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  • Section 2 - Definitions
  • Section - 3A.
  • Section 8 - Bonds debentures or other securities issued on loans under Act 11 of 1879
  • Section 9 - Power to reduce, remit or compound duties
  • Section 27 - Facts affecting duty to be set forth in instrument
  • Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped
  • Section 48 - Recovery of duties and penalties
  • Section 57 - Statement of case by Chief Controlling Revenue-authority to High Court
  • Section 76 - Publication of rules
  • [82]Section 76A - Delegation of certain powers
  • Section 79 - [Repealed]
  • Schedule Punjab - Schedule-I
  • Schedule Punjab - SCHEDULE IA
  • Schedule Punjab - SCHEDULE IB
  • Schedule Punjab - SCHEDULE IC

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INDIAN STAMP ACT, 1899 (PUNJAB AMENDMENT)

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INDIAN STAMP ACT, 1899 (PUNJAB AMENDMENT)

 

Section 2 - Definitions

In this Act, unless there is something repugnant in the subject or context, -

(1)     [1]["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;]

(2)     "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;

(3)     "Bill of exchange payable on demand" includes-

(a)      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;

(b)      an order for the payment of any sum of money weekly, monthly, or at any other stated period; and

(c)      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;

(4)     "Bill of lading" includes a "through bill lading", but does not include a mate's receipt;

(5)     "Bond" includes [2][but does not include a debenture]-

(a)      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;

(b)      any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and

(c)      any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another;

(6)     "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 [3][India] when such instrument was executed or, where several persons executed the instrument at different times, first executed;

(7)     "Cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand;

[4][(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;]

(8)     [5][***]

(9)     "Collector"-

(a)      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

(b)      includes a Deputy Commissioner and any officer whom [6][the [7][State Government]] may, by notification in the Official Gazette, appoint in this behalf;

(10)   [8]["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.

[9][(10A) "debenture" includes--

(i)       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;

(ii)      bonds in the nature of debenture issued by any incorporated company or body corporate;

(iii)     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;

(iv)    securitised debt instruments; and

(v)      any other debt instruments specified by the Securities and Exchange Board of India from time to time;

(10B) "depository" includes--

(a)      a depository as defined in clause (e) of sub-section (1) of  section 2 of the Depositories Act, 1996 (22 of 1996); and

(b)      any other entity declared by the Central Government, by notification in the Official Gazette, to be a depository for the purposes of this Act;]

(11)   "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 [10][India];

(12)   "Executed" and "execution" used with reference to instruments mean "signed" and "signature" [11][and includes attribution of electronic record within the meaning of section 11 of the Information Technology Act, 2000 (21 of 2000)];

[12][***]

(13)   "Impressed stamp" includes-

(a)      labels affixed and impressed by the proper officer; and

(b)      stamps embossed or engraved on stamped paper

[13][(13A) "India" means the territory of India excluding the State of Jammu and Kashmir ;]

(14)   [14]["instrument" includes--

(a)      every document, by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded;

(b)      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

(c)      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;]

(15)   "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 [15][and a memorandum regarding past partition;]

[16][(15A) "issuer" means any person making an issue of securities;]

(16)   "Lease" means a lease of immovable property and includes also-

(a)      a patta;

(b)      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;

(c)      any instrument by which tolls of any description are let;

(d)      any writing on an application for a lease intended to signify that the application is granted:

[17][(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--

(a)      any security is traded in a stock exchange, means the price at which it is so traded;

(b)      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;

(c)      any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument;]

(17)   "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;

(18)   "Paper" includes vellum, parchment or any other material on which an instrument may be written;

(19)   "Policy of insurance" includes-

(a)      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;

(b)      a life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance;[18][***]

[19][***]

[20][(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 ;]

(20)   "Policy of sea-insurance" or "sea-policy''-

(a)      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

(b)      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;

(21)   "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;

(22)   "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;

(23)   "Receipt" includes any note, memorandum or writing-

(a)      whereby any money or any bill of exchange cheque or promissory note is acknowledged to have been received, or

(b)      whereby any other moveable property is acknowledged to have been received in satisfaction of a debt, or

(c)      where by any debt or demand, or any part of debt or demand, is acknowledged to have been satisfied or discharged, or

(d)      which signifies or imports any such acknowledgement, and whether the same is or is not signed with the name of any person; [21][***]

[22][(23A) "securities" includes--

(i)       securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);

(ii)      a "derivative" as defined in clause (a) of section 45U of the Reserve Bank of India Act, 1934 (2 of 1934);

(iii)     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

(iv)    any other instrument declared by the Central Government, by notification in the Official Gazette, to be securities for the purposes of this Act;]

(24)   "Settlement" means any non-testamentary disposition, in writing, of moveable or immovable property made-

(a)      in consideration of marriage,

(b)      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

(c)      for any religious or charitable purpose;

and includes an agreement in writing to make such a disposition [23][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]; [24][***]

(25)   [25]["Soldier" includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act, 1911] [26][[27][***]]

(26)   [28]["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;

(27)   [29]["stock exchange" includes--

(i)       a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); and

(ii)      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

[PUNJAB

[30][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;".]

[31][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.]

[32][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.]

[33][(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 [34][or by Schedule I-B or Schedule 1-C], as the case may be;

Section - 3A.

(1)     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.

(2)     The rate of Stamp Surcharge shall be Twenty-five paise per instrument.

(3)     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.

(4)     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."]

PUNJAB

[35][After Section 3 After section 3-B, the following section shall be inserted, namely:--

"3-C. Instrument chargeable with additional duty

(1)     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.

(2)     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.

(3)     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,--

(1)     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.

(2)     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.]

[36][In the principal Act, section 3-C shall be omitted.]

(3)     [37][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).]

[38][3-B. Instruments chargeable with additional duty.--

(1)     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.

(2)     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.

(3)     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.]

[39][3-D. Instrument chargeable with additional duty.-

(1)     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.

(2)     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.

(3)     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.]

Section 8 - Bonds debentures or other securities issued on loans under Act 11 of 1879

(1)     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 [40][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.

(2)     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.

(3)     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 -

[41][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)      a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or

(b)      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,

(a)      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):

(b)      "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).]

[42][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.]

Section 9 - Power to reduce, remit or compound duties

(1)     [43][[44][The [45][***]Government;] may, by rule or order published in the Official Gazette,-

(a)      reduce or remit, whether prospectively or retrospectively, in the whole or any part of [46][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

(b)      provide for the composition or consolidation of duties [47][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) [48][or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.]

(2)     [49][In this section the expression "the Government" means,-

(a)      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 [50][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of sub-section (1).]

(b)      Save as aforesaid, the State Government.]

(c)      [51][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of Sub-section (1), the Central Government;]

STATE AMENDMENTS

[PUNJAB

[52][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.]

[53][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, [54][Schedule 1-B and Schedule 1-C] such reduction or remission may, by notification be granted by the State Government, and

Section 27 - Facts affecting duty to be set forth in instrument

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

PUNJAB

[55][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.";]

Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped

When any bill of exchange [56][or promissory note] chargeable [57][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 [58][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 [59][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 [60][or note].

[STATE AMENDMENTS

[PUNJAB

[61][After Section 47 The following section shall be inserted, namely:--

"47-A. Instruments under valued how to be dealt with.

(1)     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.

 

(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, shall be payable by the person liable to pay the duty.

 

(3)     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.

 

(4)     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.".]

[62][After Section 47

(i)       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

(ii)      in sub-section (4), for the words "District Judge", the word "Commissioner" shall be substituted.]

[63][After Section 47 in section 47-A,--

(i)       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

(ii)      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, alongwith 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.".]

[64][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,".]

Section 48 - Recovery of duties and penalties

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

PUNJAB

[65][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.]

Section 57 - Statement of case by Chief Controlling Revenue-authority to High Court

(1)     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,--

(a)      [66][if it arises in a State to the High Court for that State;

 

(b)      [67][if it arises in the Union territory of Delhi, to the High Court of Delhi;]

(bb) [68][***]

(c)      [69][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;)]

(d)      if it arises in the Union territory of the Andaman and NicobarIslands, to the High Court at Calcutta ; [70][***]

(e)      if it arises in the Union territory of the [71][Lakshadweep],to the High Court of Kerala;]

[72][(ee) if it arises in the Union territory of Chandigarh, to the High Court of Punjab and Haryana;][73]

(f)       [74][if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay;]

(2)     Every such case shall be decided by not less than three Judges of the High Court [75][***] to which it is referred, and in case of difference the opinion of the majority shall prevail.

STATE AMENDMENTS

PUNJAB

[76][(b)if it arises in the Union territory of Delhi to the High Court of Delhi;]

[77] [(f) if it arises in the Union Territory of Dadra and Nagar Haveli, to the High Court of Bombay.]

Section 76 - Publication of rules

 

(1)     [78][All rules made under this Act shall be published in the Official Gazette.]

(2)     All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.

[79][(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.]

(3)     [80][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 -

[81][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.] 

[82]Section 76A - Delegation of certain powers

[83][[84]*** The State Government, may, by notification in the Official Gazette], delegate--

(a)      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

(b)      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

PUNJAB

76-A. Delegation of certain powers.

The State Government may, by notification in the Official Gazette]3, delegate][85]

(a)      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

(b)      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.

Section 79 - [Repealed]

Repealed by the repealing and Amending Act, 1914, Section 3 and Schedule II.

STATE AMENDMENTS

PUNJAB

[86][Section 79 Omitted.]

Schedule Punjab - Schedule-I

 

SCHEDULE-I

(See Section 3)

Description of Instrument

Proper Stamp Duty

1. Acknowledgment 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 acknowledgment 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 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 -

 

(a) as a condition of Enrollment under the [Indian Army Act, 1950], or the [Indian Air Force Act, 1950]

 

(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.

 

[87][5. Agreement or Memorandum of an Agreement -

 

(a) if relating to the sale of a bill of exchange;

Two Annas

(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 twenty three 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;

 

(c) [Omitted by Act of 1950]

 

Agreement to lease - See Lease (No.35)

 

[88][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 payable on demand or in 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.

Exemptions

 

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 suit -

 

(a) where 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 landlord as rent.

 

9. Apprenticeship-Deed, including every writing relating to the serving 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], 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

Exemptions

 

Article of any Association not formed for profit and registered under section 26 of the Indian Companies Act, 1956.

 

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 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 [89][as defined by Section 2(2)] not being a Bond, bank-noto or currency note :-

[90][Entry (a) omitted by Act 5 of 1927, Section 5]

 

(b) where payable otherwise than one 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.

[91][Thirty paise].

if it exceeds Rs. 500 but does not exceed Rs. 1000.

[92][Sixty paise].

and for every additional Rs. 100 or part thereof in excess of Rs. 1000.

[93][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.

[94][Sixty paise]

if it exceeds Rs. 500 but does not exceed Rs. 1,000,

[95][One rupee twenty paise]

and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000.

[96][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,

[97][Ninety paise].

if it exceeds Rs. 500 but does not exceed Rs. 1000,

[98][One rupee eighty paise].

and for every additional Rs. 1000 or part thereof in excess of Rs. 1,000.

[99][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.

[100][One rupee twenty-five paise].

If it exceeds Rs. 500 but does not exceed Rs. 1,000

[101][Two rupees fifty paise]

and for every additional Rs. 1,000 or part thereof in excess of Rs. 1000.

[102][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,

[103][Two rupees fifty paise].

if it exceeds Rs. 500 but does not exceed Rs. 1000,

[104][Five rupees].

and for every additional Rs. 1,000 or part thereof in excess of Rs. 1000

[105][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, S. 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 Article 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 Tab.e :- S.O. 130(E), dated 28.1.2004, published in the Gazette of India, Ext., Pt. II, S. 3(ii), Sl. No. 108, dated 28.1.2004.

 

14. Bill of Lading (including a through bill of lading).

N.B. - If a bill of lading is drawn in parts, the proper stamp therefor must be borne by each one of the set.

[106][One rupees]

Exemptions

 

(a) Bill of lading when the goods therein described are received at a place within the limits of any part 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-,

 

 

where the amount of 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), (Ben. 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 subscription to 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 sea going ship borrows money on a 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. 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;

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 of other document evidencing the right or title of the holder thereof, or any other person, either to any shares, scripts or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scripts or stock in or of any such company or body. See also Letter of Allotment of Shares (No. 36).

[107][Two annas.]

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

 

21. [Omitted by Act 5 of 1927, Section 5]

One rupee.

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 of 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 exceed

Rs. 100 One rupee.

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. 1000

Five rupees

 

Exemptions

 

(a) Assignment of copyright by entry made under the [Indian Copyright Act, 1847 (20 of 1847) Section 5.]

 

[108][(b) for the purpose of this article, the portion of duty paid in respect of a document falling under Article No. 23-A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction under this article.]

 

 

 

Co-partnership-Deed - See partnership (No. 46)

 

23-A. [Conveyance in the Nature of Part Performance. - Contracts for the transfer of immovable property in the nature of part performance under Section 53-A of the Transfer of Property Act, 1882.]

[Ninety per cent. of the duty as a Conveyance (No. 23).]

Co-partnership-Deed - See partnership (No. 46)

 

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 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.

 

(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;

Same duty as payable on the original

(b) in any other case.

One rupee.

Exemptions

 

Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.

 

26. Customs-Bonds -

 

(a) where the amount does not exceed Rs. 1,000

The same duty as is payable on the original

(b) in any other case.

Five rupees.

27. Debenture (whether a mortgage debenture or not), being a marketable security transferable -

 

(a) by endorsement or by separate instrument of transfer -

 

 

where the amount or value does not exceed Rs. 10;

[109][Ten paise].

where it exceeds Rs. 10 and does not exceed Rs. 50

[110][Twenty paise].

Ditto

50

ditto

100

[111][Thirty-five paise].

Ditto

100

ditto

200

[112][Seventy-five paise].

Ditto

200

ditto

300

[113][One rupee ten paise].

Ditto

300

ditto

400

[114][One rupee fifty paise].

Ditto

400

ditto

500

[115][One rupee eighty-five paise].

Ditto

500

ditto

600

[116][Two rupees twenty-five paise].

Ditto

600

ditto

700

[117][Two rupees sixty paise].

Ditto

700

ditto

800

[118][Three rupees].

Ditto

800

ditto

900

[119][Three rupees forty paise].

Ditto

900

ditto

1000

[120][Three rupees seventy-five paise] .

and for every Rs. 500 or part thereof in excess of Rs. 1,000.

[121][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

[122][Thirty-five paise] .

where it exceeds Rs. 50 but does not exceed Rs. 100

[123][Seventy-five paise] .

Ditto

100

ditto

200

[124][One rupee fifty paise].

Ditto

200

ditto

300

[125][Two rupees twenty-five paise].

Ditto

300

ditto

400

[126][Three rupees].

Ditto

400

ditto

500

[127][Three rupees seventy-five paise].

Ditto

500

ditto

600

[128][Four rupees fifty paise].

Ditto

600

ditto

700

[129][Five rupees twenty-five paise].

Ditto

700

ditto

800

[130][Six rupees].

Ditto

800

ditto

900

[131][Six rupees seventy-five paise].

Ditto

900

ditto

1000

[132][Seven rupees fifty paise].

and for every Rs. 500 or part thereof in excess of Rs. 1000.

[133][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.

Exemptions

 

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.

 

Declaration of any Trust. See Trust (No. 64).

 

[134][27-A. Decree, Rule or a Court or an Order of a Court based on mutual consent of parties in case involving transfer of an immovable property including sale, exchange gift or mortgage, declaring or conferring a right in or title to an immovable property.

Two percent of the value of the property.

Explanation: Value, in this Article, means valuation table as notified by the Collector or where valuation table is not available, the average sale price of a property of similar nature in the same revenue estate or locality in the preceding year as may be determined by the Collector.]

 

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.

One Anna

Deposit of title deeds. [135][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 the 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 any Attorney

Two hundred and fifty rupees.

Exemptions

 

Entry of an Advocate, Vakil or Attorney on the roll of any High Court, when he has previously been enrolled in High Court.

 

[The entry relating to 'Equitable Mortgage' Omitted by Act 15 of 1904]

31. Exchange of Property, Instrument of 

Extract - See Copy (No. 24)

The same duty as a conveyances (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 day 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 descriptions 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.

Inspector ship-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 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 or 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 advance and where no rent is received;

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 eight annas.

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) [136] [Omitted by the Act of 1937.]

 

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).

[137][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.

[138][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 section 37 of the [Indian Companies Act, 1882 (6 of 1882)] 

Fifteen rupees.

(b) if not so accompanied

Forty rupees.

Exemptions

 

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 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 [139][***] possession is not given or agreed to be given as aforesaid

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 a possession within the meaning of this Article.

The same duty as a Bond (No. 15) for the amount secured by such deed

(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

 

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 re-payment of such advances.

 

(2) Letter of hypothecation accompanying a bill of exchange.

[140][(3)]

 

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;

One anna

and for every Rs. 200 or part thereof secured in excess of Rs. 200;

One anna

(b) when the loan is repayable in more than three months, but not more than eighteen months, from the date of the instrument -

 

for every sum secured not exceeding Rs. 100;

[141][Two annas.]

and for every Rs. 100 or part thereof secured in excess of Rs. 100.

[142][Two annas.]

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.

One rupee.

See also Protest of Bill or Note (No. 50)

 

43. Note on 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;[143]

Subject to maximum of ten rupees, one anna for every Rs. 10,000 or part thereof 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).

Order for the Payment of Money.

See Bill of Exchange (No. 13).

Eight annas.

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 orders or award is subsequently excuted the duty on such instrument shall not exceed eight annas.

46. Partnership -

 

A-Insturment of-

 

(a) where the capital of the partnership does not exceed Rs. 5000;

Two rupees eight annas.

(b) in any other case

Ten rupees.

B-Dissolution of-

 

[144][Pawn or Pledge-see agreement relating to Deposit of Title Deeds, Pawn or Pledge (No.6)]

Five rupees.

 

47. Policy of Insurance

 

 

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 [145][***] one-eight per centum of the amount insured by the policy;

[146][Five paise]

[147][Five paise]

(ii) in any other case, in respect of every full sum of [148][ one thousand five hundred rupees] and also any fractional part of [149][ one thousand hundred rupees] insured by the policy;

[150][Five paise]

[151][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.

[152][Ten paise]

[153][Five paise]

Where the insurance shall be made for any time exceeding six months and not exceeding twelve months.

[154][Ten paise]

[155][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 any original policy -

 

(i) when the sum insured does not exceed Rs. 5,000;

[156][Twenty-five paise].

(ii) in any other case.

[157][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.

[158][Five paise]

Exemption

 

When issued to a passenger travelling by the intermediate or the third class in any railways ;

 

(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.

[159][Ten paise]:

Provided that in case of a policy of insruance against death by accident when the annual premium payable does not exceed [160][ Rs. 2.50] per Rs. 1,000, the duty on such instrument shall be [161][five paise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it.][162]

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.

[163][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;

[164][Ten paise]

[165][Five paise]

(ii) for every sum insured not exceeding Rs. 250 but not exceeding Rs. 500

[166][Ten paise.]

[167][Five paise]

(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1000 and also for every Rs. 1,000, or part in excess of Rs. 1,000.

[168][Twenty paise.]

[169][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.[170]

 

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.[171]

 

E. - Re-Insurance by an Instrument Company, which has granted a Policy [ of the nature specified in Division A or Division B of this Article][172] with another company by way of indemnity or guarantee against the payment of 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 [173] [five paise] or more than [174] [fifty paise]:

Provided that if the total amount of duty payable is not a multiple of [175] [five paise], the total amount shall be rounded off to the next higher multiple of [176] [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 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;

Eight annas.

(b) when required in suits or proceedings under 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 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 other Conveyance (No. 23) for the amount of consideration.

(g) in any other case

One rupee for each person authorized.

 

N.B.- The term 'registration' includes every operation incidental to registration under the [Indian Registration Act, 1877 (3 of 1877)].

Exemption

 

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, [177] [as defined by section 2(22)]-

 

(a) when payable on demand

 

(i) when the amount or value does not exceed Rs. 250;

[178][Five paise].

(ii) When the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000;

[179][Ten paise].

(iii) in any other case.

[180][Fifteen paise].

(b) when payable otherwise than on demand

The same duty as a Bill of Exchange (No. 13) for the same amount payable otherwise than on demand.[181]

50. Protest of Bill or Note, that is to say any declaration in writing made by 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 or 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 characterers 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 boarder 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.

[182][Fifteen paise]

53. Receipt [183][as defined by section 2(23)] for any money or other property the amount or value of which exceeds [five thousand rupees].

[184][One rupee]

Exemptions

 

Receipt -

 

(a) endorsed on or contained in any Instrument duly stamped [185][ 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 therein expressed, or the receipt of any principal-money, interest of 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 [186][ in the State of Madras, Bombay and Andhra] [ (as they existed immediately before the 1st November, 1956) of Inam lands][187] ;

 

(d) for pay or allowances by non-commissioned [188][ or petty] officers, [189][ soldiers, [190][ sailors or airmen of [191][ the Indian] military, [192][ naval or air forces][193], 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 [194][ or petty officer, [195][ soldier, sailor or airman][196] of any of the said forces, and serving in such capacity;

 

(f) for pensions or allowances by person receiving such pensions or allowances in respect of their service as such non-commissioned [197][ or petty] officers, soldiers, [198][sailors], or airmen][199], and not serving the Government in any other capacity;

 

(g) given by a headman or lambardar for land revenue of taxes collected by him;

 

(h) given for money or securities for money deposited in the hands of any banker, 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 receipt 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.

See also Policy of Insurance [200](No. 47-B (2)]. B(2)] [201][One rupee]

 

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 conveyances (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 (Not being such a release as is provided for by section 23-A)][202] 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 Bottomry Bond (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 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 headman nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Beng. Act 3 of 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 subscription 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 [203][ State Government.]

 

(d) executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists' Loan Act, 1884 (12 of 1884), or by their sureties, as security for the repayment of such advances;

 

(e) executed by officers of [ the [ Government[204]][205]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.

Exemptions

 

Deed of dower executed on the occasion of a marriage between Muhammadans.

[206][(Omitted by the Act of 1932)].

 

B - Revocation of-

The same duty as a Bond (No. 15) for a sum equal to the amount or value of a 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)] .

[207][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 [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) [208][ one-and-half] per centum of the whole subscribed capital of the company; or

 

(b) if any company which has paid the duty or composition in full subsequently issues an addition to its subscribed capital, [209][one-and-half] per centum of the additional capital so issued.

 

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.

Exemptions

 

Surrender of lease, when such lease is exempted from duty.

 

62. Transfer (whether with or without consideration)-

 

[210][(a) of shares in an incorporated company or other body corporate;]

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, 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 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 -

(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.][211]

[212][Twenty-five paise for every hundred rupees or part thereof of the value of the share :]

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

[213][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 such bond, mortgage-deed or policy of insurance is chargeable.

(ii) in any other case.

Five rupees.

(d) for any property under the Administrator-General's Act 1874 (2 of 1874), Section 3;

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, 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 consideration equal to the amount of the consideration for the transfer.

Exemptions

 

Transfer of any lease exempt from duty.

 

[214][63A. Transfer of Right or interest relating to an immovable property, that is to say, transfer of a right or interest relating to an immovable property or an acknowledgement of such transfer, by a development authority, housing society, company or a developer and every instrument by which a right or interest relating to an immovable property is being transferred registered, recorded or acknowledged by the authority, body, society, company or developer.

Two percent of the value of the property.]

EXPLANATION.? Transfer of the right or interest under this Article includes transfer of such a right or interest from one person to another person.

 

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

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.

See also Settlement (No. 58).

 

Valuation. - See Appraisement (No. 8)

 

Vakil. - See Entry as 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.

 

 

Schedule Punjab - SCHEDULE IA

 

 

Schedule I-A[215]

For Punjab

As amended by Punjab Act No. 14 of 2001

[Note.-The articles in Schedule I-A are numbered so as to correspond with similar articles in Schedule I.]

 

Description of instrument

Proper Stamp-duty

 

[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.][216]

[Fifty rupees][217]

 

2.

ADMINISTRATION BOND, including a bond given under Section 6 of the Government Saving Bank Act, 1878, or Sections 291, 375 and 376 of the Indian Succession Act, 1925:-

(a) When the amount does not exceed Rs. 1,000

The same duty as a Bond (No. 15) for such amount.

 

 

(b) in any other case

[218][One hundred 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.

[219][One thousand rupees]

 

 

ADVOCATE-See Entry as an Advocate (No. 80) ?

 

 

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-

(a) As a condition of Enrolment under the Indian Army Act, 1950, or the Air Force Act, 1950;

(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.

 [220][Fifty rupees]

 

[5.

AGREEMENT OF MEMORANDUM OF AN AGREEMENT-][221]

 

 

 

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

[222][One thousand rupees]

 

 

(b) if relating to the sale of a Government security or share in an incorporated company or other body corporate.

[223][One hundred rupees] for every ten thousand or part thereof, of the value of the security or share.

 

 

(c) if relating to the sale of immovable property

[224][Four thousand rupees]

 

 

[(cc) in the case of agreement to sell followed by or evidencing delivery of possession of the immovable property agreed to be sold;][225]

The same duty as is leviable under column 2 of entry No. 23 of this schedule, subject to the adjustment of duty chargeable at the time of execution of conveyance made in pursuance of such agreement; and

 

 

(d) if not otherwise provided for;

[226][One hundred rupees]

 

 

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;

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-][227] (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 moveable 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-

 

 

 

(i) when the amount of loan or debt does not exceed Rs. 200

One rupee.

 

 

(ii) when it exceeds Rs. 200, but does not exceed Rs. 400

Two rupees.

 

 

when it exceeds Rs. 400, but does not exceed Rs. 600

Two rupees.

 

 

when it exceeds Rs. 400, but does not exceed Rs. 800

Two rupees.

 

 

when it exceeds Rs. 800, but does not exceed Rs. 1,000

Three rupees.

 

 

when it exceeds Rs. 1,000, but does not exceed Rs. 1,200

Four rupees.

 

 

when it exceeds Rs. 1,200, but does not exceed Rs. 1,600

Five rupees.

 

 

when it exceeds Rs. 1,600, but does not exceed Rs. 2,500

Seven rupees.

 

 

when it exceeds Rs. 2,500, but does not exceed Rs. 5,000

Thirteen rupees.

 

 

when it exceeds Rs. 5000, but does not exceed Rs. 7,500

Nineteen rupees.

 

 

when it exceeds Rs. 7,500, but does not exceed Rs. 10,000

Twenty five rupees.

 

 

when it exceeds Rs. 10000, but does not exceed Rs. 15,000

Thirty eight rupees.

 

 

when it exceeds Rs. 15,000, but does not exceed Rs. 20,000

Fifty rupees.

 

 

when it exceeds Rs. 20,000, but does not exceed Rs. 25,000

Sixty-two rupees

 

 

when it exceeds Rs. 25,000, but does not exceed Rs. 30,000

Seventy seven rupees.

 

 

and for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000

Twenty five rupees.

 

 

(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 loan or debt under clause (a)(i) or clause (a) (ii) for the amount secured.

 

 

Exemption

Instrument of pawn or pledge of goods unattested.

 

 

[7.

APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property, moveable or immovable, where made by any writing not being a will.][228]

Thirty eight 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 Bottomry Bond (No. 16) for such amount.

 

 

(b) in any other case.

Fifteen 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)

As in Schedule I

 

 

Exemption

 

 

 

Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1850, or by which a person is apprenticed by, or at the charge of, any public charity

 

 

[10.

ARTICLES OF ASSOCIATION OF A COMPANY--][229]

 

 

 

(a) when the authorised capital of the company does not exceed one lac

[230][Ten thousand rupees]

 

 

(b) in other cases

[231][Twenty thousand rupees]

 

 

Exemption

 

 

 

Articles of any association not formed for profit and registered under Section 25 of the Companies Act, 1956.

See also Memorandum of Association of a Company (No. 39).

 

 

[11.

ARTICLES OF CLERKSHIP][232]ASSIGNMENT-See Entry as an Attorney (No. 23), Transfer (No. 62), and Transfer of Lease (No. 63), as the case may be.

As in Schedule I

 

 

ATTORNEY-See Entry as an Attorney (No. 30), and Power-of-Attorney (No. 48).

AUTHORITY TO ADOPT-See Adoption--deed (No. 3).

One thousand 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-

 

 

 

(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) if it exceeds Rs. 1,000 but does not exceed Rs. 5,000

Fifteen rupees.

 

 

and for every additional Rs. 1,000 or part thereof in excess Rs. 5,000

Two rupees subject to a maximum of one hundred and thirteen rupees.

 

13.

BILL OF EXCHANGE

As in Schedule I.

 

14.

BILL OF LADING (including a through bill of lading)

As in Schedule I.

 

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-

 

 

 

where the amount of value secured does not exceed Rs. 500

[233][Forty rupees]

 

 

where it exceeds Rs. 500 and does not exceed Rs. 1,000

[234][Eighty rupees]

 

 

and for every Rs. 500 or part thereof in exceed of Rs. 1,000;

[235][Forty rupees]

 

 

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).

 

 

 

Exemption

 

 

 

Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or to 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 sea-going ship borrows money on a security of the ship to enable him to preserve the ship or prosecute her voyage-

 

 

 

where the amount or value secured does not exceed Rs. 10

One rupee.

 

 

where it exceeds Rs. 10 and does not exceed Rs. 50

One rupee.

 

 

where it exceeds Rs. 50 and does not exceed Rs. 100

Two rupees.

 

 

where it exceeds Rs. 100 and does not exceed Rs. 200

Three rupees.

 

 

where it exceeds Rs. 200 and does not exceed Rs. 300

Four rupees.

 

 

where it exceeds Rs. 300 and does not exceed Rs. 400

Five rupees.

 

 

where it exceeds Rs. 400 and does not exceed Rs. 500

Six rupees.

 

 

where it exceeds Rs. 500 and does not exceed Rs. 600

Seven rupees.

 

 

where it exceeds Rs. 600 and does not exceed Rs. 700

Eight rupees.

 

 

where it exceeds Rs. 700 and does not exceed Rs. 800

Nine rupees.

 

 

where it exceeds Rs. 800 and does not exceed Rs. 900

Eleven rupees.

 

 

where it exceeds Rs. 900 and does not exceed Rs. 1,000

Twelve rupees.

 

 

and for every Rs. 500 or part thereof in excess of Rs. 1,000

Six rupees.

 

17.

CANCELLATION-Instrument of (including any installment 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)

[236][Six hundred 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-

The same duty as other Conveyance (No. 23) as levied by this Act, for a consideration 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, 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.

Ten rupees.

 

20.

CHARTER PARTY, that is to say, any installment (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

Fifteen rupees.

 

21.

[-][237]

 

 

22.

COMPOSITION-DEED, that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditor, 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 letter of licence, for the benefit of his creditors.

Thirty rupees

 

[238][23.

CONVEYANCE (as defined by section 2(10) not being a transfer charged or exempted under No. 62-]

Where conveyance amounts to sale of immovable property

Other conveyances

 

[where the value or amount of the consideration for such conveyance as set forth therein does not exceed Rs. 50

Two rupees and fifty paise

Two rupees

 

where it exceeds Rs. 50, but does not exceed Rs. 100..

Five rupees

Three rupees

 

where it exceed Rs. 100, but does not exceed Rs. 200..

Ten rupees

Six rupees

 

where it exceeds Rs. 200, but does not exceed Rs. 300...

Fifteen rupees

Nine rupees

 

where it exceeds Rs. 300, but does not exceed Rs. 400...

Twenty rupees

Twelve rupees

 

where it exceeds Rs. 400, but does not exceed Rs. 500...

Twenty-five rupees

Fifteen rupees

 

where it exceeds Rs. 500, but does not exceed Rs. 600...

Thirty rupees

Eighteen rupees

 

where it exceeds Rs. 600, but does not exceed Rs. 700...

Thirty five rupees

Twenty-one rupees

 

where it exceeds Rs. 700, but does not exceed Rs. 800...

Forty rupees

Twenty Four rupees

 

where it exceeds Rs. 800, but does not exceed Rs. 900...

Forty five rupees

Twenty-seven rupees

 

where it exceeds Rs. 900, but does not exceed Rs. 1,000

Fifty rupees

Thirty rupees

 

and for every Rs. 500 or part thereof in excess of Rs. 1,000

Twenty-five rupees

Fifteen rupees

  

Exemption

 

 

 

Assignment of copyright under the Copyright Act, 1957, section 18 CO-Partnership-Deed-See Partnership (No. 46)]

 

 

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

Five 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, 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 two rupees

Five rupees.

 

 

(b) in any other case not falling within the provision of section 6-A

Five rupees.

 

 

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.

 

 

(b) in any other case ][239]

[240][Eighty rupees]

 

27.

DEBENTURE (WHETHER A MORTGAGE DEBENTURE OR

NOT), being a marketable security transferable-

 

 

 

(a) by endorsement or by a separate instrument of transfer

As in Schedule I

 

 

(b) by delivery

As in Schedule I

 

 

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, duty 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 Bond (No. 15) and sections 8 and 55. Declaration of any Trust-See Trust (No. 64).

 

 

28.

DELIVERY ORDER IN RESPECT OF GOODS DEPOSIT OF TITLE-DEEDS,-See Agreement relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6)

Five rupees

 

 

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.

Dower, Instrument of-See Settlement (No. 58).

Thirty rupees.

 

 

Duplicate, See Counterpart (No. 25).

 

 

30.

ENTRY AS AN ADVOCATE, VAKIL, OR ATTORNEY ON THE ROLL OF THE 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

Seven hundred and fifty rupees

 

 

(b) in the case of an Attorney

Seven hundred and fifty rupees

 

 

Exemption

 

 

 

Entry of an Advocate, Vakil or Attorney on the roll of the High Court, when he has previously been enrolled in any other High Court.

 

 

31.

EXCHANGE OF PROPERTY, INSTRUMENT OF-EXTRACT-See Copy (No. 24)

The same duty as other Conveyances (No. 23) as levided by this Act 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 description referred to in clause (a) of Article No. 40 (that is, with possession),

The same duty as a mortgage-deed with possession (No. 40 (a) for the amount equal to the amount of the further charge secured by such instrument.

 

 

(b) when such mortgagee 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 mortgage-deed with possession (No. 40(a)) for the amount 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 of Transfer (No. 62).

The same duty as a Conveyance (No. 23) as levied by this Act 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).

 

 

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 five 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 exceeding five years and not exceeding ten years;

The same duty as a Conveyance (No. 23) as levied by this Act for a consideration 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) as levied by this Act for the consideration equal to 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) as levied by this Act for the consideration 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 hundred years

The same duty as a Conveyance (No. 23) as levied by this Act for a consideration 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 hundred years or in perpetuity;

The same duty as a Conveyance (No. 23) as levied by this Act, for a consideration equal in the case of a lease granted solely for agricultural purposes to 1/10th and in any other case to 1/6th 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), as levied by this Act, for a consideration equal to the 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), as levied by this Act, 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), as levied by this Act, 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 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 two rupees.][241]

 

 

Exemptions

 

 

 

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.

 

 

 

In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with a home stead or tank.

 

 

 

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.

 

 

36.

LETTER OF ALLOTMENT OF SHARES...

[242][Thirty rupees]

 

37.

LETTER OF CREDIT...

LETTER OF GUARANTEE-See Agreement (No. 5)

As in Schedule I.

 

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 direction.

Thirty rupees.

 

39.

MEMORANDUM OF ASSOCIATION OF A COMPANY-

 

 

 

(a) if accompanied by articles of association under sections 26, 27 and 28 of the Companies Act, 1956.

[243][Ten thousand rupees]

 

 

(b) if not so accompanied.

[244][Twenty thousand rupees]

 

 

Exemption

 

 

 

Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act, 1956.

 

 

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 or any part of the property comprised in such deed is given by the mortgagor or agreed to be given-

 

 

 

where the amount secured by such instrument does not exceed Rs. 50

Two rupees

 

 

where it exceeds Rs. 50, but does not exceed Rs. 100...

Four rupees

 

 

where it exceeds Rs. 100, but does not exceed Rs. 200...

Eight rupees

 

 

where it exceeds Rs. 200, but does not exceed Rs. 300...

Twelve rupees

 

 

where it exceeds Rs. 300, but does not exceed Rs. 400...

Sixteen rupees

 

 

where it exceeds Rs. 400, but does not exceed Rs. 500...

Twenty rupees

 

 

where it exceeds Rs. 500, but does not exceed Rs. 600...

Twenty Four rupees

 

 

where it exceeds Rs. 600, but does not exceed Rs. 700...

Twenty eight rupees

 

 

where it exceeds Rs. 700, but does not exceed Rs. 800...

Thirty two rupees

 

 

where it exceeds Rs. 800, but does not exceed Rs. 900...

Thirty six rupees

 

 

where it exceeds Rs. 900, but does not exceed Rs. 1000...

Forty rupees

 

 

and for every Rs. 500 or part thereof in excess of Rs. 1,000

Fifteen rupees]

 

 

(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].12

 

 

Explanation.-A mortgagor who gives to the mortgagee a power-of-attorney to collect rent 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...

Two rupees

 

 

and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000

Two rupees

 

 

Exemptions

 

 

 

Instruments 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, 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

One rupee

 

 

and for every Rs. 200 or part thereof secured in excess of Rs. 200;

One rupee

 

 

(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;

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, 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 Pubic

[245][Ninety rupees]

 

 

See also Protest of Bill or Note (No. 50).

 

 

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 OR PROTEST BY THE MASTER OF A SHIP.

As in Schedule I.

 

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 two 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 not more than five times the annual revenue;

 

 

 

(c) where a final order for effecting a partition passed by the Revenue-authority or any Civil Court, or an award by an arbitrator dire-ding 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 shad not exceed two rupees.

 

[46.

PARTNERSHIP-

 

 

 

A.-Instrument of-

 

 

 

(a) where the capital of the partnership does not exceed Rs. 500;

Four rupees

 

 

(b) In any other case..........

[246][Two thousand rupees]

 

 

B.-Dissolution of.........

 

 

 

[PAWN OR PLEDGE. See agreement relating to Deposit of Title-deeds. Pawn or Pledge (No. 6)][247]

[248][One Hundred rupees]

 

47.

POLICY OF INSURANCE

.... As in Schedule I

 

48.

POWER-OF ATTORNEY [as defined by Section 2(21), not being a 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;

[249][One thousand rupees]

 

 

(b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882;

[250][One thousand rupees]

 

 

(c) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a);

[251][Two thousand rupees]

 

 

(d) when authorising not more than five persons to act jointly and severally in more than one transaction or generally;

[252][Two thousand 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;

[253][Four thousand rupees]

 

 

[254][(f) When given to a person other than family member, authorising the attorney to sell any immovable property;

Note: 'Family member' includes spouse child, parent, sibling, grandparent and grandchild]

2% of the amount of the consideration, or of collector rate in respect of the property mentioned in the instrument, whichever is higher.

 

 

(g) in any other case

[255][Seven hundred rupees]

 

 

 

N.B.-The term "Registration" includes every operation, incidental to registration under the Indian Registration Act, 1908.

 

 

Explanation.-For the purposes of this articles more persons than one when belonging to the same firm shall be deemed to be one person.

The same duty as is leviable under column 2 of entry No. 23 of this Schedule, subject to the adjustment of duty chargeable at the time of execution of conveyance made in pursuance of such agreement.

 

49.

PROMISSORY NOTE

As in Schedule I

 

50.

PROTEST OF BILL OF 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.

Fifteen rupees

 

51.

PROTEST BY THEE MASTER OF A SHIP

... As in Schedule I

 

52.

PROXY

... As in Schedule I

 

53.

RECEIPT

... As in Schedule I

 

54.

RECONVEYANCE OF MORTGAGED PROPERTY-

Forty-five rupees

 

 

[(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000;][256]

The same duty as other Conveyance (No. 23) as levied by this Act for the amount of such consideration as set forth in the reconveyance.

 

 

(b) in any other case-

 

 

 

(i) In the reconveyance relates to immovable property situate within a Municipality, Cantonment Board, Notified Area or Small Town

Forty-five rupees

 

 

(ii) in other cases

Thirty 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 [257][Conveyance] for such amount or value as set forth in the Release.

 

 

(b) In any other case

[258][The same duty as a Conveyance for such amount or value 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 Bottomry Bond (No. 16) for the amount of the loan secured.

 

 

REVOCATION OF ANY TRUST OR SETTLEMENT. See Settlement (No. 58); Trust (No. 64).

 

 

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 (or the due discharge of a liability)

 

 

 

(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

[259][Eighty rupees]

 

 

Exemptions

 

 

 

Bond or other instrument, when executed-

 

 

 

(a) by any person for the purpose of guaranteeing that the local income derived from private subscription 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, or the Agricultural Loans Act, 1884, or by their sureties, as security for the repayment of such advances

 

 

 

(c) 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.

 

 

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.

 

 

Exemption

 

 

 

Deed of dower executed on the occasion of a marriage between Muhammadans.

 

 

 

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 [260][One hundred twenty rupees].

 

 

See also Trust (No. 64)

 

 

59.

SHARE WARRANTS to bearer issued under the Companies Act, 1956

One-and-a-half times the duty payable on a mortgage deed with possession (No. 40(a)) for the amount equal to the normal amount of the shares specified in the warrant.

 

 

Exemption

 

 

 

Share warrant when issued by a company in pursuance of the Companies Act, 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.

 

 

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.

 

 

(b) In any other case

Fifteen rupees

 

 

Exemptions

 

 

 

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;

As in Schedule I

 

 

(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 debenture (No. 27) 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;

The duty with which such bond, mortgaged deed or policy of insurance is chargeable subject to a maximum of five hundred rupees.

 

 

(d) of any property under the Administrator General's Act, 1918, Section 25;

Fifty rupees

 

 

(e) of any trust-property without consideration from one trustee to another trustee, or from a trustee to a beneficiary.

Fifty rupees

 

 

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.

 

 

 

[261][(f) by way of assignment of debt or securitization of loans.

0.1% of the amount, subject to a maximum of one lakh rupees.]

 

63.

TRANSFER OF LEASE by way of assignment and not by way of under-lease.

The same duty as other Conveyance (No. 23) as levied by this Act for a consideration equal to the amount of the consideration for the transfer.

 

 

Exemptions

 

 

 

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 instrument, but not exceeding [262][One hundred eighty rupees].

 

 

B.-Revocation of--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 forth in the instrument but not exceeding [263][One hundred twenty 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.

Five rupees

 

 

Schedule Punjab - SCHEDULE IB

 

 [264][***]

Schedule Punjab - SCHEDULE IC

 

 

Schedule I-C

Only For Punjab[265]

(See section 3-D)

Conveyance as defined in section 2(10), not being a transfer charged or exempted under entry No. 62

Where conveyance amounts to sale of immovable property

1

2

Where the value or amount of the consideration for such conveyance as set forth therein does not exceed Rs. 50;

Fifty paise

Where it exceeds Rs. 50, but does not exceed Rs. 100;

One rupee

Where it exceeds Rs. 100, but does not exceed Rs. 200;

Two rupees

Where it exceeds Rs. 200, but does not exceed Rs. 300;

Three rupees

Where it exceeds Rs. 300, but does not exceed Rs. 400;

Four rupees

Where it exceeds Rs. 400, but does not exceed Rs. 500;

Five rupee

Where it exceeds Rs. 500, but does not exceed Rs. 600;

Six rupees

Where it exceeds Rs. 600, but does not exceed Rs. 700;

Seven rupees

Where it exceeds Rs. 700, but does not exceed Rs. 800;

Eight rupees

Where it exceeds Rs. 800, but does not exceed Rs. 900;

Nine rupees

Where it exceeds Rs. 900, but does not exceed Rs. 1.000; and

Ten rupees

For every 500 or part thereof in excess of Rs. 1, 000.

Five rupees.".

 



[1] 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;"

[2] 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:-

[3] Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.

[4] 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:-

[5] Clause (8) omitted by the A.O. 1937.

[6] Substituted, by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956, for "the L.G."

[7] Substituted by the A.O. 1950, for "collecting Government".

[8] Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.

[9] 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:-

 

[10] Substituted by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.

[11] Clause (12A), Inserted by the A.O. 1937, omitted, ibid.

[12] Clause (12A), Inserted by the A.O. 1937, omitted, ibid.

[13] Inserted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.

[14] 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;""

[15] Inserted by Act 15 of 1904, Section 2.

[16] 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 ;]"

[17] 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 ;]"

[18] The word "and" and sub-Clause (c) omitted by Act 5 of 1906, Section 2.

[19] Substituted clause (c) and the word "and" prefixed thereto omitted by Act 5 of 1906, Section2.

[20] Inserted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.

[21] The word "and" omitted by Act 18 of 1928, Section 2 and Schedule 1.

[22] ?Inserted by Act 15 of 1904, Section 2.

[23] ?Inserted by Act 15 of 1904, Section 2.

[24] The word "and", omitted by Act 18 of 1928, Section 2 and Schedule 1, omitted by A.O. 1950.

[25] Inserted by Act 18 of 1928, Section 2 and Schedule I.

[26] . Now the Army Act, 1950 (46 of 1950).

[27] Clause (26), added by the A.O. 1950, omitted by Act 43 of 1955, Section 4 w.e.f. 1-4-1956.

[28] Inserted vide Finance (no.2) Act 2004.

[29] Inserted by the Finance Act, 2019, w.e.f. 01.07.2020.

[30] Inserted by Indian Stamp (Punjab Amendment) Act, 2001 (punjab).

[31] Substituted by Indian Stamp (Punjab Amendment) Act, 2005 (punjab).

[32] Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.

[33] Cl. (26) inserted by Act 23 of 2004, Section 117 (w.e.f. 10.9.2004).

[34] Substituted by Punjab Act No. 12 of 2013.

[35] Inserted by Indian Stamp (Punjab Amendment) Act, 2005 (punjab).

[36] Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.

[37] Inserted by Act 28 of 2005, Section 57 and Schedule

[38] Inserted by President Act 24 of 1971 in its application to the State of Punjab.

[39] ?Section 3-D inserted by Punjab Act No. 12 of 2013 w.e.f. 6.2.2013.

[40] Inserted by Act No. 37 of 2007.

[41] Inserted by Act No. 37 of 2007.

[42] Inserted by Act No. 37 of 2007.

[43] Section 9 re-numbered as sub-section (1) of that section by the A. O. 1950.

[44] Substituted by the A. O. 1937 for "The G. G. in C. "

[45] The word "collecting" omitted by the A. O. 1950.

[46] Substituted by the A. O. 1937 for "British India".

[47] Inserted vide Finance ( No.2) Act 2004

[48] Inserted by Act 32 of 1994 w. e. f. 13-5-1994.

[49] Inserted by the A.O. 1950.

[50] Substituted for the words "Seventh Schedule to the Constitution" by the Finance Act, 2006.

[51] Substituted by Act 21 of 2006.

[52] ?Inserted by Indian Stamp (Punjab Second Amendment) Act, 2016 (Act No. 10 of 2016) (Punjab).

[53] Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019.

[54] 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."

[55] Inserted by Indian Stamp (Punjab Amendment) Act, 1994 (Punjab).

[56] Substituted by Act 5 of 1927, Section 5, for "promissory note or cheque."

[57] Substituted by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.

[58] Substituted by Act 5 of 1927, Section 5, for note or cheque.

[59] Substituted by Act 5 of 1927, Section 5, for note or cheque.

[60] Substituted by Act 5 of 1927, Section 5, for note or cheque.

[61] Inserted by Indian Stamp (Punjab Amendment) Act, 1982 (punjab).

[62] Substituted by Indian Stamp (Punjab Amendment) Act, 2001 (punjab).

[63] Substituted by Indian Stamp (Punjab Amendment) Act, 2003 (punjab).

[64] Substituted by Indian Stamp (Punjab Amendment) Act, 1994 (Punjab).

[65] Substituted by Indian Stamp (Punjab Amendment) Act, 2003 (punjab).

[66] Substituted by the A.O. (No. 2), 1956, for the former clauses (a) to (g).

[67] Substituted by G.S.R. 1944, Gaz. Ex., Part II, Section 3(ii), Page578, dated 30-10-68.

[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).

[69] ?Substituted by G.S.R. 7(E), Pt. II, Section 3(i), dated 2-1-74.

[70] Omitted by regulation 6 of 1963, Section 2 and Schedule

[71] Substituted by G.S.R. 432, Gaz. Ex., Part II, Section 31, dt.21-10-1974, for "Laccadive, Minicoy and Admindivi Islands".

[72] Inserted by G.S.R. 1944, Gaz Ex., Part. II, Section 3(ii), Page 548,dated 30-10-68.

[73] Inserted by Regulation 6 of 1963, Section 2 and Schedule

[74] Inserted by Regulation 6 of 1963, s. 2 and the First Schedule.

[75] The words "Chief court or Judicial Commissioner's Court "omitted by the A.O. 1950.

[76] 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.).

[77] ?Inserted by Regulation 6 of 1963, Section 2 and Schedule.

[78] Substituted by the A.O. 1937, for the original sub-section

[79] Inserted by the Finance Act, 2019, w.e.f. 01.07.2020

[80] Inserted by Act 4 of 2005, Section 2 and Schedule

[81] Inserted by Act 4 of 2005, Section 2 and Sch. (w.e.f. 11.1.2005)

[82] Inserted by Act 4 of 1914, Section 2 and Schedule, Part I

[83] Substituted by the A.O. 1937, for "The Local Government may by notification in the local official Gazette".

[84] 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

[85] Substituted by Indian Stamp (Uttar Pradesh Amendment) Act, 2015

[86] Repealed by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and schedule II

[87] Substituted by Act 6 of 1910, Section 3, for the original Article

[88] Substituted by Act 15 of 1904, Section 8, for the original Article

[89] The word, brackets and figure "and (3)" omitted by Act 5 of 1927, section 5.

[90] The entry (a) together with the entry "one anna" in the second column omitted by Act 5 of 1927

[91] Substituted by S.O. 130(E), dt. 28.1.2004, for "one rupee twenty-five naye paise" (w.e.f. 1.3.2004)

[92] Substituted by S.O. 130(E), dt. 28.1.2004, for "Two rupees fifty naye paise" (w.e.f. 1.3.2004)

[93] Substituted by S.O. 130(E), dt. 28.1.2004, for "Two rupees fifty naye paise" (w.e.f. 1.3.2004)

[94] Substituted by S.O. 130(E), dt. 28.1.2004, for "Two rupees fifty naye paise" (w.e.f. 1.3.2004)

[95] Substituted by S.O. 130(E), dt. 28.1.2004, "Five rupees" (w.e.f. 1.3.2004)

[96] Substituted by S.O. 130(E), dt. 28.1.2004, "Five rupees" (w.e.f. 1.3.2004)

[97] Substituted by S.O. 130(E), dt. 28.1.2004, for "Three rupees seventy-five naye paise" (w.e.f. 1.3.2004)

[98] Substituted by S.O. 130(E), dt. 28.1.2004, for "seven rupees fifty naye paise" (w.e.f. 1.3.2004)

[99] Substituted by S.O. 130(E), dt. 28.1.2004, for "seven rupees fifty naye paise" (w.e.f. 1.3.2004)

[100] Substituted by S.O. 130(E), dt. 28.1.2004, for "Five rupees" (w.e.f. 1.3.2004)

[101] ?Substituted by S.O. 130(E), dt. 28.1.2004, for "Ten rupees" (w.e.f. 1.3.2004)

[102] Substituted by S.O. 130(E), dt. 28.1.2004, for "Ten rupees" (w.e.f. 1.3.2004)

[103] Substituted by S.O. 130(E), dt. 28.1.2004, for "Ten rupees" (w.e.f. 1.3.2004)

[104] ?Substituted by S.O. 130(E), dt. 28.1.2004, for "Twenty rupees" (w.e.f. 1.3.2004)

[105] Substituted by S.O. 130(E), dt. 28.1.2004, for "Twenty rupees" (w.e.f. 1.3.2004)

[106] Substituted by S.O. 130(E), dt. 28.1.2004, for "Two rupees fifty naye paise" (w.e.f. 1.3.2004)

[107] Substituted by Act 43 of 1923, section 2, for "One anna"

[108] Inserted by the Registration and other Related laws (Amendment) Act, 2001 (48 of 2001), section 11 (w.e.f. 24.9.2001)

[109] Substituted by S.O. 130(E), dt. 28.1.2004, for "Twenty naye paise" (w.e.f. 1.3.2004)

[110] Substituted by S.O. 130(E), dt. 28.1.2004, for "Forty naye paise" (w.e.f. 1.3.2004)

[111] Substituted by S.O. 130(E), dt. 28.1.2004, for "Seventy five naya paise" (w.e.f. 1.3.2004)

[112] Substituted by S.O. 130(E), dt. 28.1.2004, for "One rupee fifty naya paise" (w.e.f. 1.3.2004)

[113] Substituted by S.O. 130(E), dt. 28.1.2004, for "Two rupee twenty-five naya paise" (w.e.f. 1.3.2004)

[114] Substituted by S.O. 130(E), dt. 28.1.2004, for "Three rupee " (w.e.f. 1.3.2004)

[115] Substituted by S.O. 130(E), dt. 28.1.2004, for "Three rupee seventy-five naya paise " (w.e.f. 1.3.2004)

[116] Substituted by S.O. 130(E), dt. 28.1.2004, for "Four rupee fifty naya paise " (w.e.f. 1.3.2004)

[117] Substituted by S.O. 130(E), dt. 28.1.2004, for "Five rupee twenty-five naya paise " (w.e.f. 1.3.2004)

[118] Substituted by S.O. 130(E), dt. 28.1.2004, for "six rupees " (w.e.f. 1.3.2004)

[119] Substituted by S.O. 130(E), dt. 28.1.2004, for "six rupees seventy-five naya paise " (w.e.f. 1.3.2004)

[120] Substituted by S.O. 130(E), dt. 28.1.2004, for "seven rupees fifty naya paise " (w.e.f. 1.3.2004)

[121] Substituted by S.O. 130(E), dt. 28.1.2004, for "three rupees seventy-five naya paise " (w.e.f. 1.3.2004)

[122] Substituted by S.O. 130(E), dt. 28.1.2004, for " seventy-five naya paise " (w.e.f. 1.3.2004)

[123] Substituted by S.O. 130(E), dt. 28.1.2004, for " One rupee fifty naya paise  " (w.e.f. 1.3.2004)

[124] Substituted by S.O. 130(E), dt. 28.1.2004, for " Three rupees  " (w.e.f. 1.3.2004)

[125] Substituted by S.O. 130(E), dt. 28.1.2004, for " Four rupees fifty naye paise " (w.e.f. 1.3.2004)

[126] Substituted by S.O. 130(E), dt. 28.1.2004, for " Six rupees " (w.e.f. 1.3.2004)

[127] Substituted by S.O. 130(E), dt. 28.1.2004, for " Seven rupees fifity naya paise " (w.e.f. 1.3.2004)

[128] Substituted by S.O. 130(E), dt. 28.1.2004, for " Nine rupees " (w.e.f. 1.3.2004)

[129] Substituted by S.O. 130(E), dt. 28.1.2004, for " Ten rupees fifty naya paise " (w.e.f. 1.3.2004)

[130] Substituted by S.O. 130(E), dt. 28.1.2004, for " Twelve rupees " (w.e.f. 1.3.2004)

[131] Substituted by S.O. 130(E), dt. 28.1.2004, for " Thirteen rupees fifty naya paise " (w.e.f. 1.3.2004)

[132] Substituted by S.O. 130(E), dt. 28.1.2004, for " Fifteen rupees " (w.e.f. 1.3.2004)

[133] ?Substituted by S.O. 130(E), dt. 28.1.2004, for " Seven rupees fifty naya paise " (w.e.f. 1.3.2004)

[134] Inserted by Punjab Finance Act, 2008, section 3

[135] Substituted by S.O. 130(E), dt. 28.1.2004, for " See AGREEMENT BY WAY OF EQUITABLE MORTGAGE (No. 6) " (w.e.f. 1.3.2004)

[136] ?Exemption (b) omitted by A.O. 1937

[137] Substituted by Act 43 of 1923, Section 2, for "one anna"

[138] Substituted by S.O. 130(E), dated 28.1.2004, for "two rupees" (w.e.f. 1.3.2004)

[139] The words "at the time of execution" omitted by Act 15 of 1904, Section 8

[140] Exemption (3) omitted by Act 15 of 1904, Section 8

[141] Substituted by Act 15 of 1904, Section 8, for "four annas."

[142] Substituted by Act 15 of 1904, Section 8, for "four annas."

[143] Substituted by Act 6 of 1910, Section 3 for the original Article 43

[144] Inserted by Act 15 of 1904, Section 8

[145] The words "Fifteen naye paise or" omitted by Act 14 of 1961, Section 16

[146] Substituted by S.O. 130(E), dt. 28.1.2004, for " Ten naya paise " (w.e.f. 1.3.2004)

[147] Substituted by S.O. 130(E), dt. 28.1.2004, for " Five naya paise " (w.e.f. 1.3.2004).

[148] Substituted by Act 18 of 1928, Section 2 and Schedule 1, for "one thousand rupees"

[149] Substituted by Act 18 of 1928, Section 2 and Schedule 1, for "one thousand rupees"

[150] Substituted by S.O. 130(E), dt. 28.1.2004, for " Ten naya paise " (w.e.f. 1.3.2004)

[151] Substituted by S.O. 130(E), dt. 28.1.2004, for " Five naya paise " (w.e.f. 1.3.2004)

[152] Substituted by S.O. 130(E), dt. 28.1.2004, for " Fifteen naya paise "

[153] Substituted by S.O. 130(E), dt. 28.1.2004, for " Ten naya paise " (w.e.f. 1.3.2004)

[154] Substituted by S.O. 130(E), dt. 28.1.2004, for " Twenty Five naya paise " (w.e.f. 1.3.2004)

[155] Substituted by S.O. 130(E), dt. 28.1.2004, for " Fifteen naya paise " (w.e.f. 1.3.2004)

[156] Substituted by Act 43 of 1923, Section 2 for "FIRE INSURANCE"

[157] Substituted by S.O. 130(E), dt. 28.1.2004, for " Fifty naya paise " (w.e.f. 1.3.2004)

[158] Substituted by S.O. 130(E), dt. 28.1.2004, for " One rupee " (w.e.f. 1.3.2004)

[159] Substituted by S.O. 130(E), dated 28.1.04, for "Fifteen naye paise" (w.e.f. 1.3.2004)

[160] Substituted by Act 19 of 1958, Section 13, for "2.80" (w.e.f. 1.10.1958).

[161] Substituted by S.O. 139(E) dated 28.1.2004, for "Ten naye paise" (w.e.f. 1.3.2004)

[162] Substituted by Act 18 of 1928, Section 2 and Schedule 1

[163] Substituted by S.O. 139(E) dated 28.1.2004, for "ten naye paise" (w.e.f. 1.3.2004)

[164] Substituted by S.O. 139(E) dated 28.1.2004, for "Fifteen naye paise" (w.e.f. 1.3.2004)

[165] Substituted by S.O. 139(E) dated 28.1.2004, for "one rupee" (w.e.f. 1.3.2004)

[166] Substituted by S.O. 139(E) dated 28.1.2004, for "ten naye paise" (w.e.f. 1.3.2004)

[167] Substituted by S.O. 139(E) dated 28.1.2004, for "Fifty naye paise" (w.e.f. 1.3.2004)

[168] Substituted by S.O. 139(E) dated 28.1.2004, for "fifteen naye paise" (w.e.f. 1.3.2004)

[169] Substituted by S.O. 139(E) dated 28.1.2004, for "ten naye paise" (w.e.f. 1.3.2004)

[170] Inserted by Act 43 of 1955, Section 7 (w.e.f. 14.4.1956)

[171] Inserted by Act 15 of 1925, section 2

[172] Substituted by Act of 1923, Section 2 of "of Sea-Insurance or a policy of Fire Insurance"

[173] Substituted by S.O. 139(E) dated 28.1.2004, for "ten naye paise" (w.e.f. 1.3.2004)

[174] Substituted by S.O. 139(E) dated 28.1.2004, for "one naye paise" (w.e.f. 1.3.2004)

[175] Substituted by S.O. 139(E) dated 28.1.2004, for "five naye paise" (w.e.f. 1.3.2004)

[176] Substituted by Act 43 of 1923, Section 2, for the original Article 49

[177] Substituted by Act 43 of 1923, Section 2, for the original Article 49

[178] Substituted by S.O. 139(E) dated 28.1.2004, for "Ten naye paise" (w.e.f. 1.3.2004)

[179] Substituted by S.O. 139(E) dated 28.1.2004, for "Fifteen naye paise" (w.e.f. 1.3.2004)

[180] Substituted by S.O. 139(E) dated 28.1.2004, for "Twenty five naye paise" (w.e.f. 1.3.2004)

[181] Substituted by Act 43 of 1923, Section 2, for the original Article 49

[182] Substituted by S.O. 130(E), dated 28.1.2004, for "Thirty paise" (w.e.f. 1.3.2004)

[183] Substituted by the Finance (No.2) Act, 2004 (23 of 2004), section 117 (iii), for "five hundred rupees" w.e.f. 10.9.2004

[184] Substituted by S.O. 130(E), dated 28.1.2004, "Twenty rupees" (w.e.f. 1.3.2004)

[185] Substituted by Act 18 of 1928, Section 2 and Schedule 1, for "or exempted"

[186] Substituted by Andhra (Adaptation of Laws on Union Subjects) Order, 1954, for "in the Presidencies of Fort St. George and Bombay"

[187] Inserted by the Adaptation of Laws (No.2) Order, 1956 of inam lands

[188] Inserted by Act 35 of 1934, Section 2 and Schedule

[189] Inserted by Act 35 of 1934, Section 2 and Schedule

[190] Substituted by Act 10 of 1927, Section 2 and Schedule I, for "Her majesty's Army or Her Majesty's Indian Army"

[191] Substituted by A.O. 1950, for "His Majesty's"

[192] Inserted by Act 35 of 1934, Section 2 and Schedule

[193] Substituted by Act 10 of 1927, Section 2 and Schedule 1, for "Her Majesty's Army or her Majesty's Indian Army."

[194] Inserted by Act 35 of 1934, Section 2 and Schedule

[195] Inserted by Act 35 of 1934, Section 2 and Schedule

[196] Substituted by Act 10 of 1927, Section 2 and Schedule I, for "either of the said force"

[197] Inserted by Act 35 of 1934, Section 2 and Schedule

[198] Inserted by Act 35 of 1934, Section 2 and Schedule

[199] Substituted by Act 10 of 1927, Section 2 and Schedule I, for "Either of the said force"

[200] Inserted by Act 5 of 1906, Section 7

[201] Substituted by Act b32 of 1994, Section 99, for "Twenty rupees" (w.e.f. 13.5.2004)

[202] Inserted by Act 15 of 1904, Section 8

[203] Substituted by A.O. 1937, for "Governor of Bombay in Concil"

[204] Substituted by A.O. 1950, for "Crown"

[205] Substituted by A.O. 1937, for "Government"

[206] Exemption (b) omitted by A.O. 1937

[207] Substituted by Act 6 of 1910, Section 3, for "Three-quarters of"

[208] Substituted by Act 6 of 1910, Section 3, for "Three-quarters"

[209] Substituted by Act 6 of 1910, Section 3, for "Three-quarters"

[210] Substituted by Act 43 of 1955, Section 7, for the original clause (w.e.f. 1.4.1956)

[211] Substituted by Act 43 of 1955, Section 7, for the original clause (w.e.f. 1.4.956)

[212] Substituted by S.O. 130(E), dated 28.1.2004, for "Fifty naye paise" (w.e.f. 1.3.2004)

[213] Substituted by Act 6 of 1910, Section 2, for "One-quarter"

[214] Inserted by Punjab Finance Act, 2008, section 3

[215] Added by Section 16 of the India Stamp (Punjab Amendment) Act, 1922 (VIII of 1922

[216] Substituted by Punjab Act, 16 of 1965

 

[217] Substituted by Punjab Act, No. 17 of 1998

 

[218] ?Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Fifty rupees]"

[219] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five hundred Rupees]"

 

[220] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Twenty Five rupees]"

[221] Substituted by Punjab Act, No. 17 of 1998

 

[222] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five hundred Rupees]"

[223] ?Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Fifty rupees]"

[224] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Two thousand rupees]"

[225] Substituted by Punjab Act, 18 of 1995

 

[226] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Fifty rupees]"

[227] Substituted by Punjab Act No. 17 of 1994

 

[228] Substituted by Punjab Act No. 17 of 1994

 

[229]  Substituted by Punjab Act No. 117 of 1994

 

[230] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five thousand rupees]"

[231] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Ten thousand rupees]"

[232] Substituted by Punjab Act, No. 17 of 1998

 

[233] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Twenty rupees]"

[234] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Forty rupees]"

[235] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Twenty rupees]"

[236] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"4[Three hundred rupees]"

[237] Omitted by Act No. 5 of 1927

 

[238] As amended by Indian Stamp (Punjab Amendment) Act, 2007, (9 of 2008) w.e.f. 25.1.2008

[239] Substituted by Punjab Act, 18 of 1995

[240] ?Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Forty rupees]"

[241] Proviso added by Punjab Act 6 of 1965

[242] ?Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Fifteen rupees]"

[243] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five thousand rupees]"

[244] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Ten thousand rupees]"

[245] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Forty five rupees]"

[246] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[One thousand rupees]"

 

[247] Substituted by Punjab Act, No. 17 of 1998

[248] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Fifty rupees]"

[249] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five hundred rupees]"

[250] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Five hundred rupees]"

[251] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[One thousand rupees]"

 

[252] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[One thousand rupees]"

 

[253] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Two thousand rupees]"

[254] Substituted by Indian Stamp (Punjab Amendment) Act, 2013, published in Govt. Gaz. December, 23, 2013.

 

" when given for consideration and authorizing the attorney to sell any immovable property;

(The same duty as other Conveyance (No. 23) as levied by this Act for the amount of consideration)"

 

[255] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Three hundred fifty rupees]"

[256] Substituted by Punjab Act, 18 of 1995

 

[257] Substituted by Punjab Act, No. 10 of 2009 w.e.f. 3.8.2009

 

[258] Substituted by Punjab Act, No. 10 of 2009 w.e.f. 3.8.2009

 

[259] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Forty rupees]"

[260] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Sixty rupees]"

[261] Added by Punjab Act No. 7 of 2016, w.e.f. 28.4.2016

[262] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Ninety rupees]"

[263] Substituted by Indian Stamp (Punjab Amendment) Act, 2019, for the following:-

"[Sixty rupees]"

[264] Omitted by The Indian Stamp (Punjab Amendment) Act, 2017 w.e.f. 01.04.2019 the previous text was :-

"Schedule 1-B

For Punjab only Inserted by Punjab Act No. 11 of 2005

(See Section 3-C)

Conveyance as defined in Section 2(10), not being a transfer charged or exempted under entry No. 62

Where conveyance amounts to sale of immovable property

1

2

Where the value or amount of the consideration for such conveyance as set forth therein does not exceed Rs. 50;

one Rupee fifty paise

Where it exceeds Rs. 50, but does not exceed Rs. 100

Three rupees

Where it exceeds Rs. 100, but does not exceed Rs. 200

Six rupees

Where it exceeds Rs. 200, but does not exceed Rs. 300

Nine rupees

Where it exceeds Rs. 300, but does not exceed Rs. 400

Twelve rupees

Where it exceeds Rs. 400, but does not exceed Rs. 500

Fifteen rupees

Where it exceeds Rs. 500, but does not exceed Rs. 600

Eighteen rupees

Where it exceeds Rs. 600, but does not exceed Rs. 700

Twenty-one rupees

Where it exceeds Rs. 700, but does not exceed Rs. 800

Twenty-four rupees

Where it exceeds Rs. 800, but does not exceed Rs. 900

Twenty-seven rupees

Where it exceeds Rs. 900, but does not exceed Rs. 1,000

Thirty rupees

For every 500 or part thereof in excess of Rs. 1,000

Fifteen rupees."

 

 

 

[265] Inserted vide Indian Stamp (Punjab Amendment) Act. 2012 (Punjab Act No. 12 of 2013), w.e.f. 06.02.2013, Stamp Act, 1899

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