if any, shall be paid by deposit into Government Treasury by the person, liable to pay the duty, within a period of thirty days from the date of Notice in this behalf from the Registering Officer and in case of default in payment, such amount shall be recovered as arrears of land revenue. EXPLANATION : For the purpose of this section the market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument of conveyance, exchange gift or portion.] UTTARAKHAND After Section 47 358[For sub-section (1), the following sub-sections shall be substituted, namely- "(1) (a) If the market value of any property which is the subject of any instrument, on which duty is chargeable on the market value of the property as set forth in such instrument, is less than even the minimum value determined in accordance with the rules made under this Act, the registering officer appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the said Act, immediately after presentation of such instrument and before accepting it for registration and taking any action under section 52 of the said Act, require the person liable to pay stamp duty under section 29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instruments for presenting again in accordance with section 23 of the Registration Act, 1908; When the deficit stamp duty required to be paid under clause (a), is paid in respect of any instrument and the instrument is presented again for registration, the registering officer shall certify by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and the residence of the person paying them and register the same; Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty may be paid under clause (a) in the form of impressed stamps containing such declaration as may be prescribed; If any person does not make the payment of the deficit stamp duty after receiving the order referred to in clause (a) and presents the instrument again for registration, the registering officer shall, before registering the instrument, refer the same to the Collector, for determination of the market value of the property and the proper duty payable thereon." 359[(b) in sub-section (3) of section 47-A the following explanation shall be inserted, namely:- "Explanation-The payment of deficit stamp duty by any person under any order of registering officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any instrument under sub section (3)." (c) after sub-section (4), the following sub-section shall be inserted namely:- "(4-A) The Collector shall also require along with the deficit stamp duty or penalty required to be paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one and a half per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment; Provided that the amount of interest under this sub-Section shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority. (4-B) The amount of interest payable under sub section (4-A) shall be added to the amount due and be also deemed for all purposes to be part of the amount required to be paid. (4-C) Where realization of the deficit stamp duty remained stayed by any order of any court or authority and such order of stay is subsequently vacated, the interest referred to in sub-section (4-A) shall be payable also for any period during which such order of stay remained in operation. (4-D) Any amount paid or deposited by or recovered from, or refundable to, a person under the provision of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess if any, shall then be adjusted towards the interest, if any, due from him."] PUNJAB 360[After Section 47 The following section shall be inserted, namely:-- "47-A. Instruments under valued how to be dealt with. If the Registering Officer appointed under the Registration Act, 1908 (Central Act No. 16 of 1908), while registering any instrument relating to the transfer of any property, has reason to believe that the value of the property or consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector, for determination of the value of the property or the consideration, as the case may be, and the proper duty payable thereon. On receipt of reference under sub-section (1), the Collector shall, after giving the parties reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. The Collector may suo motu, or on receipt of reference from the Inspector General of Registration or the Registrar of a district, appointed under the Registration Act, 1908 (Central Act No. 16 of 1908), in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situate, shall, within two years from the date of registration of any instrument, not already referred to him under sub-section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination he has reason to believe that the value of consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, within thirty days from the date of that order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act. Explanation.--For the purpose of this section, value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer of such property.".] 361[After Section 47 for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) If the market value of any property, which is the subject of any instrument on which duty is chargeable on market value as set forth in such instrument, is less than even the minimum value as determined in accordance with the rules made under this Act, the Registering Officer appointed under the Registration Act, 1908, shall, after registering the instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon."; and in sub-section (4), for the words "District Judge", the word "Commissioner" shall be substituted.] 362[After Section 47 in section 47-A,-- for sub-section (2), the following sub-section shall be substituted, namely :-- "(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules under this Act, determine the value or consideration and the duty as aforesaid, and the deficient amount of duty, if any, alongwith interest at the rate of twelve per cent per annum on such deficient amount, shall be payable by the person liable to pay the duty from the date of registration of the instrument relating to such property to the date of payment of deficient amount of the duty; Provided that a person shall also be liable to pay penal interest at the rate of three per cent per annum, if there was an intentional omission or lapse on his part in not setting forth the correct market value of such property."; and In sub-section (3), for the words "if any, would be payable by the person liable to pay the duty.", the following shall be substituted, namely :-- "if any, along with interest at the rate of twelve per cent per annum on such deficient amount, would be payable by the person liable to pay the duty from the date of registration of the instrument relating to such property to the date of payment of deficient amount of the duty : Provided that a person shall also be liable to pay penal interest at the rate of three per cent per annum, if there was an intentional omission or lapse on his part in not setting forth the correct market value of such property.".] 363[After Section 47 for sub-section (3), the following sub-section shall be substituted, namely: -- "(3) The Collector may, suo moto, or on the receipt of a reference from the Inspector General of Registration or Registrar of a District appointed under the Registration Act, 1908 (Central Act No. 16 of 1908), in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situated or on the receipt of a report of audit by the Comptroller and Auditor General of India or by any other authority authorised by the State Government in this behalf or otherwise, within a period of three years from the date of the registration of an instrument, call for and examine any instrument for the purposes of satisfying himself as to the correctness of the value of the property or of the consideration disclosed and of all other facts and circumstances affecting the chargeability of the instrument or as to the true character and description thereof and the amount of the duty with which it was chargeable and if after such examination, he has reason to believe that proper duty has not been paid, he may, after giving the person concerned reasonable opportunity of being heard and after holding an enquiry in the manner provided under sub-section (2), determine the value of the property or the consideration or the character or description of instrument and the duty with which it was chargeable and the deficient amount of duty, if any, would be payable by the person liable to pay the duty,".] UTTAR PRADESH 364[After Section 47 In Section 47-A, In sub-section (4), for the words "two years", the words "four years" shall be substituted and be deemed always to have been substituted.] 365[After Section 47 A in subsection (1) for the words, "is less than that determined in accordance with any rules made under this Act", the words, "is less than even the minimum value determined in accordance with any rules made under this Act" shall be substituted, in sub-section (4), for the words, "or on a reference from Chief Inspector of Stamps, Uttar Pradesh" the words, "or on a reference from any court or from the Chief Inspector of Stamps, Uttar Pradesh or any officer of the Stamp Department of the Board of Revenue," shall be substituted.] 366[After Section 47 In section 47-A of 'he principal Act-- in sub-section (1) for the words, "of conveyance, exchange, gift, settlement, award or trust" the words "on which duty is chargeable on the market value of the property" shall be substituted; in sub-section (2) for the words "of conveyance, exchange, gift, settlement, award or trust" where they occur for the first time, the words "on which duty is chargeable on the market value of the property" and for the said words where they occur for the second time, the words "of such instrument" shall be substituted; in sub-section (3), for the words "of conveyance, exchange, gift, settlement, award or trust," the words "of the instrument" shall be substituted ', in sub-section (4) for the words, "of conveyance, exchange, gift, settlement, award or trust," where they occur for the first time, the words "on which duty is chargeable on the market value of the property" and for the said words, where they occur for the second time, the words "of such instrument" shall be substituted.] TAMIL NADU 367[After Section 47 The following section shall be inserted, namely:-- "47-A. Instruments of conveyance, etc., under-valued, how to be dealt with.-- If the registering officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908) while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property which is the subject-matter of conveyance, exchange or gift has not been truly set forth in the instrument, he may after registering such instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject-matter of conveyance, exchange or gift and the duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may suo motu, within two years from the data of registration of any instrument of conveyance, exchange or gift not already referred to him under sub-section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject-matter of conveyance, exchange or gift and the duty payable thereon and if after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Madras Amendment) Act, 1967. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. The appellate authority shall be-- in the City of Madras, the Madras City Civil Court; and elsewhere-- the Subordinate Judge, or if there are more than one Subordinate Judge, the principal Subordinate Judge having jurisdiction over the area in which the property concerned is situated; or if there is no such Subordinate Judge, the District Judge having jurisdiction over the area aforesaid. Explanation.-- For the purpose of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched or fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift.".] 368[After Section 47 For the words "exchange or gift" wherever they occur, the words "exchange, gift, release of benami right or settlement" shall be substituted.] 369[After Section 47 The following section shall be inserted namely:-- "47-B. Stamp duty chargeable for instrument of rectification.-- Where an instrument purports to rectify any error in the description of property as set out in any previous instrument calling within the purview of section 47-A, then, the amount of duty chargeable on such instrument of rectification shall be the amount chargeable on it under Schedule I less the amount of duty, if any, already paid in respect of such previous instrument.";] 370[After Section 47-A for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) The Registering Officer appointed under the Registration Act, 1908 (Central Act XVI of 1908) while registering any instrument of conveyance, dissolution of partnership, exchange of property, gift, partition, release or settlement shall estimate the market value of the property which is the subject matter of such instrument as per the market value guidelines of properties prepared by the "Valuation Committee" constituted under Section 47-AA and communicate the said estimated value to the parties concerned and unless the parties pay the duty on the basis of such valuation, he shall keep pending the process of registration of such instrument and refer the matter within a month along with a copy of such instrument to the Collector for determination of the market value of such property and the proper duty payable thereon."; in sub-section (2), for the expression "subject matter of conveyance, exchange, gift, release of benami right or settlement and the duty as aforesaid", the expression "subject matter of any instrument of, conveyance, dissolution of partnership, exchange of property, gift, partition, release or settlement and the duty payable thereon within a period of ninety days from the date of receipt of such reference. " shall be substituted; in sub-section (3),-- for the expression "any instrument of conveyance, exchange, gift, release of benami right or settlement", the expression "any instrument of, conveyance, dissolution of partnership, exchange of property, gift, partition, release or settlement" shall be substituted; for the expression "conveyance, exchange, gift, release of benami right or settlement", the expression "conveyance, dissolution of partnership, exchange of property, gift, partition, release or settlement" shall be substituted; in sub-section (4), for the expression "interest at two per cent per month on such amount for the entire period of default", the following shall be substituted, namely:-- "interest at one per cent per month on such amount for the entire period of default: Provided that where a person has preferred an Appeal against the order under sub-section (2) or sub-section (3), the interest payable under this sub-section shall be postponed till the disposal of Appeal and shall be calculated on the amount that becomes due in accordance with the final order passed in appeal as if such amount had been determined under sub-section (2) or sub-section (3), as the case may be."; to sub-section (5), the following Proviso shall be added, namely:-- "Provided that no Appeal shall be entertained unless the person aggrieved has deposited in such manner as may be prescribed twenty-five per cent of the difference in the amount of duty determined and payable under sub-section (2) or sub-section (3), as the case may be"; in sub-section (6),-- after the words "suo motu ", the words "or otherwise, " shall be inserted; for the expression "pass such order thereon as he thinks fit", the expression "pass such order thereon as he thinks fit, within such time as may be prescribed" shall be substituted; after sub-section (10), the following sub-section shall be inserted, namely:-- "(11) Where the duty paid is found to be in excess as a result of an order passed on Appeal or Revision, the excess duty paid shall be refunded."; the Explanation shall be omitted. after Section 47-A, the following Section shall be inserted, namely:-- "47-AA. Constitution of Valuation Committee.-- The State Government shall, by notification, constitute a Valuation Committee under the Chairmanship of Inspector-General of Registration and such other member as may be specified for estimation, publication and revision of market value guidelines of properties in any area in the State at such intervals and in such manner as may be prescribed, for the purpose of Section 47-A. The Valuation Committee is the final authority for the formulation of policy, methodology and administration of the market value guidelines in the State and may for the said purpose constitute valuation subcommittee in each district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines. The sub-committee so constituted shall function under the Valuation Committee and shall follow such procedures as may be prescribed and shall be subject to reconstitution whenever found necessary.".] 371[After Section 47-A- The following Section shall be inserted, namely:-- "47-AA. Constitution of Valuation Committee.-- The State Government shall, by notification, constitute a Valuation Committee under the Chairmanship of Inspector-General of Registration and such other member as may be specified for estimation, publication and revision of market value guidelines of properties in any area in the State at such intervals and in such manner as may be prescribed, for the purpose of Section 47-A. The Valuation Committee is the final authority for the formulation of policy, methodology and administration of the market value guidelines in the State and may for the said purpose constitute valuation subcommittee in each district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines. The sub-committee so constituted shall function under the Valuation Committee and shall follow such procedures as may be prescribed and shall be subject to reconstitution whenever found necessary.".] 372[In section 47-A of the principal Act.-- In sub-section (3), for the expression "The Collector may, suo motu, within two years", the expression "The Collector may suo motu or otherwise, within five years", shall be substituted; for sub-sections (4) and (5), including the Explanation thereto, the following sub-sections shall be substituted, namely:-- "(4) Every person liable to pay the difference in the amount of duty under sub-section (2) or sub-section (3) shall, pay such duty within such period as may be prescribed. In default of such payment, such amount of duty outstanding on the date of default shall be a charge on the property affected in such instrument. On any amount remaining unpaid after the date specified for its payment, the person liable to pay the duty shall pay, in addition to the amount due, interest at two percent per month on such amount for the entire period of default. (5) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to such authority as may be prescribed in this behalf. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. (6) The Chief Controlling Revenue Authority may, suo motu, call for and examine an order passed under sub-section (2) or sub-section (3) and if such order is prejudicial to the interests of revenue, he may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order and may pass such order thereon as he thinks fit. (7) The Chief Controlling Revenue Authority shall not initiate proceedings against any order passed under sub-section (2) or sub-section (3) if,-- the time for appeal against that order has not expired; or more than five years have expired after the passing of such order. (8) No order under sub-section (6) adversely affecting a person shall be passed unless that person has had a reasonable opportunity of being heard. (9) In computing the period referred to in clause (b) of sub-section (7), the time during which the proceedings before the Chief Controlling Revenue Authority remained stayed under the order of a Court shall be excluded. (10) Any person aggrieved by an order of the authority prescribed under sub-section (5) or the Chief Controlling Revenue Authority under sub-section (6) may, with in such time and in such manner, as may be prescribed by rules made under this Act, appeal to the High Court. Explanation.-- For the purpose of this Act, market value of any property shall be estimated to be the price which, in the opinion of the Collector or the Chief Controlling Revenue Authority or the High Court, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange, gift, release of benami right or settlement".] 373[374[47-A. Instruments of conveyance etc., undervalued how to be dealt with.-- If the registering officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908) while registering any instrument of conveyance, 375[exchange, gift, release of benami right or settlement] has reason to believe that the market value of the property of which is the subject matter of conveyance 376[exchange, gift, release of benami right or settlement], has not been truly set forth in the instrument he may, after registering such instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of conveyance, 377[exchange, gift, release of benami right or settlement], and the duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. 378[The Collector may, suo motu or otherwise, within five years] from the date of registration of any instrument of conveyance, 379[exchange, gift, release of benami right or settlement], not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of conveyance, 380[exchange, gift, release of benami right or settlement], and the duty payable thereon and if after such examination, he has reason to believe that the market value of the property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the persons liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of commencement of the Indian Stamp (Madras Amendment) Act, 1967. 381[Every person liable to pay the difference in. the amount of duty under sub-section (2) or sub-section (3) shall, pay such duty within such period as may be prescribed. In default of such payment, such amount of duty outstanding on the date of default shall be a charge on the property affected in such instrument. On any amount remaining unpaid after the date specified for its payment, the person liable to pay the duty shall pay, in addition to the amount due, 382[interest at one per cent per month on such amount for the entire period of default : Provided that where a person has preferred an appeal against the order under sub-section (2) or sub-section (3), the interest payable under this sub-section shall be postponed till the disposal of appeal and shall be calculated on the amount that becomes due in accordance with the final. order passed in appeal as if such amount had been determined under subsection (2) or sub-section (3), as the case may be.] Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to such authority as may be prescribed in this behalf. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. 383[Disposal of pending appeals.-All appeals preferred under sub-section (4) of section 47-A of the principal Act and pending before the appellate authorities specified in subsection (5) of that section, immediately before the date of commencement of this Act, shall be heard and disposed of by such appellate authorities concerned, as if this Act had not been passed.] The Chief Controlling Revenue Authority may, suo motu, call for and examine an order passed under sub-section (2) or sub-section (3) and if such order is prejudicial to the interests of revenue, he may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order and may pass such order thereon as he thinks fit. The Chief Controlling Revenue Authority shall not initiate proceedings against any order passed under subsection (2) or sub-section (3) if,- the time for appeal against that order has not expired; or more than five years have expired after the passing of such order. No order under sub-section (6) adversely affecting a person shall be passed unless that person has had a reasonable opportunity of being heard. In computing the period referred to in clause (b) of sub-section (7), the time during which the proceedings before the Chief Controlling Revenue Authority remained stayed under the order of a Court shall be excluded. Any person aggrieved by an order of the authority prescribed under sub-section (5) or the Chief Controlling Revenue Authority under sub-section (6) may, within such time and in such manner, as may be prescribed by rules made under this Act, appeal to the High Court. Explanation.- For the purpose of this Act, market value of any property shall be estimated to be the price which, in the opinion of the Collector or the Chief Controlling Revenue Authority or the High Court, as the case may be such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, 1[exchange, gift, release of benami right or settlement]. 384[47-AA. Constitution of Valuation Committee.- The State Government shall, by notification, constitute a Valuation Committee under the Chairmanship of Inspector-General of Registration and such other member as may be specified for estimation, publication and revision of market value guidelines of properties in any area in the State at such intervals and in such manner as may be prescribed, for the purpose of Section 47-A. The Valuation Committee is the final authority for the formulation of policy, methodology and administration of the market value guidelines in the State and may for the said purpose constitute valuation sub-committee in each district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines. The sub-committee so constituted shall function under the Valuation Committee and shall follow such procedures as may be prescribed and shall be subject to reconstitution whenever found necessary.] 385[47-B. Stamp duty chargeable for instrument of rectification.-- Where an instrument purports to rectify any error in the description of property as set out in any previous instrument falling within the purview of section 47-A, then, the amount of duty chargeable in such instrument of rectification shall be the amount chargeable on it under Schedule I less the amount of duty, if any, already paid in respect of such previous instrument.]] WEST BENGAL After Section 47 386[in sub-section (1), after clause (g), the following clause shall be inserted:- "(ga) lease, including a under-lease or a sub-lease and any agreement to let or sublet for a period exceeding thirty years,";] 387[in sub-section (4), for the words, letter and brackets "or clause (g)", the words, letters and brackets "clause (g), or clause (ga)" shall be substituted; in clause (a) of the proviso to sub-section (8), for the words, letter and brackets "or clause (g),", the words, letters and brackets "clause (g), or clause (ga)," shall be substituted.]]] 388[MIZORAM After section 47 of the principal Act, the following new sections shall be inserted, namely- "47A. Instrument of conveyance, etc. undervalued how to be dealt with.- If the registering officer appointed under the Registration Act, 1908 (Central Act XVI of 1908) while registering any instrument of conveyance, gift, exchange of property; settlement, has reason to believe having regard to the estimated market value published by the Committee constituted under section 47B, if any or otherwise, that the market value of the property which is the subject matter of such instrument has not been truly set forth, he shall, after arriving at the estimated market value, communicate the same to the parties and unless the parties pay the duty on the basis of such valuation, within the period specified by the Registering Officer shall keep pending the process of registration and refer the matter along with a copy of such instrument to the Deputy Commissioner for determination of the market value of property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Deputy Commissioner shall, after giving the parties a reasonable opportunity of being heard and after holding an inquiry in such manner as the State Government may by rules prescribe, determine by order within ninety days from the date of receipt of such reference the market value of the property which is the subject matter of instrument specified in sub-section (1) and the duty payable thereon. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty with interest at twelve percent per annum if he does not pay such difference within ninety days from the date of order of the Deputy Commissioner. The Deputy Commissioner may, suo motu within two years from the date of registration of any instrument specified in sub-section (1) not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of any instrument specified in subsection (1) and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine by order the market value of such property and the duty payable thereon in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty with interest at twelve percent per annum if he does not pay such difference within ninety days from the date of order of the Deputy Commissioner. The order of the Deputy Commissioner under sub-section (2) or (3) shall be communicated to the person liable to pay the duty. A copy of every such order shall be sent to the registering officer concerned. Any person aggrieved by an order of the Deputy Commissioner under sub-section (2) or subsection (3) may, prefer an appeal before the Appellate Authority who is the Inspector General of Registration and all such appeals shall be preferred within such time and be heard and disposed off in such manner as the State Government may by rules prescribe. Provided that no appeal shall be admitted unless the person aggrieved has deposited, in the prescribed manner, fifty percent of the difference in the amount of duty as determined by the Deputy Commissioner under sub-section (2) or (3): Provided further that where after the determination of the market value by the Appellate Authority or determined again by the Deputy Commissioner on a remand of the case the stamp duty borne is found to be sufficient, the amount deposited shall be returned to the person concerned: Provided also that such person shall pay the difference in duty along with interest at twelve percent per annum if he does not pay such difference within ninety days from date of order of the Deputy Commissioner or sixty days from the date of order of the Appellate Authority. 47B. Constitution of Valuation Committee.- The State Government may, by notification, constitute a Valuation Committee, under the chairmanship of Inspector General of Registration and Commissioner of Stamps, for estimation, publication and revision of market value guidelines of properties in any area in the State at such intervals and in such manner as may be prescribed, for the purpose of section 47A. The Valuation Committee is the final authority for the formulation of policy, methodology and administration of the market value guidelines in the State and may for the said purpose constitute market valuation sub-committees in each sub-district and district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines in the State. Sub-committees so constituted shall function under the Valuation Committee and shall follow such procedures as may be prescribed and shall be subject to reconstitution whenever found necessary.] ANDHRA PRADESH 389[In section 47-A of the principal Act for the words "or settlement", the words "settlement or, release" and for the words "he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon", the words "he may, keep pending such instrument and refer the matter to the Collector for determination of market value of such property and proper duty payable thereon", shall respectively be substituted.] 390[In the Indian Stamp Act, 1899( Central Act II of 1899) as in force in the State of Andhra Pradesh, in section 47-A,- after sub-section (3), the following sub-section shall be inserted, namely:- "(3-A) (i) The Inspector General may suo-motu, call for and examine the record of any order passed or proceeding recorded by the Collector under sub-section (3), and if such order or proceeding recorded is found leading to loss of legitimate revenue due to disregard of market value by the Collector, based on mistake, omission, or failure to take any factual evidence effecting the market value of the property, may make such enquiry, or cause such enquiry and inspection of the property to be made and subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order or proceeding and may pass such order in reference thereto as he thinks fit: Provided that the powers conferred under this clause shall be invoked within a period of six months from the date of the order or proceeding issued by the Collector under sub-section (3); (ii) the power under clause (i) shall not be exercised by the authority specified therein in respect of any issue or question which is the subject matter of an appeal before, or which was decided on appeal by the appellate authority under subsection (5); (iii) no order shall be passed under clause (i) enhancing any duty unless an opportunity has been given to the party to show cause against the proposed revision of market value and deficit stamp duty; (iv) where any action under this sub-section has been deferred on account of any stay order granted by the Court in any case, or by reason of the fact that another proceeding is pending before the Court involving a question of law having a direct bearing on the order or proceeding in question, the period during which the stay order was in force or such proceeding was pending shall be excluded in computing the period of six months specified in the proviso to clause (i) of this section for the purposes of exercising the power Under this subsection."; after sub-section (4), the following sub-section shall be inserted namely:- "(4-A) Any person aggrieved by the order of the Inspector General under sub-section (3-A) may appeal to the High Court within a period of two months from the date of receipt of such order.".] 391[In section 47-A of the principal Act, for sub-section (3-A), the following shall he substituted, namely:- "(3A) (i) The Inspector General may suo moto, call for and examine the record of any order passed or proceedings recorded by the Collector under sub-section (2) or sub-section (3) and if such order or proceeding recorded is found leading to loss of legitimate revenue due to disregard of market value by the Collector based on mistake, omission, or failure to take into account, any direct or collateral factual evidence affecting the market value of the property involved in the case referred under sub-section (2) or sub-section (3) as the case may be may make such enquiry or cause such enquiry and inspection of the property to be made and subject to the provision of this Act may initiate proceedings to revise, modify or set aside such order or proceeding and may pass such order in reference thereto as he thinks fit determining the market value and corresponding deficit stamp duty: Provided that such action for revision shall be initiated within a period of one year from the date of the order or proceedings issued by the Collector acting under sub-section (2) or sub-section(3); (ii) the power under clause (i) shall not be exercised by the authority specified therein in respect of any issue or question which is the subject matter of an appeal before, or which was decided an apneal by, the appellate authority under sub-section (5); (iii) no order shall be passed under clause (i) enhancing any duty unless an opportunity has been given to the party to show cause against the proposed revision of market value and deficit Stamp Duty; (iv) where any action under this sub-section has been deferred in respect of any reference under sub-section (2) or sub-section (3) on account of any stay order granted by the court in any case or by reason of the fact that another proceeding is pending before the court involving a question of law having a direct bearing on the order or proceeding in question, the period during which the stay order was in force or such proceeding was pending shall be excluded in computing the period of one year specified in the proviso to clause (i) of this section for the purpose of exercising the power under this sub-section.".] 392[After section 47 of the principal Act, the following section shall be inserted, namely:-- "47-A. Instruments of conveyance, etc. under valued how to be dealt with. Where the registering officer appointed under the Registration Act, 1908 (Central Act 16 of 1908), while registering any instrument of conveyance, exchange, gift, partition or settlement, has reason to believe that the market value of the property which is the subject-matter of such instrument has not been truely set forth in the instrument, he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties opportunity of making their representation and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject-matter of such instrument and the duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may suo motu within two years from the date of registration of such instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject-matter of such instrument and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been truely set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2). The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of commencement of the Indian Stamp (Andhra Pradesh Amendment) Act, 1971. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within such time and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. The appellate authority shall be,-- in the cities of Hyderabad and Secunderabad, the City Civil Court; elsewhere-- the Subordinate Judge or if there are more than one Subordinate Judge, the Principal Sub-ordinate Judge, having jurisdiction over the area in which the property concerned is situated; or if there is no such Subordinate Judge, the District Judge having jurisdiction over the area aforesaid. For the purposes of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched or would fetch if sold in the open market on the date of execution of the instrument of conveyance, exchange, gift, partition or settlement.".] ODISHA 393[In Section 47-A of the principal Act, in Sub-section (2-a), for the words "two years" the words "three years" shall be substituted.] 394[In Section 47-A of the Principle Act, for sub-sections (1), (2) and (2-A), the following sub-sections shall be substituted, namely:- "(1) Where the registering officer under the Registration Act, 16 of 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement has reason to believe that the market value of the property which is the subject matter of such instrument has not been truly set forth in the instrument, he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon. (2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties an opportunity of making their representations and after holding an enquiry in such manner as may be prescribed by Rules made under this Act, determine the market value of the property which is the subject matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by the person liable to pay the duty. (2-A)The Collector may suo motu within two years from the date of registration of such instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty".] 395[After Section 47 of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to as the principal Act); the following new section shall be inserted, namely : "47-A. Instruments under-valued how to be dealt with.-- If the registering officer appointed under the Indian Registration Act, 1908, while registering any instrument transferring any property has reasons to believe that the value of the property, or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon. On receipt of a reference under Sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and attar holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. Any person aggrieved by an order of the Collector under Subsection (2) may, within thirty days from the date of the order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act.] 396[In Section 47-A of the Indian Stamp Act, 1899,- for Sub-section (1) the following sub-section shall be substituted, namely : "(1) Where the registering officer under the Registration Act, 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this Act, he shall, before registering such instrument, refer the matter to the Collector, with an intimation in writing to the person concerned, for determination of the market value of such property and the proper duty payable thereon."; and in Sub-section (2-a) for the words "truly set forth in the instrument", the words "rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this Act" shall be substituted.] 397[In section 47-A of the Indian Stamp Act 1899 (Act 2 of 1899)-- after sub-section (2), the following new sub-section shall be inserted, namely:-- "(2-a) The Collector may suo motu, within two years from the date of registration of any instrument not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination, he has reasons to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with the procedure provided for in sub-section (2); and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty."; in sub-section (3), after the word, brackets and figure "sub-section (2)" the words, brackets, figure and letter "or sub-section (2-a)" shall be inserted.] 398[In Section 47-A of the Principle Act, for sub-sections (1), (2) and (2-A), the following sub-sections shall be substituted, namely:- "(1) Where the registering officer under the Registration Act, 16 of 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement has reason to believe that the market value of the property which is the subject matter of such instrument has not been truly set forth in the instrument, he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon. (2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties an opportunity of making their representations and after holding an enquiry in such manner as may be prescribed by Rules made under this Act, determine the market value of the property which is the subject matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by the person liable to pay the duty. (2-a) The Collector may suo motu within two years from the date of registration of such instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty".] 399[After Section 47, the following section shall be inserted namely: 47-A. Instruments under-valued how to be dealt with- Where the registering officer under the Registration Act, 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this act, he shall, before registering such instrument, refer the matter to the Collector with an intimation in writing to the person concerned, for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1), the Collector shall, after giving the parties an opportunity of making their representations and after holding an enquiry in such manner as may be prescribed by Rules made under this Act, determine the market value of the property which is the subject matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by the person liable to pay the duty. (2-A) The Collector may suo motu within three years from the date of registration of such instrument examine the instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been rightly set forth in the instrument or is less than the minimum value determine in accordance with the procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. Any person, aggrieved by an order of the Collector under Sub-section (2) or Sub-section (2-A), may, within thirty days from the date of the order, prefer an appeal before the District Judge and all such appeals shall be heard, and disposed of in such manner as may be prescribed by rules made under this Act. Note- The Indian Stamp (Odisha Second Amendment) Act, 1986 (Odisha Act No. 7 of 1987), section 9.] GOA, DAMAN AND DIU 400[After section 47 of the principal Act, the following section shall be inserted namely:-- "47A. Instruments of conveyance, etc. undervalued how to be dealt with.-- If the registering officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property which is the subject matter of conveyance, exchange or gift has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon. On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of conveyance, exchange or gift and the duty as aforesaid, and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty. The Collector may on his own motion or otherwise, within two years from the date of registration of any instrument of conveyance, exchange or gift not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property as set forth in such instrument, which is the subject matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in sub-section (2) and, thereupon, the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975. Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3), may appeal to the Civil Judge, Senior Division and all such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act. Explanation:-- For the purposes of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the Civil Judge, Senior Division, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift.".] All duties, penalties and other sums required to be paid under this Chapter may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land-revenue. STATE AMENDMENTS MADHYA PRADESH 401[After Section 48 The following Section shall be inserted, namely:- "48.B. Original instrument to be produced before the Collector in case of deficiency. Where the deficiency of stamp duty is noticed from a copy of any instrument, the Collector may, by order, require the production of original instrument from a person in possession or in custody of the original instrument for the purpose of satisfying himself as to the adequacy of amount of duty paid thereon, If the Original Instrument is not produced before him within the period specified in the order it shall be presumed that the original document is not duly stamped and the Collector may proceed in the manner provided in this chapter. Provided that no action under this Section shall be taken after a period of five years from the date of execution of such instrument".] PUNJAB 402[In Section 48 The words "All duties, penalties and other sums", the words "All duties, penalties, interest, penal interest and other sums" shall be substituted.] UTTAR PRADESH 403[In Section 48 The following section shall be substituted, namely: -- "48. Recovery of duties and penalties.- All duties, penalties and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due or by any other process for the time being in force for the recovery of arrears of land revenue."]]] ANDHRA PRADESH 404[Section 48 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following shall be added, namely;- "(2) All duties, penalties and other sums required to be paid under this Chapter, shall be a charge on the properties of the person liable to pay the duties, penalties and other sums: Provided that such a charge shall be deemed to be applicable to all cases which are pending recovery and to the proceedings initiated under sub-section (1). (3) Notwithstanding anything contained in the Registration Act, 1908 (Central Act XVI of 1908), a note of such charge and its extinguishments shall be made in the indices prescribed therein and shall be deemed to be a notice under the said Act."] ODISHA 405[For Section 48-A of the Principal Act the following Section shall be substituted, namely:- "48-A. Notwithstanding anything contained in this Act, no certificate or endorsement under this Act in respect of any instrument chargeable in the State of Orissa with a higher rate of duty under this Act, for the time being in force as amended from time to time by the Orissa Acts shall be received in evidence or be in any way valid in respect of the payment of duty on such instrument or in respect of the chargeability of such instrument with duty unless the duty chargeable under the Orissa Act, has been paid on such instrument".] Subject to such rules as may be made by 406[the 407[State Government]] as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance impressed stamps spoiled in the cases herein after mentioned, namely:-- the stamp on any paper inadvertently and un designedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person; the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto; in the case of bills of exchange 408[payable otherwise than on demand] 409[***] or promissory notes- the stamp on 410[any such bill of exchange] 411[***]signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance. Provided that the paper on which any such stamp is impressed, does not bear any signature intended as or for the acceptance of any bill of exchange 412[***] to be afterwards written thereon: the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands: the stamp used or intended to be used for 413[any such bill of exchange] 414[***] or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange 415[***] may have been presented for acceptance or accepted or endorsed, or, being a promissory note, may have been delivered to the payee: provided that another completed and duly stamped bill of exchange 416[***]or promissory note is produced identical in every particular, except in the correction of such commission or error as aforesaid, with the spoiled bill 417[***] or note; the stamp used for an instrument executed by any party thereto which— has been afterwards found to be absolutely void in law form the beginning; has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended; by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed; for what of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended; by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose; becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value; is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value; is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped; Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled. Explanation.-- The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable, has been paid is an impressed stamp within the meaning of this section. The application for relief under section 49 shall be made within the following periods, that is to say,-- in the cases mentioned in clause (d) (5), within two months of the date of the instrument; in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled; in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed: Provided that,-- when the spoiled instrument has been for sufficient reasons sent out of 418[India], the application may be made within six months after it has been received back in 419[India] ; when, form unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument. The Chief Controlling Revenue-authority 420[or the Collector if empowered by the Chief Controlling Revenue-authority in this behalf] may, without limit of time, make allowance for stamped papers used for printed forms of instruments 421[by any banker or] by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said 422[banker], company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid. When any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof.- other stamps of the same description and value; or if required and he thinks fit, stamps of any other description to the same amount in value; or at his discretion, the same value in money, deducting 423[ten naye paise] for each rupee or fraction of a rupee. STATE AMENDMENTS Tamil Nadu 424[In Section 53 For the Words "one anna for each rupee", the words "ten naye paise for each rupee" shall be substituted.] When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting 425[ten naye paise] for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction- that such stamp or stamps were purchased by such person with a bona fide intention to sue them; and that he has paid the full price thereof; and that they were so purchased within the period of six months next preceding the date on which they were so delivered: Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid. STATE AMENDMENTS Tamil Nadu 426[In Section 54 For the Words "one anna for each rupee", the words "ten naye paise for each rupee" shall be substituted.] Notwithstanding anything contained in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub-section (2)of section 14 of the Indian Coinage Act, 1906, upon such person delivering up, within six months from the commencement of the Indian Stamp (Amendment) Act,1958, such stamp or stamps to the Collector.] 427 Notwithstanding anything contained in section 54, when any person is possessed of stamps bearing the inscription "Refugee Relief" (being stamps issued in pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall, upon such person delivering up, within six-month, from the commencement of the Refugee Relief Taxes (Abolition) Act, 1973,such stamps to the Collector, refund to such person the value of such stamps in money or give in lieu thereof other stamps of the same value: Provided that the State Government may, with a view to facilitating expeditious disposal of claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refund.] 428 When any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less: Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the State Government may direct. Explanation.--- A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes :— the issue of two or more debentures in place of one original debenture, the total amount secured being the same; the issue of one debenture in place of two or more original debentures, the total amount secured being the same; the substitution of the name of the holder at the time of renewal for the name of the original holder; and the alteration of the rate of interest or the dates of payment thereof. The powers exercisable by a Collector under Chapter IV and Chapter V 429[and under clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the Chief Controlling Revenue-authority. If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue-authority. Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to asses and charge the duty (if any) in conformity with such decision. STATE AMENDMENTS UTTARAKHAND 430[In Section 56 The following sub-section shall be inserted, namely:- "(1-A) Notwithstanding anything contained in any other provisions of this Act, any person Including the Government aggrieved by any order of the Collector under chapter-IV, chapter-V or under clause (a) of the first proviso to section 26 may, within 60 days from the date receipt of such order, prefer an appeal against such order to the Chairman, Board of Revenue who shall, after giving the parties a reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final. Provided that no application for stay of recovery of any disputed amount of stamp duty including interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the payment of not less than one third of such disputed amount. Provided further that where the Chairman, Board of Revenue passes an order for the stay of recovery of any stamp duty, interest thereon or penalty or for the stay of the operation of any order appealed against and such order results in the stay of recovery of any stamp duty, interest thereon or penalty, such stay order shall not remain in force for more than 30 days unless the appellant furnishes adequate security to the satisfaction of the Collector concern for the payment of the outstanding amount."] The Chief Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or otherwise coming to its notice, and refer such case, with its own opinion thereon,-- 431[if it arises in a State to the High Court for that State; 432[if it arises in the Union territory of Delhi, to the High Court of Delhi;] (bb) 433[***] 434[if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;)] if it arises in the Union territory of the Andaman and NicobarIslands, to the High Court at Calcutta ; 435[***] if it arises in the Union territory of the 436[Lakshadweep],to the High Court of Kerala;] 437[(ee) if it arises in the Union territory of Chandigarh, to the High Court of Punjab and Haryana;]438 439[if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay;] Every such case shall be decided by not less than three Judges of the High Court 440[***] to which it is referred, and in case of difference the opinion of the majority shall prevail. STATE AMENDMENTS PUNJAB 441[(b)if it arises in the Union territory of Delhi to the High Court of Delhi;] 442 [(f) if it arises in the Union Territory of Dadra and Nagar Haveli, to the High Court of Bombay.] HIMACHAL PRADESH 443[Section 57, sub clause (bb) & (c) omitted.] If the High Court 444[***] is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf. The High Court, 445[***] upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded. The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Register; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment. If any Court, other than a Court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court 446[***] to which, if he were the Chief Controlling Revenue-authority, he would, under section 57, refer the same. Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment. Reference made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior. When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals lie form, or references are made by, such first-mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration. If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument. The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the Stamp-law which the Collector considers him to have committed in respect of such instrument : Provided that. –– No such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty; except for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42. Any person -- drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 447[payable otherwise than on demand] 448*** or promissory note without the same being duly stamped ; or executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or voting or attempting to vote under nay proxy not duly stamped; shall for every such offence be punishable with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. STATE AMENDMENTS Uttarakhand 449[In Section 62 The words, 'shall for every such offence, be punishable with fine which may extend to five hundred rupees', shall be substituted as follows, namely:- "shall for every such offence, be punishable with fine which may extend to five thousand rupees".] Arunachal Pradesh 450[In the Indian Stamp Act, 1899 (Act No. 2 of 1899) in its application to the State of Arunachal Pradesh. (i) in section 62, in clause (c), for the words "five hundred rupees", the words "two thousand five hundred rupees" shall be substituted. (ii) in section 62, in sub-section (2), for the words "five hundred rupees", the words "five thousand rupees" shall be substituted.] Any person who,-- being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or being required under sub-section (4) of section 9A to transfer the duty to the State Government within fifteen days of the expiry of the time specified therein, fails to transfer within such time, shall be punishable with fine which shall not be less than one lakh rupees, but which may extend upto one per cent. of the collection or transfer so defaulted. Any person who,-- being required under sub-section (5) of section 9A to submit details of transactions to the Government, fails to submit the same; or submits a document or makes a declaration which is false or which such person knows or believes to be false, shall be punishable with fine of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.] Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section shall, be publishable with fine which may extend to one hundred rupees. STATE AMENDMENTS Tamil Nadu 452[After Section 63 The following section shall be inserted, namely:-- "63-A. Penalty for failure to comply with provisions of section 19-B.-- Where the party fails to pay the difference of duty as required under sub-section (3) or sub-section (4), or any amount as required under sub-section (5), of section 19-B, he shall be punishable with fine which may extend to five thousand rupees.".] Arunachal Pradesh 453[(2) in section 63, for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.] Any person who, with intent to defraud the Government,– executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth; or being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or does any other act calculated to deprive the Government of any duty or penalty under this Act; shall be punishable with fine which may extend to five thousand rupees. STATE AMENDMENTS Uttar Pradesh 454[After Section 64 The following sections shall be inserted, namely:-- "64-A. Penalty for omission to comply with sections 11-A and article 25-A of Schedule I-B Any person who either refuses or neglects to stamp a counter part or duplicate (including counterfoil or carbon copy) of any bill or cash memo on the date of its issue in accordance with Article 25-A of Schedule I-B or fails to pay the duty in cash in accordance with section 11-A or where the same is paid in cash, fails to maintain a proper account thereof in accordance with sub-section (2) of section 11-A, shall for every such offence be punishable with fine which may extend to five hundred rupees. 64-B. Recovery of amount of deficit stamp duty Where any person liable to pay duty under this Act is convicted of an offence under section 62 or 64, in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate shall in addition to any punishment which may be imposed for such offence, direct recovery of the amount of duty and penalty, if any, due under this Act from such person in respect of that instruments, and such amount shall also be recoverable as if it were a fine imposed by the Magistrate. Upon such recovery the Collector shall thereupon certify by endorsement on the instrument that proper duty or penalty, as the case may be, has been levied in respect there of."] Andhra Pradesh 455[In the Indian Stamp Act, 1899, after Section 64, the following section shall be inserted, namely : -- " Recovery of amount of deficit stamp duty.--64-A Where any person liable to pay duty under this Act is convicted of an offence under Section 64 in respect of any instrument (not being an instrument specified in entry 91 of List 1 in the Seventh Schedule to the Constitution) the Magistrate shall, in addition to the punishment which may be imposed for such offence, recover summarily and pay over to the Collector, the amount of duty if any, due under this Act from such person in respect of that instrument and the Collector shall thereupon certify by endorsement on that instrument that proper duty has been levied in respect thereof : Provided that if the person referred to in this sub-section has already paid any amount towards the duty payable under this Act in respect Of the instrument in relation to which such person was convicted, the Magistrate shall recover only the difference in the amount of duty. The amount recoverable under sub-section (1) shall be recovered by the Magistrate, as if it were a fine imposed under the Code of Criminal Procedure 1973 ". Central Act 2 of 1974.] Arunachal Pradesh 456[(3) in section 64, in clause (c), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted.] Orissa 457[In Section 64 of the Principal Act the words "and where the person is liable to pay the duty shall also be liable to pay the deficient amount of duty" shall be added at the end.] 458[TAMIL NADU- after section 64, the following section shall be inserted, namely:-- 64-A. Recovery of amount of deficit stamp duty Where any person liable to pay duty under this Act is convicted of an offence under section 64, in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate shall, in addition to the punishment which may be imposed for such offence, recover summarily and pay over to the Collector, the amount of duty, if any, due under this Act from such person in respect of that instrument and the Collector shall, thereupon certify by endorsement on that instrument that proper duty has been levied in respect thereof: Provided that if the person referred to in this sub-section has already paid any amount towards the duty payable under this Act in respect of the instrument in relation to which such person was convicted, the Magistrate shall recover only the difference in the amount of duty. The amount recoverable under sub-section (1) shall be recovered by the Magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1898 (Central Act V of 1898)] Any person who,– being required under section 30 to give a receipt, refuses or neglects to give the same; or with intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered; shall be punishable with fine which may extend to one hundred rupees. STATE AMENDMENTS Arunachal Pradesh 459[(4) in section 65, in clause (b), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.] Any person who,–– receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy; shall be publishable with fine which may extend to two hundred rupees. STATE AMENDMENTS Arunachal Pradesh 460[(5) in section 66, in clause (b), for the words "two hundred rupees", the words "five hundred rupees" shall be substituted.] Any person drawing or executing a bill of exchange 461[payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist shall be publishable with fine which may extend to one thousand rupees. STATE AMENDMENTS Arunachal Pradesh 462[(6) in section 67, for the words "one thousand rupees", the words "two thousand rupees" shall be substituted.] Any person who,– with intent to defraud the Government to duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of such bill or note, or in any manner negotiate the same; or with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be publishable with fine which may extend to one thousand rupees. STATE AMENDMENTS Arunachal Pradesh 463[(7) in section 68, in clause (c), for the words "one thousand rupees", the words "two thousand rupees" shall be substituted.] Any person appointed to sell stamps who disobeys any rule made under section 74; and any person not so appointed who sells or offers for sale any stamp (other than a 464[ten naye paise for five naye paise] adhesive stamp), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. STATE AMENDMENTS Arunachal Pradesh 465[(8) in section 69, in clause (b), for the words "five hundred rupees", the words "five thousand rupees" shall be substituted.] No prosecution in respect of any offence punishable under this Act or any Act hereby repealed shall be instituted without the sanction of the Collector or such other officer as 466[the 467 [State Government]] generally, or the collector specially, authorises in that behalf. The Chief Controlling Revenue-authority, or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence. The amount of any such composition shall be recoverable in the manner provided by section 48. STATE AMENDMENTS Andhra Pradesh 468[In section 70 of the principal Act, for subsection (2), the following sub-section shall be substituted, namely,- "(2) The Chief Controlling Revenue Authority, or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence by levying a compounding fee which shall include the deficit stamp duty, if any and a penalty of three times of the deficit stamp duty."] No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act. Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found as well as in any district or presidency-town in which such offence might be tried under the Code of Criminal Procedure for the time being in force. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II. Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the following matters, namely:-- the manner of collection of stamp-duty on behalf of the State Government by the stock exchange or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section (1) of section 9A; the manner of collection of stamp-duty on behalf of the State Government by the depository from the transferor under clause (b) of sub-section (1) of section 9A; the manner of collection of stamp-duty on behalf of the State Government by the depository from the issuer under clause (c) of sub-section (1) of section 9A; the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A; any other matter which has to be, or may be, provided by rules.] 473 The Central Government may,-- issue directions relating to such matters and subject to such conditions, as it deems necessary; in writing, authorise the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions, circulars or guidelines, for carrying out the provisions of Part AA of Chapter II and the rules made there under.]474 The 475[State Government] 476[***] may make rules for regulating- the supply and sale of stamps an stamped papers. the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of 477[ten naye paise or five naya paise] adhesive stamps. STATE AMENDMENTS Tamil Nadu 478[In Section 74 After clause (a), the following clause shall be inserted, namely:-- "(aa) the proper use of stamps and stamp papers and the prevention of misuse of such stamp and stamp papers.";] 479[In the section 74 shall be re-numbered as sub-section (1) of that section, and after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:-- " (2) A rule may be made under sub-section (1) so as to have retrospective effect on and from a date not earlier than the 15th September 1965.] The 480[State Government] may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof. STATE AMENDMENTS Bihar 481[After Section 75 the words "Set forth in the instrument" the words "or is less than even the minimum value determined in accordance with any Rules made under this Act" shall be inserted. In Section 47A of the said Act as inserted by Bihar Act, 19, 1988 the words "after registering" shall be substituted by the words "at the time of admitting".]]] 482[All rules made under this Act shall be published in the Official Gazette.] All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act. 483[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 484[Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] STATE AMENDMENTS PUNJAB - 485[Insertion of Section 76 subsection 3- (3) Every rule made by the State Government under this Act shall be shall be laid, as soon as may be after it is made, before the state Legislature.] 487[488[***] The State Government, may, by notification in the Official Gazette], delegate-- all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the Chief Controlling Revenue-authority; and all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45 (1) (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.] STATE AMENDMENTS Uttar Pradesh 489[In Section 76 A In clause (b) for the figures "56(1)" the figures and letter "56(1) (1-A)" shall be substituted. Andhra Pradesh 490[In the Indian Stamp Act, 1899 (Central Act II or 1899) as force in the State of Andhra Pradesh, section 76-A, in clause (a), the word "and" snail be omitted;] 491[in clause (b), the word "and" shall be added at the end; after clause (b), the following the shall be inserted; namely:- all or any of the powers confreres on it by section 9(1) (b) to the Commissioner and Inspector General of Registration and Stamps."] PUNJAB 76-A. Delegation of certain powers. The State Government may, by notification in the Official Gazette]3, delegate]492 all or any of the powers conferred on it by Sections 2(9), 33(3)(b), 70(1), 74 and 78 to the Chief Controlling Revenue-authority, and all or any of the powers conferred on the Chief Controlling Revenue-authority by Sections 45(1), (2), 56(1) and 70(2) (2) such subordinate Revenue authority as may be specified in the notification. Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fee. STATE AMENDMENTS HIMACHAL PRADESH 493[In Section 77 The following words shall be inserted, namely:- "Except for the provisions as to copies contained in section 6-A".] GOA 494[In Section 77 The words "Nothing in this Act", the words, figure and letter "Except for the provision as to copies of instruments contained in section 6-A, nothing in this Act" shall be substituted.]] GOA, DAMAN AND DIU 495[In section 77 of the principal Act, for the words "Nothing in this Act", the words, figure and letter "Except for the provision as to copies of instruments contained in section 6-A, nothing in this Act" shall be substituted.] All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purpose of this Act.] STATE AMENDMENTS Orissa 497[After Section 77 of the principal Act the following new section shall be inserted, namely : 77-A. Fractions of five naye paise to be rounded off.-- In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of five naye paise shall be rouned of to the next higher five naye paise."]] 498[Section 77-A of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to as the principal Act), shall be omitted.] Every State Government shall make provision for the sale of translations of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding 499[twenty-five naye paise] per copy. STATE AMENDMENTS ASSAM 500[In Section 78 the following shall be substituted, namely,-- "If the total amount of duty payable, or of allowance to be made under this Act is not a round figure, the total amount shall be rounded off the next rupee."] GOA 501[In Section 78 The following section shall be substituted, namely:-- "78. Duty or allowance to be rounded off to the next higher multiple of five paise.-- If the total amount of duty payable, or of allowance to be made, under this Act is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise.".] 502[In Section 78 The following section shall be substituted, namely:- "78. Duty or allowance to be rounded off to the next higher multiple of five paise.- If the total amount of duty payable, or of allowance to be made, under this Act is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise ".] PONDICHERRY 503[In Section 78 The following section shall be substituted, namely:- "78. Duty or allowance to be rounded off to the next higher multiple of five paise. If the total amount of duty payable, or of allowance to be made, under this Act is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise,".] TAMIL NADU 504[In Section 78 The following section shall be substituted, namely:-- "78. Duty to be collected or allowance to be made to the nearest ten naye paise.-- In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of ten naye paise less than five naye paise shall be disregarded and any fraction of ten naye paise equal to, or exceeding, five naye paise shall be regarded as ten naye paise."] 505[In Section 78 The following section shall be substituted, namely:-- "78. Duty or allowance to be rounded off to the next higher multiple of five paise.-- If the total amount of duty payable, or of allowance to be made, under this Act is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise.".] ANDHRA PRADESH 506[For section 78 of the principal Act, the following section shall be substituted, namely:-- "78. Duty to be collected or allowance to be made.-- In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to the next higher five naye paise.".] GOA, DAMAN AND DIU 507[For section 78 of the principal Act, the following section shall be substituted, namely:-- "78. Duty or allowance to be rounded off to the next higher multiple of five paise.-- If the total amount of duty payable, or of allowance to be made, under this Act is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise.".] Repealed by the repealing and Amending Act, 1914, Section 3 and Schedule II. STATE AMENDMENTS PUNJAB 508[Section 79 Omitted.] SCHEDULE I STAMP-DUTY ON INSTRUMENTS (See section 3) Description of Instrument Proper Stamp-duty (1) (2) 1. ACKNOWLEDGEMENT of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a bankers' pass-book) or on a separate piece of paper when such book or paper is left in the creditors' possession: provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property. One anna. 2. ADMINISTRATION-BOND: including a bond given under section 256 of the Indian Succession Act, 1865 (10 of 1865), section 6 of the Government Savings Banks Act, 1873 (5 of 1873), section 78 of the Probate and Administration Act, 1881 (5 of 1881), or section 9 or section 10 of the Succession Certificate Act, 1889 (7 of 1889)-- (a) where the amount does not exceed Rs. 1,000. The same duty as a Bond (No. 15) for such amount. (b) in any other case..... Five rupees 3. 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. ADVOCATE, See ENTRY AS AN ADVOCATE (No. 30) Ten rupees. 4. AFFIDAVIT including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. One rupee. Exemptions Affidavit or declaration in writing when made-- 509[(a) as a condition of enrolment under the Indian Army Act, 1911 (8 of 1911) 510[(or the Indian Air Force Act, 1932 (14 of 1932);] (b) for the immediate purpose of being filed or used in any Court or before the officer or any Court; or (c) for the sole purpose of enabling any persons to receive any pension or charitable allowance. 511[5. AGREEMENT OR MEMORANDUM OF AGREEMENT (a) if relating to the sale of a bill of exchange; Two, annas. (b) if relating to the sale of a Government security of share in an incorporated company or other body corporate; Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the security or share. (c) if not otherwise provided for Eight annas. Exemptions Agreement or memorandum of agreement-- (a) for or relating to the sale of goods or merchandise exclusively not being a NOTE OR MEMORANDUM chargeable under No. 43; (b) made in the form of tenders to the Central Government for or relating to any loan; 512[***] AGREEMENT TO LEASE: See LEASE (NO. 35). 513[6. AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to-- (1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security); or (2) the pawn or pledge of movable property, where such deposit, pawn or pledge 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-- (a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement; The same duty as a Bill of Exchange [No. 13 (b)] for the amount secured. (b) if such loan or debt is repayable not more than three months from the date of such instrument. Half the duty payable on a Bill of Exchange [No. 13 (b)] for the amount secured. Exemption Instrument of pawn or pledge of goods if unattested.] 7. APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property, movable or immovable, where made by any writing not being a will. Fifteen Rupees. 8. APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit-- (a) where the amount does not exceed Rs. 1,000 The same duty as a Bond (No. 15) for such amount. (b) in any other case. Five rupees. Exemptions (a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. 9. 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, not being ARTICLES OF CLERKSHIP (No. 11) Five Rupees. Exemption Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 (19 of 1850), or by which a person is apprenticed by or at the charge of any public charity. 10. ARTICLES OF ASSOCIATION OF A COMPANY. Twenty-five rupees. Exemption Articles of any Association not formed for profit and registered under section 26 of the Indian Companies Act, 1882 (6 of 1882). See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39). 11. ARTICLES OF CLERKSHIP or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. Two hundred and fifty rupees. ASSIGNMENT. See CONVEYANCE (No. 23), TRANSFER (No. 62), and TRANSFER OF LEASE (No. 63), as the case may be. ATTORNEY. See ENTRY AS AN ATTORNEY (No. 30), and POWER-OF-ATTORNEY (No. 48). AUTHORITY TO ADOPT. See ADOPTION -DEED (No.3). 12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit-- (a) where the amount of value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount. (b) in any other case Five rupees. Exemption Award under the Bombay District Municipal Act, 1873, section 81, or the Bombay Hereditary Offices Act, 1874, section 18. 13. BILL OF EXCHANGE [as defined by section 2(2) 514[***], not being a BOND, bank-note or currency note-- 515[***] 516[(b) where payable otherwise than on demand-- (i) Where payable not more than three months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 517[Thirty paise]. it exceeds Rs. 500 but does not exceed Rs. 1,000; 518[Sixty paise]. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 519[Sixty paise]. (ii) where payable more than three months but not more than six months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 520[Sixty paise]. if it exceeds Rs. 500 but does not exceed Rs. 1,000; 521[One rupee twenty paise]. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; 522[One rupee twenty paise]. (iii) where payable more than six months but not more than nine months after date or sight--if the amount of the bill or note does not exceed Rs. 500; 523[Ninety paise]. if it exceeds Rs. 500 but does not exceed Rs. 1,000; 524[One rupee eighty paise]. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; 525[One rupee eighty paise]. (iv) where payable more than nine months but not more than one year after date or sight--if the amount of the bill or note does not exceed Rs. 500; 526[One rupee twenty five paise]. if it exceeds Rs. 500 but does not exceed Rs. 1,000 527[Two rupees fifty paise]. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; 528[Two rupees fifty paise]. 529(c) where payable at more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 530[Two rupees fifty paise]. if it exceed Rs. 500 but does not exceed Rs. 1,000; 531[Five rupees]. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000.] 532[Five rupees]. Note 1. - In supersession of the notification of the Government of India No. 15, dated 15-5-1957 and No. 6, dated 14-7-1961, the proper stamp duty chargeable on bills of exchange specified in items (b) and (c) in Article 13 of the First Schedule to the said Act and promissory notes specified in item (b) of Article 49 of the said Schedule shall be reduced to one-half of the rates specified against the said items (b) and (c) of the said Article 13: Provided that the rates of stamp duty specified in column (2) shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from the Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporation, Commercial banks and Co-operative banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage or small scale industries and such instruments shall continue to bear the rates of stamp duty at one-fifth of the rates specified against the said items (b) and (c) in the said Article 13. Explanation 1.-For the purposes of the proviso - (a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations; (b) "crops" include products of agricultural operations; (c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organisation of such producers. Explanation 2.-The duty chargeable shall, wherever necessary, be rounded off to the next five paise. - S.O. 199(E), dated 16-3-1976, published in the Gazette of India, Ext. Pt. II, Section 3(ii), p. 594, dated 16-3-1976. [See also Note 2, below]. Note 2. - In supersession of the notifications of Government of India in the Ministry of Finance (Department of Revenue) published in the Gazette of India, Extraordinary, Part II, Section 3 vide numbers S.O. 198(E), dated 16-3-1976 and S.O. 199(E), dated 16-3-1976, except as respects things done or omitted to be done before such supersession, the Central Government hereby directs that with effect from 1-3-2004, the proper stamp duty chargeable on instruments, mentioned under column (1) in Articles 13, 14, 27, 37, 47, 49, 52 and 62(a) in the Schedule I of the Act, shall be reduced and stamp duty payable thereon, after such reduction, shall be as specified in the Table.-S.O. 130(E), dated 28-1-2004, published in the Gazette of India, Ext., Pt. II, Section 3(ii), Sl. No. 108, dated 28-1-2004, published in the Gazette of India, Pt. II, Section 3(ii), Sl. No. 108, dated 28-1-2004. 14. BILL OF LADING (including a through bill of lading). 533[One rupee]. Exemptions (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 (10 of 1889), and are to be delivered at another place within the limits of the same port. N.B.--If a bill of lading drawn in parts, the proper stamp therefore must be borne by each one of the set. (b) Bill of lading when executed out of 534[India] and relating to property to be delivered in 535[India]. 15. BOND [as defined by section 2(5) not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the Court-fees Act, 1870 (7 of 1870)-- where the amount or value secured does not exceed Rs. 10. Two annas where it exceeds Rs. 10 and does not exceed Rs. 50 Four annas Ditto 50 ditto 100 Eight annas Ditto 100 ditto 200 One rupee. Ditto 200 ditto 300 One rupee eight annas. Ditto 300 ditto 400 Two rupees. Ditto 400 ditto 500 Two rupees eight annas. Ditto 500 ditto 600 Three rupees. Ditto 600 ditto 700 Three rupees eight annas. Ditto 700 ditto 800 Four rupees. Ditto 800 ditto 900 Four rupees eight annas. Ditto 900 ditto 1000 Five rupees. and for every Rs. 500 or part thereof in excess of Rs. 1,000 Two rupees eight annas. See ADMINISTRATION BOND (NO.2) BOTTOMRY BOND (NO. 16) CUSTOMS BOND (NO.26), INDEMNITY BOND (NO. 34), RESPONDENTIA BOND (NO. 56), SECURITY BOND (NO. 57). Exemptions Bond, when executed by-- (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, section 99, for the due performance of their duties under that Act: (b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem. 16. BOTTOMRY BOND, that is to say, any instrument whereby the master of a seagoing 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. 15) for the same amount. 17. CANCELLATION--Instrument of (including any instrument by which any instrument, previously executed is cancelled), if attested and not otherwise provided for. See also RELEASE (NO. 55), REVOCATION OF SETTLEMENT (NO. 58 B), SURRENDER OF LEASE (NO.61), REVOCATION OF TRUST (NO. 64B). Five rupees. 18. 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-- (a) where the purchase-money does not exceed Rs. 10; Two annas. (b) where the purchase-money exceeds Rs. 10 but does not exceed Rs. 25; Four annas. (c) in any other case The same duty as a Conveyance (No.23) for a consideration equal to the amount of the purchase money only. 19. CERTIFICATE OR OTHER DOCUMENT 536[(except the certificate or other document covered under Articles 27 and 56A)], 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. 537[Two annas]. 538[***] 20. CHARTER-PARTY, that is to say, any instrument (except an agreement for the hire of a 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 rupees. 539[***] 22. 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 provisions is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors. Ten rupees. 23. CONVEYANCE [as defined by section 2(10)], not being a TRANSFER charged or exempted under No. 62.-- where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50 Eight annas. where it exceeds Rs. 50 but does not exceeds Rs. 100. One rupees. Ditto 100 ditto 200 Two rupees. Ditto 200 ditto 300 Three rupees. Ditto 300 ditto 400 Four rupees. Ditto 400 ditto 500 Five rupees. Ditto 500 ditto 600 Six rupees. Ditto 600 ditto 700 Seven rupees. Ditto 700 ditto 800 Eight rupees. Ditto 800 ditto 900 Nine rupees. Ditto 900 ditto 1000 Ten rupees. and for every Rs. 500 or part thereof in excess of Rs. 1,000 Five rupees. Exemption 540[(a)] Assignment of copyright by entry made under the Indian Copyright Act, 1847, section 5. 541[(b) For the purpose of this article, the portion of duty paid in respect of a document falling under article No. 23A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction in any union territory under this article.] CO-PARTNERSHIP-DEED. See PARTNERSHIP (NO.46) 542[23A. CONVEYANCE IN THE NATURE OF PART PERFORMANCE Contracts for the transfer of immovable property in the nature of part performance in any union territory under section 53A of the Transfer of Property Act, 1882 (4 of 1882).] Ninety per cent. of the duty as a Conveyance (No. 23).] 24. COPY OR EXTRACT certified to be a true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees-- (i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed one rupee; Eight annas (ii) in any other case. One rupee. Exemptions (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. 543[(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, 544[divorces], deaths or burials.] 25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid,-- (a) if the duty with which the original instrument is chargeable does not exceed one rupee; The same duty as is payable on the original. (b) in any other case. One rupee. Exemption Counterpart of any lease granted to a cultivator when such lease is exempted from duty. 26. CUSTOMS BOND-- (a) where the amount does not exceed Rs. 1,000; The same duty as a bond (No. 15) for such amount. Five rupees. (b) in any other case. 545[27. DEBENTURE--[as defined by section 2 (10A)] (see sections 9A and 9B) (a) in case of issue of debenture; 0.005% (b) in case of transfer and re-issue of debenture. 0.0001%] Explanation.--The term "Debenture" includes any interest coupons attached but the amount of such coupons shall not be included in estimating the duty. Exemption: A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, where by the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debentures holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.] DECLARATION OF ANY TRUST. See TRUST (No. 64). 28. DELIVERY-ORDER IN RESPECT OF GOODS 546[(excluding delivery order in respect of settlement of transactions in securities in stock exchange)], 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 port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed 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 twenty rupees. one anna. DEPOSIT OF TITLE-DEEDS. 547[See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (NO.6)]. DISSOLUTION OF PARTNERSHIP. See PARTNERSHIP (No. 46). 29. DIVORCE-- Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage One rupee DOWER-- Instrument of. See SETTLEMENT (No. 58). DUPLICATE. See COUNTERPART (No. 25). 30. ENTRY AS AN ADVOCATE VAKIL OR ATTORNEY ON THE ROLL OF ANY HIGH COURT 548[under the Indian Bar Councils Act, 1926, or] in exercise of powers conferred on such court by Letters Patent or by the Legal Practitioners Act, 1884-- (a) in the case of an Advocate or vakil Five hundred rupees. (b) in the case of an Attorney Two hundred and fifty rupees. Exemption Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. 549[***] 31. EXCHANGE OF PROPERTY--Instrument of The same duty as a Conveyance (No.23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. EXTRACT. See COPY (No. 24). 32. FURTHER CHARGE-- Instrument of, that 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. 40 (that is, with possession). The same duty as a conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument. (b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession)-- (i) if at the time of execution of the instrument of further charge possession of the property is given, or agreed to be given under such instrument; The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the 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 The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument. 33. GIFT-- Instrument of, not being a SETTLEMENT (No.58) or WILL OR TRANSFER (No.62). The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property as set forth in such instrument. HIRING AGREEMENT or agreement for service. See AGREEMENT (No.5). 34. INDEMNITY-BOND The same duty as a Security-Bond (No. 57) for the same amount. INSPECTORSHIP-DEED See COMPOSITION-DEED (No. 22). INSURANCE. See POLICY OF INSURANCE (No.47). 35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let-- (a) where by such lease the rent is fixed and no premium is paid or delivered-- (i) where the lease purports to be for a term of less than one year; The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease. (ii) where the lease purports to be for a term of not less than one year but not more than three years; The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved. (iii) where the lease purports to be for a term in excess of three years; The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. (iv) where the lease does not purport to be for any definite term; The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual which would be paid or delivered for the first ten years if the lease continued to long. (v) where the lease purports to be in perpetuity; The same duty as a Conveyance (No.23) for a consideration equal to one-fifth of the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease. (b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved; The same duty as a Conveyance (No.23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease. (c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved. The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set froth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered: Exemptions Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed eight annas. (a) Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. 550[***] 551[36. LETTER OF ALLOTMENT in respect of any loan to be raised by any company or proposed company.] 552[Two annas]. 37. LETTER OF CREDIT, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn. LETTER OF GUARANTEE. See, AGREEMENT (No. 5) 553[One rupee]. 38. 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. Ten rupees. 39. MEMORANDUM OF ASSOCIATION OF A COMPANY-- (a) if accompanied by articles of association under section 37 of the Indian Companies Act, 1882 (6 of 1882); Fifteen rupees. (b) if not so accompanied Forty rupees. Exemption Memorandum of any association not formed for profit and registered under section 26 of the Indian Companies Act, 1882 (6 of 1882). 40. MORTGAGE-DEED, not being 554[AN AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6)] BOTTOMRY BOND (No.16), MORTGAGE OF A CROP (No.41), RESPONDENTIA BOND (No.56), OR SECURITY BOND (No. 57)-- (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as a Conveyance (No.23) for a consideration equal to the amount secured by such deed. (b) when 555[***] possession is not given or agreed to be given as aforesaid; The same duty as a Bond (No.15) for the amount secured by such deed. Explanation.--A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this Article. (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-- for every sum secured not exceeding Rs. 1,000; Eight annas. and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. Eight annas. Exemptions (1) Instruments, executed by persons taking advances under the Lands Improvement Loans Act, 1883 (10 of 1883), or the Agriculturists' Loan Act, 1884 (12 of 1884) or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a bill of exchange. 556[***] 41. 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-- (a) when the loan is repayable not more than months from the date of the instrument-- for every sum secured not exceeding Rs. 200; One anna. and for every Rs. 200 or part thereof secured in excess of Rs. 200. One anna. (b) when the loan is repayable more than three months, but not more than 557[eighteen months] from the date of the instrument-- for every sum secured not exceeding Rs. 100; 558[Two annas]. and for every Rs. 100 or part thereof secured in excess of Rs. 100. 559[Two annas]. 42. NOT ARIAL ACT, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a PROTEST (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. One rupee. See also PROTEST OF BILL OR NOTE (No. 50). 560[43. NOTE OF 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 twenty rupees; Two annas. (b) of any stock or marketable security exceeding in value twenty rupees. Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the stock or security]. 44. NOTE OF PROTEST BY THE MASTER OF A SHIP. See also PROTEST BY THE MASTER OF A SHIP (No. 51) Eight annas. ORDER FOR THE PAYMENT OF MONEY See BILL OF EXCHANGE (No. 13) 45. PARTITION-- Instrument of [as defined by section 2(15)]. The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property. N.B.--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 shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated: Provided always that-- (a) 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 partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than eight annas; (b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue; (c) where a final order for effecting a partition passed by any Revenue-authority or any 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 exceed eight annas. 46. PARTNERSHIP-- A--INSTRUMENT OF-- (a) where the capital of the partnership does not exceed Rs. 500; Two rupees eight annas. (b) in any other case Ten rupees. B--DISSOLUTION OF Five rupees. 561[PAWN OR PLEDGE See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6).] 47. POLICY OF INSURANCE-- 562[A.--SEA INSURANCE (See section 7) If drawn singly If drawn in duplicate, for each part. (1) for or upon any voyage-- (i) where the premium or consideration does not exceed the rate of 563[***] one-eighth per centum of the amount insured by the policy; 564[Five paise]. 565[Five paise]. (ii) in any other case, in respect of every full sum of 6[one thousand five hundred rupees] and also any fractional part of 566[one thousand five hundred rupees] insured by the policy; 567[Five paise]. 568[Five paise]. (2) for time-- (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy-- where the insurance shall be made for any time not exceeding six months; 569[Ten paise]. 570[Five paise]. where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 571[Ten paise]. 572[Five paise]. B. 573[FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN THIS ARTICLE, COVERING GOODS, MERCHANDISE, PERSONAL EFFECTS, CROPS AND OTHER PROPERTY AGAINST LOSS OR DAMAGE]-- (1) in respect of an original policy-- (i) when the sum insured does not exceed Rs. 5,000; 574[Twenty-five paise]. (ii) in any other case; and 575[Fifty paise]. (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. One-half of the duty payable in respect of the original policy in addition to the amount, if any chargeable under No. 53. C--ACCIDENT AND SICKNESS INSURANCE-- (a) against railway accident, valid for a single journey only. 576[Five paise]. Exemption When issued to a passenger travelling by the intermediate or the third class in any railway; (b) in any other case--for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceeds Rs. 1,000 for every Rs. 1,000 or part thereof. 577[Ten paise:] 578[Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed 579[Rs. 2.50] per Rs. 1,000, the duty on such instrument shall be 580[five paise] for every Rs. 1,000 or part thereof the maximum amount which may become payable under it.] 581[CC. INSURANCE BY WAY OF INDEMNITY against liability to pay damages on account of accident to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium. 582[Five paise]. 583[D. --LIFE INSURANCE 584[OR GROUP INSURANCE OR OTHER INSURANCE] NOT SPECIFICALLY PROVIDED FOR, except such a RE-INSURANCE, as is described in Division E of this article-- If drawn singly If drawn in duplicate, for each part (i) for every sum insured not exceeding Rs. 250; 585[Ten paise.] 586[Five paise]. (ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500; 587[Ten paise.] 588[Five paise] (iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. 591[N.B.--If a policy of group Insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured.] Exemption Policies of life- insurance granted by the Director General of Post-Offices in accordance with rules for Postal life Insurance issued under the authority of the Central Government.] E. RE-INSURANCE BY AN INSURANCE COMPANY, which has granted a POLICY 592[of the nature specified in Division A or Division B of this Article], with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One quarter of the duty payable in respect of the original insurance but not less than 593[five paise] or more than 594[fifty paise]: 595[Provided that if the total amount of duty payable is not a multiple of five 596[***] paise, the total amount shall be rounded off to the next higher multiple of five 597[***] paise]. General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. 48. POWER OF ATTORNEY [as defined by section 2(21)] not being a PROXY (No.52)-- (a) when executed for the sole purpose of procuring the registration one or more documents in relation to a single transaction or for admitting execution of one or more such documents; Eight annas. (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (15 of 1882); Eight annas. (c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); One rupee. (d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally; Five rupees. (e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; Ten rupees. (f) when given for consideration and authorizing the attorney to sell any immovable property; The same duty as a Conveyance (No. 23) for the amount of the consideration. (g) in any other case. One rupee for each person authorized. Explanation.-- For the purposes of this Article more persons than one when belonging to the same firm shall be deemed to be one person. N.B.--The term 'registration' includes every operation incidental to registration under the 598[Indian Registration Act, 1877(3 of 1877)]; 599[49. PROMISSORY NOTE [as defined by section 2(22)]-- (a) when payable on demand-- (i) when the amount or value does not exceed Rs. 250; 600[Five paise.] (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000; 601[Ten paise.] (iii) in any other case. 602[Fifteen paise.] One-fifth of the duty as applicable to Bill of Exchange (No.13 of Schedule I) for the same amount payable otherwise on demand.] 50. 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 dishonor of a Bill of Exchange or promissory note. One rupee. 51. 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 of the calculation of averages and every declaration in writing made by him against the charterers of 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. One rupee. See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). 605[Fifteen paise.] 52. PROXY empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) propretietors, members or contributors to the funds of any institution. 606[One rupee.] 53. RECEIPT [as defined by section 2(23)] for any money or other property the amount or value of which exceeds 607[five thousand rupees]. Exemptions Receipt-- (a) endorsed on or contained in any instrument duly stamped. 608[or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the Government) 609[or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration money. Interest or annuity or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or 610[in the States of Madras, Bombay and Andhra] 611[as they existed immediately before the 1st November, 1956] of Inam lands; (d) for pay or allowances by non-commissioned 612[or petty] officers, 613[soldiers, 614[sailors] or airmen] of 615[Indian military, 616[naval] or air forces], when serving in such capacity, or by mounted police constables; (e) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned 617[or petty] officer, 618[soldier, 619[sailor] or airman], of 620[any of the said forces], and serving in such capacity; (f) for pensions or allowances by persons, receiving such pensions or allowances in respect of their service as such non-commissioned 621[or petty] officers, 622[soldiers, 623[sailors] or airmen], and not serving the Government in any other capacity; (g) given by a headman or lambardar for land revenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker to be accounted for: Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: Provided also that this exemption shall not extend to a receipt or acknowledgement for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. 624[See also POLICY OF INSURANCE [No.47B(2)].] 54. RECONVEYANCE OF MORTGAGED PROPERTY-- (a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000; The same duty as a Conveyance (No. 23) for the amount of such consideration as set forth in the Reconveyance. (b.) in any other case Ten rupees. 55. RELEASE, that is to say, any instrument 625[(not being such a release as is provided for by section 23A)] whereby a person renounces a claim upon another person or against any specified property-- (a) if the amount or value of the claim does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount or value as set forth in the Release. (b) in any other case Five rupees. 56. 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. 15) for the amount of the loan secured. REVOCATION OF ANY TRUST OR SETTLEMENT. See SETTLEMENT (No.58); TRUST (No. 64) 626[56A. SECURITY OTHER THAN DEBENTURES (see sections 9A and 9B)-- (a) issue of security other than debenture; 0.005% (b) transfer of security other than debenture on delivery basis; 0.015% (c) transfer of security other than debenture on non-delivery basis; 0.003% (d) derivatives-- (i) futures (equity and commodity) 0.002% (ii) options (equity and commodity) 0.003% (iii) currency and interest rate derivatives 0.0001% (iv) other derivatives 0.002% (e) Government securities 0% (f) repo on corporate bonds 0.00001%] 57. SECURITY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract-- (a) when the amount secured does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for the amount secured. (b) in any other case Five rupees. Exemptions Bond or other instrument, when executed-- (a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, section 99, for the due performance of their duties under that Act; (b) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; (c) under No. 3A of the rules made by the 627[State Government] under section 70 of the Bombay Irrigation Act, 1879; (d) executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists' Loans Act, 1884 (12 of 1884), or by their sureties, as security for the repayment of such advances; (e) executed by officers of 628[the 629 [Government]] or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof. 58. SETTLEMENT-- A. --INSTRUMENT OF (including a deed of dower). The same duty as a Bond (No.15) for a sum equal to the amount or value of the property settled as set forth in such settlement: Provided that, 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 exceed eight annas. Exemption (a) Deed of dower executed on the occasion of a marriage between Muhammadans B. --REVOCATION OF-- See also TRUST (No.64). The same duty as a Bond (No.15) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocation but not exceeding ten rupees. 59. SHARE WARRANTS, to bearer issued under the 2Indian Companies Act, 1882 (6 of 1882). One and a half times duty payable on a Conveyance (No.23) for a consideration equal to the nominal amount of the shares specified in the warrant. Exemption Share warrant when issued by a company in pursuance of the Indian Companies Act, 1882 (6 of 1882), section 30, to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue, of-- (a) One and a half per centum of the whole subscribed capital of the company, or (b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital-- 630[one and a half] per centum of the additional capital so issued. SCRIP. See CERTIFICATE (No. 19). 60. SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel. One anna. 61. SURRENDER OF LEASE-- (a) when the duty with which the lease is chargeable does not exceed five rupees. The duty with which such lease is chargeable. (b) in any other case Five rupees. Exemption Surrender of lease, when such lease is exempted from duty. 62. TRANSFER (whether with or without consideration)-- 631[***] (c) of any interest secured by a bond, mortgage-deed or policy of insurance,-- (i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees; The duty with which such bond, mortgage-deed or policy of insurance is chargeable. (ii) in any other case Five rupees. (d) of any property under the 632Administrator General's 1874 (2 of 1874), section 31; Ten rupees. (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary Five rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article.] Exemptions Transfers by endorsement-- (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. See also section 8. 63. TRANSFER OF LEASE by way of assignment and not by way of under-lease. Exemption The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the consideration for the transfer. Transfer of any lease exempt from duty. 64. TRUST-- A. -- DECLARATION OF-- of, a concerning, any property when made by any writing not being a WILL The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding fifteen rupees. (B.) -- REVOCATION OF-- or, concerning, any property when made by any instrument other than a WILL. The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set froth in the instrument but not exceeding ten rupees. See also SETTLEMENT (No. 58). VALUATION. See APPRAISEMENT (No. 8). VAKIL. See ENTRY AS A VAKIL (No. 30). 65. 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. Four annas. SCHEDULE II. Enactments repealed.--[Rep. by the Repealing and Amending Act, 1914 (10 of 1914), sec. 3 and Sch. II.] SCHEDULE-I633 Stamp Duty on Instruments (See Section 3, first proviso) Description of Instrument Proper Stamp Duty (1) (2) 1. Acknowledgement, of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt 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: Provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property. Six paise See 1980 (2) ALT 436 2. Administration Bond, including a bond given under Section 256 of the Indian Succession Act, 1865 (10 of 1865), or Section 6 of the Government Savings Banks Act, 1873 (5 of 1873) Section 78 of the Probate and Administration Act, 1881 (5 of 1881) or Section 9 or Section 10 of the Succession Certificate Act, 1889 (7 of 1889). (a) where the amount does not exceed Rs. 1,000/- The same duty as a Bond (No. 15) for such amount (b) in any other case. Five rupees. 3. 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. Ten rupees. Advocate, See Entry as an Advocate (No. 30) 4. Affidavit including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. Five rupees634. Exemptions Affidavit or declaration in writing when made-- (a) as a condition of enrolment under the Indian Army Act, 1911 (8 of 1911)635, (or the Indian Air Force Act, 1932 (14 of 1932)636);] (b) for the immediate purpose of being filed or used in any Court or before the officer of any Court; or (c) for the sole purpose of enabling any person to receive any pension or charitable allowance. 5. Agreement or Memorandum of an agreement-- (a) if relating to the sale of a bill of exchange. Twelve paise. (b) if relating to the sale of a Government security or share in an incorporated company or other body corporate; Subject to a maximum of ten rupees, six paise for every Rs. 10,000 or part thereof on the value of the security or share. (c) if not otherwise provided for. Fifty paise. Exemptions Agreement or Memorandum of an Agreement-- (a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43; (b) made in the form of tenders to the Central Government for or relating to any loan. Agreement to lease, See lease (No. 35). 6. Agreement relating to Deposit of Title deeds, pawn or pledge, that is to say, any instrument evidencing an agreement relating to-- (1) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security) or, (2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment or money advanced or to be advanced by way of loan or an existing or future debt-- (a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement; The same duty as a bill of Exchange (No. 13(b)) for amount secured. (b) if such loan or debt is repayable not more than three months from the date of such instrument. Half the duty as a Bill of Exchange (No. 13(b)) for the amount secured. Exemptions Instrument of pawn or pledge or goods if unattested. 7. Appointment in Execution of a Power, whether of trustees or of property, movable or immovable where made by any writing not being a Will. Fifteen rupees. 8. Appraisement or Valuation made otherwise than under an order of the Court in the course of a suit-- (a) where the amount does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount. (b) in any other case. Five rupees. Exemptions (a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. 9. 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, not being Articles of Clerkship (No. 11). Five rupees. Exemptions Instrument of apprenticeship executed by a Magistrate under the Apprentice Act, 1850 (19 of 1850)637, or by which a person is apprenticed by or at the charge of, any public charity. 10. Articles of Association of a Company, Twenty-five rupees. Exemption Articles of any association not formed for profit and registered under Section 26 of the Indian Companies Act, 1882. (6 of 1882)638. See also Memorandum of Association of Company (No. 39). 11. Articles of Clerkship or contract where by any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. Two hundred and fifty rupees. Assignment. See Conveyance (No. 23), Transfer (No. 62) and Transfer of Lease (No. 63), as the case may be, Attorney, See Entry as an Attorney (No. 30) and Power of Attorney (No. 48). Authority to adopt. See Adoption deed (No.3) 12. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit-- (a) where the amount or value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount. (b) in any other case Five rupees. Exemption Award under the Bombay District Municipal Act, 1873 (Bom. Act 6 of 1873), Section 81, or the Bombay Hereditary Offices Act, 1874 (Bom Act 3 of 1874), Section 18. 13. Bill of Exchange as defined by Section 2(2) not being at BOND, bank-note or currency note-- (a) [xxx] (b) where payable otherwise than on demand-- (i) where payable not more than three months after date or sight-- 639[Thirty paise.] if the amount of the bill or note does not exceed Rs. 500; 640[Sixty paise.] if it exceeds Rs. 500 but does not exceed Rs. 1,000; and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 641[Thirty paise.] (ii) where payable more than three months but not more than six months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 642[Sixty paise.] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 643[One rupee twenty paise.] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 644[One rupee twenty paise.] (iii) where payable more than six months but not more than nine months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 645[Ninety paise.] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 646[One rupee eighty paise.] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 647[One rupee eighty paise.] (iv) where payable more than nine months but not more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 648[One rupee twenty-five paise.] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 649[Two rupees fifty paise.] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 650[Two rupees fifty paise.] (c) where payable at more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 651[Two rupees fifty paise.] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 652[Five rupees.] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000;] 653[Five rupees.] 14. Bill of Lading (including a through bill of lading) 654[One rupee.] N.B.:-- If a bill of lading drawn in parts, the proper stamp therefore must be borne by each one of the set. Exemptions (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 (10 of 1889), and are to be delivered at another place within the limits of the same port; (b) Bill of lading when executed out of India and relating to property to be delivered in India. 15. Bond [as defined by Section 2(5)] not being a Debenture (No. 27) and not being otherwise provided for by this Act, or by the Court-fees Act, 1870 (7 of 1870) where the amount or value secured does not exceed Rs. 10; Twelve paise. where it exceeds Rs. 10 and does not exceed 25 paise Rs.50 where it exceeds Rs. 50 and does not exceed 50 paise Rs. 100 where it exceeds Rs. 100 and does not exceed One rupee Rs. 200 where it exceeds Rs. 200 and does not exceed One rupee 50 paise Rs. 300 where it exceeds Rs. 300 and does not exceed Two rupees Rs. 400 where it exceeds Rs. 400 and does not exceed Two rupees 50 paise Rs. 500 where it exceeds Rs. 500 and does not exceed Three rupees Rs.600 where it exceeds Rs. 600 and does not exceed Three rupees 50 paise Rs. 700 where it exceeds Rs. 700 and does not exceed Four rupees Rs. 800 where it exceeds Rs. 800 and does not exceed Four rupees 50 paise Rs. 900 where it exceeds Rs. 900 and does not exceed Five rupees Rs. 1000 and for every Rs. 500 or part thereof in Two rupees 50 paise excess of Rs. 1,000 See Administration Bond (No. 2), Bottomry Bond (No. 16), Customs Bond (No. 26) Indemnity Bond (No. 34). Respondentia Bond (No. 56) Security Bond (No. 57). Exemptions Bond, when executed by (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Bengal Act 3 of 1876), Section 99 for the due performance of their duties under that Act; (b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem. 16. Bottomry Bond, that is to say, any instrument where by the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage. The same duty as Bond (No. 15) for the same amount. 17. Cancellation -- Instrument of (including any instrument by which any instrument, previously executed is cancelled), if attested and not otherwise provided for.See also Release (No. 55) Revocation of Settlement (No. 58-B). Surrender of Lease (No. 61), Revocation of Trust, (No. 64-B). Five rupees. 18. 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-- (a) where the purchase-money does not exceed Rs. 10; Twelve paise. (b) where the purchase-money exceeds Rs. 10 but does not exceed Rs. 25; Twenty-five paise. (c) in any other case. The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the purchase money only 19. Certificate of 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; Twelve paise See also Letter of allotment of Shares (No. 36) 20. Charter party, that is to say, any instrument (except an agreement for the hire of a tug-steamer) where by 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 rupee 21. Omitted by Act No. V of 1927. 22. 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 or under letters of licence, for the benefit of his creditors. Ten rupees 23. Conveyance [as defined by Section 2(10)], not being a Transfer charged or exempted under No. 62,-- where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50; Fifty paise where it exceeds Rs. 50 and does not exceed Rs. 100 One rupees where it exceeds Rs. 100 and does not exceed Rs. 200 Two rupees where it exceeds Rs. 200 and does not exceed Rs. 300 Three rupees where it exceeds Rs. 300 and does not exceed Rs. 400 Four rupees where it exceeds Rs. 400 and does not exceed Rs. 500 Five rupees where it exceeds Rs. 500 and does not exceed Rs. 600 Six rupees where it exceeds Rs. 600 and does not exceed Rs. 700 Seven rupees where it exceeds Rs. 700 and does not exceed Rs. 800 Eight rupees where it exceeds Rs. 800 and does not exceed Rs. 900 Nine rupees where it exceeds Rs. 900 and does not exceed Rs. 1000 Ten rupees and for every Rs. 500 or part thereof in excess of Rs. 1,000; Five rupees Exemption 655[(a)] Assignment of copyright by entry made under the Indian Copyright Act, 1847 (20 of 1847), Section 5. 656[(b) For the purpose of this article, the portion of duty paid in respect of a document falling under Article No. 23A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction in any union territory under this article.] Co-partnership Deed. See Partnership (No. 46). 657[23A. Conveyance in the nature of part performance contracts for the transfer of immovable property in the nature of part performance in any union territory Section 53A of the Transfer of Property Act, 1882 (4 of 1882). Ninety per cent of the duty as a Conveyance (No.23)] 24. Copy or Extract, certified to be a true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to Court Fees. (i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed one rupee; Fifty paise (ii) in any other case. One rupee Exemptions (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. (b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials. 25. Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. (a) if the duty with which the original instrument is chargeable does not exceed one rupee; The same duty as is payable on the original (b) in any other case. One rupee Exemption Counterpart of any lease granted to a cultivator when such lease is exempted from duty. 26. Custom Bond- (a) where the amount does not exceed Rs. 1,000; The same duty as a bond (No. 15) for such amount (b) in any other case Five rupees. 658[27. Debenture (whether a mortgage debenture or not), being a marketable security transferable-- 0.05% per year of the face value if of the debenture, subject to the maximum of 0.25% or rupees twenty five lakhs which-ever is lower. (a) By endorsement or by a separate instrument of transfer-- (b) By delivery Explanation :- The team "debenture" includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty. Exemptions :- A debenture is issued be an incorporated company or other body corporate n terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body corporate borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders : Provided that the debentures so issued are expressed to be issued un terms of the said mortgage-deed]. 28. 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 port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed 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 twenty rupees. Six paise Deposit of Title deeds [See Agreement relating to Deposit of title deeds, pawn or pledge (No. 6).] Dissolution of Partnership See Partnership (No. 46) 29. Divorce - Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. One rupee Dower - Instrument of, See Settlement (No. 58). Duplicate, See Counterpart (No. 25) 30. Entry as an Advocate, Vakil or Attorney on the Roll of any High Court :- Under the Indian Bar Council Act, 1926 (38 of 1926), or in exercise of powers conferred on such Court by Letters Patent or by the Legal Practitioners Act, 1884 (9 of 1884),- (a) in the case of an advocate or vakil- Five hundred rupees. (b) in the case of an attorney. Two hundred and fifty rupees. Exemptions Entry of an advocate, vakil or attorney on i the roll of any High Court when he has previously been enrolled in a High Court. 31. Exchange of property - Instrument of. Extract, See Extract Copy (No. 24) The same duty as a Conveance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. 32. Further Charge:- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property,-- (a) when the original mortgage is one of the descriptions referred to in Clause (a) of Article No. 40 (that is, with possession); The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument. (b) When such mortgage is one of the description referred to in Clause (b) of Article No. 40 (that is without possession)- (i) if at the time of execution of the instrument of further charge possession of the property is given, or agreed to be given under such instrument; The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the 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 The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument. 33. Gift:- Instrument of, not being a Settlement (No. 58) or Will or Transfer (No. 62) The same duty as Conveyance (No. 23) for a consideration equal to the value of the property as set forth in such instrument. Hiring Agreement or agreement for service. See Agreement (No. 5) 34. Indemnity bond The same duty as a Security Bond (No. 57), for the same amount. Inspectorship-deed, See Composition deed (No. 22) Insurance, See Policy of Insurance (No. 47) 35. Lease, including an under lease or sub-lease and any agreement to let or sub-let,-- (a) Where by such lease the rent is fixed and no premium is paid or delivered,-- (i) Where the lease purports to be for a term of less than one year. The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease. (ii) Where the lease purports to be for a term of not less than one year but not more than three years; The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved. (iii) where the lease purports to be for a term in excess of three years; The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. (iv) where the lease does not purport to be for any definite term; The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years, if the lease continued so long. (v) where the lease purports to be in perpetuity; The same duty as a Conveyance (No. 23) for a consideration equal to one-fifth of the whole amount of rent which would be paid or delivered in respect of the first fifty years of the lease. (b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved; The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease. (c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered : Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed the duty on such lease shall not exceed 50 paise. Exemptions (a) Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. (b) (Omitted) 36. 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 See also Certificate or other Documents (No. 19). Twelve paise. 37. Letter of Credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn. 659[One rupee] Letter of guarantee, See Agreement (No. 5) 38. 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. Ten rupees. 39. Memorandum of Association of a Company- (a) if accompanied by articles of association under Sec. 37 of the Indian Companies Act, 1882 (6 of 1882)6; Fifteen rupees. (b) if not so accompanied Forty rupees Exemption Memorandum of any association not formed for profit and registered under Section 26 of the Indian Companies Act, 1882 (6 of 1882)6. 40. Mortgage-Deed, not being an agreement relating to Deposit of Title-deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16) Mortgage of a Crop. (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57)- (a) when possession of the property of any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as Conveyance (No. 23) for a consideration equal to the amount secured by such deed. (b) when possession is not given or agreed to be given as aforesaid; The same duty as a Bond (No. 15) for the amount secured by such deed; Explanation:- A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this Article; 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- for every sum secured not exceeding Rs. 1000; and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,060 Fifty paise Fifty paise Exemptions (a) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists Loans Act, 1884 (12 of 1884), or by their sureties as security for the repayment of such advances. (b) Letter of hypothecation accompanying a bill of exchange. (c) (Omitted) 41. 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- (a) when the loan is repayable in not more than three months from the date of the instrument- for every sum secured not exceeding Rs. 200; Six paise and for every Rs. 200 or part thereof secured in excess of Rs. 200; Six paise (b) when the loan is repayable more than three months, but not more than eighteen months, from the date of the instrument -- for every sum secured not exceeding Rs. 100; Twelve paise and for every Rs. 100 or part thereof secured in excess of Rs. 100. Twelve paise 42. Notarial Act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. See also Protest of Bill or Note (No. 50) One rupee. 43. 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 twenty rupees. Twelve paise (b) of any stock or marketable security exceeding in value twenty rupees. Subject to the maximum of ten rupees, six paise for every Rs. 10,000 or part thereof of the value of the stock or security. 44. Note of Protest by the Master of a Ship. See also Protest by the Master of a ship (No. 51) Fifty paise. Order for the Payment of Money, See Bill of Exchange (No. 13) 45. Partition:- Instrument of [as defined by Sec. 2 (15)] The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property. N.B :- 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 shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated: Provided always that- (a) 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 partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than fifty paise. (b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue; (c) where a final order for effecting a partition passed by any Revenue Authority or any 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 exceed fifty paise. 46. Partnership- A-Instrument of-- (a) where the capital of the partnership does not exceed Rs. 500; Two rupees Fifty paise (b) in any other case Ten rupees B-Dissolution of Five rupees Pawn or Pledge:- See Agreement relating to Deposit of Title-deeds, Pawn or Pledge (No.6) 47. Policy of Insurance If drawn If drawn A. - Sea Insurance [see Section 7 of Indian Stamp Act, 1899 (2 of 1899)] Singly in duplicate for each part. (1) for or upon any voyage-- (i) where the premium or consideration does not exceed the rate of one-eighth per centum of the amount insured by the policy; 660[Five paise.] Five paise. (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy. 661[Five paise.] Five paise. (2) for time-- (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy-- where the insurance shall be made for any time not exceeding six months; 662[Ten paise.] 663[Five paise.] where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 664[Ten paise.] 665[Five paise.] B. - Fire-insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects, crops, and other property against loss or damage-- (1) in respect of an original policy-- (i) when the sum insured does not exceed Rs. 5,000; 666[Twenty-five paise.] (ii) in any other case; and 667[Fifty paise.] (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. One-half of duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. C. - Accident and sickness insurance-- (a) against railway accident, valid for a single journey only. 668[Five paise.] Exemption When issued to a passenger travelling by the intermediate or the third class in any railway; (b) in any other case - for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceeds Rs. 1,000, for every Rs. 1,000 or part thereof. 669[Ten paise:] Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000, the duty on such instrument shall be five paise for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it. CC. - Insurance by way of indemnity against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium. 670[Five paise.] D. - Life insurance or group insurance or other insurance not specifically provided for except such a re-insurance, as is described in Division E of this article. If drawn singly If drawn in duplicate for each part. (i) for every sum insured not exceeding Rs. 250; 671[Ten paise.] 672[Five paise] (ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500; 673[Ten paise] 674[Five paise.] (iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. 675[Twenty paise.] 676[Ten paise] N.B.: If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp duty has been paid, the proper stamp must be borne on the excess sum so insured. Exemption Policies of life insurance granted by the Director General of Post Offices in accordance with rules for Postal Life-insurance issued under the authority of the Central Government. E. - Re-insurance by an insurance company, which has granted a policy of the nature specified in Division A or Division B of this Article, with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One-quarter of the duty payable in respect of the original insurance but not less than five paise or more than fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise. General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter of engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except, to compel the delivery of the policy therein mentioned.] 48. Power of Attorney as defined by Section 2 (21), not being a proxy (No. 52)- (a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; Fifty paise (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (15 of 1882); Fifty paise. (c) when authorising one person or more to act in a single transaction other than the case mentioned in Clause (a); One rupee. (d) when authorising not more than five persons to act jointly and severally in more than one transaction or generally; Five rupees. (e) when authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; Ten rupees (f) when given for consideration and authorising the attorney to sell any immovable property; The same duty as a Conveyance (No. 23) for the amount of the consideration. (g) in any other case. One rupee for each person authorised. N.B:- The term "registration" includes every operation incidental to registration under the Indian Registration Act, 1877 (3 of 1877)677. Explanation:- For the purpose of this Article more persons than one when belonging to the same firm shall be deemed to be one person. 49. Promissory Note [as defined by Section 2(22)]- When payable on demand-- (i) when the amount or value does not exceed Rs. 250; 678[Five paise.] (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000; 679[Ten paise.] (iii) in any other case; 680[Fifteen paise.] 681[(b) when payable otherwise than on demand. One-fifth of the duty as applicable to Bill of Exchange (No. 13), for the same amount payable otherwise on demand] 50. 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. One Rupee 51. 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. One Rupee See also Note of protest by the master of a ship (No. 44). 52. Proxy empowering any person to vote at any one election of the members of a district or local board or of a body of Municipal Commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable; (b) a local authority, or (c) proprietors, members or contributors to the funds of any institution. 682[Fifteen paise.] 53. RECEIPT as defined by Section 2 (23) for any money or other property the amount or value of which exceeds 683[Five thousand rupees] 684[One rupee] Exemptions Receipt- (a) endorsed on or contained in any instrument duly stamped, or any instrument exempted under the proviso to Sec. 3 (instruments executed on behalf of the Government) or any cheque or bill of exchange payable on demand acknowledging the receipt of the consideration money therein expressed, or the receipt of any principal money, interest or annuity or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or in the States of Madras, Bombay and Andhra as they existed immediately before the 1st November, 1956 of Inam lands; (d) for pay or allowances by non-commissioned or petty officers, soldiers, sailors or airmen of the Indian] Military, naval or air forces, when serving in such capacity, or by mounted police-constables; (e) given by holders of family-certificates in cases where the person from whose pay or allowances, the sum comprised in the receipt has been assigned is a non-commissioned or petty officer, soldier, sailor or airman of any of the said forces and serving in such capacity; (f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such noncommissioned or petty officers, soldiers, sailors or airmen and not serving the Government in any other capacity; (g) given by a headman or lambardar for land revenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker, to be accounted for : Provided that the same is not expressed to be received of, by the hands of, any other than the person to whom the same is to be accounted for : Provided also that this exemption shall not extend to a receipt or acknowledgement for any sum paid or deposited for, or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. [See also Policy of Insurance [No. 47-B(2)]. 54. Reconveyance of mortgaged property- (a) If the consideration for which the property was mortgaged does not exceed Rs. 1,000; The same duty as a Conveyance (No. 23) for the amount of such consideration as set forth in the Re-conveyance. (b) in any other case Ten rupees. 55. 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,-- (a) if the amount or value of the claim does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount or value as set forth in the Release. (b) in any other case Five rupees. 56. Respondentia bond, that is to say, any instrument securing a loan on the cargo laden or to be laden or board a ship and making repayment contingent on the arrival of the cargo at the port of destination. Revocation of any trust or settlement (See Settlement No. 58): Trust (No. 64). The same duty as a Bond (No. 15) for the amount of the loan secured. 57. Security bond or mortgage deed executed by way of security for the due execution of an office or to account for money or other property, received by virtue thereof or executed by a surety to secure the due performance of a contract,-- (a) when the amount secured does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for the amount secured. (b) in any other case Five rupees. Exemptions Bond or other instrument, when executed; (a) by headmen, nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Bengal Act 3 of 1876), Section 99 for the due performance of their duties under that Act; (b) by any person for the purpose or guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; (c) under No. 3-A of the Rules made by the State Government under Sec. 70 of the Bombay Irrigation Act, 1879 (Bombay Act 5 of 1879). (d) executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist's Loans Act, 1884 (12 of 1884) or by their sureties, as security for the repayment of such advances. (e) executed by officers of the Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof- 58. Settlement- A:- instrument of (including a deed of dower). The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property settled as set forth in such settlement: Provided that, 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 exceed fifty paise Exemption (a) Deed of dower executed on the occasion of a marriage between Muhammadans. (b) (Omitted) B:- Revocation of The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument of revocation but not exceeding ten rupees. See also Trust (No. 64) 59. Share Warrants:- to bearer issued under the Indian Companies Act, 1882. (6 of 1882)685 [One and a half times] the duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. Exemptions Share warrant when issued by a company in pursuance of the Indian Companies Act, 1882 (6 of 1882), Section 30686, to have effect only upon payment, as composition for that duty, to the Collector of Stamp Revenue of - (a) one and a half per centum of the whole subscribed capital of the company, or (b) If any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital one and a half per centum of the additional capital so issued. Scrip:- See Certificate (No. 19) 60. Shipping order :- for or relating to the conveyance of goods on board of any vessel. 61. Surrender of lease:- (a) when the duty with which the lease is chargeable does not exceed five rupees; (b) in any other case Exemption Surrender of lease, when such lease is exempted from duty. 62. Transfer (whether with or without consideration)-- (a) of shares in an incorporated company or other body corporate; 687[Twenty-five paise] for every hundred rupees or part thereof of the value of the share : (b) of debentures, being marketable securities whether the debenture is liable to duty or not except debentures provided for by Section 8; One-half of the duty payable on a Conveyance (No.23) for a consideration equal to the face amount of the debenture. (c) of any interest secured by a bond, mortgage deed or policy of insurance- (i) if the duty on such bond, mortgage deed or policy does not exceed five rupees; The duty with which such bond, mortgage-deed or policy of insurance is chargeable. (ii) in any other case Five rupees (d) of any property under the Administrator General's Act, 1874 (2 of 1874)32 Section 31; Ten rupees (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. Five rupees or such smaller amount as may be chargeable under Clauses (a) to (c) of this Article. Exemptions Transfer by endorsement (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warranty for goods or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government See also Section 8. 63. Transfer of lease:- by way of assignment and not by way of under-lease. The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the consideration for the transfer. Exemption Transfer of any lease exempt from duty 64. Trust:- A:- Declaration of-- of, or concerning, any property when made by any writing not being a will. The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding fifteen rupees. B:- Revocation of, or concerning, any property when made by any instrument other than a will. See also Settlement (No. 58) Valuation:- See Appraisement (No. 8) Vakil :- See Entry as a Vakil (No. 30). The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding -ten rupees. 65. 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. Twenty-Five paise. 688[Provided that the rates of stamp duty specified in column (2) of the above Table, on the Bills of Exchange for items (b) and (c) of Article 13 and on promissory note for item (b) of Article 49 of the Schedule I of the Indian Stamp Act, 1899 (2 of 1899), as referred to in the said Table, shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from the Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, Small Industries Development Bank of India, State Financial Corporations, Commercial Banks and Co-operative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate specified in the said Table against items (b) and (c) of Article 13 and item (b) of Article 49, as referred to in the said Table: Provided further that the rates of stamp duty specified in column (2) of the said Table, on promissory note for item (b) of Article 49 of the Schedule I of the Indian Stamp Act, 1899 (2 of 1899), as referred to in the said Table, shall also not apply to promissory note in the form of commercial paper and such instruments shall bear the rate of stamp duty at one-fifth of the rate specified in the said Table against item (b) of Article 49, as referred to in the said Table. Explanation I - For the purposes of the first proviso-- the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations; "crops" include products of agricultural operations; the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers. Explanation 2:- For the purpose of the second proviso "commercial paper" means an unsecured money market instrument issued, in the form of a promissory note, in accordance with the guidelines issued by the Reserve Bank of India from time to time. Explanation 3:- The duty chargeable shall, wherever necessary, be rounded off to the next five paise.] SCHEDULE I-A (As Applicable to Andhra Pradesh) Stamp duty on certain instruments under the Indian Stamp (Andhra Pradesh Amendment) Act, 1922 (See Section 3, First Proviso) Description of Instrument Proper stamp duty (1) (2) 1. Acknowledgement of a debt exceeding twenty rupees in amount or value written or signed by, or on behalf of, a debtor in order to supply evidence of such debt 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: provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property. Twenty paise689 2. Administration-Bond including a bond given under Section 291 or Section 375 of the Indian Succession Act, 1925 (Central Act 39 of 1925) or Section 6 of the Government Savings Bank Act, 1873 (Central Act 5 of 1873)-- Â (a) where the amount does not exceed Rs. 1,000; 690Three-fourth of the duty as a Bond (No. 13) for such amount (b) in any other case. 691Thirty rupees. 3. 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. Thirty-five rupees.692 4. Affidavit including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. Exemptions Affidavit or declaration in writing when made for the sole purpose of enabling any person to receive any pension or charitable allowance. Â 5. Agreement or Memorandum of an agreement-- Â (a) if relating to the sale of a bill of exchange. One rupee695. (b) if relating to the sale of a Government security or share in an incorporated company or other body corporate. Subject to a maximum of seventy-five rupees696, fifty paise for every Rs. 10,000 or part thereof, of the value of the security or share. 697[6. AGREEMENT or MEMORANDUM OF AN AGREEMENT not otherwise provided for: Â (A) Where the value-- Â (i) does not exceed Rs. 5,000/- Ten Rupees698 (ii) exceeds Rs. 5,000/- but does not exceed Rs. 20,000/- Twenty Rupees699 (iii) exceeds Rs. 20,000/- but does not exceed Rs. 50,000/- Fifty Rupees700 (iv) exceeds Rs. 50,000/- One hundred Rupees.701 702(B) Sale agreement without possession 4% (adjustable) Sale Agreement without possession 0.5% (Not adjustable) Sale Agreement without Cum GPA 5% (4% adjustable and 1% Not adjustable) Development/construction 0.5% (Not adjustable) Development/construction Agreement cum GPA 1% (Not adjustable)] (C) In any other case 100 rupees703 (one hundred rupees)] 704[7. Agreement relating to 705deposit of title deeds, pawn, pledge or hypothecation, that is to say, any instrument evidencing an agreement relating to,-- Â (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; 0.5% of the amount secured by such deed, subject to a maximum of fifty thousand rupees. 706(b) the pawn, pledge or hypothecation of moveable 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,- Â (i) if such loan or debt is repayable on demand or more than three months from the date of the instrument, evidencing the agreement; 0.5% of the amount secured, subject to a maximum of two lakh rupees. (ii) if such loan or debt is repayable not more than three months from the date of such instrument. Half the duty payable under sub-clause (i). Explanation:-- For the purpose of the 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. Exemption: 1. Letter of hypothecation accompanying a bill of exchange duly stamped. 2. Unattested instrument of pawn or pledge of,-- (a) Farm equipment and Tractors; (b) Any goods for a loan secured upto one lakh rupees.] 8. Appointment in execution of a power, whether of trustees or of property, movable, or immovable where made by any writing not being a will. Sixty rupees707 9. Appraisement or valuation made otherwise that under an order of the Court in the course of a suit-- Â (a) where the amount does not exceed Rs. 1,000; The same duty as a Bottomry Bond (No. 14) for such amount (b) in any other case. Thirty 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. Exemptions Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Central Act 52 of 1961) or, by which a person is apprenticed by, or at the charge of, any public charity. Fifteen rupees708 709[11. Articles of Association of a company,- Â (i) where the company has no share capital; One thousand rupees (ii) where the company has authorised share capital or increased share capital. 0.15% of such authorised share capital subject to a maximum of one thousand rupees and a maximum of five lakh rupees.] 12. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit-- Â (a) where the amount or value of the property to which the award relates, as set forth in such award, does not exceed Rs. 1,000; The same duty as a Bottomry Bond (No. 14) for such amount (b) if it exceeds Rs. 1,000 but does not exceed Rs. 5,000; Fifty rupees and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000. Two rupees subject to a maximum of two hundred rupees. 13. Bond, as defined by Section 2(5), not being a debenture and not being otherwise provided for, by this Act, or by the Andhra Pradesh Court-fees and Suits Valuation Act, 1956 (Act VII of 1956). Â (a) where the amount or value secured does not exceed Rs. 1,000/-; Three rupees for every one hundred rupees or part thereof; (b) where it exceeds Rs. 1,000/-. The same duty as under Clause (a) for the first Rs. 1,000 and for every Rs. 500 or part thereof in excess of Rs. 1,000, fifteen rupees. Exemptions Bond, when executed by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem. Â 14. 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-- Â (a) where the amount or value secured does not exceed Rs. 1,000/-; Three rupees for every one hundred rupees or part thereof; (b) where it exceeds Rs. 1,000/-. The same duty as under Clause (a) for the first Rs. 1,000 and for every Rs. 500 or part thereof in excess of Rs. 1,000, fifteen rupees. 710[15. Cancellation:- Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. Thirty rupees.711 712[16. 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-- Â (a) where the purchase money does not exceed Rs. 10; One rupee (b) where the purchase money exceeds Rs. 10 but does not exceed Rs. 25; One rupee fifty paise (c) in any other case, The same duty as a Conveyance (No. 20) for a consideration or market value equal to the amount of the purchase money only. 17. 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. Thirty paise713 18. (1) Charter party, that is to say, any instrument (except an agreement for the hire of a tugsteamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charter, whether it includes a penalty clause or not. Five rupees714 715[(2) A Chit Agreement, that is to say, an agreement, relating to a chit as defined in clause (2)(c) of Section 2 of the Chit Funds Act (Act No. 40 of 1982) if, either such agreement is executed, or the chit is conducted in the State of Andhra Pradesh, where the value of the chit,-- Â (i) does not exceed rupees one lakh; Ten rupees716; (ii) exceeds rupees one lakh Fifty rupees717] 19. 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 of under letters of licence, for the benefit of his creditors. Thirty-five rupees718 719[20. 720[Conveyance as defined by Section 2(10) not being a sale, charged under (No. 47-A) or a transfer charged or exempted under (No. 53)]. Â (a) where the amount or value of the consideration for such conveyance as set forth therein 721[or the market value of the property which is the subject-matter of the conveyance whichever is higher] does not exceed Rs. 50; Two rupees fifty paise (b) where it exceeds Rs. 50, but does not exceed Rs. 1,000; Five rupees for every one hundred rupees or part thereof. (c) where it exceeds Rs. 1,000. The same duty as under Clause (b) for the first Rs. 1,000 and for every Rs. 500 or part thereof in excess of Rs. 1,000, twenty-five rupees. 722[(d) conveyance, so far as it relates to amalgamation or merger of companies under the order of High Court under Section 394 of the Companies Act, 1956. (Central Act 1 of 1956) Two rupees for every one hundred rupees or part thereof of the market value of the property, which is the subject matter of such conveyance. Explanation:-- For the purpose of the Clause (d) the market value of the property shall be deemed to be the amount of total value of the shares issued or allotted by the transferee company, either in exchange or otherwise, and the amount of consideration, if any, paid for such amalgamation or merger.] 723[Provided that where an agreement to sell an immovable property is stamped with the ad valorem stamp required for a conveyance on sale under Article 47-A and a conveyance on sale in pursuance of such agreement is subsequently executed, the duty on such conveyance on sale shall be the duty payable under the article less the duty already paid under Article 47-A subject to a minimum of five rupees.] 21. Copy or extract, certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to Court-fees-- Â (i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed two rupees fifty paise. (ii) in any other case,-- Exemptions (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. (b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths, or burials. Â 22. Counterpart or duplicate of any instrument, chargeable with duty and in respect of which the proper duty has been paid-- Â (a) if the duty with which the original instrument is chargeable does not exceed 728[ten rupees]; The same duty as payable on the original.729 (b) in any other case. 23. Customs Bond-- Â (a) where the amount does not exceed Rs. 1,000; The same duty as a Bottomry Bond (No. 14) for such amount. (b) in any other case. Thirty rupees 24. 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 port or any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument, being signed 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 732[five thousand rupees]. 25. Divorce:- Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. Five rupees.735 26. Entry as an Advocate on the roll of the Bar Council of Andhra Pradesh under the Advocates Act, 1961. Exemptions Entry as an advocate on the roll of the Bar Council of Andhra Pradesh when he has been previously enrolled as a Vakil in the Andhra Pradesh High Court or as an Advocate or Vakil in any other High Court. Two hundred and fifty rupees736 or if previously enrolled as an Attorney in any High Court one hundred and twenty- five rupees737. 27. Exchange of property:- Instrument of. 738The same duty as a Conveyance (No. 20) for a consideration or market value equal to the market value of the property of greater value which is the subject-matter of Exchange. 28. Further Charges:- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-- Â (a) when the original mortgage is one of the description referred to in Clause (a) of Article 35 (that is, with possession). The same duty as a conveyance (No. 20) for a consideration or market value equal to the amount of the further charge secured by such instrument. (b) When such mortgage is one of the description referred to in Clause (b) of Article 35 (that is, without possession)-- Â (i) if at the time of execution of the instrument or further charge possession of the property is given or agreed to be given under such instrument; The same duty as a Conveyance (No. 20) for a consideration or 739market value equal to the total amount of the charges (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. The same duty as a Bottomry Bond (No. 14) for the amount of the further charge secured by such instrument. 29. 740[ Gift:- Instrument of, not being a settlement (No. 49) or Will or Transfer (No. 53). The same duty as a Conveyance (No. 20) for a consideration or 741market value equal to the market value of the property, which is the subject-matter of the gift. 30. Indemnity Bond. The same duty as a Security Bond (No. 48) for the same amount. 742[31. Lease, including an under-lease or sub-lease and any agreement to let or sub-let or any renewal of lease,-- Â (a) Whereby such lease, the rent is fixed and no premium is paid or delivered,-- Â (i) Where the lease purports to be for a term of less than one year; 7430.4% of the total rent (ii) Where the lease purports to be for a term of not less than one year but not more than five years; Â 744(a) For residential properties 7450.5% on average annual rent 746(b) In other case 7471% on average annual rent (iii) where the lease purports to be for a term exceeding five years but not exceeding ten years; Â 748(a) For residential properties 7491% on average annual rent 750(b) In other case 7512% on average annual rent (iv) where the lease purports to be for a term exceeding ten years but not exceeding twenty years; 752Six percent of the average annual rent reserved. (v) where the lease purports to be for a term exceeding twenty years but not exceeding thirty years; 753Fifteen percent of the average annual rent reserved. (vi) (a) where the lease purports to be for a period in excess of thirty years or in perpetuity or does not purports to be for a definite period; 754Three percent of the market value of the property. (b) where the lease is granted for a fine or premium or for money advanced or to be advanced and where no rent is reserved; 755Two percent on fine, premium or money advanced. (c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved; 756Two percent on fine, premium or money advanced in addition to duty which would have been payable on such lease, if no fine or premium or advance have been paid or delivered. Exemption:--Lease, executed in case of a cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one thousand rupees. Explanation:-- 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 less or, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent; (d) where the lessee under-takes to effect improvement in the leased property and agrees to make the same to the less or at the time of termination of lease falling under clauses (a), (b) or (C); 757Two percent on the value of improvements 32. 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. Thirty paise758 759[33. Licence of immovable or movable property, that is to say licence granted by owner or authority for rent or fee or by whatever name it is called,- Â (a) Whereby such licence granted for rent or fee or by whatever name it is called,- (i) where the licence purports to be for a term of less than one year; Two rupees for every one hundred rupees or part thereof for the first Rs.1000/- and for every Rs.500/- or part thereof in excess of Rs. 1,000/- ten rupees, for the whole amount payable or deliverable under such licence; (ii) where the licence purports to be for a term of not less than one year but not more than five years; Two rupees for every one hundred rupees or part thereof for the first Rs. 1,000/- and for every Rs.500/- or part thereof in excess of Rs. 1,000/-ten rupees, for the amount or value of the average annual rent or fee or by whatever name it is called; (iii) where the licence purports to be for a term of not less than five years but not exceeding ten years; Five percent on the amount or value of one and half times of the average annual rent or fee or by whatever name it is called; (b) where the licence is granted for a lumpsum amount advanced and where no rent or fee or by whatever name it is called is reserved; Two percent on the lumpsum amount; (c) where the licence is granted for a lumpsum amount advanced in addition to rent or fee or by whatever name it is called; 760[Two percent on the lumpsum amount advanced as set forth in the licence in addition to the duty which would have been payable on such licence if no lumpsum amount advanced had been paid or delivered]; 761[34. Memorandum of Association of a company:-- Â (a) if accompanied by Articles of Association under Section 26 of the Companies Act, 1956; (Central Act 1 of 1956). Five hundred rupees; (b) if not so accompanied; The same duty as under Article 11 according to the share capital of the company]. 35. Mortgage Deed, not being an Agreement relating to Deposit of title deeds, Pawn or Pledge (No. 7) Bottomry Bond (No. 14) Mortgage of a crop (No. 36) Respondentia Bond (No. 47) or Security Bond (No. 48). Â (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given: The same duty as a conveyance (No. 20) for a consideration or 762market value equal to the amount secured by such deed. 763[(b) when possession is not given or agreed to be given as aforesaid; The same duty764 as a Bottomry Bond (No. 14) for the amount secured by such deed. Explanation:- A mortgagor who gives or has given to the mortgagee a power of attorney to collect rents or gives or has given to the mortgagee a lease, of the property mortgaged or part thereof, is deemed to give possession thereof within the meaning of this article; Â (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-- for every sum secured not exceeding Rs. 1,000; Three rupees and for every Rs. 1,000 or part thereof secured in excess of Rs. 1000. Three rupees Exemption Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (Central Act 19 of 1883), or the Agriculturists', Loans Act, 1884, (Central Act 12 of 1884) or by their sureties as security for the repayment of such advances. Â 36. 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-- (a) when the loan is repayable not more than three months from the date of the instrument- Â for every sum secured not exceeding Rs. 200. Forty paise765 and for every Rs. 200 or part thereof secured in excess of Rs. 200. Forty paise766 (b) when the loan is repayable more than three months but not more than eighteen months from the date of the instrument-- Â for every sum secured not exceeding Rs. 100. Sixty paise767 and for every Rs. 100 or part thereof secured in exceed of Rs. 100. Sixty paise768 37. Notarial act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No. 43) made or signed by a Notary in the execution of the duties of his office or by any other person lawfully acting as a Notary. Three rupees fifty paise769 38. Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal-- Â (a) of any goods exceeding in value twenty rupees; One rupee770 (b) of any stock or marketable security exceeding in value twenty rupees. Subject to a maximum of fifty rupees,771 fifty paise for every Rs. 10,000 or part thereof of the value of the stock or security. 39. Note of Protest by the Master of a Ship. Two rupees.772 77340. Partition--Instrument of [as defined by Section 2 (15)]. The same duty as a Bottomry Bond (No. 14) for the amount or the 774market value of the separated share or shares of the property. N.B.:- The largest share remaining after the property is partitioned (or if there are two or more shares of equal market value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated: Provided always that-- (a) when an instrument of partition containing an agreement to divide property in severality is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced, by the amount of duty paid in respect of the first instrument, but shall not be less than five rupees; (b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at twenty-five times the annual revenue. (c) where a final order for effecting a partition passed by any Revenue Authority or any 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 exceed five rupees. 775[41. Partnership:-- A. Instrument of, Â (a) where the capital of the partnership does not exceed Rs. 5,000/ One hundred rupees (b) in any other case. Five hundred rupees B. Reconstitution of,- Â (a) where immovable property contributed as share by a partner or partners remains with the firm at the time of outgoing in whatever manner by such partner or partners on reconstitution of such partnership; Five percent on the market value of the immovable property remaining with the firm. (b) in any other case. Rupees five hundred C. Dissolution of,- (a) where the property which belonged to one partner or partners when the partnership commenced is distributed or allotted or given to another partner or partners; 776[Three percent on the market value equal to the market value of the property distributed or allotted or given to the partner or partners under the instrument of dissolution in addition to the duty which would have been chargeable on such dissolution if such property had not been distributed or allotted or given; (b) in any other case. Rupees five hundred.] 42. Power of Attorney as defined by Section 2 (21) not being a proxy-- Â 777(a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; 778[Twenty rupees] (b) when authorising one person or more to act in a single transaction other than the case mentioned in Clause (a); 779[Twenty rupees] (c) when authorising not more than five persons to act jointly and severally in more than one transaction or generally; 780[Fifty rupees] (d) when authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; 781[Seventy-five rupees] (e) when given for consideration and authorising the attorney to sell any immovable property; The same duty as a conveyance (No. 20) for a consideration or 782market value equal to the amount of the consideration (f) in any other case; 783[Twenty-five rupees] for each person authorised 784[785[(g) when given for construction on, development of, or sale or transfer (in any manner whatsoever) of, any immovable property; Five rupees for every one hundred rupees or part thereof on the market value of the property.] N.B.:-The term "registration " includes every operation incidental to registration under the Indian Registration Act, 1908 (Central Act 16 of 1908). Explanation:- For the purposes of this article, more persons than one when belonging to the same firm shall be deemed to be one person. 43. Protest of Bill or Note, that is to say, any declaration in writing made by a Notary, or other person lawfully acting as such, attesting the dishonour of a bill of exchange or promissory note. Three rupees.786 44. 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 charters or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary or other person lawfully acting as such. Five rupees.787 45. Reconveyance of mortgaged property,-- Â (a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000. The same duty as a Conveyance (No. 20) for a consideration or market value equal to the amount of such consideration as set forth in the reconveyance (b) in any other case. Fifty rupees. Note:- Release of Mortgage Right should be charged with a maximum stamp duty of Rs.50/- (Source: Vide Memo No. St/6569/88 dt. 11.10.88). 78846. Release, that is to say, Â 789[(A) 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 -- Â (a) where the amount or value of the claim does not exceed Rs. 1,000/-. Three rupees for every one hundred rupees or part thereof on the consideration of such release as set forth therein or the market value of the property whichever is higher over which claim is relinquished. (b) where it exceeds Rs. 1,000/-. The same duty as under Clause (a) for the first Rs. 1,000 and for every Rs. 500 or part thereof in excess of Rs. 1000 fifteen rupees on the consideration or market value of the property whichever is higher, over which claim is relinquished] B. Release of benami right. The same duty790 as a Conveyance (No. 20) for a consideration equal to the value of the property as set forth in the release. 791C. Release of right of redemption of a mortgage with possession or of the right to obtain reconveyance of property already conveyed The same duty as a conveyance (No. 20) for the amount of such consideration as set forth in the release. 47. 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 Bottomry Bond (No. 14) for the amount of the loan secured. 792[47-A. Sale as defined in Section 54 of the Transfer of Property Act, 1882 -- Â 793(a) in respect of property situated in any local area comprised in a Municipal Corporation-- Â (i) where the amount or value of the consideration for such sale as set forth in the instrument or the market value of the property which is the subject matter of the sale whichever is higher but does not exceed Rs. 1,000/-. Eight rupees for every one hundred rupees or part thereof. (ii) where it exceeds Rs. 1,000/-. The same duty as under Clause (i) for the first Rs. 1,000/- and for every Rs. 500/- or part thereof in excess of Rs. 1,000 forty rupees. (b) in respect of property situated in any local area comprised in the Selection Grade or in Special Grade Municipality,-- Â (i) where the amount or value of the consideration for such sale as set forth in the instrument or the market value of the property which is the subject matter of the sale whichever is higher but does not exceed Rs. 1,000/-. Seven rupees794 for every one hundred rupees or part thereof. (ii) where it exceeds Rs. 1,000/-. The same duty795 as under Clause (i) for the first Rs. 1,000 and for every Rs. 500/- or part thereof in excess of Rs. 1,000 Thirty-five rupees. (c) where the property is situated in any area other than those mentioned in Clauses (a) and (b),-- Â (i) where the amount or value of the consideration for such sales as set forth in the instrument or the market value of the property which is the subject matter of the sale, whichever is higher but does not exceed Rs. 1,000/-. Six rupees796 for every one hundred rupees or part thereof. (ii) where it exceeds Rs. 1,000/-. The same duty797 as under Clause (i) for the first Rs. 1,000/ - and for every Rs. 500/- or part thereof in excess of Rs. 1,000 thirty rupees.] 798[(d) if relating to a multi-unit house or unit of apartment/flat/portion of a multi-storied building or part of such structure to which the provisions of Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987, apply: Â 799(i) where the value does not exceed Rs. 2,00,000/- Rupees Twelve thousand. (ii) where it exceeds Rs. 2,00,000/- but does not exceed Rs. 3,50,000/-. Rupees Twelve thousand plus 4% on the value above Rs. 2,00,000/- (iii) where it exceeds Rs. 3,50,000/- but does not exceed Rs. 7,00,000/- Rupees Eighteen thousand plus 6% on the value above Rs. 3,50,000/- (iv) where it exceeds Rs. 7,00,000/- Rupees Thirty-nine thousand plus 8% on the value above Rs. 7,00,000/-] 800[Explanation-I An agreement to sell followed by or evidencing delivery of possession of the property agreed to be sold shall be chargeable as a "Sale" under this Article: Provided that, where subsequently a sale deed is executed in pursuance of an agreement of sale as aforesaid or in pursuance of an agreement referred to in Clause (b) of Article 6, the stamp duty, if any, already paid or recovered on the agreement of sale be adjusted towards the total duty leviable on the sale deed. Explanation-II For the purposes of Clause (d), (i) "unit" includes a flat, apartment, tenement, portion or semi-finished part of such structure; and (ii) "value" means the consideration or value of the apartment/flat/portion or semi-finished part of such structure of multistoried building as declared in the document by the seller and builder or market value whichever is higher.] Â 801[48. Security bond or mortgage deed executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract. 3 per centum of the value of the security subject to a maximum of rupees one hundred51. Exemptions Bond or other instruments when executed-- (a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital, or any other object of public utility, shall not be less than a specified sum pre mensem; (b) executed by persons taking advances under the Land Improvement Loans Act, 1883 (Central Act 19 of 1883) or the Agriculturists' Loans Act, 1884 (Central Act 12 of 1884), or by their sureties as security for the repayment of such advances; (c) executed by officers of Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.] Â A. Instrument of (including a deed of dower)-- The same duty as a Bottomry Bond (No. 14) for a sum equal to the amount or market value of the property settled as set forth in such settlement : 804(a) settlement in favour of a member or members of a family. Provided that, 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 be the duty as mentioned in Article 6. Â Explanation:- For the purpose of this article "family" means father, mother, husband, wife, brother, sister, son, daughter and includes grand father, grand mother, grand child, adoptive father or mother, adopted son or daughter. 805(b) in any other case 806Two rupees for every hundred rupees or part thereof of the market value of the property which is the subject matter of settlement. Exemption Deed of dower executed on the occasion of a marriage between Muslims. B. Revocation of--- The same duty as a Bottomry Bond (No. 14) for a sum equal to the amount or value of the property concerned as set forth in the instrument of revocation but not exceeding ninety rupees]. 50. Share warrant to bearer issued under the Companies Act, 1956 (Central Act I of 1956). One and a half times the duty payable on a Conveyance (No. 20) for a consideration 807or market value equal to the nominal amount of the shares specified in the warrant. 51. Shipping Order for or relating to the conveyance of goods on board of any vessel. Twenty paise808. 52. Surrender of Lease-- Â (a) when the duty with which the lease is chargeable does not exceed thirty rupees; The duty with which such lease is chargeable809. (b) in any other case. Thirty rupees810. 53. Transfer (whether with or without consideration):- Â (a) of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by Sec. 8. One half of the duty payable on a Conveyance (No. 20) for a consideration 811or market value equal to the face amount of the debenture. (b) of any interest secured by a bond, mortgage deed or policy of insurance-- Â (i) if the duty on such bond, mortgage deed or policy of insurance does not exceed thirty rupees. The duty with which such bond, mortgage deed or policy of insurance is chargeable. (ii) in any other case. Thirty rupees (c) of any property under the Administrators -General Act, 1963 (Central Act 45 of 1963); Thirty-five rupees (d) of any trust-property from one trustee to another trustee or from a trustee to a beneficiary. Thirty rupees or such smaller amount as may be chargeable under Clauses (a) and (b) of this Article. Exemptions Transfers by endorsement (a) of a bill of exchange, cheque or promissory note, (b) of a bill of lading, delivery order warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. Â 54. Transfer of lease by way of assignment and not by way of under-lease. The same duty as a Conveyance (No. 20) for a consideration 812or market value equal to the amount of the consideration for the transfer. 55. Trust-- A. Declaration of- of, or, concerning any property when made by any writing, not being a will or a declaration as provided in Section 2 (24). Â The same duty as a 813[Conveyance (No. 20)] for a sum equal to the amount or value of the property concerned, as set forth in the instrument; but not exceeding 814[two hundred rupees815]. B. Revocation of -of, or, concerning, any property when made by any instrument other than a will. The same duty as a 816[Conveyance (No. 20)] for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding 817[one hundred rupees818]. 56. 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, ware-house or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be. One rupee fifty paise819. SCHEDULE II Enactments repealed - Repealed by the Repealing and Amending Act, 1914 (10 of 1914), S. 3 and Sch. II. INDIAN STAMP ACT, 1899 SCHEDULE I STAMP-DUTY ON INSTRUMENTS (See Section 3) Sl. No. Description of Instrument Proper Stamp-duty (1) (2) (3) 1. Acknowledgement Fifty Rupees 2. Administration Bond including Bond given under Section 6 of the Government Saving Bank Act, 1873 or Section 291 or Section 376 of the Indian Succession Act, 1925: (a) Where the amount does not exceed Rs. 1,000. The same duty as a bond (No. 15) for such amount (b) In any other case. Twenty rupees 3. Adoption Deed Two hundred rupees 4. Affidavit Fifteen rupees 5. Agreement or memorandum of an Agreement: (a) If relating to sale of a bill of exchange. Five rupees. (b) If relating to sale of a Government Security. Subject to maximum of Rs. 100 for every Rs. 10,000 or part thereof of the value of Security. (c) if relating to purchase or sale of shares, scripts, stocks, bonds, debentures, debenture stocks or any other marketable security of a like nature in or any incorporated company or other body corporate- (i) when such agreement or memorandum of an agreement is with or through a member or between members of a stock exchange recognised under the Securities Contracts (Regulation) Act, 1956. Three rupees for every Rs. 5000 or part thereof of the value of the security at the time of its purchase or sales as the case may be. (ii) in other cases Five rupees for every Rs. 5000 or part thereof of the value of the security at the time of its purchase or sale as the case may be. (d) If executed for service or for performance of work in any estate whether held by one person or by more persons than one as co-owners and whether in one or more blocks and situated in Assam where the advance given under such agreement does not exceed one thousand rupees. Agreement to lease. Five rupees. (e) if not, otherwise provided for Ten rupees. 6. Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any instrument evidencing an agreement relating to-- (1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), or (2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or future debt-- (a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement,-- if the amount of loan does not exceed Rs. 500; Five rupees. if it exceeds Rs. 500 and does not exceed Rs. 1,000; Ten rupees. and for every Rs. 1,000 or part thereof in excess of Rs. 1,000. Ten rupees. (b) if such loan or debt is repayable not more than three months from the date of such instrument. Half the duty payable under sub-clause (a). Exemption: Instrument of pawn or pledge of goods if unattested. 7. Appointment in execution of a dower, whether of trustees or of property, movable or immovable, where made by any writing not being a Will-- (a) where the value of the property does not exceed Rs. 1,000; Fifty rupees. (b) in any other case. One hundred rupees. 8. Appraisement or valuation made otherwise than under an order of the Court in the course of a suit- (a) where the amount does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount. (b) in any other case. Thirty rupees. Exemption: (a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. 9. 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. Exemption: Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Act LII of 1961), or by which a person is apprenticed by, or at the charge of any public charity. Thirty rupees. 10. Articles Association of a Company (a) where the company has no share capital or the nominal share capital does not exceed Rs. 2,500; Seventy-five rupees. (b) where the nominal share capital exceeds Rs. 2,500 but does not exceed Rs. 5,000; One hundred rupees. (c) where the nominal share capital exceeds Rs. 5,000 but does not exceeds Rs. 1,00,000; One hundred fifty rupees. (d) where the nominal share capital exceeds Rs. 1,00,000. Exemption: Three hundred ten rupees. Articles of any Association not formed for profit and registered under Section 25 of the Indian Companies Act, 1956 (Act I of 1956). See also Memorandum of Association of a Company (No. 39). Assignment--See Conveyance (No. 23) Transfer (No. 62), and Transfer of Lease (No. 63), as the case may be. Attorney--See Power-of-attorney (No. 48). Authority to adopt--See Adoption-deed (No. 3). 11. Articles of Clerkship or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. Assignment. See conveyance (No. 23), transfer (No. 62), and transfer of lease (No. 63), as the case may be. Attorney. See entry as an attorney (No. 30), and power-of-attorney (No. 48). Authority to adopt. See adoption-deed (No. 3). Two hundred and fifty rupees. 12. Award: (a) Where amount or value of the property to which the award relates as set forth in such award, does not exceed Rs. 1,000. The same duty a Bond for such amount. (b) if it exceeds Rs. 1,000 but does not exceeds Rs. 5,000. Twenty rupees. and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000. Two rupees subject to a maximum of one hundred and-thirteen rupees. 13. Bill of Exchange as defined by Section 2(2) [***], not being a BOND, bank-note or currency note-- (a) [***] (b) where payable otherwise than on demand- (i) Where payable not more than three months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; Thirty paise. it exceeds Rs. 500 but does not exceed Rs. 1,000; Sixty paise. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; Sixty paise. (ii) where payable more than three months but not more than six months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; Sixty paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; One rupee twenty paise. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; One rupee twenty paise. (iii) where payable more than six months but not more than nine months after date or sight--if the amount of the bill or note does not exceed Rs. 500; Ninety paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; One rupee eighty paise. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; One rupee eighty paise. (iv) where payable more than nine months but not more than one year after date or sight--if the amount of the bill or note does not exceed Rs. 500; One rupee twenty five paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000 Two rupees fifty paise. and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000; Two rupees fifty paise. (c) where payable at more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; Two rupees fifty paise. if it exceed Rs. 500 but does not exceed Rs. 1,000; Five rupees. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000. Five rupees. 14. Bill of Lading (including a through bill of lading). One rupee. Exemptions: (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 (10 of 1889), and are to be delivered at another place within the limits of the same port. (b) Bill of lading when executed out of India and relating to property to be delivered in India. N.B.--If a bill of lading drawn in parts, the proper stamp therefor must be borne by each one of the set. 15. Bond as defined by Section 2(5) not being debenture (No. 27) and not being otherwise provided for by this Act or by the Court Fees Act, 1870 Where the amount of value secured does not exceed Rs. 500. Ten rupees. Where it exceeds Rs. 500 and does not exceed Rs. 1,000. and for every Rs. 500 or part thereof in excess of Rs. 1,000. Twenty rupees. Ten rupees. 16. Bottomry Bond that is to say, any instrument whereby the master of sea going ship borrows money on the security of a ship to enable him to preserve the ship or persecute her voyage. The same duty as a Bond (No. 15) for such amount. 17. Cancellation instrument of (including any instrument by which any previously executed is cancelled) if attested and not otherwise provided for. Thirty rupees. 18. Certificate of sale (in respect of each property put up as a separate lot sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or Revenue Officer. Same duty as on Conveyance (No. 23) for a market value of equal to the amount of the purchase money only. 19. Certificate or other document evidencing the right or title of the holder thereof or any other person either to any shares, script or stock in or of any incorporated company or other body corporate or to become proprietor of shares, script or stock in, or of any such company or body. Five rupees. 20. Charter Party, that is to say, any instrument (except and agreement for the hire of a tug steamer), whereby a vessel or some specified principal part thereof is left for the specified purpose of the charter whether it includes a penalty clause or not. Fifteen rupees. 21. [Omitted] 22. 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 business, under the supervision of inspectors or under letters of License for the benefit of his creditors Seventy five rupees. 23. Conveyance as defined by Section-2(10), not being a Transfer, charged or exempted under No. 62. Two percent of the market value of the property such conveyance made in favour of women solely or jointly with others and three percent for others." 24. Copy or extract certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees. (i) If the original was not chargeable with duty or if the duty with which it was chargeable does not exceed two rupees. Five rupees. (ii) in any other case not falling within the provisions of Section 6-A. Ten rupees. 25. Counterpart or Duplicate of any instrument chargeable with duty and in respect of which proper duty has been paid. (a) if the duty with which the original instrument is chargeable does not exceed two rupees. The same duty as is payable on the original. (b) in any other case not falling within the provisions of Section 6A. Ten rupees. 26. Customs Bonds- (a) Where the amount does not exceed Rs. 1,000. The same duty as bond for such amount. (b) in any other case. Fifty rupees. 27. Debenture (Whether a mortgage debenture or not), being a marketable security transferable-- (a) by endorsement or by a separate instrument of transfer (b) by delivery 0.05% per year of the face value of the debenture, subject to the maximum of 0.25% or rupees twenty-five lakhs whichever is lower. Explanation--The term "Debenture" includes any interest coupons attached but the amount of such coupons shall not be included in estimating the duty. Exemption: A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, where by the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debentures holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed. Declaration of any Trust. See TRUST (No. 64). 28. Delivery order in respect goods. Five rupees. 29. Divorce instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. Fifty rupees. 30. Entry as an advocate vakil or attorney on the roll of any High Court under the Indian Bar Councils Act, 1926, or in exercise of powers conferred on such court by Letters Patent or by the Legal Practitioners Act, 1884-- (a) in the case of an Advocate or vakil Five hundred rupees. (b) in the case of an Attorney Two hundred and fifty rupees. Exemption: Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. [***] 31. Exchange of property, instrument of The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such instrument. 32. Further Charge--Instrument of, that 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. 40 (that is, with possession); (b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession)-- The same duty as a conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument. (i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument. The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the 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 possessions is not so given. The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument. 33. Gift instrument of not being a settlement (No. 58) or will or transfer (No. 62). The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such instrument. 34. Indemnity Bond The same duty as security bond for the same amount. 35. Lease-including an under lease or sub-lease and any agreement to let or sub-let- (a) Where by such lease is fixed and no premium is paid or delivered. (i) Where the lease purports to be for a term of less than one year. The same duty as a Bond (No. 10) for the whole amount payable or deliverable under such lease. (ii) Where the lease purports to be for a term of not less than one year but not more than five year The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved. (iii) Where the lease purports to be for a term exceeding five years, and not exceeding ten years. The same duty as a conveyance (No. 23) for a market value equal to the amount or value of the average annual rent reserved. (iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years. The same duty as a conveyance (No. 23) for a market value equal to twice the amount or value of the average annual rent reserved. (v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years. The same duty as a conveyance (No. 23) for a market value equal to three times the amount or value of the average annual rent reserved. (vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years. The same duty as a conveyance (No. 23) for a market value equal to four times the amount or value of the average annual rent reserved. (vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity. The same duty as a conveyance (No. 23) for a market value equal in the case of a lease granted solely for agricultural purposes to one-tenth and in any other case to one-sixth of the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease. (viii) Where the lease does not purport to be for any definite term. The same duty as a conveyance (No. 23) for a market value equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. (b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved. The same duty as a conveyance (No. 23) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease. (c) Where the lease is granted for' a fine or premium or for money advanced in addition to rent reserved. The same duty as a conveyance (No. 23) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered: Provided that, in any case where an agreement to lease is stamped with the advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed the duty on which lease shall not exceed two rupees. Exemption Lease, executed in the case of cultivator for the purpose of cultivation (including a lease of trees for the production of food or drink) without the payment or, delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. In this exemption a lease for the market purpose of cultivation shall including a lease of lands for cultivation together with a homestead or tank. Explanation-When lease undertakes to pay any recurring charge, such as Government revenue, landlords share of cesses, or the owner's share of municipal rates of taxes, which is by law recoverable from the lessor, the amounts so agreed to be paid by the lessee shall be deemed to be part of the rent. 36. 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. Five rupees. 38. Letter of licence that is to say, any agreement between a debtor and creditors that the letter shall for a specified time suspend their claims and allow the debtor to carry on business at his own discretion. Fifty rupees. 39. Memorandum of Association of a Company-- (a) If accompanied by articles of Association under Section 26, 27 and 28 of the Companies Act, 1958. Two hundred rupees. (b) If not so accompanied. Five hundred rupees. 40. Mortgage Deed not being an agreement relating to Deposit of Title deeds pawn or pledge (NO. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57). Five hundred rupees. (a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor on agreed to be given. The same duty as a conveyance (No. 23) for a market value equal to the amount secured by such deed. (b) When possession is not given or agreed to be given as aforesaid. The same duty as a Bond (No. 15) for the amount secured by such deed. Explanation-A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article. (c)(i) 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 for every sum secured not exceeding Rs. 1,000. Three rupees. (ii) and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. Exemptions: Four rupees. (1) Instruments executed by persons taking advance under the Land Improvement Loans Act, 1983 or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a bill of exchange. 41. 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- (a) when the loan is repayable not more than three months from the date of the instrument-- for every sum secured not exceeding Rs. 200; Fifty paise. and for every Rs. 200 or part thereof secured in excess of Rs. 200; Seventy-five paise. (b) when the loan is repayable more than three months, but not more than eighteen months from the date of instrument-- for every sum secured not exceeding Rs. 100; One rupee. and for every Rs. 100 or part thereof secured in excess of Rs. 100. One rupee. 42. Notarial Act, that is to say, instrument, endorsement, note attestation certificate or entry not being a protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office or by any other person lawfully acting as not any public. Fifteen rupees. 43. 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 twenty rupees. Five rupees. (b) of any stock or marketable security exceeding in value twenty rupees. Five rupees for every Rs. 10,000 or part thereof of the value of the stock or security. 44. Note of Protest by the Master of Ship. Ten rupees. 45. Partition-Instrument of [As defined by Section 2(15)]. The same duty as a Bond (No. 15) for the amount or the value of the separated share or shares of the property. N.B.-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 share) shall be deemed to be that from which the other shares are separated. Provided always that-- (a) 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 partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than three rupees and thirty paise; (b) Where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than fifty times the annual revenue. (c) Where a final order for effecting a partition passed by any revenue authority or any Civil Court, or an award by an arbitrator directing a partition is stamped with stamp required for an instrument of partition and an instrument of partition in pursuance of such order of award is subsequently executed the duty in such instrument shall not exceed three rupees and thirty paise. 46. Partnership, A-Instrument of-- (a) Where the capital of the partnership does not exceed Rs. 1,000. The same as the Bond (No. 15). (b) in any other case Rupees one hundred. B-Dissolution of-- Power or Pledge-See Agreement relating to deposit of Title deeds Power of Pledge (No. 6). Fifty rupees. 47. Policy of Insurance-A.--Sea Insurance (See Section 7) (1) for or upon any voyage-- (i) where the premium or consideration does not exceed the rate of [***] one-eighth per centum of the amount insured by the policy; If drawn singly Five paise. If drawn in duplicate, for each part. Five paise. (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; If drawn singly Five paise. If drawn in duplicate, for each part. Five paise. (2) for time-- (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy-- where the insurance shall be made for any time not exceeding six months; If drawn singly Ten paise. If drawn in duplicate, for each part. Five paise. where the insurance shall be made for any time exceeding six months and not exceeding twelve months. If drawn singly Ten paise. If drawn in duplicate, for each part. Five paise. B. Fire-insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects, crops and other property against loss or damage-- (1) in respect of an original policy-- (i) when the sum insured does not exceed Rs. 5,000; Twenty-five paise. (ii) in any other case; and Fifty paise. (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. One-half of the duty payable in respect of the original policy in addition to the amount, if any chargeable under No. 53. C. Accident and Sickness Insurance-- (a) against railway accident, valid for a single journey only. Five paise. Exemption: When issued to a passenger travelling by the intermediate or the third class in any railway; (b) in any other case--for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceeds Rs. 1,000 for every Rs. 1,000 or part thereof. Ten paise: Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000, the duty on such instrument shall be five paise for every Rs. 1,000 or part thereof the maximum amount which may become payable under it. CC. Insurance By Way Of Indemnity against liability to pay damages on account of accident to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium. Five paise. D. Life Insurance or Group Insurance or Other Insurance Not Specifically Provided For, except such a Re-Insurance, as is described in Division E of this article- (i) for every sum insured not exceeding Rs. 250; If drawn singly Ten paise. If drawn in duplicate, for each part Five paise. (ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500; If drawn singly Ten paise. If drawn in duplicate, for each part Five paise (iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. If drawn singly Twenty paise. If drawn in duplicate, for each part Ten paise. N.B.--If a policy of group Insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured. Exemption: Policies of life-insurance granted by the Director General of Post-Offices in accordance with rules for Postal life Insurance issued under the authority of the Central Government. E. Re-Insurance By An Insurance Company, which has granted a POLICY of the nature specified in Division A or Division B of this Article, with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One quarter of the duty payable in respect of the original insurance but not less than five paise or more than fifty paise: Provided that if the total amount of duty payable is not a multiple of five [***] paise, the total amount shall be rounded off to the next higher multiple of five [***] paise. General Exemption: Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. 48. Power of Attorney (As defined by Section (21), not being proxy, (a) When executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents. Fifteen rupees. (b) When required in suit or proceedings under Presidency Small Cause Courts Act, 1882. Fifty rupees. (c) When authorising one person or more to act in a single transaction other than the case mentioned in clause (a). One hundred rupees. (d) When authorising not more than five persons to act jointly and severally in more than one transaction or generally. Two hundred rupees. (e) When authorising more than five, but not more than ten persons to act jointly and severally in more than one transaction or generally. Four hundred rupees. (f) When given for consideration and authorising the attorney to sell immovable property. Same duty as a conveyance (No. 23) for the amount of the market value. (g) In any other case One hundred rupees. 49. Promissory Note as defined by Section 2(22)-- (a) when payable on demand-- (i) when the amount or value does not exceed Rs. 250; Five paise. (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000; Ten paise. (iii) in any other case. Fifteen paise. (b) where payable otherwise than on demand. One-fifth of the duty as applicable to Bill of Exchange (No. 13 of Schedule I) for the same amount payable otherwise on demand. 50. 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. Six rupees. 51. 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. Six rupees. See also Note of Protest by the Master of a Ship (No. 44). 52. Proxy empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) proprietors, members or contributors to the funds of any institution. One rupee. 53. Receipt as defined by Section 2(23) for any money or other property the amount or value of which exceeds five thousand rupees. Exemptions: Receipt-- (a) endorsed on or contained in any instrument duly stamped. or any instrument exempted under the proviso to Section 3 (instruments executed on behalf of the Government) or any cheque or bill of exchange payable on demand acknowledging the receipt of the consideration money. Interest or annuity or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or in the States of Madras, Bombay and Andhra as they existed immediately before the 1st November, 1956 of Inam lands; (d) for pay or allowances by non-commissioned or petty officers, soldiers, sailors or airmen of Indian military, naval or air forces, when serving in such capacity, or by mounted police constables; (e) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a noncommissioned or petty officer, soldier, sailor or airman, of any of the said forces, and serving in such capacity; (f) for pensions or allowances by persons, receiving such pensions or allowances in respect of their service as such non-commissioned or petty officers, soldiers, sailors or airmen, and not serving the Government in any other capacity; (g) given by a headman or lambardar for land revenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker to be accounted for: Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: Provided also that this exemption shall not extend to a receipt or acknowledgement for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. See also Policy of Insurance No. 47B(2). 54. Reconveyance of Mortgaged Property-- (a) If the consideration for which the property was mortgaged does not exceed Rs. 1,000. The same duty as a conveyance (No. 23) for the amount of the market value as set forth in the conveyance. (b) If any other case Sixty rupees. 55. Release-- (a) if the amount or values of the claim does not exceed Rs. 1000 The same duty as a Bond for such amount or value as set forth in the Release. (b) in any other case Fifty rupees. 56. 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. 15) for the amount of the loan secured. Revocation of Any Trust or Settlement. See Settlement (No. 58); TRUST (No. 64) 57. Security Bond or Mortgaged Deed executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract. (a) When the amount secured not exceed Rs. 1,000. The same duty as Bond for the amount secured. (b) in any other case Fifty rupees. 58. Settlement A. Instrument of (including a deed of dower). The same duty as a conveyance (No. 23). B. Revocation of. The same duty as a conveyance for a sum equal to the amount of value of the property concerned as set forth in the instrument of revocation. 59. Share Warrants to bearer issued under the Indian Companies Act, 1956 (Act I of 1956). One-and-a-half times the duty payable on a conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. Exemptions Share warrant when issued by a company in pursuance of the Indian Companies Act, 1956, (Act I of 1956), Section 114, to have effect only upon payment, as composition for the duty, to the Collector of Stamp-revenue of-- (a) one-and-a-half per centum of the whole subscribed capital of the company; or (b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital one-and-a-half per centum of the additional capital so issued. 60. Shipping order Five rupees. 61. Surrender of Lease- (a) When the duty with which the lease is chargeable does not exceed ten rupees. The duty with which such lease is chargeable. 62. Transfer (whether with or without consideration)-- (a) of shares in an incorporated company or other body corporate; Twenty-five paise for every hundred rupees or part thereof of the value of the share. (b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by Section 8; One-half of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debentures. (c) of any interest secured by a bond, mortgage-deed or policy of insurance,-- (i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees; The duty with which such bond, mortgage-deed or policy of insurance is chargeable. (ii) in any other case Five rupees. (d) of any property under the Administrator General's 1874 (2 of 1874), Section 31; Ten rupees. (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary Five rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article. Exemptions: Transfers by endorsement-- (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. See also Section 8. 63. Transfer of Lease by way of assignment and not by way of under lease. The same duty as a conveyance (No. 23) for a market value equal to the amount of the market value for the transfer. Exemptions Transfer of any lease exempt from duty. 64. Trust-- A-Declaration of, or concerning any property when made by any writing not being a will. The same duty as a Bond for a sum equal to the amount or value of the property concern, as set forth in the instrument. B-Revocation of, or concerning, any property when made by instrument, any other than a will. The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding thirty rupees. 65. Warrant for Goods. Five rupees. SCHEDULE II Enactments Repealed.-[Repealed by the Repealing and amending Act, 1914 (10 Of 1914), Sec. 3 and Schedule II]. SCHEDULE I [Stamp duty on Instruments under the Indian-Stamp Act, 1899] (See Sec. 3) [Comments.--This Schedule contains Articles 13, 14, 16, 19, 28, 36, 37, 47, 53 and for the remaining Articles Schedule IA is to be seen.] Description of Instrument Proper Stamp-duty * * * * 13. Bill of Exchange (as defined by Sec. 2(2) not being a Bond, bank note or currency note-- Description of Instrument Proper Stamp-duty (a) 820[* * *] (b) Where payable otherwise than on demand (i) where payable not more than three months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 821[thirty paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; 822[sixty paise. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 823[sixty paise. (ii) where payable more than three months but not more than six months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 824[sixty paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; 825[one rupee twenty paise. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 826[one rupee twenty paise. (iii) where payable more than six months but not more than nine months after date or sight-- if the amount of the bill or note does not exceed Rs. 500; 827[Ninety paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; 828[One rupee and eighty paise. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 829[One rupee and eighty paise. (iv) where payable more than nine months but not more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; [One rupee and twenty five paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; [Two rupees and fifty paise. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; [Two rupees fifty paise. (c) where payable at more than one year after date or sight-- if the amount of the bill or note does not exceed Rs. 500; [Two rupees and fifty paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; [Five rupees and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; [Five rupees 14. Bill-of-Lading (including a through bill of lading). 830[One rupee] N.B.--If a bill of lading is drawn in parts, the proper stamp there of must be borne by each one of the set. Exemptions (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act 1889 (10 of 1889)831 and are to be delivered at another place within the limits of the same port. (b) Bill of lading when executed out of India and relating to property to be delivered in India. * * * * 16. Bottomary 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. 15) for the same amount. * * * * 19. Certificate of 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. Two annas. 832[27. Debenture (whether a mortgage debenture or not), being a marketable security transferable-- (a) by endorsement or by a separate instrument of transfer- where the amount or value does not exceed Rs. 10; Ten paise. where it exceeds Rs. 10 and does not exceed Rs. 50; Twenty paise. Ditto 50 Ditto 100; Thirty-five paise. Ditto 100 Ditto 200; Seventy-five paise. Ditto 200 Ditto 300; One rupee ten paise. Ditto 300 Ditto 400; One rupee fifty paise. Ditto 400 Ditto 500; One rupee eighty-five paise. Ditto 500 Ditto 600; Two rupee twenty-five paise. Ditto 600 Ditto 700; Two rupees sixty paise. Ditto 700 Ditto 800; Three rupees. Ditto 800 Ditto 900; Three rupee forty paise. Ditto 900 Ditto 1000; Three rupee seventy-five paise. and for every Rs. 500 or part thereof in excess of Rs. 1,000; One rupee eighty-five paise. (b) by delivery-- where the amount or value of the consideration for such debenture as set forth therein does not exceed Rs. 50; Thirty-five paise. where it exceeds Rs. 50 but does not exceed Rs. 100 Seventy-five paise Ditto 100 Ditto 200; One rupee fifty paise. Ditto 200 Ditto 300; Two rupees twenty-five paise. Ditto 300 Ditto 400;. Three rupees. Ditto 400 Ditto 500; Three rupees seventy-five paise Ditto 500 Ditto 600; Four rupees fifty paise. Ditto 600 Ditto 700; Five rupees twenty-five paise. Ditto 700 Ditto 800; Six rupees. Ditto 800 Ditto- 900; Six rupees seventy-five paise. Ditto 900 Ditto 1000; Seven rupees fifty paise. and for every Rs. 500 or part thereof in excess of Rs. 1,000: Three rupees seventy-five paise.] Explanation.--The term "Debenture" includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty. Exemption A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed. See also Letter of Allotment of Shares (No. 36) One anna. 28. Delivery-order in respect of goods, that is to say, any instrument entitling any person there in named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed 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 twenty rupees. Deposit of Title-Deeds. See Agreement relating to Deposit of Title-deeds, Pawan or Pledge (No. 6). Dissolution of Partnership, See Partnership (No. 46) * * * * 36. 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. Two annas. See also Certificate or other Document (No. 19) 37. Letter of Credit, that is to say instrument by which one person authorises another to give credit to the person in whose favour it is drawn. 833[One rupee] Letter of Guarantee See Agreement (No. 5). * * * * 834[47. Policy of Insurance-- A Sea Insurance (See Sec. 7-(1) for or upon any voyage- If drawn singly If drawn in duplicate for each part (i) where the premium or consideration does not exceed the rate of one-eight per centum of the amount insured by the policy; 835[Five paise] 836[Five paise] (ii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; 837[Five paise] 838[Five paise] (2) for time-- (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy- where the insurance shall be made for any time not exceeding six months; 839[Ten paise] 840[Five paise] where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 841[Ten paise] 842[Five paise] 5[B. Fire Insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects, crops and other property against loss or damage. (1) in respect of an original policy- 843[Twenty five paise] (i) when the sum insured does not exceed Rs. 5000; (ii) in any other case; and 844[Fifty paise] (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. C. Accident and Sickness Insurance-- (a) against railway accident, valid for a single journey only. [Five paise]845 Exemption When issued to a passenger traveling by the intermediate or the third class in any railway. (b) in any other case-for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000 and also where such amount exceed Rs. 1,000, for every Rs. 1,000 or part thereof. 846[Provided that in case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000, the duty on such instrument shall be 847[Five paise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it] 848[Ten paise: 849[CC. Insurance by way of indemnity against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923, (8 of 1923), for every Rs. 100 or part thereof payable as premium]. 850[Five paise] 851[D. Life Insurance or Group Insurance or other insurance not specifically provided for-except such Re-insurance as is described in Division E of this Article- If drawn, singly If drawn in duplicate for each part. (i) for every sum insured not exceeding Rs. 250 (ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500. (iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. 852[Ten paise] 853[Five paise] 854[Ten paise] 855[Five paise] 856[Twenty paise] 857[Ten paise] Exemption Policies of Life-insurance granted by the Director General of Post Offices in accordance with rules for Postal Life-insurance issued under the authority of the Central Government.] N.B.- If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp duty has been paid, the proper stamp must be borne on the excess sum so insured. E.-Re-Insurance by an Insurance Company which has granted a policy 858[of the nature specified in Division A or Division C of this Article] with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One quarter of the duty payable in respect of the original insurance, but not less than] 859[Five paise] or more than 860[Fifty paise: General Exemption Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five naye paise. Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. * * * * 861[49. Promissory Note, as defined by Sec. 2(22)] (a) when payable on demand- (i) when the amount or value does not exceed Rs. 250; 862[Five paise] (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000; (iii) in any other case; 863[Ten paise] (b) when payable otherwise than on demand. 864[Fifteen paise] The same duty as a Bill of Exchange (No. 13) for the same amount payable otherwise than on demand.] * * * * 52. Proxy empowering any person to vote at any one election of the members of a district or local board, or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stocks or funds is or are divided into shares and transferable, (b) a local authority, or (c) proprietors, members or contributors to the Funds of any institution. 865[Fifteen paise.] 53. Receipt, as defined by Sec. 2(23) for any money or other property the amount or value of which exceeds 866[five thousand rupees] 867[One rupee] Exemption Receipt-- (a) endorsed on or contained in any instrument duly stamped or any instrument exempted under the proviso to Sec. 3, (instruments executed on behalf of the Government or any cheque or bill of exchange payable on demand acknowledging the receipt of the consideration-money therein expressed, or the receipt of any principal money, interest or annuity, or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue or (in the States of Madras, Bombay and Andhra as they existed immediately before the 1st November, 1956) of Inam lands. (d) for pay or allowances by noncommissioned or petty officers, soldiers, sailors or airmen of the Indian military, naval or air forces when serving in such capacity, or by mounted police constables; (e) given by holders of family-certificate in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned or petty officer, soldier, sailors or airmen of any of the said forces and serving in such capacity; (f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such non-commissioned or petty officers, soldiers, sailors or airmen and not serving the Government in any other capacity; (g) given by a headman or lambardar for land revenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker, to be accounted for;] Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: Provided also that this exemption shall not extend to a receipt or acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. See also Policy of Insurance No. 47--B (2). * * * * 60. Shipping order, for or relating to the conveyance of goods on board of any vessel. Six paise 868[62. Transfer (whether with or without consideration)- (a) of shares in an incorporated company or other body corporate; 869[Twenty-five paise for every hundred rupees or part thereof of the value of the share: Provided that rates of stamp duty specified in column (2) on Bills of Exchange for items (b) and (c) in Article 13 and on promissory note for item (b) of Article 49 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, [Industrial Development Bank of India, 870[Small. Industries Development Bank of India.] State Financial Corporations, Commercial Banks and Co-operative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule I of the Indian Stamp Act, 1899 (2 of 1899). Explanation 1.- For the purposes of the proviso-- the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations; "crops" include products of agricultural operations; the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers Explanation 2.- The duty chargeable shall, wherever necessary, be rounded off to the next five paise. [SCHEDULE-1A]871 Stamp Duty on Instruments (See section 3, First proviso) No. Description of Instrument Proper Stamp-Duty 1 2 3 1. Acknowledgement, of a debt exceeding Rs. 100/- in amount or value written or signed by, or on behalf of, a debtor in order to supply evidence of such debt 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; provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest, or to deliver any other goods or other property. (a) When it does not exceed Rs. 100- (a) Nil (b) When it exceeds Rs. 100/- but does not exceed Rs. 1000/- (b) Re. 1/-(One Rupee) (c) When it exceeds Rs. 1000/- but does not exceed Rs. 1,00,000/- (c) Rs. 25/- (Twenty five) (d) When it exceeds Rs. 1,00,000/- (d) Rs. 100/-(One hundred) 2. Administration Bond, including a Bond given under Sections 29, 375 and 376 of the Indian Succession Act, 1925 (xxxix of 1925) or Section 6 of the Government Saving Banks Act, 1873 (v of 1873) (a) Where the amount does not exceed Rs. 1000. (a) Rs. 100 (One hundred) (b) In other case (b) The duty payable under cl. (a) for the first Rs. 1000, and in addition, the same duty as a Bond (No. 15) for the portion in excess of Rs. 1000. 3. Adoption deed, that is to say any instrument (other than will) recording an adoption or conferring or purporting to confer an authority to adopt. Rs. 2000/-(Two thousand) 4. Affidavit, including an affirmation or declaration in the case of person by law allowed to affirm or declare instead of swearing. 872[Rs. 100/-(One hundred) Exemptions:- Affidavit or declaration in writing when made- (a) As a condition for enrolment under the Indian Army Act, 1911 or the Indian Air Force Act, 1932. (b) Omitted by Act 2 of 1958 (c) For the sole purpose of enabling any person to receive any pension or charitable allowance. 5. Agreement or memorandum of an Agreement (a) If relating to the sale of a bill of exchange. (a) Rs. 10/- for every 10,000 or part thereof (b) If relating to construction of a house or building including a multiunit house or building or unit of apartment/flat/portion of a multistoried building or for development/sale of any other immovable property. (b) Two Rupees for every one hundred rupees or part thereof 873[on the market value of the land/land with building as the case may be], provided that the duty paid at the time of such agreement or Memorandum of an Agreement may be set off against the duty to be paid at the time of the sale of such immovable property to the said party. 874["Explanation--For subsequent agreements, relating to construction of a house or building including a multiunit house or building or unit of apartment/flat/portion of a multistoried building or for development/sale of any other immovable property, the stamp duty, if not paid earlier, on such agreements relating to construction of a house or building including a multistoried building or for development/sale of any other immovable property shall be chargeable at the rate as prescribed above in clause (b) subject to a maximum of Rs. 10,000/- (Rupees Ten Thousand)." (c) If not otherwise provided for Exemptions:- 875[Rs. 1000/-(One thousand) (a) Agreement or Memorandum of agreement, which is, omitted by Act 2 of 1958. (b) Made in the form of tenders to the Central Government for, or relating to any loan; (c) Made under the European Vagrancy Act, 1874 (ix of 1874), Section 17. 6. Agreement relating to deposit of title deeds, pawn, or pledge or hypothecation, that is to say, any instrument evidencing an agreement relating to Description of Proper Stamp Duty instrument (1) The deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security) or (2) The 876[Pawn or pledge or hypothecation] of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or future debt. (a) If such loan or debt is repayable on demand or after a period of three months from the date of the instrument evidencing the agreement. If drawn singly (in Rs.) If drawn in set of two for each part of the set (in Rs.) If drawn in set of three for each part of the set (in Rs.) (i) When the amount of the loan of debt does not exceed Rs. 200 1.00 1.00 1.00 (ii) When it exceeds Rs. 200/- but does not exceed Rs. 600/- 2.00 1.00 1.00 (iii) when it exceeds Rs. 600/- but does not exceed Rs. 1000/- 3.00 2.00 1.00 (iv) When it exceed Rs. 1000/- but does not exceed Rs. 1200/- 4.00 2.00 2.00 (v) When it exceeds Rs. 1200/- but does not exceed Rs. 1600/- 5.00 3.00 2.00 (vi) When it exceeds Rs. 1600/- but does not exceed Rs. 2500/- 8.00 4.00 3.00 (vii) When it exceeds Rs. 2500/- but does not exceed Rs. 5000/- 15.00 8.00 5.00 (viii) When it exceeds Rs. 5000/- but does not exceed Rs. 7500/- 21.00 11.00 8.00 (ix) When it exceeds Rs. 7500/- but does not exceed Rs. 10,000/- 29.00 15.00 10.00 (x) When it exceeds Rs. 43.00 22.00 15.00 10,000/- but does not exceed Rs. 15,000/- (xi) When it exceeds Rs. 15,000/- but does not exceed Rs. 20,000/- 57.00 29.00 19.00 (xii) When it exceeds Rs. 20,000/- but does not exceed Rs. 25,000/- 71.00 36.00 24.00 (xiii) When it exceeds Rs. 25,000/- but does not exceed Rs. 30,000/- and 85.00 43.00 29.00 (xiv) for every additional Rs. 10,000/- or part thereof, in excess of Rs. 30,000/- 29.00 15.00 10.00 (b) If such loan or debt is re-payable within three months from state of such instrument. Half the duty payable on a loan or debt under clause (a), for the amount secured. Explanation: For the purpose 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 any time when or after the deposit of the title deed is effected, of any, 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 to such title deeds, be deemed to be, an instrument, evidencing an agreement relating to the deposit of title deeds. Exemptions: (i) Letter of hypothecation accompanying will or exchange. (ii) Instrument of Pawn or pledge or goods if unattested. 7. Appointment for the purpose of execution of any power (a) Whether of trustees or (a) Rs. 250/-(Two hundred fifty) (b) Whether of property movable or immovable, where made by any writing not being a will. (b) Rs. 500/-(Five hundred) 8. Appraisement or valuation:- Otherwise than under an order of the court in the course of a suit (a) When the amount does not exceed Rs. 1000/- (a) The same duty as Bond (No. 15) for such amount. (b) In any other case (b) Rs. 200/-(Two hundred) Exemption: (a) Appraisement or valuation made, for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to landlord as rent. 9. 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. Rs. 100/- (One hundred) Exemption: Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 (XIX of 1850) or by which a person is apprenticed by or at the, charge of any public charity. 10. Article of Association of a Company-- (a) Where the Company has no share capital. (a) Rs. 1500/-(One thousand five hundred) (b) When the company has nominal share capital or increase the share capital. (b) 0.15% of such share capital, subject to a minimum of Rs. 1000/- and a maximum of Rs. 5,00,000/-(Five lakh) Exemption: Articles of any Association not formed for profit and registered under section 26 of Companies Act, 1956 (No. 1 of 1956) 12. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit- (a) Where the award is quantified in monetary terms. Re. 1/- for every Rs. 1000/- or part thereof, of the amount of the awarded value of property to which the award relates. (b) Where the award does not lend itself to quantification in monetary terms. Rs. 500/-(Five hundred) 15. Bond [as defined by section 2(5)] not being a debenture (no. 27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870. Rs. 3/- (Three) for every Rs. 100/-(Hundred) of the value of the bond. Exemption: Bond, when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem. 17. Cancellation, Instrument (including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for. 877[Rs. 1000/-(One thousand) 18. Certificate of sale: (in respect of each property put as a separate lot for auction 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. 878["The same duty as a conveyance on purchase price or value based on Minimum Valuation Register of the property whichever is higher" 20. Charter party, that is to say instrument (except an agreement for any hire of a tug-steamer) where by vessel or some specified principal part thereof is let for the specified purpose of the charterer, whether it includes a penalty clause or not. Rs. 100/-(One hundred) 22. 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 or under letters of licence for the benefit of his creditors. Rs. 250/-(Two hundred fifty) 23. Conveyance, 879[as defined by section-2(10)] not being Transfer charged or exempted under No.-62. 6% (six percentum) based on the amount or value of the consideration for such conveyance as set forth therein or the market value of the property, which ever is higher. 24. Copy or extract, certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in _ force relating to court fees: 880[Rs. 100/-(One hundred) Exemption: (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. 25. Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. 881[Rs. 100/-(One hundred) (a) 882[XXX] (b) 883[XXX] Exemption: Counterpart of any lease granted to a cultivator when such lease is exempted from duty. 26. Customs bond: (a) When the amount does not exceed Rs. 5,000/- (a) Rs. 100/-(One hundred) (b) When the amount exceeds Rs. 5,000/- but does not exceed Rs. 10,000/- (b) Rs. 200/-(Two hundred) (c) When the amount exceeds Rs. 10,000/- (c) Rs. 300/-(Three hundred) 27. Debenture: (whether a mortgage debenture or not) being a marketable security transferable (a) By endorsement or by a separate instrument of transfer (a) The same duty as Bond (No. 15) for the same amount. (b) By delivery (b) The same duty as conveyance (No. 23) for consideration equal to the face amount of the debenture. Explanation: The term "Debenture" includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty. Exemption A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage deed, duly stamped in respect of the full amount of debentures to be issued thereunder whereby, the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed. 29. Divorce: Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. Rs. 250/-(Two hundred fifty) 30. Entry as an advocate, or attorney on the roll of any High Court, under the Indian Bar Councils Act, 1926, or in exercise of powers conferred on such Court by Letters Patent or by the Legal Practitioners Act, 1884. Rs. 1000/-(One thousand) 884[31. Exchange of property: instrument of- (a) For exchange of agricultural land, where the area of the exchange property those not vary by more than 25% (a) Fully exempted. (b) In other cases (b) Same duty as conveyance (No.-23) for consideration or market value, based on the market value of the property of greater value under exchange. 32. Instrument of further charge that is to say, any instrument imposing a further charge on mortgaged property (a) When the original mortgage is of the description referred to in clause (a) of Article No. 40 (that is, with possession) (a) The same duty as 885[mortgage [No. 40(a)] for a consideration equal to the amount of the further charge secured by such instrument. (b) When such mortgage is of the description referred to in clause (b) of Article No. 40 (that is, without possession) (b) The same duty as mortgage [No. 40(b)] for a consideration equal to the total amount of the charge (Including the original mortgage and any further charge already made), less the duty already paid on such original mortgage and further charge. 33. Gift: Instrument of, not being a Settlement (No. 58) or will or transfer (No. 62) Exemption: The same duty as Conveyance (No. 23) for a consideration or market value, equal to the market value of the property, which is the subject matter of gift. School, College, Cremation or Burial ground, Orphange, Public Road, Panchayat Bhawan, Public Library, Community Hall, Institution for Women and Children, or physically or mentally handicapped persons and Charitable Dispensaries and hostels. if executed in favour of Governor of the State. 34. Indemnity Bond: 886["The same duty as Security Bond (No. 57) for the same amount, subject to a maximum of Rs. 1000/-(Rupees One thousand)". 35. 887[(i) Where the lease purports to be for a term of less than one year (i) The same duty as conveyance (No. 23) on 2 percentum of the market value of the property based on MVR. (ii) Where the lease purports to be for a term of 1 year & above but not exceeding ten years. (ii) The same duty as conveyance (No. 23) on 5 percentum of the market value of the property based on MVR. (iii) Where the lease purports to be for a term exceeding 10 years but less than 30 years. (iii) The same duty, as conveyance (No. 23) on 15 percentum of the market value of the property based on MVR. (iv) Where the lease purports to be for a term of 30 years and exceeding 30 years or in the perpetuity or where the lease does not purport to be for any definiteterm. (iv) The same duty as conveyance (No. 23) on 50 percentum of the market value of the property based on MVR. (b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved. The same duty as a Conveyance (No. 23) for a consideration or 888[xxx] value equal to the amount or the value of such fine or premium or advance as set forth in the lease. (c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved. The same duty as a Conveyance (No. 23) for a consideration or 889[xxx] value equal to the amount or value of such fine or premium advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered provided that in any case when an agreement to lease is stamped with the advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed Rs. 2.10/- (Rs. Two paise ten). 890[(d) Where the lessee under takes to effect improvement in the leased property and agreed to make over the same to the less or at the time of termination of lease (d) The same duty as conveyance (No. 23) for value of the improvement "contemplated to be made by the lessee as set forth in the deed in addition to the duty chargeable under sub-clause (a)/(b)/(c) as the case may be. (e) Toll agreements of any description (e) The same duty as a conveyance (No. 23) on the total amount of contract agreed between the parties to the toll agreement. Exemption: Lease, executed in the case of cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink), without the payment or delivery of any fine or premium, when a definite terms is expressed and such terms does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. Exemption When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord's share of Cesses, or the owners share of municipal rates or taxes, which is by law recoverable from the lesson, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. 891[35-A Letting on Rent--That is to say any such instrument by which any House/Flat or Building is being lent on rent: In case of letting of Houses/flats and Buildings on rent:-- Explanation.--along with the house/flat or building any portion of land, beyond the minimum required area of set back is also let on rent then in that case stamp duty for the rent shall be chargeable according to Article-35. 1/2% (half per cent) of the amount of rent payable for the total period for which such House/flat or Building has lent on rent." 38. Letter of License, 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. Rs. 300/-(Three hundred) 39. Memorandum of Association of a Company: (a) If accompanied by Articles of Association under section 17 of the Indian Companies Act, 1913 (VII of 1913) Rs. 500/-(Five hundred) (b) If not accompanied as above Rs. 1600/-(One thousand) Exemption: Memorandum of any association not formed for profit and registered under section 26 of The Indian Companies Act, 1913 (VI of 1913) 40. Mortgage Deed, not being an Agreement relating to deposit of Title deeds, Pawn or Pledge (No. 56) Bond (No. 15), Mortgage of a Crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57) (a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor or agree to be given (a) Rs. 2/-(Two) for every one hundred rupees, 892[on the amount secured] by such deed. (b) When possession is not given or agreed to be given as aforesaid. 893[(b) Rs. 1.00 (Rs. one rupee) for every 100/-(one hundred) rupees, based on the amount secured by such deed.] Explanation: A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, if deemed to give possession within the meaning of this article. (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. (c) 0.16% of the amount secured by such deed. Exemption: Instrument executed by persons taking advances under the Land Improvement Loans Act 1883; or the Agriculturists' Loans Act, 1884, or by their sureties as security for the repayment of such advances. 41. Mortgage of a crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, where the crop is or is not in existence at the time of the mortgage- (a) When the loan is repayable not more than three months from the date of the instrument (a) Re. 1/-(One) for every Rs. 200 or part thereof, based on the amount of loan. (b) When the loan is repayable after more than three months, from the date of the instrument (b) Re. 1/-(One) for every Rs. 100 or part thereof, based on the amount of loan. 42. Notarial Act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary-public. Rs. 10/-(Ten) 43. 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 value Rs. 20/- Rs. 15/-(Fifteen) (b) Of any stock of marketable security exceeding in value Rs. 20/- Rs. 15/-(Fifteen) per 1000 (thousand) or part thereof, subject to a maximum of Rs. 200 (Two hundred). 44. Note of protest by the Master of Ship Rs. 15/-(Fifteen) 45. Partition: Instrument of [as defined by section 2(15)] The same duty as a Bond (No. 15) for the amount of the market value of the separated share or shares of the property. N.B.--The largest shares remaining after the property is partitioned (or if there are two or more shares of equal market value and not smaller than any of the other shares then one of such equal shares) shall be deemed to be that from which the other shares are separated; Provided always that- (a) 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 Rs. 2.10; (b) Where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment amount for the purpose of duty shall be calculated at not more than five times the annual revenue; (c) Where a final order for effecting a partition passed by any Revenue authority or any 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 exceed Rs. 2.10. 46. Partnership: (A) Instrument of-(a) If the capital of partnership is disclosed in an instrument 894[Rs. 2.5% of the capital of partnership deed subject to a minimum of Rs. 1000/-(Rupees One thousand) and the maximum of Rs. 10,000/- (Rupees ten thousand)". (b) in any other cases (b) Rs. 10,000/-(Ten thousand) 895[B. Reconstitution of partnership.-- (a) When immovable property contributed as share by a partner or partner remains with the firm at the time of outgoing in whatever manner by such partner or partners on reconstitution of such partnership firm. (a) The same duty as a Conveyance duty (No. 23) on the value as fixed in MVR of the immovable property remaining with the firm, (b) In any other case (b) Rs. 5000/- (Rupees Five thousand) 896[C. Dissolution of partnership.-- (a) Where the immovable property which belonged to one partner or partners when the partnership commenced is distributed or allotted or given to another partner or partners. (a) The same duty as Conveyance (No. 23) for value equal to the value as fixed in MVR of the property distributed or allotted or given to the partner or partners under the instrument of dissolution, in addition to the duty which would have been chargeable on such dissolution if such properly had not been distributed or allotted or given. (b) In any other case (b) Rs. 5000/- (Rupees Five thousand) 48. Power of attorney: As defined by section 2(21) not being a proxy: (a) When given to person other than the father, mother, wife, husband, sons, daughters, brothers, sisters (children of executants parents), wife of son, grandson, granddaughter (children of executants son/daughter) in relation to the executants authorizing such person to sell or transfer immovable property situated in the State of Bihar. (b) When given to blood relations as mentioned in column (a) authorizing to sell or transfer immovable property, or When required in suits or proceedings in a court, or Given for purposes other than authorizing to sell or transfer or convey immovable property situated in the State of Bihar. (a) Same as Conveyance (No. 23) a consideration or value as fixed in MVR of the property formally subject matter of such authority, whichever is more. (b) Rs. 1000/-(Rupee One thousand) 50. 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 Rs. 50/-(Fifty) 51. Protest by the Master of a Ship, that is to say, any declaration 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 charter of 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 Rs. 50/-(Fifty) 54. Re-conveyance of mortgage property 897["Same as Mortgage [No. 40(b)] subject to maximum limit of Rs. 1000/- (Rupees One thousand)". 55. Release, that is to say, 898[A. Any instrument (not being such a release as is provided for by section-23A) whereby a co-owner, co-shares or coparcener renounces his interest share, part or claim in favour of another co-owner, co-sharer or coparcener.- (a) If the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (Children of renouncer's parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother, or spouse of the renouncer or the legal heirs of the above relatives. (a) Same duty as a Bond (No. 15) the amount equal to the value of the share, interest, part or claim renounced based on Minimum Value Register. (b) In any other case (b) Same duty as on Conveyance (No. 23) for the amount equal to the value of the share, interest, part or claim renounced based, on Minimum Value Register. B. Release of Benami right: The same duty as a Conveyance (No. 23) for a consideration equal to value of the property as set forth in the release. C. Release of right of redemption of a mortgage with possession or the right to obtain re-conveyance of the property already conveyed. The same duty as a Conveyance (No. 23) for the amount of such consideration as set forth in the release. 56. 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 Bond (No. 15) for the amount of the loan secured. 57. Security bond or mortgage deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secured the due performance of a contract. 899["The same duty as Bond (No. 15) for the amount secured subject to the maximum limit of Rs. 1000/- (Rupees One thousand)". Exemptions: Bond or other instrument, when executed- (a) by any person for the purpose of guaranteeing that the local income or any other object of public utility shall not be less than a specified sum per mensem; (b) executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturist Loans Act, 1884 (XII of 1884), or by their Sureties as security for the repayment of such advances. (c) executed by officers of the Government or their sureties to secure the due execution of any office, or the due accounting for money or other property received by virtue thereof. 58. Settlement: A-Instrument of settlement (including a deed of dower) (a) Settlement in favour of (a) member or members of a family. (a) same duty as a bond (No. 15) for a sum equal to the amount as set forth in such settlement or market value of the property, which is the subject matter of such settlement; Provided that where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument is settlement in pursuance of such agreement is subsequently executed the duty on such instrument shall be the duty as mentioned in article 5. Explanation: Under this article 'Family' means Father, Mother, Husband, Wife, Brother, Sister, Son, Daughter and includes Grand Father, Grand Mother, Grand Child, Adoptive Father or Mother, Adopted Son or Daughter. (b) in any other case (b) Rs. 6/- (Six) rupees for every 100 Rupees or part thereof of the market value of the property which is the subject matter of settlement. Exemption: Deed of dower executed on the occasion of a marriage between Mohammedans. B--Revocation of 900["The same duty as Bond (No. 15) for the amount secured subject to the maximum limit of Rs. 1000/- (Rupees One thousand)". 59. Share Warrants to bearer issued under the Indian Companies Act. 1913 (VII of 1913) One and a half time the duty payable on the Conveyance (No. 23) for a consideration or a market value equal to the nominal amount of the shares specified in the warrant. Exemptions: Share warrant when issued by a Company in pursuance of the Indian Companies Act, 1913 (VII of 1913) section 43, to have effect only upon payment as composition for that duty, to the Collector of Stamp Revenue of- (a) One and a half percentum of the whole subscribed capital of the company, or (b) if any company which has paid, the said duty or composition in full, subsequently issues, in addition to its subscribed capital, one and a half percentum of the additional capital so issued. 61. Surrender of lease: (a) when the duty with which the lease is chargeable does not exceed 8[Rs. 1000/- (a) The duty with which such lease is chargeable. (b) in any other case (b) 901[Rs. 1000/-(One thousand) Exemption: Surrender of lease, when such lease is exempted from duty. 62. Transfer whether with or without consideration (a) of shares in an incorporated company or other body corporate (a) One half of the duty payable on a conveyance (No. 23) for a consideration or market value equal to the value of the share. (b) of debentures, being marketable securities, whether the debenture is liable to duty or not except debenture provided for by section 8 (b) One half of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debenture. (c) of any interest secured by a bond, mortgage-deed or policy of insurance 902[(c) "As in Bond (No. 15) subject to a maximum limit of Rs. 1000/-(Rupees One thousand)". (d) of any property under the Administrator General's Act, 1913 (III of 1913) section 31 (d) Rs. 1000/-(One thousand) (e) of any trust property without con sideration from one trustee to another trustee or from a trustee to a beneficiary. (e) Same as Conveyance (No. 23) for market value of the property. Exemptions Transfers by endorsement: (a) of a bill of exchange, cheque or promissory note (b) of a bill of lading, delivery order, warrant for goods, or other merchantile document of title to goods. (c) of a policy of insurance (d) of securities of the Central Government, (see also section 8). 63. Transfer of Lease by way of assignment, and not by way of under lease The same duty as a Conveyance (No. 23) for a consideration or market value equal to the amount of consideration for the transfer. Exemption: Transfer of any lease exempt from duty 64. Trust: (a) Declaration of, or concerning, any property when made by any instrument not being a Will. Rs. 5000/-(Five thousand) (b) Revocation of, or concerning any property when made by any instrument other than a Will. Rs. 1000/-(One thousand) Exemption: Charitable and religious trusts including waqf allal-aulad. 65. Warrants 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. RS. 15/- (Fifteen) SCHEDULE I STAMP DUTY ON INSTRUMENTS (Section 3) Note: Articles for which stamp duty is provided in Schedule 1-A are not included in this Schedule; Amendments converting annas into naye paise are not separately shown. Description of Instrument Proper Stamp-duty (1) (2) 13. Bill of Exchange as defined by Section 2 (2) 903[***] not being a Bond, bank note or currency note - (a) 904[***] 905[(b) where payable otherwise than on demand - (i) where payable not more than three months after date or sight - if the amount of the bill or note does not exceed Rs. 500; 906[Thirty paise] if exceeds Rs. 500 but does not exceed Rs. 1,000; 907[Sixty paise] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 908[Sixty paise] (ii) where payable more than three months but not more than six months after date or sight - if the amount of the bill or note does not exceed Rs. 500; 909[Sixty paise] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 910[One rupee twenty paise] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 911[One rupee twenty paise] (iii) where payable more than six months but not more than nine months after date or sight - if the amount of the bill or note does not exceed Rs. 500; 912[Ninety paise] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 913[One rupee eighty paise] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 914[One rupee eighty paise] (iv) where payable more than nine months but not more, than one year after date or sight - if the amount of the bill or note does not exceed Rs. 500; 915[One rupee twenty five paise] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 916[Two rupees fifty paise] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 917[Two rupees fifty paise] (c) where payable at more than one year after date or sight - if the amount of the bill or note does not exceed Rs. 500; 918[Two rupees fifty paise] if it exceeds Rs. 500 but does not exceed Rs. 1,000; 919[Five rupees] and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; 920[Five rupees] 14. Bill of Lading (including a through bill of lading). 921[One rupee] Exemptions - (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 10 of 1889) and are to be delivered at another place within the limits of the same port. N.B. - If a bill of lading is drawn in parts, the proper stamp therefore must be borne by each one of the set. (b) Bill of lading when executed out of India and relating to property to be delivered in India. 922[23A Conveyance in the nature of part performance - Contracts for the transfer of immovable property in the nature of part performance in any Union Territory under section 53A of the Transfer of Property Act, 1882 (4 of 1882) Ninety percent pf the duty as a Conveyance (No. 23)] 923[27. Debenture (whether a mortgage debenture or not), being a marketable security transferable - (a) by endorsement or by a separate instrument of transfer - (b) by delivery- 0.05% per year of the face value of the debenture, subject to the maximum of 0.25% or rupees twenty five lakhs whichever is lower. Explanation - The term "Debenture" includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty. Exemption - A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.] 30. Entry as an Advocate, Vakil or Attorney on the Roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) or in exercise of powers conferred on such Court by Letters Patent or by the Legal Practitioners Act, 1884 (9 of 1884) - (a) in the case of an Advocate or Vakil Five hundred rupees. (b) in the case of an Attorney Two hundred and fifty rupees. Exemption - Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. 37. Letter of Credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn. 924[One rupee] 47. Policy of insurance - 925[A. Sea Insurance (See section 7 of Indian Stamp Act, 1899 (2 of 1899)) - If drawn singly If drawn in duplicate, for each part (1) for or upon any voyage - (i) where the premium or consideration does not exceed the rate of 926[***] one-eighth per centum of the amount insured by the policy; 927[Five paise] 928[Five paise] (ii) in any other case, in respect of every full sum of 929[one thousand five hundred rupees] and also any fractional part of 930[one thousand five hundred rupees] insured by the policy; 931[Five paise] 932[Five paise] (2) for time - (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy - where the insurance shall be made for any time not exceeding six months; 933[Ten paise] 934[Five paise] where the insurance shall be made for any time exceeding six months and not exceeding twelve months. 935[Ten paise] 936[Five paise] 937[B.- [Fire insurance and other classes of insurance, not elsewhere included in this article, covering goods, Merchandise, personal effects, crops, and other property against loss or damage]- (1) in respect of an original policy - (i) when the sum insured does not exceed Rs. 5,000; 938[Twenty-five paise] (ii) in any other case; 939[Fifty paise] (2) and in respect of each receipt for any payment of a premium on any renewal of an original policy. One half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. C.- Accident and sickness insurance - (a) against railway accident, valid for a single journey only. 940[Five paise] Exemption - When issued to a passenger travelling by the intermediate or the third class in any railway. (b) in any other case - for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000 and also where such amount exceeds Rs. 1,000, for every Rs. 1,000 or part thereof. 941[Ten paise] 942[Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceeds 943[Rs. 2.50 per Rs. 1,000, the duty on such instrument shall be 944[Five paise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it.] 945[CC.- Insurance by way of indemnity against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium. 946[Five paise] 947[D.- Life insurance 948[or group insurance or other insurance not specifically provided for, except such as reinsurance, as is described in Division E of this article - If drawn singly If drawn in duplicate, for each part (i) for every sum insured not exceeding Rs. 250; 949[Ten paise] 950[Five paise] (ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500; 951[Ten paise] 952[Five paise] (iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. 953[Twenty paise] 954[Ten paise] 955[N.B. - If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured. Exemptions - Policies of life insurance granted by the Director General of Post Offices in accordance with rule for Postal Life-Insurance issued under the authority of the Central Government. E.- Re-insurance by an Insurance Company, which has granted a policy 956[of the nature specified in Division A or Division B of this Article] with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One-quarter of the duty payable in respect of the original insurance but not less than 957[five paise] or more than 958[fifty paise]: 959[Provided that if the total amount of duty payable is not a multiple of five 960[***] paise, the total amount shall be rounded off to the next higher multiple of five 961[***] paise. General Exemption - Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter of engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. 962[49. Promissory note (as defined by section 2 (22))- (a) when payable on demand - (i) when the amount or value does not exceed Rs. 250; 963[Five paise] (ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000; 964[Ten paise] (iii) in any other case. 965[Fifteen paise] One-fifth of the duty as applicable to Bill of Exchange (No. 13 of Schedule I) for the same amount payable otherwise on demand] 52. Proxy, empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of - (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) proprietors, members or contributors to the funds of any institution. 968[Fifteen paise] 53. Receipts as defined by section 2(23) for any money or other property the amount or value of which exceeds 969[five thousand rupees] 970[One rupee] Exemptions - Receipt -- (a) endorsed on or contained in any instrument duly stamped 971[or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the Government) 972[or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration money therein expressed, or the receipt of any principal money, interest or annuity, or other periodical payment thereby secured; (b) for any payment of money without consideration; (c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or 973[in the States of Madras, Bombay and Andhra] 974[as they existed immediately before the 1st November, 1956] of inam lands; (d) for pay or allowances by non-commissioned 975[or petty] officers, 976[soldiers, 977[sailors] or airmen] of the 978[Indian military, 979[naval] or air forces], when serving in such capacity, or by mounted police constables; (e) given by holders of family-certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned 980[or petty] officer, 981 [soldiers, 982[sailors] or airman] of 983[any of the said forces], and serving in such capacity; (f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such non-commissioned 984[or petty] officers 985[soldiers, 986[sailors] or airmen], and not serving the Government in any other capacity; (g) giving by a headman or lambardar for land-revenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker, to be accounted for: Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: Provided also that this exemption shall not extend to a receipt or acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any script or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. 62. Transfer (whether with or without consideration)- 987[(a) of shares in an incorporated company or other body corporate; 988[Twenty-five paise] for every hundred rupees or part thereof of the value of the share] (b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section; 989[One-half] of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debentures. (c) or any interest secured by a bond mortgage-deed or policy of insurance- (i) if the duty of such bond, mortgage-deed or policy does not exceed five rupees; The duty with which such bond, mortgage-deed, or policy of insurance is chargeable. (ii) if any other case Five rupees (d) of any property under the 990[Administration General’s 1874 (2 of 1874), section 31;] Ten rupees (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary Five rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article. Exemptions - Transfers by endorsement- (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. See also Section 8
Section 2 - Definitions
[23. Conveyance [as defined by Section 2(10)], not being a Transfer, charged or exempted under No. 62.
Five percent of the market value of the property for such conveyance made in favour of women and six percent for others.]
Section - 3 - Instruments chargeable with duty
STATE AMENDMENTS
Section - 3A
Section 4 - Several instruments used in single transaction of sale mortgage or settlement
Section 5 - Instruments relating to several distinct matters
Section 6 - Instruments coming with in several descriptions in schedule I
Section 7 - Policies of sea-insurance
Section 8 - Bonds debentures or other securities issued on loans under Act 11 of 1879
Section 8A - Securities dealt in depository not liable to stamp duty
Section 8B - Corporatisation and demutualisation schemes and related instruments not liable to duty
Section 8C - Negotiable warehouse receipts not liable to stamp duty
Section 8D - Agreement or document for assignment of receivables not liable to stamp duty
Section 8E - Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty
Section 8F - Agreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty
Section 8G - Strategic sale disinvestment etc of immovable property by Government company not liable to stamp duty
Section 9 - Power to reduce remit or compound duties
Section 9A to 9B - AA
Section 9A - Instruments chargeable with duty for transactions in stock exchanges and depositories
Section 9B - Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories
Section 10 - Duties how to be paid
Section 11 - Use of adhesive stamps
Section 12 - Cancellation of adhesive stamps
Section 13 - Instruments stamped with impressed Stamps how to be written
Section 14 - Only one instrument to be on same stamp
Section 15 - Instrument written contrary to section 13 or 14 deemed unstamped
Section 16 - Denoting duty
Section 17 - Instruments executed in India
Section 18 - Instruments other than bills and notes executed out of India
Section 19 - Bills and notes drawn out of India
Section 20 - Conversion of amount expressed in foreign currencies
Section 21 - Stock and marketable securities how to be valued
Section 22 - Effect of statement of rate of exchange or average price
Section 23 - Instruments reserving interest
Section 23A - Certain instruments connected with mortgages of marketable securities to be chargeable as agreements
Section 24 - How transfer in consideration of debt or subject to future payment etc to be charged
Section 25 - Valuation in case of annuity etc
Section 26 - Stamp where value of subject-matter is indeterminate
Section 27 - Facts affecting duty to be set forth in instrument
Section 28 - Direction as to duty in case of certain conveyances
Section 29 - Duties by whom payable
Section 30 - Obligation to give receipt in certain cases
Section 31 - Adjudication as to proper stamp
Section 32 - Certificate by Collector
Section 33 - Examination and impounding of instruments
Section 34 - Special provision as to unstamped receipts
Section 35 - Instruments not duly stamped inadmissible in evidence etc
Section 36 - Admission of instrument where not to be questioned
Section 37 - Admission of improperly stamped instruments
Section 38 - Instruments impounded how dealt with
Section 39 - Collectors power to refund penalty paid under section 38 sub-section (1)
Section 40 - Collectors power to stamp instruments impounded
Section 41 - Instruments unduly stamped by accident
Section 42 - Endorsement of instruments on which duty has been paid under section 35 40 or 41
Section 43 - Prosecution for offence against Stamp-law
Section 44 - Persons paying duty or penalty may recover same in certain cases
Section 45 - Power to revenue-authority to refund penalty or excess duty in certain cases
Section 46 - Non-liability for loss of instruments sent under section 38
Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped
Section 48 - Recovery of duties and penalties
Section 49 - Allowance for spoiled stamps
Section 50 - Application for relief under section 49 when to be made
Section 51 - Allowance in case of printed forms no longer required by corporations
Section 52 - Allowance for misused stamps
Section 53 - Allowance for spoiled or misused stamps how to be made
Section 54 - Allowance for stamps not required for use
Section 54A - Allowances for stamps in denominations of annas
Section 54B - Allowances for Refugee Relief Stamps
Section 55 - Allowance on renewal of certain debentures
Section 56 - Control of and statement of case to Chief Controlling Revenue-authority
Section 57 - Statement of case by Chief Controlling Revenue-authority to High Court
Section 58 - Power of High Court to call for further particulars as to case stated
Section 59 - Procedure in disposing of case stated
Section 60 - Statement of case by other Courts to High Court
Section 61 - Revision of certain decisions of Courts regarding the sufficiency of stamps
Section 62 - Penalty for executing etc instruments not duly stamped
451Section 62 A - Penalty for failure to comply with provisions of section 9A
Section 63 - Penalty for failure to cancel adhesive stamp
Section 64 - Penalty for omission to comply with provisions of section 27
Section 65 - Penalty for refusal to give receipt and for devices to evade duty on receipts
Section 66 - Penalty for not making out policy or making one not duly stamped
Section 67 - Penalty for not drawing full number of bills or marine policies purporting to be in sets
Section 68 - Penalty for post-dating bills and for other devices to defraud the revenue
Section 69 - Penalty for breach of rule relating to sale of stamps and for unauthorised sale
Section 70 - Institution and conduct of prosecutions
Section 71 - Jurisdiction of Magistrate
Section 72 - Place of trial
Section 73A Power of Central Government to make rules
Section 73B - Power to issue directions and to authorise certain authorities to issue instructions etc
Section 74 - Powers to make rules relating to sale of stamps
Section 75 - Power to make rules generally to carry out Act
Section 76 - Publication of rules
486Section 76A - Delegation of certain powers
Section 77 - Saving as to court-fees
496Section 77A - Saving as to certain stamps
Section 78 - Act to be translated and sold cheaply
Section 79 - Repealed
Â
Â
Â
Â
Â
991[SCHEDULE 1-A
Stamp Duty on Instruments
Applicable in M.P. Only
(See Sections 3)
|
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 or construction of a building on a land 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 wharever 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 - |
0.25 percent of the market value of the entire land proposed to be developed, subject to a minimum of one thousand rupees. |
|
Explanation-For the purposes of this article, |
|
|
(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 secured by such deed, subject to a maximum of five lakh rupees. |
|
992[(ga) If relating to advertisement on Radio, Television, Cinema, Cable network or any media other than newspaper |
0.25 percent of the amount of consideration specified in such agreement, subject to a minimum of rupees five hundred and a maximum of rupees twenty five thousand. |
|
(gb) Work contract, not being a Development/Construction agreement or a Security bond, containing an agreement to secure the due performance of a contract or due discharge of a liability. |
0.25 percent of the amount or value secured by such deed, subject to a minimum of rupees five hundred and a maximum of rupees twenty five thousand.] |
|
(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 - For 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 affected, 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. |
Five thousand rupees. |
|
(b) where the company has nominal share capital or increased share capital. |
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 (No. 27) 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, 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. |
|
993[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) on the market value of the property or purchase amount, whichever is higher.] |
|
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. 61. |
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. |
|
994[(g) when an instrument relates to transfer of development right and/or construction right, obtained from the instrument executed under article 6(d) (i), along with consent of land owner or lessee, as the case may be, the rate of duty shall be one percent of market value of the land related to transfer of such right or consideration, whichever is higher, subject to a minimum of one thousand rupees.] |
|
|
26. Copy or Extract, certified to be a true copy or extract by or order of an public officer under section 76 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 been 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 port 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, that 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. |
The same duty as a Bond (No. 14) for the amount of the further charge secured by such instrument. |
|
995[36. Gift- Instrument of, not being a settlement (No. 57) or will or transfer (No. 61). |
|
|
(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. |
The same duty as a conveyance (No. 25) on the market value of the property, which is subject matter of the gift. |
|
Explanation- For the purpose of this article, the term "family" shall mean mother, father, wife, husband, son, daughter, brother, 996[sister, daughter-in-law] grand daughter and grandson, |
|
|
37. Indemnity Bond. |
The same duty as a Bond (No. 14) for the same amount. |
|
997[38. (a) Lease, including an under-lease or sub-lease and any agreement to let or sub-let or any renewal of lease, other than mining lease-- |
|
|
(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 one year or more but up to five years. |
0.1 percent of the sum of the amount of premium or money advanced or to be advanced and 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 exceeding five years but up to ten years. |
0.5 percent of the sum of the amount of premium or money advanced or to be advanced and 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 exceeding ten years but up to twenty years. |
one percent of the sum of the amount of premium or money advanced or to be advanced and 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 exceeding twenty years but less than thirty years. |
two percent of the sum, of the amount of premium or money advanced or to be advanced and 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. |
five percent of the sum of the amount of premium or money advanced or to be advanced and the average annual rent reserved, or of the market value of the property, whichever is higher. |
|
(b) Mining Lease, of any term including an under-lease or sub-lease and any agreement to let or sub-let or any renewal of lease, |
0.75 percent for the whole amount payable or deliverable under such lease. |
|
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. |
|
|
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 except which is refundable or adjustable against any other amount payable under the lease 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 lesser, 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 royalty 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 or any municipal body in the State shall be as shown in the instrument. |
|
|
Explanation VIII. For the purpose of this article document of Leave and Licence or Conducting Licence, if relating to immovable property and in the nature of a lease shall be treated as lease deed."] |
|
|
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. |
|
998[41A. Licence, relating to arms or ammunitions, that is to say document evidencing the licence or renewal of licence relating to arms or ammunitions under the provisions of the Arms Act, 1959 (No. 54 of 1959). |
|
|
(a) Licence relating to-- |
|
|
(i) Revolvers and Pistols |
Five thousand rupees, |
|
(ii) Weapons other than Revolvers and Pistols |
Two thousand rupees, |
|
(b) Renewal of licence relating to-- |
|
|
(i) Revolvers and Pistols |
Two thousand rupees, |
|
(ii) Weapons other than Revolvers and Pistols |
One thousand rupees.] |
|
42. Memorandum of a company - |
|
|
(a) If accompanied by articles under section 5 of the Companies Act, 2013 (No. 18 of 2013) |
Two thousand five hundred rupees. |
|
(b) If not so accompanied. |
The same duty as is chargeable on Articles under Article 11, 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. |
The same duty as a conveyance (No. 25) for the amount secured by such deed. |
|
(b) When possession is not given or agreed to be given as aforesaid. |
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 as the case may be, in case of non-delivery-based transactions; and one rupee for every rupees for every rupee for every rupees 10,000 or part thereof in case of delivery-based transactions. |
|
(c) of a Government Security. |
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. |
|
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. |
|
|
47. Note of Protest, by the master of a ship. |
Fifty rupees. |
|
48. Partition- Instrument of - |
|
|
(i) when made within the family members. |
Half of the duty as a conveyance (No. 25) on the market value of the separated share or shares of the property. |
|
(ii) in any other case, |
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, 999[sister, daughter-in-law] 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. |
Two thousand rupees. |
|
(b) where such share of contribution is in excess of Rs. 50,000. |
Two percent of the shares contributed, subject to a minimum of rupees two thousand and a maximum of rupees ten thousand. |
|
(c) where such share of contribution is brought by way of immovable property. |
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. |
The same duty as a conveyance (No. 25) on the market value of such property. |
|
(b) In any other case. |
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). |
One thousand rupees. |
|
(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). |
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, 1000[sister, daughter-in-law], grand daughter 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. Reconveyance 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. |
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. |
|
(ii) in any other case. |
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, 1001[sister, daughter-in-law], 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. |
Half of the duty as a conveyance (No. 25) on the market value of the property settled. |
|
(ii) in any other case. |
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, 1002[sister, daughter-in-law], 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. |
Fifty paise for every hundred rupees or part thereof, of the consideration amount of debentures. |
|
(b) of any interest secured by a bond, mortgage deed or policy of insurance. |
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. |
|
|
1003[Explanation.-- In case of assignment of a mining lease, the duty shall be equal to the amount or value calculated under article 38(b) depending upon the remaining period of the lease.] |
|
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.] |
Substituted by Act 43 of 1955, Section 3, for the former sub-section w.e.f. 1-4-1956.↩
-
Omitted by Jammu And Kashmir Reorganisation Act, 2019, w.e.f. 31.10.2019 the previous text was:-
"except the State of Jammu and Kashmir"↩
Substituted by the A.O. (No.2) 1956, for "Part B States".↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Omitted by the Indian Stamp (HYPERLINK "dhtmled0://ba/acttoc.aspx?actid=3467" Assam HYPERLINK "dhtmled0://ba/acttoc.aspx?actid=3467" Amendment) Act, 1955 w.e.f. 31.03.1955.↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"(1) "Banker" includes a bank and any person acting as a banker;"↩
-
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.
48. Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
-
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.
48. Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-↩
Clause (8) omitted by the A.O. 1937.↩
Substituted, by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956, for "the L.G."↩
Substituted by the A.O. 1950, for "collecting Government".↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
-
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.
48. Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Clause (12A), Inserted by the A.O. 1937, omitted, ibid.↩
Clause (12A), Inserted by the A.O. 1937, omitted, ibid.↩
Inserted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"(14) "Instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or record;""↩
Inserted by Act 15 of 1904, Section 2.↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"[(16A) "Marketable security" means a security of such a description as to be capable of being sold in any stock market in [India] or in the United Kingdom ;]"↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"[(16A) "Marketable security" means a security of such a description as to be capable of being sold in any stock market in [India] or in the United Kingdom ;]"↩
The word "and" and sub-Clause (c) omitted by Act 5 of 1906, Section 2.↩
Substituted clause (c) and the word "and" prefixed thereto omitted by Act 5 of 1906, Section2.↩
Inserted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.↩
The word "and" omitted by Act 18 of 1928, Section 2 and Schedule 1.↩
Inserted by Act 15 of 1904, Section 2.↩
Inserted by Act 15 of 1904, Section 2.↩
The word "and", omitted by Act 18 of 1928, Section 2 and Schedule 1, omitted by A.O. 1950.↩
Inserted by Act 18 of 1928, Section 2 and Schedule I.↩
. Now the Army Act, 1950 (46 of 1950).↩
Clause (26), added by the A.O. 1950, omitted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.↩
Inserted vide Finance (no.2) Act 2004.↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Substituted by Indian Stamp (Assam Amendment) Act, 196HYPERLINK "dhtmled0://ba/acttoc.aspx?actid=3471" 8.↩
Substituted by Indian Stamp (Delhi Amendment) Act, 2010.↩
Substituted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Goa Amendment) Act, 2013.↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Amendment Act 9 of 1998 [4-2-1998].↩
Substituted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Clause (14) shall be Substituted and Clause (14-A) and (22-A) shall be Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Inserted by Indian Stamp (Punjab Amendment) Act, 2001 (punjab).↩
Substituted by Indian Stamp (Punjab Amendment) Act, 2005 (punjab).↩
Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.↩
Cl. (26) inserted by Act 23 of 2004, Section 117 (w.e.f. 10.9.2004).↩
Substituted by Punjab Act No. 12 of 2013.↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1974.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1992.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Inserted by the Indian Stamp (Tamil Nadu Amendment) Act, 1998.↩
Substituted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Added by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Substituted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Inserted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Inserted by Indian Stamp (Andhra Pradesh Amendment) Act, 1986.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2003.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2005.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 w.e.f. 01.06.1974.↩
Substituted by Indian Stamp (Andhra Pradesh Amendment) Act, 1974.↩
Inserted by the Indian Stamp (Assam HYPERLINK "dhtmled0://ba/acttoc.aspx?actid=3471" Amendment) Act, 1968 w.e.f. 01.06.1968.↩
Substituted by Indian Stamp (Assam Amendment) Act, 2008 w.e.f. 07.06.2008.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2 for "the States" w. e. f. 1-4-1956.↩
Inserted by Act 5 of 1927, Section 5.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Inserted by the Special Economic Zones Act, 2005, section 57 and Third Schedule, Pt. III↩
Omitted by Act 13 of 1973, Section 2.↩
Inserted by Act 44 of 1971, Section 2.↩
Inserted by Indian Stamp (Assam Amendment) Act, 1950.↩
Inserted by Indian Stamp (Assam Amendment) Act, 1971.↩
Inserted by Indian Stamp (Bihar Amendment) Act, 1977 w.e.f. 01.12.1975.↩
Inserted by Indian Stamp (Haryana Amendment) Act, 1971.↩
Omitted by Indian Stamp (Haryana Amendment) Act, 1973.↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1972.↩
Inserted by Indian Stamp (Goa Amendment) Act, 2012.↩
Inserted by Indian Stamp (Goa Amendment) Act, 2013.↩
Substituted by Indian Stamp (Goa Amendment) Act, 2015.↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Omitted by Indian Stamp (Madhya Pradesh) Amendment Act, 2014.↩
Inserted by Indian Stamp (Meghalaya Amendment) Act, 1972.↩
Inserted by Indian Stamp (Meghalaya Amendment) Act, 1973.↩
Substituted by Indian Stamp (Tripura Amendment) Act, 1973.↩
Inserted by Indian Stamp (Punjab Amendment) Act, 2005 (punjab).↩
Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.↩
Inserted by Act 28 of 2005, Section 57 and Schedule↩
Inserted by President Act 24 of 1971 in its application to the State of Punjab.↩
Section 3-D inserted by Punjab Act No. 12 of 2013 w.e.f. 6.2.2013.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Inserted by Indian Stamp (Tamil Nadu Amendment) Act, 1971 (Act 03 of 1972).↩
Inserted by the Indian Stamp (Tamil Nadu Amendment) Act, 1973.↩
Inserted by Indian Stamp (Tamil Nadu Second Amendment) Act, 1975.↩
Omitted by Indian Stamp (West Bengal Amendment) Act, 1987 (Act 15 of 1987).↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Inserted by the Indian Stamp (Assam Amendment) Act, 1950 w.e.f. 01.04.1950.↩
Inserted by the Indian Stamp (Orissa Amendment) Act, 2013.↩
Substituted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Substituted by Indian Stamp (Assam Amendment) Act, 1950.↩
Substituted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1974.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 01.06.1974.↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Substituted by Indian Stamp (HYPERLINK "dhtmled0://ba/acttoc.aspx?actid=3466" Assam Amendment) Act, 1950 w.e.f. 01.04.1950.↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2001.↩
Substituted by Indian Stamp (Orissa Amendment) Act, 1943.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (Assam Amendment) Act, 1950.↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
New Section (6-A) shall be Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Substituted by Indian Stamp (HYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=3466" Assam Amendment) Act, 1950 w.e.f. 01.04.1950.↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2001.↩
Inserted by Indian Stamp (Orissa Amendment) Act, 1943.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968. ↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968. ↩
-
Sub-sections (1),(2) and (3) rep. By Act 11 of 1963, Section 92 w. e. f. 1-8-1963, the previous text was:-
"(1) No contract for sea insurance (other than such insurance as is referred to in Section 506 of the Merchant Shipping Act, 1894), shall be valid unless the same is expressed in a sea-policy.
(2) No sea-policy made for time shall be made for any exceeding twelve months.
(3) No sea-policy shall be valid unless it specifies the particular risk or adventure, or the time, for which it is made, the names of the subscription or underwriters and the amount or amounts insured."↩
Inserted by Act No. 37 of 2007.↩
Inserted by Act No. 37 of 2007.↩
Inserted by Act No. 37 of 2007.↩
Substituted by the Finance Act, 2019, (w.e.f. 01.07.2020), for the following:-↩
Substituted by Depositories Related Laws (Amendment) Act, 1997, (w.e.f. 15.01.1997).↩
Inserted by Act 22 of 1996, Section 30and Schedule w. r. e. f. 20-09-1995 and Substituted By the Finance Act, 2000 Section 118.↩
Inserted by the Finance Act, 2005, w.e.f 13.05.2005.↩
Inserted by the Warehousing (Development and Regulation) Act, 2007 [Act No. 37 of 2007].↩
Inserted by Act 12 of 2012, Section 35 and Sch. (w.e.f. 01.02.2012).↩
Inserted by Act No. 12 of 2012.↩
Inserted by the Banking Laws (Amendment) Act, 2012.↩
Inserted by Act No. 4 of 2013.↩
Inserted by the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 44 of 2016, pub. in T.N.G. Gaz., Issue No. 50, dated 21-12-2016, w.e.f. 01-09-2016.↩
Inserted by Act No. 4 of 2016.↩
Inserted by Finance Act, 2021.↩
Section 9 re-numbered as sub-section (1) of that section by the A. O. 1950.↩
Substituted by the A. O. 1937 for "The G. G. in C. "↩
The word "collecting" omitted by the A. O. 1950.↩
Substituted by the A. O. 1937 for "British India".↩
Inserted vide Finance ( No.2) Act 2004↩
Inserted by Act 32 of 1994 w. e. f. 13-5-1994.↩
Inserted by the A.O. 1950.↩
Substituted for the words "Seventh Schedule to the Constitution" by the Finance Act, 2006.↩
Substituted by Act 21 of 2006.↩
Inserted by Indian Stamp (Karnataka Amendment) Act 1978 (Act No. 29 of 1978).↩
Inserted by Indian Stamp (Goa Amendment) Act, 2005.↩
Inserted by Indian Ports (Gujarat Amendment) Act, 1963.↩
Inserted by Indian Stamp (Punjab Second Amendment) Act, 2016 (Act No. 10 of 2016) (Punjab).↩
Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.↩
Words, figures, signs and letters "Schedule 1-B and Schedule 1-C inserted by Punjab Act No. 10 of 2016 w.e.f. 28.4.2016."↩
Inserted by Indian Stamp (Tamil Nadu Fourth Amendment) Act, 2012 (Act 16 of 2013).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2003.↩
Inserted by Finance Act, 2020, w.e.f. 01.04.2020.↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Inserted new section 9A by (Goa Amendment Act 10 of 2005) [24-6-2005]↩
Inserted by Stamp Acts (Amendment) Act, 1971, (Maharashtra).↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Substituted by A. O. 1950, for" collecting Government".↩
The words "written in any Oriental Language" omitted by Act 43 of 1955, Section 5 w. e. f. 1-4-1956.↩
Inserted by Indian Stamp (Assam Amendment) Act, 2004.↩
Inserted by Indian Stamp (Bihar Amendment) Act, 1991.↩
Inserted by Indian Stamp (Haryana Amendment) Act, 1986.↩
Inserted by Indian Stamp (Goa Amendment) Act, 2013.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Madhya Pradesh Amendment) Act, 1976.↩
Inserted by Indian Stamp (Meghalaya Second Amendment) Act, 1972.↩
Substituted by Indian Stamp (Nagaland Third Amendment) Act, 2004.↩
Inserted by Indian Stamp (Nagaland Third Amendment) Act, 2004.↩
Inserted be Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1974.↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1992.↩
Inserted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Inserted by the Indian Stamp (Assam Amendment) Act, 2004.↩
Inserted by the Indian Stamp (Assam Amendment) Act, 2004.↩
-
Inserted in section 10 of the principal Act, after sub-section (2) by (Goa Amendment Act 9 of 1998) [4-2-1998].
18. Substituted by the Indian Stamp (Jharkhand Amendment) Act, 2018.↩
Substituted by Act 19 of 1958, Section 2, for "With the duty of one anna or half an anna" w. e. f. 1-10-1958.↩
The word "cheques" omitted by Act 5 of 1927. Section 5.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Clause (a) shall be Substituted and Clause (c) shall be Omitted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by A.O. 1950, for "collecting government"; ↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Inserted by Indian Stamp (Assam Amendment) Act, 2004.↩
Substituted by ActHYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=31677" 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Substituted by ActHYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=31677" 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by the A.O. 1950, for "collecting Government".↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.↩
Inserted by Act 5 of 1927, Section 5.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.↩
The word "cheque" omitted by Act 5 of 1927, Section 5.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Inserted by Indian Stamp (Tamil Nadu Amendment) Act, 1992 (Act 43 of 1992).↩
Substituted vide Indian Stamp (Tamil Nadu Amendment) Act, 1999.↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 w.e.f. 01.06.1974.↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Inserted vide Odisha Amendment No. 6 of 1943, section 8.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument."↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Substituted by Act 1 of 1912, Section 3, for "Articles No. 5(b).''↩
Inserted by Act 15 of 1904, Section 3.↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Inserted by Odisha Amendment No. 6 of 1943.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1971.↩
Substituted by the Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968. ↩
Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Omitted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Omitted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by Act 1 of 1912, Section 3, for "Articles No. 5(b).''↩
Substituted by Act 15 of 1904, Section 4, for the original proviso.↩
Substituted by the A.O. 1937, for "the Secretary of State in Council"↩
Substituted by Indian Stamp (Assam Amendment) Act, 2004.↩
inserted by Indian Stamp (Assam Amendment) Act, 2004.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975.↩
Substituted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Inserted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Inserted by Indian Stamp (Punjab Amendment) Act, 1994 (Punjab).↩
Inserted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by Indian Stamp (Andhra Pradesh Amendment) Act, 1971.↩
Substituted by Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Inserted the words in section 27 by Amendment Act No. 14 of 1975) [21-8-1975].↩
Substituted by Indian Stamp (Assam Amendment) Act, 1950.↩
Substituted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1971.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1971.↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 w.e.f. 01.06.1974.↩
Substituted by Indian Stamp (Assam HYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=3466" Amendment) Act, 1950 w.e.f. 01.04.1950.↩
Substituted by Indian Stamp (HYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=5429" Orissa Second Amendment) Act, 1986.↩
Substituted by Act 15 of 1904, Section 5, for "No. 6. (Agreement to Mortgage)".↩
-
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
"No. 27 (Debenture),"↩
-
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
"No. 62 (a). (Transfer of shares in an incorporated Company or other body corporate),"↩
-
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
"No. 62 (b). (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8),"↩
Substituted by Act 5 of 1906, Section 4, for the original Clause (b).↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted be Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Omitted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
-
Odisha Stamp Amendment Act, 1943, section 9.
12.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968. ↩
Inserted by Act 5 of 1906, Section 5.↩
Substituted by Act 19 of 1958 Section for "eight annas" w.e.f. 01.10.1958.↩
Substituted be Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 w.e.f. 01.06.1974.↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2001.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Substituted by Act 19 of 1958, Section 4, for "with the duty of one anna or half an anna." w.e.f. 1-10-1958.↩
Inserted by Indian Stamp (Assam Amendment) Act, 1950.↩
Clause (a) shall be inserted, clause (b) shall be omitted and clause (c) shall be added by Indian Stamp (Himachal Pradesh Amendment) Act, 1952.↩
Clause (a) and (c) shall be Inserted and clause (b) shall be Omitted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Inserted by the Indian Stamp (Assam Amendment) Act, 1950 w.e.f. 01.04.1950.↩
Inserted by the Odisha Stamp Amendment Act 1943, section 10.↩
Inserted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Now see the Code of Criminal Procedure, 1973 (2 of 1974).↩
Substituted by the A.O. 1937, for "the G.G. in C."↩
Substituted by the A.O. 1950 for "collecting Government".↩
Substituted by the A.O. 1937, for "the G.G. in C."↩
Substituted by the A.O. 1950, for "collecting Government."↩
Inserted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Sub-section (1) shall be Inserted and Sub-section (2) shall be Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Sub-section (1) shall be Inserted and Sub-section (2) shall be Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).↩
Inserted by Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Substituted by Act 19 of 1958, Section 5, for "with a duty of one anna" w.e.f. 1-10-1958. ↩
Substituted by Act 21 of 2006, Section 69 for the words "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," by the Finance Act, 2006 (w.e.f. 18.04.2006.)↩
Substituted by the A.O. 1937, for "the Government".↩
Substituted by the A.O. 1950, for "Crown."↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1974 w.e.f. 01.06.1974.↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Substituted by the A.O. 1937, for "the G.G. in C."↩
Substituted by the A.O.1950 for "collecting government". ↩
The words "upon application made to him in this behalf or, if no application is made, with the consent of the Chief Controlling Revenue authority" omitted by Act 4 of 1914, Section 2 and Schedule, Pt. I.↩
Substituted by Act 9 of 1958, Section 6, for "with a duty of one anna or half an anna," w.e.f.1-10-1958.↩
Inserted by Act 15 of 1904.↩
Inserted by Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Substituted by Act 9 of 1958, Section 6, for "with a duty of one anna or half an anna," w.e.f. 1-10-1958.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1986.↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2002.↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959.↩
Now the Code of Civil Procedure, 1908 (5 of 1908) Schedule I, Order XIII, rule 9.↩
Substituted by Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Substituted by Indian Stamp (HYPERLINK "http://www.manupatrafast.com/ba/acttoc.aspx?actid=4980" Andhra Pradesh Amendment) Act, 1986.↩
Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.↩
Substituted by Act 5 of 1927, Section 5, for note or cheque.↩
Substituted by Act 5 of 1927, Section 5, for note or cheque.↩
Substituted by Act 5 of 1927, Section 5, for note or cheque.↩
Inserted by Indian Stamp (Bihar Amendment) Act, 1991.↩
Substituted by Indian Stamp (Bihar Amendment) Act, 2013.↩
Inserted by Indian Stamp (Haryana Amendment) Act, 1973.↩
Substituted by Indian Stamp (Haryana Amendment) Act, 2020. ↩
Sub-Section (4) and sub-section (6) shall be omitted and sub-section (5) and sub-section (8) shall be substituted by Indian Stamp (Chhattisgarh Amendment) Act, 2006.↩
Sub-Section (4) shall be added and sub-section (5), sub-section (6) and sub-section (8) shall be substituted by Indian Stamp (Chhattisgarh Amendment) Act, 2010.↩
Substituted by Indian Stamp (Goa Amendment) Act, 2013.↩
Inserted by Indian Stamp (Goa Amendment) Act, 2013.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968.↩
Inserted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975.↩
Substituted by Indian Stamp (Madhya Pradesh Amendment) Act, 1990.↩
Inserted by Indian Stamp (Madhya Pradesh Second Amendment) Act, 1975.↩
Inserted by Indian Stamp (Meghalaya Amendment) Act, 1983.↩
Inserted by Indian Stamp (PONDICHERRY Amendment) Act, 1970.↩
Inserted by Indian Stamp (Tripura Third Amendment) Act, 1985.↩
Substituted by Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Inserted by Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Inserted by Indian Stamp (Punjab Amendment) Act, 1982 (punjab).↩
Substituted by Indian Stamp (Punjab Amendment) Act, 2001 (punjab).↩
Substituted by Indian Stamp (Punjab Amendment) Act, 2003 (punjab).↩
Substituted by Indian Stamp (Punjab Amendment) Act, 1994 (Punjab).↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1974.↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1992.↩
Inserted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).↩
Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1981 (Act 42 of 1981).↩
Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).↩
Sub-section (1), (2), (3) and (4) shall be Substituted and Sub-section (5) shall be Added and Sub-section (6) and (10) shall be Inserted and Explanation shall be Omitted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 2006 (Act 13 of 2008).↩
Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 2006 (Act 13 of 2008).↩
Substituted by the Indian Stamp (Tamil Nadu Amendment) Act, 1998.↩
Section 47-A was inserted by T.N. Act 24 of 1967.↩
Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.↩
Substituted by Act 5 of 1927, Section 5, for note or cheque.↩
Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.↩
Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."↩
Inserted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Substituted by Indian Stamp (West Bengal Amendment) Act, 2012 (Act 33 of 2012).↩
Inserted by the Indian Stamp (Mizoram Amendment) Act, 2016 (Act No. 04 of 2016).↩
Substituted by Indian Stamp (Andhra Pradesh Amendment) Act, 1986.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1999.↩
Substituted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2005.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1971.↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2001.↩
Substituted by the Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Inserted by the Indian Stamp (Orissa Amendment) Act, 1962.↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2008.↩
Inserted by the Indian Stamp (Orissa Amendment) Act, 1965.↩
Substituted by Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Substituted by Indian Stamp (Odisha Amendment) Act, 2008 (O. A. 8 of 2009).↩
Inserted new Section 47 by Amendment Act No. 14 of 1975 [21-8-1975].↩
Inserted by Indian Stamp (Madhya Pradesh Amendment) Act, 1990.↩
Substituted by Indian Stamp (Punjab Amendment) Act, 2003 (punjab).↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975.↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 2005.↩
Substituted by Indian Stamp (Orissa Second Amendment) Act, 1986.↩
Substituted by A.O. 1937, for "the Local Government".↩
Substituted by the A.O. 1950, for "collecting Government."↩
Inserted by Act 5 of 1927, Section 5.↩
The word "cheques" omitted Section 5, ibid.↩
Substituted by Act 5 of 1927, Section 5 for "any bill of exchange".↩
The words "or cheques" omitted by Act 5, of 1927, Section 5.↩
The words "or cheques" omitted by Act 5, of 1927, Section 5.↩
Substituted by Act 5 of 1927, Section 5, for "any bill of exchange".↩
The word "cheque" omitted by Section 5," any bill of exchange".↩
The words "or cheques" omitted by Act 5, of 1927, Section 5.↩
The word "cheque" omitted by Section 5," any bill of exchange".↩
The word "cheque" omitted by Section 5," any bill of exchange".↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.↩
Inserted by Act 4 of 1914, Section 2 and Schedule, Part. I.↩
Inserted by Act 5 of 1906, Section 6. ↩
Inserted by Act 5 of 1906, Section 6. ↩
Substituted by Act 9 of 1958, Section 8, for "one anna" w.e.f. 1-10-1958.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Substituted by Act 9 of 1958, Section 8, for "one anna" w.e.f. 1-10-1958.↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).↩
Inserted by Act 19 of 1948, Section 9 w.e.f. 1-10-1958.↩
Section 54B Inserted by Act 13 of 1973, Section 2. ↩
Inserted by Act 5 of 1904, Section 7.↩
Inserted by Indian Stamp (Uttarakhand Amendment) Act, 2015.↩
Substituted by the A.O. (No. 2), 1956, for the former clauses (a) to (g).↩
Substituted by G.S.R. 1944, Gaz. Ex., Part II, Section 3(ii), Page578, dated 30-10-68.↩
Clause (bb) ins. by s. 3 and Sch. ibid. And omitted by the state of Himachal Pradesh (Adaptation of Law on Union Subjects) Order, 1973, s. 3 and Sch. (w.e.f. 25-1-1971).↩
Substituted by G.S.R. 7(E), Pt. II, Section 3(i), dated 2-1-74.↩
Omitted by regulation 6 of 1963, Section 2 and Schedule↩
Substituted by G.S.R. 432, Gaz. Ex., Part II, Section 31, dt.21-10-1974, for "Laccadive, Minicoy and Admindivi Islands".↩
Inserted by G.S.R. 1944, Gaz Ex., Part. II, Section 3(ii), Page 548,dated 30-10-68.↩
Inserted by Regulation 6 of 1963, Section 2 and Schedule↩
Inserted by Regulation 6 of 1963, s. 2 and the First Schedule.↩
The words "Chief court or Judicial Commissioner's Court "omitted by the A.O. 1950.↩
Substituted by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, Section 3 and Sch. I, for Cl. (b) (w.e.f. 1.11.1966) (Cl.).↩
Inserted by Regulation 6 of 1963, Section 2 and Schedule.↩
Omitted by the Himachal pradesh (Adaption of Laws on Union Subject) Order, 1973, Section 3 and Schedule (w.e.f. 25.01.1971).↩
The words "Chief Court or Judicial Commissioner's Court" omitted by the A.O. 1948↩
The words "Chief Court or Judicial Commissioner's Court" omitted by the A.O. 1948↩
The words "Chief Court or Judicial Commissioner's Court" omitted by the A.O. 1948↩
Inserted by Act 5 of 1927, Section 5↩
The word " cheque" omitted by Section 5, ibid↩
Substituted by Indian Stamp (Uttarakhand Amendment) Act, 2015↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Inserted by Indian Stamp (Tamil Nadu Amendment) Act, 1992 (Act 43 of 1992)↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Inserted by Indian Stamp (Uttar Pradesh Amendment) Act, 1975↩
Inserted by Indian Stamp (Andhra Pradesh Amendment) Act, 1992↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Inserted by Indian Stamp (Orissa Second Amendment) Act, 1986↩
Inserted by the Indian Stamp (Tamil Nadu Amendment) Act, 1972↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Inserted by Act 5 of 1927, Section 5↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Substituted by Act 19 of 1958, Section 10, for "one anna or half an anna" w.e.f. 1-10-1958↩
Substituted by Indian Stamp (Arunachal Pradesh Amendment) Act, 2010↩
Substituted by the A.O. 1937 for "the L.G.".↩
Substituted by the A.O. 1950, for "collecting Government".↩
Substituted by the A.O. 1950, for "collecting Government"↩
Inserted by Indian Stamp (Delhi Amendment) Act, 2010↩
Substituted by Indian Stamp (Andhra Pradesh Amendment) Act, 1986↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2001↩
Substituted by the Indian Stamp (Orissa Amendment) Act, 2003↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Inserted by Finance Act, 2020, w.e.f. 01.04.2020↩
Substituted by the A.O.1950, for "collecting Government"↩
The words "subject to the control for the G.G. in C." omitted by the A.O. 1937↩
Substituted by Act 19 of 1958, Section 10, for "one anna or half an anna" (w.e.f. 1-10-1958)↩
Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).↩
Inserted by the Indian Stamp (Tamil Nadu Third Amendment) And The Tamil Nadu Court-Fees And Suits Valuation (Amendment) Act, 1975↩
Substituted by the A.O. 1950, for "Collecting Government"↩
Inserted by Indian Stamp (Bihar Amendment) Act, 1991↩
Substituted by the A.O. 1937, for the original sub-section↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Inserted by Act 4 of 2005, Section 2 and Schedule↩
Inserted by Act 4 of 2005, Section 2 and Sch. (w.e.f. 11.1.2005)↩
Inserted by Act 4 of 1914, Section 2 and Schedule, Part I↩
Substituted by the A.O. 1937, for "The Local Government may by notification in the local official Gazette".↩
The words, brackets and figures "The Local Government, subject to the provision of section 124 (1) of the Government of India Act, 1935, and omitted by the A.O. 1950↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 2015↩
Omitted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1997↩
Inserted by the Indian Stamp (Andhra Pradesh Amendment) Act, 1997↩
Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 2015↩
Inserted by Indian Stamp (Himachal Pradesh Amendment) Act, 1952↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968↩
Substituted by Indian Stamp (Goa, Daman And Diu Amendment) Act, 1968↩
Inserted by Act 19 of 1958, Section 11 w.e.f. 1-10-1958↩
Inserted by the Indian Stamp (Orissa Amendment) Act, 1962↩
Omitted by Indian Stamp (Orissa Amendment) Act, 1970↩
Substituted by Section 12, ibid, "four annas" w.e.f. 1-10-1958↩
Substituted by Indian Stamp (Assam Amendment) Act, 2004↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1968↩
Substituted by Indian Stamp (Goa, Daman and Diu Amendment) Act, 1975↩
Substituted by Indian Stamp (PONDICHERRY Amendment) Act, 1970↩
Substituted by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958)↩
Substituted by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967)↩
Substituted by the Indian Stamp (Andhra Pradesh Extension And Amendment) Act, 1959↩
Substituted section 78 by Amendment Act No. 14 of 1975 [21-8-1975]↩
Repealed by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and schedule II↩
Substituted by Act 18 of 1928, sec. 2 and Sch. 1, for clause (a)↩
Inserted by Act 14 of 1932, sec. 130 and Sch↩
Substituted by Act 6 of 1910, sec. 3, for Article 5↩
Clause (c) omitted by the A.O. 1950.↩
Substituted by Act 15 of 1904, sec. 8, for Article 6↩
The words "and (3)" omitted by Act 5 of 1927, sec. 5↩
Item (a) omitted by Act 5 of 1927, sec. 5↩
Substituted by Act 76 of 1956, sec. 4 and Sch.II, for items (b) and (c) (w.e.f 1-2-1957)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "One rupee twenty five naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" (w.e.f. 1-3-2004)↩
ubstituted by S.O. 130(E), dated 28th January, 2004, for "Three rupees seventy five naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Seven rupees fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Seven rupees fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" (w.e.f. 1-3-2004)↩
-
Provided that rates of stamp duty specified in column (2) on Bills of Exchange for items (b) and (c) in Article 13 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporations, Commercial Banks and Cooperative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned *[in column (2)] against items (b) and (c) in Article 13 of Schedule I of the Indian Stamp Act, 1899 (2 of 1899).
Explanation 1.--For the purpose of the proviso--
(a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations;
(b) "crops" include products of agricultural operations;
(c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers.
Explanation 2.--The duty chargeable shall, wherever necessary, be rounded off to the next five paise.
[Vide S.O. 130(E), dated 28th January, 2004.]↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Two rupees" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Two rupees" (w.e.f. 1-3-2004)↩
Substituted by Act 43 of 1955, sec. 2, for "the States" (w.e.f. 1-4-1956)↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Subs by Act 43 of 1923 sec. 2, for "One anna"↩
-
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
"See also LETTER OF ALLOTMENT OF SHARES (NO. 36)"↩
Article 21 omitted by Act 5 of 1927, sec. 5↩
Numbered as clause (a) by Act 48 of 2001, sec. 11 (w.e.f. 24-9-2001)↩
Inserted by Act 48 of 2001, sec. 11 (w.e.f. 24-9-2001)↩
Inserted by Act 48 of 2001, sec. 11 (w.e.f. 24-9-2001)↩
Substituted by Act 5 of 1906, sec. 7, for clauses (b) and (c)↩
Inserted by Act 10 of 1914, sec. 2 and Sch. I.↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
"25[27. DEBENTURE (Whether a mortgage debenture or not), being a marketable security transferable-- 0.05% per year of the face value of the debenture, subject to the maximum of 0.25% or rupees twenty-five lakhs whichever is lower. (a) by endorsement or by a separate instrument of transfer (b) by delivery" Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Substituted by Act 15 of 1904, sec. 8, for "See AGREEMENT BY WAY OF EQUITABLE MORTGAGE (No. 6)"↩
Inserted by Act 38 of 1926, sec. 19 and Sch.↩
Omitted by Act 15 of 1904, sec. 8↩
Exemption (b) omitted by the A.O. 1937↩
-
Substituted by the Finance Act, 2019, w.e.f. 01.07.2020, for the following:-
"36. 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.
See also CERTIFICATE OR OTHER DOCUMENT (No.19)"↩
Substituted by Act 43 of 1923, sec. 2, for "One anna"↩
Substituted by S.O. 130(E), dated 28th January, 2004 (w.e.f. 1-3-2004)↩
Substituted by Act 15 of 1904, sec. 8, for "AN AGREEMENT TO MORTGAGE (No. 6)"↩
The words "at the time of execution" omitted by Act 15 of 1904, sec. 8↩
Exemption (3) omitted by Act 15 of 1904, sec. 8↩
Substituted by Act 5 of 1906, sec. 7, for "One year"↩
Substituted by Act 15 of 1904, sec. 8, for "Four annas"↩
Substituted by Act 15 of 1904, sec. 8, for "Four annas"↩
Substituted by Act 6 of 1910, sec. 3, for Article 43↩
Inserted by Act 15 of 1904, sec. 8↩
Substituted by Act 5 of 1906, sec 7, for Divisions A and B↩
The words "fifteen naye paise or" omitted by Act 14 of 1961, sec. 16.↩
Substituted by S.O. 130(E), dated 28th January, 2004, for Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five naye paise" (w.e.f. 1-3-2004)↩
Substituted by Act 18 of 1928, sec. 2. and Sch. I, for "one thousand rupees"↩
Substituted by S.O. 130(E), dated 28th January, 2004, for Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty-five naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by Act 43 of 1923, sec. 2, for "FIRE INSURANCE"↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "One rupee" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by Act 18 of 1928, sec. 2 and Sch. I.↩
Substituted by Act 19 of 1958, sec 13, for "Rupees 2-8-0" (w.e.f. 1-10-1958)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Inserted by Act 15 of 1925, sec. 2↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by Act 18 of 1928, sec. 2 and Sch. I, for Division D↩
Inserted by Act 15 of 1925, sec. 2↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fourty naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty naye paise" (w.e.f. 1-3-2004)↩
Inserted by Act 43 of 1955, sec. 7 (w.e.f. 1-4-1956)↩
Substituted by Act 43 of 1923, sec. 2, for "of Sea Insurance of a Policy of Fire Insurance".↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "One rupee" (w.e.f. 1-3-2004)↩
Inserted by Act 14 of 1961, sec. 16↩
Omitted by S.O. 130(E), dated 28th January, 2004 (w.e.f. 1-3-2004)↩
Omitted by S.O. 130(E), dated 28th January, 2004 (w.e.f. 1-3-2004)↩
The relevant provisions of the Indian Registration Act, 1908 (16 of 1908) to be referred to↩
Substituted by Act 43 of 1923, sec. 2, for the Article 49.↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty-five naye paise" (w.e.f. 1-3-2004)↩
-
Provided that rates of stamp duty specified in column (2) on Bill of Exchange for items (b) and (c) in article 13 and on promissory Note for items (b) of Article 49 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporations, Commercial Banks and Cooperative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned in column (2) against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule I of the Indian Stamp Act, 1899 (2 of 1899).
Explanation 1.-- For the purpose of the proviso--
(a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations;
(b) "crops" include products of agricultural operations;
(c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers.
Explanation 2.--The duty chargeable shall, wherever necessary, be rounded off to the next five paise.
[Vide S.O. 130(E), dated 28th January, 2004 and as corrected by S.O. 522(E), dated 7th April, 2005 (w.r.e.f. 1-3-2004).]↩
Substituted by S.O. 130(E), dated 28th January, 2004 as amended by S.O. 2189(E), dated 12th September, 2008 (w.e.f. 1-3-2004)↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Thirty paise" (w.e.f. 1-3-2004).↩
Substituted by Act 32 of 1994, sec. 99, for "Twenty paise" (w.e.f. 13-5-1994↩
Substituted by Act 23 of 2004, sec. 117, for "five hundred rupees" (w.e.f. 10-9-2004).↩
Substituted by Act 18 of 1928, sec. 2, and Sch. I, for "or exempted"↩
Inserted by Act 18 of 1928, sec. 2 and Sch. I↩
Substituted by the Andhra (Adaptation of Laws on Union subjects) Order, 1954, for "in the Presidencies of Fort St. George and Bombay" (w.e.f. 1-10-1953)↩
Inserted by the A.O. (No. 2) Order, 1956↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Substituted by Act 10 of 1927, sec. 2 and Sch. I, for "or soldiers"↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Substituted by Act 10 of 1927, sec. 2 and Sch. I, for "Her Majesty's Army or Her Majesty's Indian Army".↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Substituted by Act 10 of 1927, sec. 2 and Sch. I, for "or soldier."↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Substituted by Act 10 of 1927, sec. 2 and Sch. I, for "either of the said Armies".↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I↩
Substituted by Act 10 of 1927, sec. 2 and Sch. I, for "or soldiers"↩
Inserted by Act 35 of 1934, sec. 2 and Sch. I.↩
Inserted by Act 5 of 1906, sec. 7↩
Inserted by Act 15 of 1904, sec. 8↩
Inserted by the Finance Act, 2019, w.e.f. 01.07.2020↩
Substituted by the A.O. 1950, for "Crown"↩
Exemption (b) omitted by the A.O. 1937↩
The relevant provisions of the Companies Act, 1956 (1 of 1956) to be referred to↩
Substituted by Act 6 of 1910, sec. 3, for "Three-quarters"↩
-
Omitted by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text was:-
↩"[(a) of shares in an incorporated company or other body corporate; [Twenty-five paise] for every hundred rupees or part thereof of the value of the share.] (b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8; [One-half] of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debentures. The relevant provisions of the Administrator General's Act, 1913 (3 of 1913) and the Administrators General Act, 1963 (45 of 1963) to be referred to↩
-
Applies in toto to Union territories.
Art. 13,14,27,37,47,49,52,53,62 (a) alone apply to Andhra Pradesh and other States.↩
w.e.f. 1-6-1976↩
Now Indian Army Act, 1950 (46 of 1950)↩
Now Indian Air Force Act, 1950 (45 of 1950)↩
Now Apprentices Act, 1961 (52 of 1961)↩
Now Companies Act, 1956 (1 of 1956)↩
Substituted for "One Rupee Twenty Five Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Five Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "One Rupee Twenty Five Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Two Rupees Fifty Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Five Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Five Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Three Rupees and Seventy Five Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Seven Rupees and Fifty Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Seven Rupees and Fifty Paise" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Five Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Ten Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Ten Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Ten Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Twenty Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Twenty Rupees" by Notification No. 130(E) dated 28-1-2004 w.e.f. 1-3-2004↩
Substituted for "Two Rupees" by Notification No. 130(E) dated 28-1-2004. w.e.f. 1-3-2004↩
Numbered as clause (a) by the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001), dated 24.09.2001↩
Inserted by Numbered as clause (a) by the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001), dated 24.09.2001↩
Inserted by Numbered as clause (a) by the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001), dated 24.09.2001↩
Substituted by Order No. S.O. 2189 (E), dated 12-09-2008, Pub. in Gaz. of India, Extra Pt.II, Sec. 3(ii), dated 12-09-2008↩
Substituted for "Two Rupees" by Notification No. 130(E) dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Twenty five paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifty paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "One Rupee" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Twenty five paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Forty paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004.↩
Substituted for "Twenty paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Now Indian Registration Act, 1908 (16 of 1908)↩
Substituted for "Ten paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Fifteen paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted for "Twenty five paise" by Notification No. 130 (E), dated 28-1-2004. w.e.f. 1-3-2004↩
Substituted by Order No. S.O. 2189(E), dated 12-09-2008, Pub. in Gaz. of India, Ext. Pt-II, Sec. 3(ii), dt. 12.09.2008↩
Substituted for "thirty paise" by Notification No. 130(E) dated 28-1-2004, w.e.f. 1-3-2004↩
Substituted for "Five hundred rupees" by Finance Act (No.2) of 2004) (Act No. 23 of 2004), w.e.f. 10-9-2004↩
Substituted for the words "twenty paise" by Finance Act 32 of 1994, w.e.f. 13-5-1994↩
Now Companies Act, 1956 (1 of 1956)↩
Now S. 114 of Companies Act, 1956 (1 of 1956)↩
Substituted for "fifty paise" by Notification No. 130(E) dated 28-1-2004, w.e.f. 1-3-2004↩
Substituted by S.O. 1681 (E) dated 30-11-2005. Pub. in Gaz. of India Ext. No. 1245, Pt.II, S.3(ii) dated 30-11-2005↩
Stamp Duty fixed as Rs. 1/- (Rupee One) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 50/- (fifty rupees) by ibid↩
Stamp Duty fixed as Rs. 50/- (fifty rupees) by ibid↩
Stamp Duty fixed as Rs. 100/- (One hundred rupees) by ibid↩
Substituted for the words "Five Rupees" by A.P. Act 22 of 1989, w.e.f. 1-4-1990↩
Stamp Duty fixed as Rs. 20/- (Twenty rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 5/- (five rupee) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 500/- by ibid↩
Article 6 substituted by A.P. Act 21 of 1995, w.e.f. 1-4-1995, vide G.O. Ms. No. 173, Rev. (Regn.-II) dated 31-3-1995↩
Stamp Duty fixed as Rs. 50/- (for value upto Rs. 50,000/-) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 100/- (for value exceeding Rs. 50,000/- to 2,00,000) by ibid↩
Stamp Duty fixed as Rs. 200/- (for value exceeding Rs. 2,00,000/-) by ibid↩
Stamp Duty fixed as Rs. 200/- (for value exceeding Rs. 2,00,000/-) by ibid↩
Amended As per G.O. Ms. No. 581 dated 30-11-2013, See Page No. 307 for detailed G.O. Registration Fee 0.5% as per G.O. No. 463 dated 17-08-2013. See for Details page 304.↩
Stamp Duty fixed as Rs. 200/- (Agreements not susceptible for value) by ibid↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
Note:-- Registration charges for Deposit of title deeds: 0.1% on the loan amount subject to a maximum of Rs. 1000/- vide G.O. Ms. No. 2045 (Reg. I), dated 28.11.05 w.e.f. 01.12.05↩
For reductions please see Item 141. Note:- Reduced the Stamp Duty, chargeable under 47A(d) on sale deeds relating to Apartments, whose value does not exceed Rs. 1,50,000 has been reduced to that chargeable under Act 47(a) to (c) as the case may be [GO. Rt.No.1432 Rev. (Reg.-I) Dept. dated 20-11-95]↩
Stamp Duty fixed as Rs. 100/- (Rupees Hundred only) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015.↩
Stamp Duty fixed as Rs. 50/- (fifty Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
Stamp Duty Reduced from 5% to 4% vide G.O. Ms. No. 582, Rev. (Regn. I) Dept. dated 30-11-2013↩
Stamp Duty fixed as Rs. 300/- (Three Hundred) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty Reduced from 5% to 4% vide G.O. Ms. No. 582, Rev. (Regn. I) Dept. dated 30-11-2013↩
Stamp Duty fixed as Rs. 10/- (Ten Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 50/- (fifty rupees) by ibid.↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005.↩
Stamp Duty fixed as Rs. 20/- (Twenty rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 100/- (One hundred rupees) by ibid↩
Stamp Duty fixed as Rs. 100/- (Rupees Hundred only) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Note: If Mortgage is created by deposit of title deeds, it is not required to be registered. Hence in such cases, Stamp Duty will have to be paid on debenture certificates.↩
Substituted by A.P. Act 17 of 1986 w.e.f. 16-8-1986↩
Inserted by Act 22 of 1971 which came into force from 16-1-1973.↩
-
Inserted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005.
Note:-- Karnataka Stamp Act:-- Exemption -- Amalgamation of sick companies with others, under the orders of B.I.F.R↩
Proviso inserted by Act 17 of 1986, w.e.f. 16-8-1986↩
Substituted by A.P. Act 22 of 1989, Section 2 (d), w.e.f. 1-4-1990↩
Stamp Duty fixed as Rs. 20/- (Twenty rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted by A.P. Act 22 of 1989, Section 2 (d), w.e.f. 1-4-1990↩
Stamp Duty fixed as Rs. 50/- (fifty rupees) by ibid↩
Substituted for "five rupees" by A.P. Act 22 of 1989, Section 2 (e), (w.e.f. 1-4-1990)↩
Stamp Duty fixed as Rs. 50/- (fifty Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted for "five rupees" by A.P. Act 22 of 1989, Section 2 (e), (w.e.f. 1-4-1990)↩
Stamp Duty fixed as Rs. 50/- (fifty Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted for "twenty rupees" by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
Substituted for "twenty paise" by Ibid↩
Stamp Duty fixed as Rs. 20/- (Twenty rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015.↩
Stamp Duty fixed as Rs. 50/- (fifty Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 500/- (five hundred rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 250/- (two hundred and fifty rupees) by ibid↩
A.P. Act XXII of 1971↩
A.P. Act XXII of 1971↩
-
(a) Gift in favour of relatives as defined u/s 56(2) of I.T. Act, 1961 and Govt/local bodies/UDAs. Stamp Duty reduced from 5% to 1%, vide G.O. Ms. No. 585, Rev. (Regn. I) Dept. dated 30-11-2013. See App. B, Reductions & Remissions infra.
(b) Gift in other cases. Stamp Duty reduced from 5% to 4% vide G.O. Ms. No. 585, Rev. (Regn. I) Dept. dated 30-11-2013. See App. B, Reductions & Remissions infra.↩
A.P. Act XXII of 1971↩
G.O. Ms. No. 588, Revenue (Registration-I), dated 04-12-2013. For details see Page No. 313↩
G.O. Ms. No. 588, Revenue (Registration-I), dated 04-12-2013. For details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty Revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see Page No. 313↩
Stamp Duty fixed as Rs. 2/- (two rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
Stamp Duty revised by G.O. Ms. No. 588 dt. 04-12-2013 for details see page No. 313↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
A.P. Act XXII of 1971↩
Housing Loans and assignment of debt on housing loans (vide G.O.Ms.No.304, Rev. (Reg.-I), Dept. dated 27-03-04↩
Rates reduced from 3% to 0.5% of the amount secured by such deeds vide GO Ms. No. 409, Rev. (Regn I) Dept., dated 11-5-2010 Printed infra↩
Stamp Duty fixed as Rs. 1/- (Rupee One) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 1/- (Rupee One) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 1/- (Rupee One) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 1/- (Rupee One) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 10/- (Ten rupees) by ibid↩
Stamp Duty fixed as Rs. 5/- (five rupees) by ibid↩
Stamp Duty fixed as Rs. 100/- (One hundred rupees) by ibid↩
Stamp Duty fixed as Rs. 100/- (One hundred rupees) by ibid↩
Amended As per G.O. Ms. No. 581 dated 30-11-2013, See Page No. 307 for detailed G.O. Registration Fee 0.5% as per G.O. No. 463 dated 17-08-2013. See for Details page 304↩
A.P. Act XXII of 1971↩
Substituted by A.P. Act No. 19 of 2005 w.e.f. 1-8-2005↩
Substituted for 5% vide G.O. Ms. No. 584 dt. 30-11-2013, for details see page No. 311↩
Note:-- Clauses (a) to (d) and (f) Registration charges Rs. 100/- vide GO. Ms. No. 2045/ Reg.I), dated 28.11.05 w.e.f. 01.12.05↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
A.P. Act XXII of 1971↩
Note:-- Clauses (a) to (d) and (f) Registration charges Rs. 100/- vide GO. Ms. No. 2045/ Reg.I), dated 28.11.05 w.e.f. 01.12.05.↩
For reductions please see Item 142, of the Chapter Reductions and Remissions, printed infra.↩
Inserted by A.P. Act 21 of 1995, Section 2 (b) w.e.f. 1-4-1995↩
Stamp Duty fixed as Rs. 10/- (Ten Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed as Rs. 10/- (Ten Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
-
Note:-- (I) Registration charges Rs. 1000/- vide GO. Ms. No. 2045 (Reg. I) dated 28.11.05 w.e.f. 01.12.05.
(2) Noti. II issued in G.O.Ms. No. 1129, Rev. (Regn. I) Dept., dated 13-6-2005, withdrawn by G.O.Ms. No. 1169, Rev. (Regn. I) Dept., dated 15-9-2010↩
Substituted by A.P. Act 17 of 1986 w.e.f. 16-8-1986↩
Stamp Duty fixed as 3% by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Rate of Stamp Duty fixed Rs. 1,000/- vide G.O. Ms. No. 584, Rev. (Regn. I) Dept. dated 30-11-2013↩
Article 47-A inserted by A.P. Act 17 of 1986, w.e.f. 16-8-1986↩
Note: If Mortgage is created by deposit of title deeds, it is not required to be registered. Hence in such cases, Stamp Duty will have to be paid on debenture certificates.↩
-
For reductions please see Item 142, of the Chapter Reductions and Remissions, printed infra.
20. Note:-- (I) Registration charges Rs. 1000/- vide GO. Ms. No. 2045 (Reg. I) dated 28.11.05 w.e.f. 01.12.05.
(2) Noti. II issued in G.O.Ms. No. 1129, Rev. (Regn. I) Dept., dated 13-6-2005, withdrawn by G.O.Ms. No. 1169, Rev. (Regn. I) Dept., dated 15-9-2010
21. Article 47-A inserted by A.P. Act 17 of 1986, w.e.f. 16-8-1986↩
-
For reductions please see Item 143 of the Chapter Reductions and Remissions, printed infra.
Note:-- Registration charges Rs. 1000/- vide G.O. Ms. (Reg. I), dated 28.11.05, w.e.f. 01.12.05↩
-
Art. 47A a to c whose value does not exceed Rs. 1,50,000/- applies (vide G.O.Rt.No. 1432, Rev.(Reg) dated 20-11-95.
22. Inserted by A.P. Act No. 21 of 1995, w.e.f. 1-4-1995↩
Rates reduced to 5% in all areas of A.P. by GO. Ms. No. 719, Rev. (Regn.I) Dept., dated 30-7-2010, w.e.f. 1-8-2010↩
Inserted by A.P. Act No. 21 of 1995, w.e.f. 1-4-1995↩
-
Note:-- (1) Registration charges Rs.1000/- vide G.O.Ms.No.2045 (Regn.1) dated 28-11-2005, w.e.f. 1-12-2005.
(2) Notification III issued in G.O.Ms. No. 1129, Rev (Regn. I) Dept., dated 13-6-2005 withdrawn by G.O.Ms. No. 1171, Rev. (Regn. I) Dept., dated 15-9-2010↩
Substituted by A.P. Act No. 21 of 1995, w.e.f. 1-4-1995↩
Art. 48 and entries thereto subs, by A.P. 22 of 1989 w.e.f. 1-4-1990↩
Stamp Duty Reduced from 5% to 4% vide G.O. Ms. No. 582, Rev. (Regn. I) Dept. dated 30-11-2013. See also Appendix B. Reduction and Remission infra↩
Art. 49 and entries thereto Sub. by A.P. 22 of 1989 w.e.f. 1-4-1990.↩
Stamp Duty reduced from 3% to 1% vide G.O. Ms. No. 585, Rev. (Regn. I) Dept. dated 30-11-2013↩
 Stamp Duty reduced from 6% to 2% vide G.O. Ms. No. 585, Rev. (Regn. I) Dept. dated 30-11-2013↩
 Stamp Duty has been reduced to 2% vide G.O. Ms. No. 585 Rev. (Regn-I) Dept., dt. 30.11.2013. For details see Page No. 312↩
A.P. Act XXII of 1971↩
Stamp Duty fixed as Rs. 10/- (Ten Rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Stamp Duty fixed, subject to a maximum of Rs. 500/- by ibid↩
Stamp Duty fixed, subject to a maximum of Rs. 500/- by ibid↩
A.P. Act XXII of 1971↩
A.P. Act XXII of 1971↩
Substituted, for expression "Bottomry Bond 14" by A.P. Act 22 of 1989, w.e.f. 1-4-1990↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
Stamp Duty fixed as Rs. 1,000/- (one thousand rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Substituted, for expression "Bottomry Bond 14" by A.P. Act 22 of 1989, w.e.f. 1-4-1990.↩
Substituted by A.P. Act 22 of 1989 w.e.f. 1-4-1990↩
Stamp Duty fixed as Rs. 500/- by ibid↩
Stamp Duty fixed as Rs. 20/- (Twenty rupees) by Govt. of Telangana, vide G.O. Ms. No. 120, Rev. (Regn.I) Dept., dt. 23-7-2015↩
Omitted by Act 5 of 1927↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Now see Indian Ports Act, 1908↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004) for "two"↩
Substituted for the original divisions A and B by Act V of 1936↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Inserted by Act XV of 1925↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Inserted by Act XV of 1925↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted for original Division D by Act XVIII of 1928↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
"Rs. 5000" Substituted for "Rs. 500" by Act 2 of 2004↩
Substituted for "twenty paise" by Act 32 of 1994↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Substituted by S.O. 130(E) dated 28.1.2004 (w.e.f. 1.3.2004)↩
Inserted by S.O. 1145(E) dated 18.10.2004 (w.e.f. 1.3.2004)↩
Substituted by Bihar Act 11 of 2002↩
Substituted by So 1.M.-169/2012-1026 dated 15.2.2013. (Substituted for Rs. 20/- and Rs. 100/.)↩
Words "on the market value of the estimated cost of the proposed construction/development of such property" Substituted by Notifn. S.O. 1/E1-480/2002-2022 dated 17.9.2004↩
Inserted by So 1.M.1-255/2006, 364 dated 8.2.2007↩
Substituted by So 1.M.-169/2012-1026 dated 15.2.2013. (Substituted for Rs. 20/- and Rs. 100/.)↩
Words "Pawn or pledge" Substituted by S.O. 1(E)-480/2002-2965 dated 18.12.2003↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
"Article 23" Substituted by No. 1/M--131--2005--920--dated 8.5.2006↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by Bihar Act 11 of 2002↩
Omitted by ibid↩
Omitted by ibid↩
Substituted by Notification No. 1/M1-714/2009-521 dated 25.2.2010↩
Words "Conveyance (No. 23)" Substituted by S.O. 1(E)-480/2002-2965 dated 18.12.2003↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Words "Market value" Substituted by S.O. 1E/-480/2002-2965 dated 18.12.2003↩
Words "Market value" Substituted by S.O. 1E/-480/2002-2965 dated 18.12.2003↩
Inserted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Inserted by So. 1/M1-131-2005-1700 at 30.6.2008↩
Words "based on the consideration or market value equal to the amount secured" by subs. S.O. 1E/-480/2002-2965 dated 18.12.2003↩
Substituted by ibid↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Inserted by ibid↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
Substituted by S.O. 1/M-169/2012-1026 dated 15.2.2013↩
The words "and (3)" omitted by Act 5 of 1927, section 5↩
Item (a) omitted by Act 5 of 1927, section 5↩
Substituted by Act 76 of 1956, section 4 and Schedule II for items (b) and (c) w.e.f. 01-02.1957↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "One rupee twenty five naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Two rupees fifty naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Two rupees fifty naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Two rupees fifty naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Three rupees seventy five naya paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Seven rupees fifty naya paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Seven rupees fifty naya paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for *Ten rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for *Ten rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for *Ten rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty rupees" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004 for "Two rupees" w.e.f. 01.03.2004↩
Inserted by Act 48 of 2001, section 11 w.e.f. 24.09.2001↩
Substituted by S.O. 2189(E), dated 12.09.2008↩
Substituted by S.O. 130(E), dated 28th January, 2004 for "Two rupees" w.e.f. 01.03.2004↩
Substituted by Act 5 of 1906, section 7, for the original Divisions A and B↩
The words "fifteen naye paise or" omitted by Act 14 of 1961, section 16↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five naye paise" w.e.f. 01.03.2004↩
Substituted by Act 18 of 1928, section 2 and Schedule I, for "one thousand rupees"↩
Substituted by Act 18 of 1928, section 2 and Schedule I, for "one thousand rupees"↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Five naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty-five naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004.↩
Substituted by Act 43 of 1923, section 2, for "Fire Insurance"↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifty naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "One rupee" w.e.f. 01.03.2004.↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004↩
Substituted by Act 18 of 1928, section 2 and Schedule I↩
Substituted by Act 19 of 1958, section 13, for "Rs. 2.80" (w,e.f. 1-10-1958)↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Inserted by Act 15 of 1925, section 2↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by Act 18 of 1928, section 2 and Schedule I, for Division D↩
Substituted by Act 43 of 1955, section 7, for "OR OTHER INSURANCE" w.e.f. 01.04.1956↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Forty naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Twenty naye paise'* w.e.f. 01.03.2004↩
Inserted by Act 43 of 1955, section 7 w.e.f. 01-04.1956.↩
Substituted by Act 43 of 1923, sec, 2 for "of Sea Insurance or a Policy of Fire Insurance"↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "One rupee" w.e.f. 01.03.2004↩
Inserted by Act 14 of 1961, section 16↩
Omitted by S.O. 130(E), dated 28th January, 2004 w.e.f. 01.03.2004↩
Omitted by S.O. 130(E), dated 28th January, 2004 w.e.f. 01.03.2004↩
Substituted by Act 43 of 1923, section 2, for the Article 49↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Ten naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Fifteen naye paise" w.e.f. 01.03.2004.↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Twenty-five naye paise" w.e.f. 01.03.2004↩
Substituted by S.O. 130(E), dated 28th January, 2004 as amended by S.O. 2189(E), dated 12th September, 2008 w.e.f. 01.03.2004↩
-
Provided that rates of stamp duty specified in column (2) on Bill of Exchange for items (b) and (c) in article 13 and on promissory note for items (b) of Article 49 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporations, Commercial Banks and Cooperative Banks for
(a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned in column (2) against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule 1 of the Indian Stamp Act, 1899 (2 of 1899).
Explanation 1 - For the purpose of the proviso-
(a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations;
(b) "crops" include products of agricultural operations;
(c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers.
Explanation 2 - The duty chargeable shall, wherever necessary, be rounded off to the next five paise.
[Vide S.O. 130(E) dated 28th January, 2004 and as corrected by S.O. 522(E), dated 7th April, 2005 w.e.f. 01.03.2004.]↩
Substituted by S.O. 130 (E), dated 28th January, 2004, for "Thirty paise" w.e.f. 01.03.2004.↩
Substituted by the Finance (No. 2) Act, 2004, section 117, for "five hundred rupees"↩
Substituted by Act 32 of 1994, section 99, for 'Twenty paise" w.e.f. 13.05.1994↩
Substituted by Act 32 of 1994, section 99, for 'Twenty paise" w.e.f. 13.05.1994↩
Inserted by Act 18 of 1928, section 2 and Schedule I.↩
Substituted by the Andhra (Adaptation of Laws on Union subjects) Order, 1954, for "in the Presidencies of Fort St. George and Bombay" w.e.f. 01.10.1953↩
Inserted by the Adaptation of Laws {No. 2) Order, 1956.↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 10 of 1927, section 2 and Schedule I, for "or soldiers"↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 10 of 1927, section 2 and Schedule I, for "Her Majesty's Army or Her Majesty's Indian Army"↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 10 of 1927, section 2 and Schedule I, for "or soldiers"↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 10 of 1927, section 2 and Schedule I, for "either of the said forces"↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 10 of 1927, section 2 and Schedule I, for "or soldiers"↩
Inserted by Act 35 of 1934, section 2 and Schedule↩
Substituted by Act 43 of 1955, section 7, for clause (a) w.e.f. 01.04.1956↩
Substituted by S.O. 130(E), dated 28th January, 2004, for "Seventy-five naya paise" w.e.f. 01.03.2004↩
Substituted by Act 6 of 1910, section 3, for "One-quarter"↩
The relevant provisions of the Administrator General's Act, 1913 (3 of 1913) and the Administrator General's Act, 1963 (45 of 1963) to be referred to↩
-
Substituted by Indian Stamp (Madhya Pradesh Amendment) Act, 2014, the previous text was below:-
"SCHEDULE IA
[As substituted by M.P. Act 12 of 2002 and amended subsequently by M.P. Act 22 of 2004 and 5 of 2006.]
(See Section 3)
Note:- This is a new schedule which has been brought into force from 13th of August, 2002.
Description of Instruments Proper Stamp-duty (1) (2) 1. Acknowledgment 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. Two rupees 2. Administration Bond, including a bond given under sections 291, 375 and 376 of the Indian Succession Act, 1925 (39 of 1925) and section 6 of the Government Saving's Bank Act, 1873 (V of 1873). The same duty as a Bond (No.12) for such amount. 3. 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. Five hundred rupees. 4. 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. Ten rupees. Exemptions:- Affidavit or, declaration in writing when made:- (a) as a condition of enrollment under the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950); (b) for the sole purpose of being filed or used in any Court or before the officer of any Court; (c) for the sole purpose of enabling any person to receive any pension or charitable allowance. 5. Agreement or memorandum of an agreement:- (a) If relating to the sale of bill of exchange. One rupee for every Rs. 10,000 or part thereof.
↩(b) (i) If relating to the purchase or sale of a Government Security. One rupee for every Rs. 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 Rs. One thousand. (ii) If relating to the purchase or sale of shares, scripts, 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 delivery-based transaction.] (c) If 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 granter's know how, brand name, trademark etc. i.e. the agreement of franchise. Ten thousand rupees. [(d) If relating to the development of land or construction of a building on a land by a person other than the owner or lessee of such land. Three percent on the market value equal to the Estimated cost of the proposed construction or development as mentioned in the agreement.] (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 a conveyance (No. 20) 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. Five hundred rupees. [(fa) If relating to secure repayment of a loan or debt. 0.5 per cent of the amount of loan or debt subject to a maximum of fifty thousand rupees.] (g) If not otherwise provided for One hundred rupees. Exemption:- Agreement or memorandum of an agreement:-- (a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under article-41. (b) made in the form of tenders to the Central Government for or relating to any loan. 6. 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:- (i) 12[(1) Where the amount secured does not exceed Rs. One lakh. One hundred rupees (2) Where the amount secured exceeds rupees one lakh. 0.25 per cent of the amount secured, subject to a maximum of two lac rupees.] [Explanation - On an instrument relating to hypothecation of movable property securing repayment of a higher amount than one secured by earlier instrument 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.] (ii) If such loan or debt is repayable not more than three months from the date of such instrument. Half the duty payable under sub-clause (i) of Clause (b) of this article. Explanation - 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 affected, 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. Exemption:- (a) Letter of hypothecation accompanying a bill of exchange. (b) Instrument of pawn or pledge of agriculture produce if unattested. 7. Appointment in execution of a power, whether of trustees or of property, movable or immovable, where made by any writing not being a Will. One hundred rupees. 8. Appraisement or valuation, made otherwise than under an order of the Court in the course of a suit- One hundred rupees. Exemptions:- (a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. 9. 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. Five rupees. Exemption:- Instrument of apprenticeship by which a person is apprenticed by or at the charge of any public charity. 10. Articles of association of a company :- (a) where the company has no share-capital. One thousand rupees. (b) where the company has nominal share capital or increased share capital. 0.15 percent of such nominal or increased share capital subject to a minimum of one thousand rupees and a maximum of five lac rupees. Exemption:- Articles of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (No.1 of 1956). 11. 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. Twenty rupees for every one thousand rupees or part thereof, of the amount, or value of the property to which the award relates. 12. Bond, not being a debenture (No. 27) and not being otherwise provided for by this Act or by the Court Fees Act, 1870 (7 of 1870). Four per cent of the amount or value secured. Exemption:- Bond, when executed by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem. 13. 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. 12) for the same amount. 14. Cancellation - Instrument of, if attested and not otherwise provided for. One hundred rupees. Exemption:- Instrument of cancellation of a will. 15. Certificate of Enrollment, under section 22 of the Advocates Act, 1961 (No. 25 of 1961) issued by the State Bar Council of Madhya Pradesh. Two hundred and fifty rupees. 16. 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 certificate under sub-section (2) of the said section. Five hundred rupees. 17. 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. The same duty as conveyance (No.22) for a market value equal to the amount of the purchase money only. 18. Certificate or other document, evidencing the right or title of the holder thereof, or any other person, either to any share, script or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, script 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. 19. Charter-Party, that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charter, whether it includes a penalty clause or not. Ten rupees. 20. 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 one 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, substituted to the clearing house of a stock exchange. [Rupees two for every one lakh or part thereof, of the value of security at the time of its purchase or sale, as the case may be, in case of delivery based transaction.] 21. Composition deed, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or where payment of a composition of 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. Five hundred rupees. 22. Conveyance, not being a transfer charged or exempted under No.56. Eight per cent of the market value of the property which is the subject matter of conveyance: Provided that:-- (a) where an instrument relates to the amalgamation or reconstruction of companies under the orders of High Court under section 394 of the Companies Act, 1956 (I of 1956), 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 not exceed an amount equal to 7% of the market value of the immovable property transferred which is located within the State of Madhya Pradesh; or an amount equal to 0.7% 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 applicable shall be 0.5 per cent 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.100. (d) where a power of attorney authorising the agent to sell immovable property is stamped with advalorem 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.100. (e) where a mortgage deed is stamped with advalorem duty required for a mortgage under article 38 and a court decree in pursuance of a suit filed against the mortgaged property is executed, the duty payable on the decree shall be the duty payable under the article less the duty already paid under article 38 on the mortgage deed, subject to a minimum of Rs.100. [(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 applicable shall be one percent on the market value of the property; [***]] Exemption:- Assignment of Copy-right under the Copyright Act, 1957 (No. 14 of 1957). 23. Copy or Extract, certified to be a true copy or extract, by or order of any public officer under section 76 of the Indian Evidence Act, 1872 (I of 1872) and not chargeable under the law for the time being in force relating to court-fees. Ten rupees. Exemption:- (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. (b) Copy of, or extract from any register relating to births, baptism, namings, dedications, marriages, divorces, deaths and burials. 24. Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid- One hundred rupees. Exemption:- Counterpart of any lease granted to a cultivator when such lease is exempted from duty. 25. 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. One hundred rupees. 26. 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 port 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. Two rupees. 27. Divorce, instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. Two hundred rupees. 28. Entry of certificate of marriage, in the register under the Special Marriage Act, 1954 or any other law for the time being in force. Five rupees. 29. Exchange of property - Instrument of- The same duty as a Conveyance (No.22), on the market value of the property of greater value which is the subject matter of exchange. 30. Further charge - Instrument of, that 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.38 (that is, with possession); The same duty as a Conveyance (No.22) for a market value equal to 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. 38 (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.22) for a market value equal to 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. The same duty as a Bond (No. 12) for the amount of the further charge secured by such instrument. 9[31. Gift - Instrument of, not being a settlement (No. 52) or Will or Transfer (No. 56). The same duty as a Conveyance (No. 22) on the market value of the property which is the subject matter of the gift.] 32. Indemnity Bond The same duty as Security Bond (No. 51) for the same amount. 33. Lease, including an under-lease or sublease and any agreement to let or sub-let or any renewal of lease - (a) whereby such lease the rent is fixed and no premium is paid or delivered- (i) where the lease purports to be for a term less than one year; The same duty as a Bond (No. 12) for the whole amount payable or deliverable under such lease. (ii) where the lease purports to be for a term of not less than one year but not exceeding five years; The same duty as a Bond (No. 12) for the amount of average annual rent reserved. (iii) where the lease purports to be for a term exceeding five years but not exceeding ten years; The same duty as a Conveyance (No. 22) for a market value equal to the amount or value of one and half times the average annual rent reserved. (iv) where the lease purports to be for a term exceeding ten years but not exceeding twenty years; The same duty as a Conveyance (No. 22) for a market value equal to three times the amount or value of the average annual rent reserved. (v) where the lease purports to be for a term exceeding twenty years but not exceeding thirty years; The same duty as a Conveyance (No. 22) for a market value equal to five times the amount or value of the average annual rent reserved. (vi) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for a definite period The same duty as a Conveyance (No. 22) on amount equal to the market value of the property. (b) When the lease is granted for a fine or premium or for money advanced or to be advanced and where no rent is fixed. The same duty as a Conveyance (No. 22) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease: Provided that when the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for a definite period, the duty on such lease shall be chargeable as a conveyance (No. 22) on the market value of the property leased. (c) Where the lease is granted for a fine or premium or for money advanced or to be advanced in addition to rent fixed. The same duty as a Conveyance (No. 22) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance has been paid or delivered: Provided that where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for a definite period, the duty on such lease shall be chargeable as a conveyance (No. 22) on the market value of the property leased: Provided also that:-- (a) when an instrument of agreement to lease is stamped with the advalorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one hundred rupees. (b) where a decree or final order of any Civil Court in respect of a lease is stamped with advalorem duty required for a lease and instrument of lease 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 hundred rupees. (c) an agreement to lease where the right to collect tolls is given in lieu of the amount spent by the lessee in construction of roads, bridge etc. under the Build, Operate and Transfer (B.O.T.) scheme, shall be chargeable at the rate of two per cent on the amount likely to be spent under the agreement by the lessee. Explanation - When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord's share of cesses or the owners share of municipal rates or taxes which is by law recoverable from the less or, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. Exemption - Lease executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. 34. 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. Two rupees. 35. Letter of Guarantee. Two hundred fifty rupees. 36. Letter of Licence, that is to say, any agreement between a debtor and his creditors that the later shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. Five hundred rupees. 37. Memorandum of Association of a company:- (a) If accompanied by Articles of Association under section 26 of the Companies Act, 1956 (1 of 1956). Five hundred rupees. (b) If not so accompanied. The same duty as is chargeable on Articles of Association under Article 10, according to the share capital of the Company. Exemption:- Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (1 of 1956). 38. Mortgage deed, not being an agreement relating to the deposit of Title Deeds, Pawn, Pledge or hypothecation (No.6), Bottomry Bond (No. 13), Mortgage of a crop (No. 39), Respondentia Bond (No. 50), or a Security Bond (No. 51):- (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as a Conveyance (No. 22) for a market value equal to the amount secured by such deed. (b) when possession is not given or agreed to be given as aforesaid; The same duty as a Bond (No. 12) for the amount secured by such deed. Explanation - A mortgagor, who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article; (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- One hundred rupees. Exemptions:- Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists' Loans Act, 1884 (12 of 1884), or by their sureties as security for the repayment of such advances. 39. 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. Two rupees. 40. Notarial act, that is to say any instrument, endorsement, note, attestation, certificate or entry not being a Protest (No.46) 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. Ten rupees. 41. 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. (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 delivery-based transaction.] (c) of a Government security One rupee for every rupee 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 one thousand rupees. Exemption:- Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal or a Government Security or a share, scrip, stock bond, debenture, debenture-stock or other marketable security of like nature in or of any incorporated company or other body corporate, an entry relating to which is required to be made in clearance lists described in clauses (a) and (b) of article 20. 42. Note of Protest, by the Master of ship. Ten rupees. 43. Partition - Instrument of The same duty as a Bond (No. 12) for the amount of 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 shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated: Provided that:-- (a) 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 hundred rupees. (b) where the instrument relates to the partition of agricultural land exclusively, the market value for the purpose of duty shall be calculated at hundred times the annual land revenue. (c) 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 exceed one hundred rupees. 44. 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. One thousand rupees. (b) where such share of contribution is in excess of Rs. 50,000. Two percent of the shares contributed, subject to a maximum of rupees five thousand. 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. The same duty as a conveyance (No. 22) on the market value of such property. (b) In any other case. Two hundred fifty rupees. 45. 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, including a power of attorney executed for procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents. Fifty rupees. (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. One hundred rupees. (c) when given for consideration and authorising the agent to sell any immovable property. The same duty as a conveyance (No. 22) 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) for a period not exceeding one year from the date of its execution. [One Thousand rupees] (ii) for a period exceeding one year from the date of its execution or when it is irrevocable or when it does not purport to be for any definite term. The same duty as a conveyance (No. 22) on the market value of the property.] (e) in any other case; Fifty rupees for each person authorised. Explanation I - For the purpose of this article, more person than one when belonging to the same firm shall be deemed to be one person. Explanation II - The term 'registration' includes every operation incidental to registration under the Registration Act, 1908 (16 of 1908). 46. 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. Ten rupees. 47. 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. Ten rupees. 48. Reconveyance of Mortgaged property.- Two hundred rupees. 49. Release, that is to say, any instrument (not being such release as is provided for by section 23-A) whereby a person renounces a claim upon another person or against any specified property. The same duty as a Bond (No. 12) on the consideration or market value of the share of the property over which the claim is relinquished, whichever is higher. 50. 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. 12) for the amount of the loan secured. 51. Security Bond or Mortgage deed, where such security bond or mortgage deed is executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, 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 (7 of 1870). Two hundred and fifty rupees. Exemptions - Bond or other instrument, when executed- (a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; (b) by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist's Loans Act, 1884 (12 of 1884), or by their sureties as security for the repayment of such advances. (c) by officers of the Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof. 52. Settlement:- A. Instrument of (including a deed of dower) The same duty as a Bond (No. 12) on the amount of market value of the property settled: Provided that, 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 exceed one hundred rupees. Exemption - Deed of dower executed on the occasion of a marriage between Mohammedans, whether the deed was executed before or after the marriage. B. Revocation of. One hundred rupees. 53. Share Warrants, to bearer issued under the Companies Act, 1956 (1 of 1956). One and half times the duty payable on a Conveyance (No. 22), for a market value equal to the nominal amount of the shares specified in the warrant. Exemptions - Share warrant when issued by a Company in pursuance of the Companies Act, 1956 (1 of 1956) section 114, to . have effect only upon payment as composition for that duty to the Collector of Stamp-revenue, of - (a) one and a half per centum of the whole subscribed capital of the company, or (b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital- one and half per centum of the additional capital so issued. 54. Shipping order, for or relating to the conveyance of goods on board of any vessel. Two rupees. 55. Surrender of lease One hundred rupees. Exemption - Surrender of lease, when such lease is exempted from duty. 56. Transfer, (a) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8; Fifty paise for every hundred rupees or part thereof of the consideration amount of debentures. (b) of any interest secured by a bond, mortgage deed or policy of insurance; The same duty as a Bond (No. 12) for such amount or value of the interest subject to a maximum of one hundred rupees. (c) of any property under section 22 of the Administrator General Act, 1963 (45 of 1963). One hundred rupees. (d) of any trust property without consideration from one trustee to another trustee or from a trustee to a beneficiary. Two hundred rupees. Exemptions - Transfer by endorsement:- (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. 57. Transfer of lease, by way of assignment and not by way of under-lease. The same duty as a conveyance (No. 22) on the market value of the property which is the subject matter of transfer.
Explanation - In case of assignment of a mining lease, the market value shall be equal to the amount or value calculated under Article 33 (a) depending upon the period of the lease assigned!
Exemption - Transfer of any lease exempt from duty. 58. 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; The same duty as a Bond (No. 12) on the market value of the property settled. (b) in any other case; Five hundred rupees. B. Revocation of - of, or concerning, any property when made by any instrument other than a Will. Two hundred and fifty rupees. 59. 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 tin behalf of the person in whose custody such goods may be. Two rupees". Inserted by Indian Stamp (Madhya Pradesh Amendment) Act, 2015↩
-
Substituted by Indian Stamp (Madhya Pradesh Amendment) Act, 2015, the previous text was below:-
↩"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." Inserted by the Indian Stamp (Madhya Pradesh Amendment) Act, 2017↩
Please See Notification dated 02.01.2015 and 03.07.2017 for reduction/remission of stamp duty↩
Substituted by the Indian Stamp (M.P. Amendment) Act, 2016 (No. 30 of 2017) for "sister" (w.e.f. 23.10.2017).Published in M.P. Rajpatra (Asadharan) dated 23rd October, 2017 at pages 1152(6-11)↩
-
Substituted by Indian Stamp (Madhya Pradesh Amendment) Act, 2015, the previous text was below:-
↩"38. Lease, including an under-lease, or sub-lease and any agreement to let or sub-let or any renewal of lease- (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. 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- 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. 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." Inserted by Indian Stamp (Madhya Pradesh Amendment) Act, 2015↩
Substituted by the Indian Stamp (M.P. Amendment) Act, 2016 (No. 30 of 2017) for "sister" (w.e.f. 23.10.2017).Published in M.P. Rajpatra (Asadharan) dated 23rd October, 2017 at pages 1152(6-11)↩
Substituted by the Indian Stamp (M.P. Amendment) Act, 2016 (No. 30 of 2017) for "sister" (w.e.f. 23.10.2017).Published in M.P. Rajpatra (Asadharan) dated 23rd October, 2017 at pages 1152(6-11)↩
Substituted by the Indian Stamp (M.P. Amendment) Act, 2016 (No. 30 of 2017) for "sister" (w.e.f. 23.10.2017).Published in M.P. Rajpatra (Asadharan) dated 23rd October, 2017 at pages 1152(6-11)↩
Substituted by the Indian Stamp (M.P. Amendment) Act, 2016 (No. 30 of 2017) for "sister" (w.e.f. 23.10.2017).Published in M.P. Rajpatra (Asadharan) dated 23rd October, 2017 at pages 1152(6-11)↩
Inserted by the Indian Stamp (Madhya Pradesh Amendment) Act, 2017↩
