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
[TAMIL NADU
[30][In Section 2 Clause (10), of the Indian Stamp Act, 1899 (Central Act II
of 1899), as amended by the Madras Stamp (Amendment) Act, 1922 (Madras Act VI
of 1922), and the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI
of 1943) (hereinafter referred to as the principal Act), the words, figure and
letter "or by Schedule I-A as the case may be" shall be omitted.]
[31][In section 2 of the Indian Stamp Act, 1899 (Central Act II of 1899)
(hereinafter referred to as the principal Act),--
(1) after clause (6), the following clause shall be inserted, namely:--
"(6-A) "Chennai Metropolitan Planning Area'' means the area as
defined in clause (23-A) of section 2 of the Tamil Nadu Town and Country
Planning Act, 1971 (Tamil Nadu Act 35 of 1972);"
(2) after clause (25), the following clause shall be added, namely:--
"(26) 'Urban agglomeration' means the area as defined in clause (n)
of section 3 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
(Tamil Nadu Act 24 of 1978)."]
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."]
TAMIL NADU
[32][In Section 3 For the first proviso, the following proviso shall be
substituted, namely:--
"Provided
that any increase in the amount of duty chargeable under the Madras Stamp
(Amendment) Act, 1922 (Madras Act VI of 1922), or the Madras Stamp (Increase of
Duties) Act, 1943 (Madras Act XVI of 1943), shall not have the effect of
increasing the duty payable in respect of instruments specified in clause (a)
or clause (c) of this section and executed before the first day of April
1922."]
[33][After Section 3 After section 3-A The following section shall be
inserted, namely:-
"3-AA.
Levy of additional surcharge on stump duty.-
(1) There shall be levied on the stamp duty chargeable under this Act as modified
by the Tamil Nadu Stamp (Increase of Duties) Act, 1962 (Tamil Nadu Act 8 of
1962), in respect of every registered instrument (other than bills of exchange,
cheques, promissory notes, bills of lading, letters of credit, policies of
insurance, transfer of shares, debentures, proxies and receipts), an additional
surcharge at the rate of two and a half per cent of such stamp duty.
(2) The provisions of this Act and the rules made thereunder shall, so far
as may be, apply in relation to the levy of additional surcharge in respect of
any instrument under sub-section (1) as they apply in relation to the levy of
stamp duty in respect of such instrument under this Act."]
[34][In section 3 of the Indian Stamp Act, 1899 (Central Act II of 1899)
(hereinafter referred to as the principal Act), after the second proviso, the
following proviso shall be inserted, namely:--
"Provided
also that any increase in the amount of duty chargeable under the Indian Stamp
(Tamil Nadu Amendment) Act, 1973, shall not have the effect of increasing the
duty payable in respect of instruments specified in clause (c) or clause (c) of
this section and executed before the 1st July 1913:]
[35][In section 3 of the Indian Stamp Act, 1899 (Central Act II of
1899) (hereinafter referred to as the principal Act), after the fourth proviso,
the following proviso shall be inserted, namely:--
"Provided
also that any increase in the amount of duty chargeable under the Indian Stamp
(Tamil Nadu Second Amendment) Act, 1975 shall not have the effect of increasing
the duty payable in respect of instruments specified in clause (a) or
clause (c) of this section and executed before the 1st August 1975]
Section 4 - Several instruments used in single transaction of sale mortgage or settlement
(1)
Where, in
the case of any sale, mortgage or settlement, several instruments are employed
for completing the transaction, the principal instrument only shall be
chargeable with the duty prescribed in Schedule I, for the conveyance, mortgage
or settlement, and each of the other instruments shall be chargeable with a
duty of one rupee instead of the duty (if any) prescribed for it in that
Schedule.
(2)
The parties
may determine for themselves which of the instrument so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined shall
be the highest duty which would be chargeable in respect of any of the said
instruments employed.
(3)
[36][Notwithstanding
anything contained in sub-sections (1) and (2), in the case of any issue, sale
or transfer of securities, the instrument on which stamp-duty is chargeable
under section 9A shall be the principal instrument for the purpose of this
section and no stamp-duty shall be charged on any other instruments relating to
any such transaction.]
[TAMIL NADU
[37][In Section 4- For sub-section (1), the following sub-section shall be
substituted, namely:--
"(1) Where, in the case of any sale, mortgage or settlement,
several instruments are employed for completing the transaction, the principal
instrument only shall be chargeable with the duty prescribed in Schedule I for
the conveyance, mortgage or settlement and each of the other instruments shall
be chargeable with a duty of three rupees instead of the duty, if any, prescribed
for it in that Schedule."]]]
Section 6 - Instruments coming with in several descriptions in schedule I
Subject to
the provisions of the last preceding section, an instrument so framed as to
come within two or more of the descriptions in Schedule I, shall, where the
duties chargeable thereunder are different, be chargeable only with the highest
of such duties:
Provided
that nothing in this Act contained shall render chargeable with duty exceeding
one rupee a counter part or duplicate of any instrument chargeable with duty
and in respect of which the proper duty has been paid.
STATE AMENDMENTS
TAMIL NADU
In Section 6
(i) [38][the words, figure and letter "or in Schedule I-A as the case may
be" shall be omitted;]
(ii) [39][for the proviso, the following proviso shall be substituted, namely:--
"Provided that nothing in this Act contained shall render
chargeable with duty exceeding three rupees a counterpart or duplicate of any
instrument chargeable with duty and in respect of which the proper duty has
been paid."]]]
Section 8F - Agreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty
[40][8F.
Agreement or document for transfer or assignment of rights or interest in
financial assets not liable to stamp duty
Notwithstanding anything contained in this Act or any other law for the
time being in force, any agreement or other document for transfer or assignment
of rights or interest in financial assets of banks or financial institutions
under section 5 of the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, in favour of any asset
reconstruction company, as defined in clause (ba) of sub-section (1)
of section 2 of that Act, shall not be liable to duty under this Act.]
[STATE
AMENDMENTS
[TAMIL NADU
[41][8-F. Agreement or document for transfer or assignment of rights or
interest in financial assets not liable to stamp duty.--
Notwithstanding
anything contained in this Act or any other law for the time being in force, any
agreement or other document for transfer or assignment of rights or interest in
financial assets of banks or financial institutions under section 5 of the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (54 of 2002), in favour of any asset reconstruction
company, as defined in clause (ba) of sub-section (1) of section 2 of that Act,
shall not be liable to duty under this Act.]
Section 9 - Power to reduce, remit or compound duties
(1)
[42][[43][The [44][***]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 [45][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 [46][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) [47][or
of transfers (where there is a single transferee, whether incorporated or not)]
of debentures, bonds or other marketable securities.]
(2)
[48][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 [49][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)
[50][Seventh Schedule to the Constitution, except the subject matters
referred to in clause (b) of Sub-section (1), the Central Government;]
STATE AMENDMENTS
TAMIL NADU
[51][In Section 9 In sub-section (1), in clause (b), after the expression
"other marketable securities", the expression "or of note or
memorandum sent by a broker or agent to his principal intimating the purchase
or sale on account of such principal" shall be inserted.]]]
Section 11 - Use of adhesive stamps
The
following instruments may be stamped with adhesive stamps, namely:-
(a)
instruments
chargeable [52][with
a duty not exceeding ten naye paise], except parts of bills of exchange payable
otherwise than on demand and drawn in sets;
(b)
bills of
exchange[53][***]
and promissory notes drawn or made out of [54][India];
(c)
entry as an
advocate, vakil or attorney on the roll of a High Court;
(d)
notarial
acts; and
(e)
transfers by
endorsement of shares in any incorporated company or other body corporate.
[STATE AMENDMENTS
[TAMIL NADU
[55][In Section 11 Clause (a), of the principal Act, for the words "one
and a half annas", the words "ten naye paise" shall be
substituted.]
Section 19 - Bills and notes drawn out of India
The first
holder in [56][India]
of any bill of exchange [57][payable
otherwise than on demand], [58][***]
or promissory note drawn or made out of [59][India]
shall, before he presents the same for acceptance or payment, or endorses,
transfers or otherwise negotiates the same in [60][India],
affix thereto the proper stamp and cancel the same:
Provided that-
(a) if, at the time any such bill of exchange [61]or
note comes into the hands of any holder thereof in [62][India],
the proper adhesive stamp is affixed thereto and cancelled in manner prescribed
by section 12, and such holder has no reason to believe that such stamp was
affixed or cancelled otherwise than by the person and at the time required by
this Act, such stamp shall, so far as relates to such holder, be deemed to have
been duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any
penalty incurred by him for omitting to affix or cancel a stamp.
[STATE AMENDMENTS
TAMIL NADU
After Section 19
(i) [63][in the marginal notes, the word, brackets and letters "clause (bb)
of" shall be omitted;
(ii) the words, brackets and letters "clause (bb) of the first proviso
to" shall be omitted;
(iii) the words "the first proviso to" shall be omitted:]
(iv) [64][for the words, figure and letter "under Schedule I-A", the
words and figure "under Schedule I" shall be substituted.]
[65][After Section 19 The following section shall be inserted, namely:--
"19-B. Payment of duty on copies, counterparts or duplicates when
that duty has not been paid on the principal or original instrument.--
(1) Where any instrument is registered in any part of India other than the
State of Tamil Nadu and such instrument relates, wholly or partly to any
property situate in the State of Tamil Nadu, the copy of such instrument shall,
when received in the State of Tamil Nadu under the Registration Act, 1908
(Central Act XVI of 1908), be liable to be charged with the difference of duty
as on the original instrument.
(2) The difference of duty shall be calculated having regard to--
(a) the extent of property situate in the State of Tamil Nadu; and
(b) the proportionate consideration or value or market value of such extent
of property.
(3) The party liable to pay duty on the original instrument shall upon the
receipt of notice from the registering officer, pay the difference in duty
within the time allowed by such registering officer.
(4) Where deficiency in duty paid is noticed from the copy of any
instrument, the Collector may suo motu or on a reference from any court or any
registering officer, require the production of the original instrument before
him within the period specified by him for the purpose of satisfying himself as
to the adequacy of the duty paid thereon, and the instrument so produced before
the Collector, shall be deemed to have been produced or come before him in the
performance of his functions and the provisions of section 47-A shall mutatis
mutandis apply;
Provided that no action under this sub-section shall be taken after a
period of four years from the date of registration of such instrument.
(5) In case the original instrument is not produced within the period
specified by the Collector, he may require the payment of deficit duty, if any,
together with penalty under section 40, on the copy of the instrument, within
such time as may be prescribed".]]]
[66][In section 19-B of the sub-section (4), in the proviso, for the
expression "from the date of registration of such instrument" the
expression "from the date of receipt of the copy of such instrument in the
State of Tamil Nadu under the Registration Act, 1908 (Central Act XVI of
1908)" shall be substituted.]
Section 23A - Certain instruments connected with mortgages of marketable securities to be chargeable as agreements
[67][23A. Certain instruments connected with mortgages of marketable
securities to be chargeable as agreements
(1) Where an instrument (not being a promissory note or bill of exchange)-
(a) is given upon the occasion of the deposit of any marketable security by
way of security for money advanced or to be advanced by way of loan, or for an
existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer, in tended as a
security, of any marketable Security, it shall be chargeable with duty as if it
were an agreement or memorandum of an agreement chargeable with duty
under [68][Article
No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable
with the like duty. ]
STATE AMENDMENTS
TAMIL NADU
[69][In Section 23 Sub-section (1), of the principal Act, the
words, figures, letters and brackets "or article No. 4(c) of Schedule I-A
as the case may be" shall be omitted.]]]
Section 24 - How transfer in consideration of debt, or subject to future payment, etc. to be charged
Where any
property is transferred to any person in consideration, wholly or in part, of
any debt due to him, or subject either certainly or contingently to the payment
or transfer of any money or stock, whether being or constituting a charge or
incumbrance upon the property or not, such debt, money or stock is to be deemed
the whole or part, as the case may be, of the consideration in respect whereof
the transfer is chargeable with ad valorem duty:
Provided that nothing in this section shall apply to any such
certificate of sale as is mentioned in Article No. 18 of Schedule I.
Explanation. ? In the case of a sale of property subject to a mortgage
or other incumbrance, any unpaid mortgage money or money charged, together with
the interest (if any) due on the same, shall be deemed to be part of the
consideration for the sale:
Provided that where property subject to a mortgage is transferred to the
mortgage, he shall be entitled to deduct from the duty payable on the transfer
the amount of any duty already paid in respect of the mortgage.
[STATE AMENDMENTS
TAMIL NADU
[70][In Section 24 The words, figures and letter "or Article 16 of
Schedule I-A as the case may be" shall be omitted.]
[71][In Section 24 The following section shall be substituted, namely:--
"24. How transfer of property subject to mortgage to be charged.--
Where property subject to a mortgage is transferred to the mortgagee, he
shall be entitled to deduct from the duty payable on the transfer the amount of
any duty already paid in respect of the mortgage.]]]
Section 25 - Valuation in case of annuity, etc.
Where an
instrument is executed to secure the payment of an annuity or other sum payable
periodically, or where the consideration for a conveyance is an annuity or
other sum payable periodically, the amount secured by such instrument or the
consideration for such conveyance, as the case may be, shall, for the purposes
of this Act, be deemed to be?
(a) where the sum is payable for a definite period so that the total amount
to be paid can be previously ascertained?such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time not
terminable with any life in being at the date of such instrument or
conveyance?the total amount which, according to the terms of such instrument or
conveyance, will or may be payable during the period of twenty years calculated
from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life
in being at the date of such instrument or conveyance ? the maximum amount
which will or may be payable as aforesaid during the period of twelve years calculated
from the date on which the first payment becomes due.
[STATE AMENDMENTS
TAMIL NADU-
[72][In Section 25
(a) in the opening paragraph, the words "or where the consideration for
a conveyance is an annuity or other sum payable periodically", and
"or the consideration for such conveyance, as the case may be," shall
be omitted;
(b) in clause (b), the words "or conveyance" in the two places
where they occur shall be omitted;
(c) in clause (c), the words "or conveyance" shall be omitted.]
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
TAMIL NADU
[73][In Section 27 After the words and brackets "The consideration (if
any)", the words "and the market value" shall be inserted.]]]
Section 28 - Direction as to duty in case of certain conveyances
(1) Where any property has been contracted to be sold for one consideration
for the whole, and is conveyed to the purchaser in separate parts by different
instruments, the consideration shall be apportioned in such manner as the
parties think fit, provided that a distinct consideration for each separate
part is set forth in the conveyance relating thereto, and such conveyance shall
be chargeable with ad valorem duty in respect of such distinct consideration.
(2) Where property contracted to be purchased for one consideration for the
whole, by two or more person jointly, or by any person for himself and others,
or wholly for others, is conveyed in parts by separate instruments to the
persons by or for whom the same was purchased, for distinct parts of the
consideration, the conveyance of each separate part shall be chargeable with ad
valorem duty in respect of the distinct part of the consideration therein
specified.
(3) Where a person, having contracted for the purchase of an property but
not having obtained a conveyance thereof, contracts to sell the same to any
other person and the property is in consequence conveyed immediately to the
sub-purchaser the conveyance shall be chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of an property but
not having obtained a conveyance thereof, contracts to sell the whole, or any
part thereof, to any other person or persons and the property is in consequence
conveyed by the original seller to different persons in parts, the conveyance
of each part sold to a sub-purchaser shall be chargeable with ad valorem duty
in respect only of the consideration paid by such sub-purchaser, without regard
to the amount or value of the original consideration; and the conveyance of the
residue (if any) of such property to the original purchaser shall be chargeable
with ad valorem duty in respect only of the excess of the original
consideration over the aggregate of the considerations paid by the
sub-purchaser:
Provided that the duty on such last-mentioned conveyance shall in no
case be less than one rupee.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the
person immediately selling to him, which is chargeable with ad valorem duty in
respect of the consideration paid by him and is duly stamped accordingly, any
conveyance to be afterwards made to him of the same property by the original
seller shall be chargeable with a duty equal to that which would be chargeable
on a conveyance for the consideration obtained by such original seller, or,
where such duty would exceed five rupees, with a duty of five rupees.
[STATE AMENDMENTS
TAMIL NADU
[74][In Section 28 The following section shall be substituted, namely:--
"28. Direction as to duty in case of certain conveyances.--
Where a sub-purchaser takes an actual conveyance of the interest of the
person immediately selling to him, which is chargeable with ad valorem duty in
respect of the market value of the property which is the subject matter of
conveyance and is duly stamped accordingly, any conveyance to be afterwards
made to him of the same property by the original seller shall be chargeable
with a duty equal to that which would be chargeable on a conveyance for the
market value of the property which is the subject matter of conveyance, or,
where such duty would exceed five rupees, with a duty of five rupees.".]]]
Section 29 - Duties by whom payable
In the
absence of an agreement to the contrary, the expense of providing the proper stamp
shall be borne,-
(a) in the case of any instrument described in any of the following Articles
of Schedule I, namely:-
No. 2. (Administration Bonds),
[75][No. 6 (Agreement relating to Deposit of Title deeds, Pawn or Pledge),]
No. 13 (Bill of exchange),
No. 15 (Bonds),
No. 16 (Bottomry Bond),
No. 26 (Customs Bond),
[76][***]
No. 32 (Further charge),
No. 34 (Indemnity-Bond),
No. 40 (Mortgage-deed),
No. 49 (Promissory-note),
No. 55 (Release),
No. 56 (Respondentia Bond),
No. 57 (Security-bond or Mortgage-deed),
No. 58 (Settlement),
[77][***]
[78][***]
No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed
or policy of insurance),
by the person drawing, making or executing such instrument;
(b) [79][in the case of a policy of insurance other than fire-insurance-by the
person effecting the insurance;
(bb) in the case of a policy of fire-insurance- by the person issuing
the policy ;]
(c) in the case of a conveyance (including are-conveyance of mortgaged
property:) by the grantee: in the case of a lease or agreement to lease-by the
lessee or intended lessee;
(d) in the case of a counterpart of a lease-by the less or;
(e) in the case of an instrument of exchange [80][including
swap] by the parties in equal shares,
(f) in the case of a certificate of sale-by the purchaser of the property to
which such certificate relates: [81][***],
(g) in the case of an instrument of partition-by the parties thereto in
proportion to their respective shares in the whole property partitioned, or
when the partition is made in execution of an order passed by a Revenue-authority
or Civil Court or arbitrator, in such proportion as such authority, Court or
arbitrator Directs.
(h) [82][in the case of sale of security through stock exchange, by the buyer of
such security;
(i) in the case of sale of security otherwise than through a stock exchange,
by the seller of such security;
(j) in the case of transfer of security through a depository, by the
transferor of such security;
(k) in the case of transfer of security otherwise than through a stock
exchange or depositiory, by the transferor of such security;
(l) in the case of issue of security, whether through a stock exchange or a
depository or otherwise, by the issuer of such security; and
(m) in the case of any other instrument not specified herein, by the person
making, drawing or executing such instrument.]
[STATE AMENDMENTS
TAMIL NADU
[83][In Section 29 Clause (a), of the principal Act, the words, figure and
letter "or the corresponding articles of Schedule I-A as the case may
be" shall be omitted.]]]
Section 31 - Adjudication as to proper stamp
(1)
When any
instrument, whether executed or not and whether previously stamped or not, is
brought to the Collector, and the person bringing it applies to have the
opinion of that officer as to the duty (if any) with which it is chargeable,
and pays a fee of such amount (not exceeding five rupees and not less
than [84][fifty
naye paise]) as the Collector may in each case direct, the Collector shall
determine the duty (if any) with which, in his judgment, the instrument is
chargeable.
(2)
For this
purpose the Collector may require to be furnished with an abstract of the
instrument, and also with such affidavit or other evidence as he may deem
necessary to prove that all the facts and circumstances affecting the
chargeability of the instrument with duty, or the amount of the duty with which
it is chargeable, are fully and truly set forth therein, and may refuse to
proceed upon any such application until such abstract and evidence have been
furnished accordingly:
Provided
that-
(a)
no evidence
furnished in pursuance of this section shall be used against any person in any
civil proceeding, except in an insure as to the duty with which the instrument
to which it relates is chargeable; and
(b)
every person
by whom any such evidence is furnished shall, on payment of the full duty with
which the instrument to which it relates is chargeable, be relieved from any
penalty which he may have incurred under this Act by reason of the omission to
state truly in such instrument any of the facts or circumstances aforesaid.
[STATE AMENDMENTS
TAMIL NADU
[85][In Section 31 Sub-section (1), of the principal Act, for the words
"not less than eight annas", the words "not less than fifty naye
paise" shall be substituted.]
Section 32 - Certificate by Collector
(1)
When an
instrument brought to the Collector under section 31, is in his opinion, one of
a description chargeable with duty, and-
(a)
the
Collector determines that it is already fully stamped, or
(b)
the duty
determined by the Collector under section 31, or such a sum as, with the duty
already paid in respect of the instrument, is equal to the duty so determined,
has been paid, the Collector shall certify by endorsement on such instrument
that the full duty (stating the amount) with which it is chargeable has been
paid.
(2)
When such
instrument is, in his opinion, not chargeable with duty, the Collector shall
certify in manner aforesaid that such instrument is not so chargeable.
(3)
Any
instrument upon which an endorsement has been made under this section, shall be
deemed to be duly stamped or not chargeable with duty as the case may be; and,
if chargeable with duty, shall be receivable in evidence or otherwise, and may
be acted upon and registered as if it had been originally duly stamped:
Provided
that nothing in this section shall authorise the Collector to endorse-
(a)
any
instrument executed or first executed in [86][India]
and brought to him after the expiration of one month from the date of its
execution or first execution, as the case may be:
(b)
any
instrument executed or first executed out of [87][India]
and brought to him after the expiration of three months after it has been first
received in [88][India];
or
(c)
any
instrument chargeable [89][with
a duty not exceeding ten naye paise], or any bill of exchange or promissory
note, when brought to him, after the drawing or execution thereof, on paper not
duly stamped.
[STATE AMENDMENTS
[TAMIL NADU
[90][In Section 32 In clause (c) of the proviso to sub-section (3) of
section 32,--
(i) for the words "one and a half annas", the words "ten naye
paise" shall be substituted;
(ii) for the words, figure, letters and brackets "[article 34(a) of
Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of
four annas", the words, figures, letter and brackets "[Article 41(a)
of Schedule I] chargeable under section 3 with a duty of twenty-five naye
paise" shall be substituted.]
Section 33 - Examination and impounding of instruments
(1)
Every person
having by law or consent of parties authority to receive evidence, and every
person in charge of a pubic office, except an officer of police, before whom
any instrument, chargeable, in his opinion, with duty, is produced or comes in
the performance of his functions, shall, if it appears to him that such
instrument is not dull stamped, impound the same.
(2)
For that
purpose every such person shall examine every instrument so chargeable and so
produced or coming before him in order to ascertain whether it is stamped with
a stamp of the value and description required by the law in force in [91][India]
when such instrument was executed or first executed :
Provided
that--
(a)
nothing
herein contained shall be deemed to require any Magistrate of Judge of a
criminal Court to examine or impound, if he does not think fit so to do, any
instrument coming before him in the course of any proceeding other than a
proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal
Procedure, 1898 (5 of 1898)[92];
(b)
in the case
of a Judge of a High Court, the duty of examining and impounding any instrument
under this section may be delegated to such officer as the Court appoints in
this behalf.
(3)
For the
purposes of this section, in cases of doubt,--
(a)
[93][the [94][State
Government]] may determine what offices shall be deemed to be public
offices; and
(b)
[95][the [96][State
Government]] may determine who shall be deemed to be persons in charge
of public offices.
[STATE AMENDMENTS
TAMIL NADU
[97][In Section 33
(i) sub-section (1) shall be lettered as clause (a) of that sub-section and
after clause (a) as so lettered, the following clause shall be inserted,
namely:--
"(b) Notwithstanding anything contained in section 31, but without
prejudice to the provisions of clause (a), the Collector before whom any
instrument is brought under section 31 for determining the duty with which the
instrument is chargeable, shall if it appears to him that such instrument is
not duly stamped, impound the same:
Provided that nothing contained in this clause shall be deemed to
authorise the Collector to impound any instrument which has not been executed
but is brought to him under section 31 for determining the duty with which the
instrument is chargeable or any instrument which he is authorised to endorse
under section 32.";
(ii) in sub-section (2)--
(a) for the words "every such person", the words "every such
person and the Collector" shall be substituted;
(b) for the words "coming before him", the words, "coming or
brought before him" shall be substituted.]
[98][After Section 33 The following section shall be inserted, namely:--
"33-A. Recovery of deficit stamp duty.--
(1) Notwithstanding anything contained in section 33 or in any other
provisions of this Act, if, after the registration of any instrument under the
Registration Act, 1908 (Central Act XVI of 1908), it is found that the proper
stamp duty payable under this Act in respect of such instrument has not been
paid or has been insufficiently paid, such duty or the deficit, as the case may
be, may, on a certificate from the Registrar of the district under the
Registration Act 1908 (Central Act XVI of 1908) be recovered from the person,
liable to pay the duty, as an arrear of land revenue:
Provided that no such certificate shall be granted unless due inquiry is
made and such person is given an opportunity of being heard:
Provided further that no such inquiry shall be commenced after the
expiry of three years from the date of registration of the instrument.
(2) The certificate of the Registrar of the district under sub-section (1)
shall, subject only to appeal under sub-section (3), be final and shall not be
called in question in any court or before any authority.
(3) Any person aggrieved by a certificate of the Registrar of the district
under sub-section (1) may appeal to the Chief Controlling Revenue Authority.
Any such appeal shall be preferred within such time, and shall be heard and
disposed of in such manner, as may be prescribed.";]
Section 35 - Instruments not duly stamped inadmissible in evidence, etc.
No
instrument chargeable with duty shall be admitted in evidence for any purpose
by any person having by law or consent of parties authority to receive
evidence, or shall be acted upon, registered or authenticated by any such
person or by any public officer, unless such instrument is duly stamped :
Provided
that--
(a)
any such
instrument [99][shall]
be admitted in evidence on payment of the duty with which the same is
chargeable, or, in the case of an instrument insufficiently stamped, of the
amount required to make up such duty, together with a penalty of five rupees,
or, when ten times the amount of the proper duty or deficient portion thereof
exceeds five rupees, of a sum equal to ten times such duty or portion ;
(b)
where any
person from whom a stamped receipt could have been demanded, has given an
unstamped receipt and such receipt, if stamped, would be admissible in evidence
against him, then such receipt shall be admitted in evidence against him on
payment of a penalty of one rupee by the person tendering it;
(c)
Where a
contract or agreement of any kind is effected by correspondence consisting of
two or more letters and any one of the letters bears the proper stamp, the
contract or agreement shall be deemed to be duly stamped;
(d)
nothing
herein contained shall prevent the admission of any instrument in evidence in
proceeding in a Criminal Court, other than a proceeding under Chapter XII or
Chapter XXXVI of the Code of Criminal Procedure 1898;
(e)
nothing
hereing contained shall prevent the admission of any instrument in any Court
when such instrument has been executed by or on behalf of [100][the [101][Government]]
or where it bears the certificate of the Collector as provided by section 32 or
any other provision of this Act.
[STATE AMENDMENTS
[TAMIL NADU
[102][In Section 35 In clause (a) of the proviso to section 35
(i) for the words "one and a half annas", the words "ten naye
paise" shall be substituted;
(ii) for the words, figure, letters and brackets "[article 34(a) of
Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of
four annas", the words, figures, letter and brackets "[Article 41(a)
of Schedule I] chargeable under section 3 with a duty of twenty-five naye
paise" shall be substituted.]
Section 40 - Collectors power to stamp instruments impounded
(1)
When the
Collector impounds any instrument under section 33, or receives any instrument
sent to him under section 38; sub- section (2), not being an instrument
chargeable [103][with
a duty not exceeding ten naye paise] only or a bill of exchange or promissory
note, he shall adopt the following procedure:-
(a)
if he is of
opinion that such instrument is duly stampeded or is not chargeable with duty,
he shall certify by endorsement thereon that it is duly stamped, or that it is
not so chargeable, as the case may be;
(b)
if he is of
opinion that such instrument is chargeable with duty and is not duly stamped,
he shall require the payment of the proper duty or the amount required to make
up the same, together with a penalty of five rupees ; or, if he thinks
fit, [104][an
amount not exceeding] ten times the amount of the proper duty or of the
deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided
that, when such instrument has been impounded only because it has been written
in contravention of section 13 or section 14, the Collector may, if he thinks
fit, remit the whole penalty prescribed by this section.
(2)
Every
certificate under clause (a) of sub-section (1) shall, for the purposes of this
Act, be conclusive evidence of the matters stated therein.
(3)
Where an
instrument has been sent to the Collector under section 38, sub-section (2),
the Collector shall, when he has dealt with it as provided by this section,
return it to the impounding officer.
[STATE AMENDMENTS
[Tamil Nadu
[105][In Section 40 In sub-section (1) of section 40
(i) for the words "one and a half annas", the words "ten naye
paise" shall be substituted;
(ii) for the words, figure, letters and brackets "[article 34(a) of
Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of
four annas", the words, figures, letter and brackets "[Article 41(a)
of Schedule I] chargeable under section 3 with a duty of twenty-five naye
paise" shall be substituted.]
Section 41 - Instruments unduly stamped by accident
If any
instrument chargeable with duty and not duly stamped, not being an instrument
chargeable [106][with
a duty not exceeding ten naye paise] only or a bill of exchange or promissory
note, is produced by any person of his own motion before the Collector within
one year from the date of its execution or first execution, and such person
brings to the notice of the Collector the fact that such instrument is not duly
stamped and offers to pay to the Collector the amount of the proper duty, or
the amount required to make up the same, and the Collector is satisfied that
the omission to duly stamp such instrument has been occasioned by
accident, mistake or urgent necessity, he may, instead of
proceeding under sections 33 and 40, receive such amount and proceed as next
herein after prescribed.
[STATE AMENDMENTS
[Tamil Nadu
[107][In Section 41
(i) for the words "one and a half annas", the words "ten naye
paise" shall be substituted;
(ii) for the words, figure, letters and brackets "[article 34(a) of
Schedule I-A] chargeable under clauses (aa) or (bb) of section 3 with a duty of
four annas", the words, figures, letter and brackets "[Article 41(a)
of Schedule I] chargeable under section 3 with a duty of twenty-five naye
paise" shall be substituted.]
Section 45 - Power to revenue-authority to refund penalty or excess duty in certain cases
(1)
Where any
penalty is paid under section 35 or section 40, the Chief Controlling
Revenue-authority may, upon application in writing made within one year from
the date of the payment, refund such penalty wholly or in part.
(2)
Where, in
the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of
that which is legally chargeable has been charged and paid under section 35 or
section 40, such authority may, upon application in writing made within three
months of the order charging the same, refund the excess.
[STATE AMENDMENTS
[Tamil Nadu
[108][In Section 45 In sub-section (2) of section 45 of the
principal Act, for the words "within three months of the order charging
the same", the words "within six months from the date of payment
" shall be substituted.]
Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped
When any
bill of exchange [109][or
promissory note] chargeable [110][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 [111][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 [112][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 [113][or
note].
[STATE AMENDMENTS
[TAMIL NADU
[114][After Section 47 The following section shall be inserted, namely:--
"47-A. Instruments of conveyance, etc., under-valued, how to be
dealt with.--
(1) If the registering officer appointed under the Indian Registration Act,
1908 (Central Act XVI of 1908) while registering any instrument of conveyance,
exchange or gift has reason to believe that the market value of the property
which is the subject-matter of conveyance, exchange or gift has not been truly
set forth in the instrument, he may after registering such instrument, refer
the same to the Collector for determination of the market value of such
property and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1) the Collector shall,
after giving the parties a reasonable opportunity of being heard and after
holding an enquiry in such manner as may be prescribed by rules made under this
Act, determine the market value of the property which is the subject-matter of
conveyance, exchange or gift and the duty as aforesaid. The difference, if any,
in the amount of duty, shall be payable by the person liable to pay the duty.
(3) The Collector may suo motu, within two years from the data of
registration of any instrument of conveyance, exchange or gift not already
referred to him under sub-section (1) call for and examine the instrument for
the purpose of satisfying himself as to the correctness of the market value of
the property which is the subject-matter of conveyance, exchange or gift and
the duty payable thereon and if after such examination, he has reason to
believe that the market value of such property has not been truly set forth in
the instrument, he may determine the market value of such property and the duty
as aforesaid in accordance with the procedure provided for in sub-section (2).
The difference, if any, in the amount of duty, shall be payable by the person
liable to pay the duty:
Provided that nothing in this sub-section shall apply to any instrument
registered before the date of the commencement of the Indian Stamp (Madras
Amendment) Act, 1967.
(4) Any person aggrieved by an order of the Collector under sub-section (2)
or sub-section (3) may appeal to the appellate authority specified in
sub-section (5). All such appeals shall be preferred within such time, and
shall be heard and disposed of in such manner, as may be prescribed by rules
made under this Act.
(5) The appellate authority shall be--
(i) in the City of Madras, the Madras City Civil Court; and
(ii) elsewhere--
(a) the Subordinate Judge, or if there are more than one Subordinate Judge,
the principal Subordinate Judge having jurisdiction over the area in which the
property concerned is situated; or
(b) if there is no such Subordinate Judge, the District Judge having
jurisdiction over the area aforesaid.
Explanation.--For the purpose of this Act, market value of any property
shall be estimated to be the price which in the opinion of the Collector or the
appellate authority, as the case may be, such property would have fetched or
fetch, if sold in the open market on the date of execution of the instrument of
conveyance, exchange or gift.".]
[115][After Section 47 For the words "exchange or gift" wherever
they occur, the words "exchange, gift, release of benami right or
settlement" shall be substituted.]
[116][After Section 47 The following section shall be inserted namely:--
"47-B. Stamp duty chargeable for instrument of rectification.--
Where an instrument purports to rectify any error in the description of
property as set out in any previous instrument calling within the purview of
section 47-A, then, the amount of duty chargeable on such instrument of
rectification shall be the amount chargeable on it under Schedule I less the
amount of duty, if any, already paid in respect of such previous
instrument.";]
(1) [117][After Section 47-A
(a) for sub-section (1), the following sub-section shall be substituted,
namely:--
"(1) The Registering Officer appointed under the Registration Act,
1908 (Central Act XVI of 1908) while registering any instrument of conveyance,
dissolution of partnership, exchange of property, gift, partition, release or
settlement shall estimate the market value of the property which is the subject
matter of such instrument as per the market value guidelines of properties
prepared by the "Valuation Committee" constituted under Section 47-AA
and communicate the said estimated value to the parties concerned and unless
the parties pay the duty on the basis of such valuation, he shall keep pending
the process of registration of such instrument and refer the matter within a
month along with a copy of such instrument to the Collector for determination
of the market value of such property and the proper duty payable
thereon.";
(b) in sub-section (2), for the expression "subject matter of
conveyance, exchange, gift, release of benami right or settlement and the duty
as aforesaid", the expression "subject matter of any instrument of,
conveyance, dissolution of partnership, exchange of property, gift, partition,
release or settlement and the duty payable thereon within a period of ninety
days from the date of receipt of such reference. " shall be substituted;
(c) in sub-section (3),--
(i) for the expression "any instrument of conveyance, exchange, gift,
release of benami right or settlement", the expression "any
instrument of, conveyance, dissolution of partnership, exchange of property,
gift, partition, release or settlement" shall be substituted;
(ii) for the expression "conveyance, exchange, gift, release of benami
right or settlement", the expression "conveyance, dissolution of partnership,
exchange of property, gift, partition, release or settlement" shall be
substituted;
(d) in sub-section (4), for the expression "interest at two per cent
per month on such amount for the entire period of default", the following
shall be substituted, namely:--
"interest at one per cent per month on such amount for the entire
period of default:
Provided that where a person has preferred an Appeal against the order
under sub-section (2) or sub-section (3), the interest payable under this sub-section
shall be postponed till the disposal of Appeal and shall be calculated on the
amount that becomes due in accordance with the final order passed in appeal as
if such amount had been determined under sub-section (2) or sub-section (3), as
the case may be.";
(e) to sub-section (5), the following Proviso shall be added, namely:--
"Provided that no Appeal shall be entertained unless the person
aggrieved has deposited in such manner as may be prescribed twenty-five per
cent of the difference in the amount of duty determined and payable under
sub-section (2) or sub-section (3), as the case may be";
(f) in sub-section (6),--
(i) after the words "suo motu ", the words "or otherwise,
" shall be inserted;
(ii) for the expression "pass such order thereon as he thinks fit",
the expression "pass such order thereon as he thinks fit, within such time
as may be prescribed" shall be substituted;
(g) after sub-section (10), the following sub-section shall be inserted,
namely:--
"(11) Where the duty paid is found to be in excess as a result of
an order passed on Appeal or Revision, the excess duty paid shall be
refunded.";
(h) the Explanation shall be omitted.
(2) after Section 47-A, the following Section shall be inserted, namely:--
"47-AA. Constitution of Valuation Committee.--
(1) The State Government shall, by notification, constitute a Valuation
Committee under the Chairmanship of Inspector-General of Registration and such
other member as may be specified for estimation, publication and revision of
market value guidelines of properties in any area in the State at such
intervals and in such manner as may be prescribed, for the purpose of Section
47-A.
(2) The Valuation Committee is the final authority for the formulation of
policy, methodology and administration of the market value guidelines in the
State and may for the said purpose constitute valuation subcommittee in each
district comprising of such members as may be prescribed, for estimation and
revision of the market value guidelines.
(3) The sub-committee so constituted shall function under the Valuation
Committee and shall follow such procedures as may be prescribed and shall be
subject to reconstitution whenever found necessary.".]
[118][Aftrer Section 47-A- The following Section shall be inserted, namely:--
"47-AA. Constitution of Valuation Committee.--
(1) The State Government shall, by notification, constitute a Valuation
Committee under the Chairmanship of Inspector-General of Registration and such
other member as may be specified for estimation, publication and revision of
market value guidelines of properties in any area in the State at such
intervals and in such manner as may be prescribed, for the purpose of Section
47-A.
(2) The Valuation Committee is the final authority for the formulation of
policy, methodology and administration of the market value guidelines in the
State and may for the said purpose constitute valuation subcommittee in each
district comprising of such members as may be prescribed, for estimation and
revision of the market value guidelines.
(3) The sub-committee so constituted shall function under the Valuation
Committee and shall follow such procedures as may be prescribed and shall be
subject to reconstitution whenever found necessary.".]
[119][In section 47-A of the principal Act.--
(1) In sub-section (3), for the expression "The Collector may, suo
motu, within two years", the expression "The Collector may suo motu
or otherwise, within five years", shall be substituted;
(2) for sub-sections (4) and (5), including the Explanation thereto, the
following sub-sections shall be substituted, namely:--
"(4)? Every person liable to
pay the difference in the amount of duty under sub-section (2) or sub-section
(3) shall, pay such duty within such period as may be prescribed. In default of
such payment, such amount of duty outstanding on the date of default shall be a
charge on the property affected in such instrument. On any amount remaining
unpaid after the date specified for its payment, the person liable to pay the
duty shall pay, in addition to the amount due, interest at two percent per
month on such amount for the entire period of default.
(5)?? Any person aggrieved by an
order of the Collector under sub-section (2) or sub-section (3), may appeal to
such authority as may be prescribed in this behalf. All such appeals shall be
preferred within such time, and shall be heard and disposed of in such manner,
as may be prescribed by rules made under this Act.
(6)?? The Chief Controlling
Revenue Authority may, suo motu, call for and examine an order passed under
sub-section (2) or sub-section (3) and if such order is prejudicial to the
interests of revenue, he may make such inquiry or cause such inquiry to be made
and, subject to the provisions of this Act, may initiate proceedings to revise,
modify or set aside such order and may pass such order thereon as he thinks
fit.
(7)?? The Chief Controlling
Revenue Authority shall not initiate proceedings against any order passed under
sub-section (2) or sub-section (3) if,--
(a) the time for appeal against that order has not expired; or
(b) more than five years have expired after the passing of such order.
(8)?? No order under sub-section
(6) adversely affecting a person shall be passed unless that person has had a
reasonable opportunity of being heard.
(9)?? In computing the period
referred to in clause (b) of sub-section (7), the time during which the
proceedings before the Chief Controlling Revenue Authority remained stayed
under the order of a Court shall be excluded.
(10)? Any person aggrieved by an
order of the authority prescribed under sub-section (5) or the Chief
Controlling Revenue Authority under sub-section (6) may, with in such time and
in such manner, as may be prescribed by rules made under this Act, appeal to
the High Court.
Explanation.-- For the purpose of this Act, market value of any property
shall be estimated to be the price which, in the opinion of the Collector or
the Chief Controlling Revenue Authority or the High Court, as the case may be,
such property would have fetched or would fetch, if sold in the open market on
the date of execution of the instrument of conveyance, exchange, gift, release
of benami right or settlement".]
[120][[121][47-A.
Instruments of conveyance etc., undervalued how to be dealt with.--
(1) If the registering officer appointed under the Indian Registration Act,
1908 (Central Act XVI of 1908) while registering any instrument of
conveyance, [122][exchange,
gift, release of benami right or settlement] has reason to believe that the
market value of the property of which is the subject matter of conveyance [123][exchange,
gift, release of benami right or settlement], has not been truly set forth in
the instrument he may, after registering such instrument, refer the same to the
Collector for determination of the market value of such property and the proper
duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall,
after giving the parties a reasonable opportunity of being heard and after
holding an enquiry in such manner as may be prescribed by rules made under this
Act, determine the market value of the property which is the subject matter of
conveyance, [124][exchange,
gift, release of benami right or settlement], and the duty as aforesaid. The
difference, if any, in the amount of duty, shall be payable by the person
liable to pay the duty.
(3) [125][The Collector may, suo motu or otherwise, within five years] from the
date of registration of any instrument of conveyance, [126][exchange,
gift, release of benami right or settlement], not already referred to him under
sub-section (1), call for and examine the instrument for the purpose of
satisfying himself as to the correctness of the market value of the property
which is the subject matter of conveyance, [127][exchange,
gift, release of benami right or settlement], and the duty payable thereon and
if after such examination, he has reason to believe that the market value of
the property has not been truly set forth in the instrument, he may determine
the market value of such property and the duty as aforesaid in accordance with
the procedure provided for in sub-section (2). The difference, if any, in the
amount of duty, shall be payable by the persons liable to pay the duty:
Provided
that nothing in this sub-section shall apply to any instrument registered
before the date of commencement of the Indian Stamp (Madras Amendment) Act,
1967.
(4) [128][Every person liable to pay the difference in. the amount of duty under
sub-section (2) or sub-section (3) shall, pay such duty within such period as
may be prescribed. In default of such payment, such amount of duty outstanding
on the date of default shall be a charge on the property affected in such
instrument. On any amount remaining unpaid after the date specified for its
payment, the person liable to pay the duty shall pay, in addition to the amount
due, [129][interest
at one per cent per month on such amount for the entire period of default :
Provided
that where a person has preferred an appeal against the order under sub-section
(2) or sub-section (3), the interest payable under this sub-section shall be
postponed till the disposal of appeal and shall be calculated on the amount
that becomes due in accordance with the final. order passed in appeal as if
such amount had been determined under subsection (2) or sub-section (3), as the
case may be.]
(5) Any person aggrieved by an order of the Collector under sub-section (2)
or sub-section (3), may appeal to such authority as may be prescribed in this
behalf. All such appeals shall be preferred within such time, and shall be
heard and disposed of in such manner, as may be prescribed by rules made under
this Act.
[130][Disposal of pending appeals.-All appeals preferred under sub-section
(4) of section 47-A of the principal Act and pending before the appellate
authorities specified in subsection (5) of that section, immediately before the
date of commencement of this Act, shall be heard and disposed of by such
appellate authorities concerned, as if this Act had not been passed.]
(6) The Chief Controlling Revenue Authority may, suo motu, call for and
examine an order passed under sub-section (2) or sub-section (3) and if such
order is prejudicial to the interests of revenue, he may make such inquiry or
cause such inquiry to be made and, subject to the provisions of this Act, may
initiate proceedings to revise, modify or set aside such order and may pass
such order thereon as he thinks fit.
(7) The Chief Controlling Revenue Authority shall not initiate proceedings
against any order passed under subsection (2) or sub-section (3) if,-
(a) the time for appeal against that order has not expired; or
(b) more than five years have expired after the passing of such order.
(8) No order under sub-section (6) adversely affecting a person shall be
passed unless that person has had a reasonable opportunity of being heard.
(9) In computing the period referred to in clause (b) of sub-section (7),
the time during which the proceedings before the Chief Controlling Revenue
Authority remained stayed under the order of a Court shall be excluded.
(10) Any person aggrieved by an order of the authority prescribed under
sub-section (5) or the Chief Controlling Revenue Authority under sub-section
(6) may, within such time and in such manner, as may be prescribed by rules
made under this Act, appeal to the High Court.
Explanation.-
For the purpose of this Act, market value of any property shall be estimated to
be the price which, in the opinion of the Collector or the Chief Controlling
Revenue Authority or the High Court, as the case may be such property would
have fetched or would fetch, if sold in the open market on the date of
execution of the instrument of conveyance, 1[exchange, gift, release of benami
right or settlement].
[131][47-AA. Constitution of Valuation Committee.-
(1) The State Government shall, by notification, constitute a Valuation
Committee under the Chairmanship of Inspector-General of Registration and such
other member as may be specified for estimation, publication and revision of
market value guidelines of properties in any area in the State at such
intervals and in such manner as may be prescribed, for the purpose of Section
47-A.
(2) The Valuation Committee is the final authority for the formulation of
policy, methodology and administration of the market value guidelines in the
State and may for the said purpose constitute valuation sub-committee in each
district comprising of such members as may be prescribed, for estimation and
revision of the market value guidelines.
(3) The sub-committee so constituted shall function under the Valuation
Committee and shall follow such procedures as may be prescribed and shall be
subject to reconstitution whenever found necessary.]
[132][47-B. Stamp duty chargeable for instrument of rectification.--
Where an
instrument purports to rectify any error in the description of property as set
out in any previous instrument falling within the purview of section 47-A,
then, the amount of duty chargeable in such instrument of rectification shall
be the amount chargeable on it under Schedule I less the amount of duty, if
any, already paid in respect of such previous instrument.]]
Section 53 - Allowance for spoiled or misused stamps how to be made
In any case
in which allowance is made for spoiled or misused stamps, the Collector may
give in lieu thereof.-
(a)
other stamps
of the same description and value; or
(b)
if required
and he thinks fit, stamps of any other description to the same amount in value;
or
(c)
at his
discretion, the same value in money, deducting [133][ten
naye paise] for each rupee or fraction of a rupee.
[STATE AMENDMENTS
[Tamil Nadu
[134][In Section 53 For the Words "one anna for each rupee", the
words "ten naye paise for each rupee" shall be substituted.]
Section 54 - Allowance for stamps not required for use
When any
person is possessed of a stamp or stamps which have not been spoiled or
rendered unfit or useless for the purpose intended, but for which he has no
immediate use, the Collector shall repay to such person the value of such stamp
or stamps in money, deducting [135][ten
naye paise] for each rupee or portion of a rupee, upon such person delivering
up the same to be cancelled, and proving to the Collector's satisfaction-
(a) that such stamp or stamps were purchased by such person with a bona fide
intention to sue them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next
preceding the date on which they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the
Collector may, if he thinks fit, make the repayment of the sum actually paid by
the vendor without any such deduction as aforesaid.
[STATE AMENDMENTS
[Tamil Nadu
[136][In Section 54 For the Words "one anna for each rupee", the
words "ten naye paise for each rupee" shall be substituted.]
Section 63 - Penalty for failure to cancel adhesive stamp
Any person
required by section 12 to cancel an adhesive stamp, and failing to cancel such
stamp in manner prescribed by that section shall, be publishable with fine
which may extend to one hundred rupees.
[STATE AMENDMENTS
[Tamil Nadu
[After Section 63
The following section shall be inserted, namely:--
"63-A. Penalty for failure to comply with
provisions of section 19-B.--
Where the party fails to pay the difference of duty as required under
sub-section (3) or sub-section (4), or any amount as required under sub-section
(5), of section 19-B, he shall be punishable with fine which may extend to five
thousand rupees.".]
Section 64 - Penalty for omission to comply with provisions of section 27
Any person
who, with intent to defraud the Government,?
(a)
executes any
instrument in which all the facts and circumstances required by section 27 to
be set forth in such instrument are not fully and truly set forth; or
(b)
being
employed or concerned in or about the preparation of any instrument, neglects
or omits fully and truly to set forth therein all such facts and circumstances;
or
(c)
does any
other act calculated to deprive the Government of any duty or penalty under
this Act;
shall be
punishable with fine which may extend to five thousand rupees.
[STATE AMENDMENTS
[TAMIL NADU-
after
section 64, the following section shall be inserted, namely:--
64-A.
Recovery of amount of deficit stamp duty
(1)
Where any
person liable to pay duty under this Act is convicted of an offence under
section 64, in respect of any instrument (not being an instrument specified in
Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate
shall, in addition to the punishment which may be imposed for such offence,
recover summarily and pay over to the Collector, the amount of duty, if any,
due under this Act from such person in respect of that instrument and the
Collector shall, thereupon certify by endorsement on that instrument that
proper duty has been levied in respect thereof:
Provided
that if the person referred to in this sub-section has already paid any amount
towards the duty payable under this Act in respect of the instrument in
relation to which such person was convicted, the Magistrate shall recover only
the difference in the amount of duty.
(2)
The amount
recoverable under sub-section (1) shall be recovered by the Magistrate, as if
it were a fine imposed under the Code of Criminal Procedure, 1898 (Central Act
V of 1898)]
Section 74 - Powers to make rules relating to sale of stamps
The [State
Government] [***]
may make rules for regulating-
(a)
the supply
and sale of stamps an stamped papers.
(b)
the persons
by whom alone such sale is to be conducted, and
(c)
the duties
and remuneration of such persons:
Provided
that such rules shall not restrict the sale of [ten
naye paise or five naya paise] adhesive stamps.
[STATE AMENDMENTS
[Tamil Nadu
[In Section 74
After clause (a), the following clause shall be inserted, namely:--
"(aa) the proper use of stamps and stamp papers and the prevention
of misuse of such stamp and stamp papers.";]
[In the section 74 shall be re-numbered as sub-section (1) of that
section, and after sub-section (1) as so re-numbered, the following sub-section
shall be added, namely:--
" (2) A
rule may be made under sub-section (1) so as to have retrospective effect on
and from a date not earlier than the 15th September 1965.]
Section 78 - Act to be translated and sold cheaply
Every State
Government shall make provision for the sale of translations of this Act in the
principal vernacular languages of the territories administered by it at a price
not exceeding [twenty-five
naye paise] per copy.
[STATE AMENDMENTS
[TAMIL NADU
[In Section 78
The following section shall be substituted, namely:--
"78. Duty to be collected or allowance to be made to the nearest
ten naye paise.--
In the determination of the amount of duty payable or of allowance to be
made under this Act, any fraction of ten naye paise less than five naye paise
shall be disregarded and any fraction of ten naye paise equal to, or exceeding,
five naye paise shall be regarded as ten naye paise."]
[In Section 78
The following section shall be substituted, namely:--
"78. Duty or allowance to be rounded off to the next higher
multiple of five paise.--
If the total amount of duty payable, or of allowance to be made, under
this Act is not a multiple of five paise, the total amount shall be rounded off
to the next higher multiple of five paise.".]]]
Schedule Tamil Nadu - SCHEDULE I
SCHEDULE - I
STAMP DUTY ON
INSTRUMENTS (See Section 3)
(Corrected upto Tamil
Nadu Act 31 of 2004 came into force on 16-12-2004)
|
S. No.
|
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 :
|
[One
rupee]
|
|
|
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.
|
|
|
2
|
Administration - Bond including a bond given
under section 291 or section 375 of the Indian Succession Act, 1925 (Central
Act XXXIX of 1925), or section 6 of the Government Savings Banks Act, 1873
(Central Act V of 1873).
|
The same duty as a Bond (No. 15) for the same amount.
|
|
3
|
Adoption - Deed, that is to say, any instrument
(other than a Will) recording an adoption or conferring or purporting to
confer an authority to adopt.
|
[One
hundred rupees]
|
|
4
|
Affidavit, including an affirmation of
declaration in the case of persons by law allowed to affirm or declare
instead of swearing.
|
[Twenty
rupees]
|
|
|
Exemptions.--Affidavit of declaration in writing
when made:-
|
|
|
|
(a) as a condition of enlistment under the Army
Act, 1950 (Central Act XLVI of 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.
|
|
|
5
|
Agreement or Memorandum of an Agreement--
|
|
|
|
(a) If relating to the sale of a bill of
exchange;
|
One rupee
|
|
|
(b) If relating to the purchase or sale of a
Government security;
|
Subject to a maximum of fifty rupees, thirty
paise, for every Rs. 10,000 or part thereof, of the value of the security at
the time of its purchase or sale, as the case may be.
|
|
|
(c) If relating to the purchase or sale of
shares, scripts, stocks, bonds, debentures, debenture stocks or any other
marketable security of a like nature in or of any incorporated company or
other body corporate, --
|
|
|
|
(i) When such agreement or memorandum of an
agreement is with or through a member or between members of a Stock Exchange
recognized under the Securities Contracts (Regulation) Act, 1956 (Central Act
42 of 1956);
|
Fifteen paise for every Rs. 2,500 or part thereof
of the value of the security at the time of its purchase or sale, as the case
may be.
|
|
|
(ii) In other cases;
|
Fifty paise for every Rs. 2,500 or part thereof
of the value of the security at the time of its purchase or sale, as the case
may be.
|
|
|
(d) If relating to the purchase or sale of cotton
including pods or kapas (unginned cotton);
|
Thirty paise for every unit of transaction or
part thereof.
|
|
|
|
N.B.-- The term 'unit of transaction' means the
quantity of cotton weighing approximately 4,500 kilograms.
|
|
|
(e) If relating to the purchase or sale of
bullion or specie;
|
(i) Ten paise for every unit of kilograms of
silver or part thereof.
(ii) Fifty paise for every unit of one kilogram
of gold or part thereof.
(iii) One rupee for every unit of 250 sovereigns
or part thereof.
|
|
|
(f) If relating to the purchase or sale of oil
seeds:
|
Fifty paise for every unit of 25 metric tonnes or
part thereof.
|
|
|
(i) Groundnuts ;
|
|
|
|
(ii) Linseed ;
|
|
|
|
(iii) Castor seed ;
|
|
|
|
(iv) Cotton seed ;
|
|
|
|
(g) If relating to the purchase or sale of yarn
of any kind; non-mineral oils or spices of any kind;
|
Ten paise for every Rs. 2,500 or part thereof of
the value of yarn of any kind, non-mineral oils or spices of any kind.
|
|
|
(h) If relating to the purchase or sale of
Hydro-sulphite of Soda;
|
Ten paise for every Rs. 2,500 or part thereof of
the value of Hydro-sulphite of Soda.
|
|
|
[(i) If
relating to construction of building
|
One rupee for every hundred rupees or part
thereof of the cost of the proposed construction or the value of construction
or the consideration specified in the agreement, whichever is higher.
|
|
|
Explanation.--For the purpose of this clause, "building"
includes any unit, residential, commercial, institutional, industrial or
otherwise proposed to be constructed on an undivided share of land.]
|
|
|
|
(j) If not
otherwise provided for;
|
[Twenty
rupees]
|
|
|
Exemptions.--Agreement or memorandum of agreement.-
|
|
|
|
(a) for or relating to the purchase or sale of
goods or merchandise exclusively not being an agreement or memorandum of
agreement chargeable under clause (d), clause (e), clause (f), clause (g), or
clause (h) of this article or 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.
|
|
|
[6.
|
Agreement relating to Deposit of title-deeds,
pawn or pledge, that is to say, any instrument evidencing an agreement relating
to --
|
|
|
|
(1) the deposit of title-deeds or instruments
constituting or being evidence of the title to any property whatever (other
than a marketable security); or
|
|
|
|
(2) the pawn or pledge of movable property where
such deposit, pawn or pledge has been made by way of security for the
repayment of money advanced or to be advanced by way of loan or an existing
or future debt-
|
|
|
|
(a) if such loan or debt is repayable on demand
or more than three months from the date of instrument evidencing the agreement.
|
Five rupees per every Rs. 1,000 or part thereof
of the value of the loan or debt.
[***]
|
|
|
(b) if such loan or debt is repayable within
three months from the date of such instrument.
|
Two rupees and fifty paise for every Rs. 1,000 or
part thereof of the value of the loan or debt.
|
|
|
[Explanation
-- For the purpose of this Article, notwithstanding anything contained in any
judgment, decree or order of any court or order or any authority, any letter,
note, memorandum or writing relating to the deposit of title deeds whether
written or made either before or at the time when or after deposit of title
deeds is effected, and if it is in respect of the security for any loan, such
letter, note, memorandum or writing shall be deemed to be an instrument evidencing
an agreement relating to the deposit of title deeds.]
|
|
|
7
|
Appointment in Execution of a power, whether of
trustees or of property, movable or immovable where made by any writing not
being a will.
|
[One
hundred rupees]
|
|
8
|
Appraisement or Valuation, made otherwise than
under an order of the Court in the course of a suit;
|
|
|
|
(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
|
[Forty
Rupees]
|
|
|
Exemptions. -
|
|
|
|
(a) Appraisement or valuation made for the
information or 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 of tuition of any apprentice, clerk, or servant
placed with any master to learn any profession, trade or employment.
|
[Twenty
rupees]
|
|
|
Exemption. -- Instruments of apprenticeship
executed by a Magistrate under the Apprentices Act, 1850 (Central Act XIX of
1850), or by which a person is apprenticed by, or at the charge of, any
public charity
|
|
|
10
|
Articles of association of a company
|
[Three
hundred rupees]
|
|
|
Exemption.--Articles of any association not
formed for profit and registered under the Companies Act, 1956 (Central Act 1
of 1956).
|
|
|
11
|
Articles of clerkship [Omitted by T.N. Act 24 of
1975]
|
|
|
12
|
Award, that is to say, any decision in writing by
an arbitrator or umpire, not being an award directing a partition, on a
reference made otherwise than by an order of the court in the course of a
suit --
|
|
|
|
(a) Where the amount of the value of the property
to which the award relates, as set forth in such award, does not exceed Rs.
1,000;
|
The same duty as a Bottomry Bond (No. 16) for
such amount.
|
|
|
(b) If it exceeds Rs. 1,000 but does not exceed
Rs. 5,000;
|
[Fifty
rupees]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 5,000.
|
[Two
rupees subject to a maximum of one hundred and fifty rupees]
|
|
13
|
Bill of exchange, as defined by S.2 (2) not being
a bond, bank note or currency-note.
|
|
|
|
(a) [Omitted by Indian Finance Act V of 1927]
|
|
|
|
(b) where payable otherwise than on demand --
|
|
|
|
(i) where payable not more than three months
after date or sight--
if the amount of the bill or note does not exceed
Rs. 500;
|
[One rupee
twenty-five paise.]
|
|
|
if it exceed Rs. 500 but does not exceed Rs.
1,000;
|
[Two
rupees fifty paise.]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000.
|
[Two
rupees fifty 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;
|
[Two
rupees fifty paise.]
|
|
|
if it exceeds Rs. 500 but does not exceed Rs.
1,000;
|
[Five
rupees.]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000;
|
[Five
rupees.]
|
|
|
(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;
|
[Three
rupees seventy five paise.]
|
|
|
if it exceeds Rs. 500 but does not exceed Rs.
1,000;
|
[Seven
rupees fifty paise.]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000;
|
[Seven
rupees fifty 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;
|
[Five
rupees.]
|
|
|
if it exceed Rs. 500 but does not exceed Rs.
1,000;
|
[Ten
rupees.]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000;
|
[Ten
rupees.]
|
|
|
(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;
|
[Ten
rupees.]
|
|
|
if it exceeds Rs. 500 but does not exceed Rs.
1,000;
|
[Twenty
rupees.]
|
|
|
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000
|
[Twenty
rupees.]
|
|
14
|
Bill of Lading (including a through bill of
lading)
|
[Two
rupees]
N.B.-- If a bill of lading is drawn in parts, the
proper stamp therefore must be borne by each one of the set.
|
|
|
Exemption,--
|
|
|
|
(a) Bill of lading when the goods therein
described are received at a place within the limits of any port as defined
under the Indian Ports Act, 1889; 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 and not being otherwise provided for by this Act, or by the Tamil
Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)--
|
|
|
|
where the amount or value secured does not exceed
Rs. 10;
|
Fifty paise
|
|
|
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;
|
Four rupees
|
|
|
where it exceeds Rs. 200 and does not exceed Rs.
300;
|
Six rupees
|
|
|
where it exceeds Rs. 300 and does not exceed Rs.
400;
|
Eight rupees
|
|
|
where it exceed Rs. 400 and does not exceed Rs. 500;
|
Ten rupees
|
|
|
where it exceeds Rs. 500 and does not exceed Rs.
600;
|
Fifteen rupees
|
|
|
where it exceeds Rs. 600 and does not exceed Rs.
700;
|
Seventeen rupees
|
|
|
where it exceeds Rs. 700 and does not exceed Rs.
800;
|
Twenty rupees
|
|
|
where it exceeds Rs. 800 and does not exceed Rs.
900;
|
Twenty two rupees and fifty paise
|
|
|
where it exceeds Rs. 900 and does not exceeds Rs.
1,000;
|
Twenty five rupees
|
|
|
and for every Rs. 500 or part thereof in excess
of Rs. 1,000.
|
Twelve rupees.
|
|
|
Exemption.--Bond, when executed by any person for
the purpose of guaranteeing that the local income derived from private
subscriptions to a charitable dispensary or hospital or any other object of
public utility, shall not be less than a specified sum per mensem.]
|
|
|
16
|
Bottomry Bond that is to say, any instrument
whereby master of a seagoing ship, borrows money on the security of the ship
to enable him to preserve the ship or prosecute her voyage.
|
[Four
rupees] for every Rs. 100/- or part thereof upto Rs. 1000 and
[twenty
rupees] for every Rs. 500 or part thereof in excess of Rs. 1000.
|
|
17
|
Cancellation - Instrument of (including any
instrument by which any instrument previously executed is cancelled), if
attested and not otherwise provided for.
|
[Fifty
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;
|
One rupee
|
|
|
(b) where the purchase money exceeds Rs. 10 but
does not exceed Rs. 25;
|
[Two
rupees]
|
|
|
[(bb)
where the purchase money exceeds Rs. 25 but does not exceed Rs. 50;
|
Three rupees]
|
|
|
(c) In any other case.
|
The same duty as a Conveyance (No. 23) for a
market value 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.
|
[One
rupee]
|
|
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
charter, whether it includes a penalty clause or not.
|
[Ten
rupees
|
|
20A.
|
Chit Agreement, that is an agreement relating to
a chit as defined in clause (3) of section 2 of the Tamil Nadu Chit Funds
Act, 1961, if either such agreement is executed or the chit is conducted in
the State of Tamil Nadu.
|
[Ten
rupees.]
|
|
21
|
Cheque [Omitted by Central Act 5 of 1927].
|
|
|
22
|
Composition Deed, that is to say, any instrument
executed by a debtor, whereby he conveys his property for the benefit of his
creditors, or whereby payment of a composition or dividend on their debts is
secured to the creditors, or whereby provision is made for the continuance of
the debtor's business, under the supervision of inspectors or under letters
of licence, for the benefit of his creditors.
|
[Sixty
rupees.]
|
|
23
|
Conveyance, (as defined by section 2(10)), not
being a Transfer charged or exempted under No. 62--
|
|
|
|
[(a) of
immovable property situated within the Chennai Metropolitan Planning Area and
the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirapalli and
the City of Tirunelveli.
|
[Eight
rupees] for every Rs. 100/- or part thereof of the market value of the
property which is the subject matter of conveyance;]
|
|
|
(b) of any other property,
|
[Seven
rupees] for every Rs. 100 or part thereof of the market value of the property
which is the subject matter of conveyance.
|
|
|
Explanation.--In the case of an instrument
chargeable with the same duty as a conveyance under this schedule, such
instrument shall be charged with duty;--
|
|
|
|
(a) at the rate specified in clause (a) of this
Article, if such instrument relates to immovable property situated within
the [Chennai
Metropolitan Planning Area and the Urban agglomeration of Madurai,
Coimbatore, Salem and Tiruchirappalli and the City of Tirunelvel]; and
|
|
|
|
(b) at the rate specified in clause (b) of this
article, if such instrument relates to any other property.
|
|
|
|
Exemption.--Assignment of copyright under the
Copyright Act, 1957 (Central Act 14 of 1957) section 18.
|
|
|
24
|
Copy or Extract, certified to be a true copy or
extract, by or by order of any public officer and not chargeable under the
law for the time being in force relating to court fees-
|
|
|
|
(i) if the original was not chargeable with duty,
or the duty with which it was chargeable does not exceed one rupee:
|
[Five
rupees]
|
|
|
(ii) in any other case.
|
[Twenty
rupees]
|
|
|
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, naming, 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 five rupees.
|
The same duty as is payable on the original.
|
|
|
(b) in any other case.
|
[Twenty
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 Bottomry Bond (No. 16) for
such amount.
|
|
|
(b) in any other case
|
[Forty
rupees.]
|
|
[27.
|
Debenture (whether a mortgage debenture or not),
being a marketable security transferable--
|
0.05% per year of the face value of the debenture,
subject to the maximum 0.25% or rupees twenty-five lakhs whichever is
lower.
|
|
|
(a) by endorsement or by a separate instrument of
transfer
|
|
|
|
(b) By delivery
|
|
|
|
Explanation-- The term "Debenture"
includes any interest coupons attached thereto, but the amount of such
coupons shall not be included in estimating the duty.
|
|
|
|
Exemption.--A debenture issued by an incorporated
company or other body corporate in terms of a registered mortgage deed, duly
stamped in respect of the full amount of debenture 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.]
|
|
|
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
rupee.]
|
|
29
|
Divorce -- Instrument of, that is to say, any
instrument by which any person effects the dissolution of his marriage.
|
[Twenty
five rupees]
|
|
[30
|
Entry as an Advocate, or Attorney on the Roll of
the Madras High Court, under the Indian Bar Councils Act, 1926, or in
exercise of power conferred on such Court by Letters Patent or by the Legal
Practitioners Act, 1879,--
|
|
|
|
(a) in the case of an Advocate;
|
Six hundred and twenty five rupees or if
previously enrolled as an Attorney in the same or any other High Court, three
hundred and twelve rupees, fifty paise.
|
|
|
(b) in the case of an Attorney.
|
Three hundred and twelve rupees fifty paise.
|
|
|
Exemption.-
|
|
|
|
(a) Entry as an Advocate on the roll of the
Madras High Court when he has been previously enrolled as a Vakil in the same
High Court or as an Advocate or Vakil in any other High Court.
|
|
|
|
(b) Entry as an Attorney on the roll of the
Madras High Court when he has been previously enrolled as an Advocate or
Vakil in the same High Court or as an Advocate, Vakil or Attorney in any
other High Court.]
|
|
|
31
|
Exchange of Property --Instrument of
|
[The same
duty as a Conveyance (No. 23) for a market value equal to the market value of
the property of greater value which is the subject matter of exchange.]
|
|
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 40 (that is with possession)
|
The same duty as a Conveyance (No. 23) for
a [market
value] equal to the amount of the further charge secured by such instrument
|
|
|
(b) when such mortgage is one of the description
referred to in clause (b) of Article 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 [market
value] equal to the 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 Bottomry Bond (No. 16) 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 market value equal to the market value of
the property which is the subject matter of gift.]
|
|
[34
|
Indemnity -- Bond
|
The same duty as Security Bond (No. 57) for the
same amount.]
|
|
[35
|
Lease, including an under lease or sub-lease and
any agreement to let or sub-let-
|
|
|
|
(a) where the period of lease is below thirty
years.
|
One rupee for every Rs. 100 or part thereof of
the amount of rent, fine, premium or advance, if any, payable;
|
|
|
(b) where the period of lease is thirty years and
above and upto ninety nine years.
|
Four rupee for every Rs. 100 or part thereof of
the amount of rent, fine, premium or advance, if any, payable;
|
|
|
(c) where the period of lease is above
ninety-nine years.
|
[Seven
rupees] for every Rs. 100 or part thereof of the amount of rent, fine,
premium or advance, if any, payable:
|
|
|
|
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 twenty rupees.]
|
|
|
Exemption -- Lease executed in the case of
cultivator and for the purposes of cultivation (including a lease of trees
for the production of food or drink), without the payment or delivery of any
fine or premium when a definite term is expressed and such term does not
exceed one year, or when the average annual rent reserved does not exceed one
hundred rupees.
|
|
|
|
Explanation -- When a lessee undertakes to pay
any recurring charge, such as Government revenue, the landlord's share of
cesses or the owner's share of the municipal rates or taxes, which is by law
recoverable from the lessor, the amount so agreed to be paid by the lessee
shall be deemed to be part of the rent.
|
|
|
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.
|
[One
rupee]
|
|
37
|
Letter of Credit, that is to say, any instrument
by which one person authorises another to give credit to the person in whose
favour it is drawn.
|
[Two
rupees]
|
|
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.
|
[Sixty
rupees]
|
|
39
|
Memorandum of Association of a Company --
|
|
|
|
(a) if accompanied by Articles of Association
under the Companies Act, 1956 (Central Act 1 of 1956);
|
[Two
hundred rupees]
|
|
|
(b) if not so accompanied
|
[Five
hundred rupees.]
|
|
|
Exemption.--Memorandum of any association not
formed for profit and registered under the Companies Act, 1956 (Central Act 1
of 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;
|
[The same
duty as a Conveyance (No. 23)] for a market value equal to the amount secured
by such deed.
|
|
|
(b) when possession is not given or agreed to be
given as aforesaid;
|
[The same
duty as a Bottomry Bond (No. 16)] for the amount secured by such deed.
|
|
|
Exemption.-
|
|
|
|
A mortgagor who gives or has given to the
mortgagee a power-of-attorney to collect rents, or gives or has given to the
mortgagee a lease of the property mortgaged or part thereof, is deemed to
give possession thereof within the meaning of this article.
|
|
|
|
(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 fifty paise
|
|
|
and for every Rs. 1,000/- or part thereof secured
in excess of Rs. 1,000/-
|
Two rupees fifty paise
|
|
|
Exemptions.-
|
|
|
|
(1) Instruments executed by persons taking
advances under the Land Improvement Loans Act, 1883 (Central Act XIX of 1883)
or the Agriculturists Loans Act, 1884 (Central Act XII of 1884), or by their
sureties, as security for the repayment of such advances.
|
|
|
|
(2) Letter of hypothecation accompanying a bill
of exchange.
|
|
|
[41
|
Mortgage of a Crop, including any instrument
evidencing an agreement to secure the re?payment of a loan made upon any
mortgage of a crop, whether the crop is or is not in existence at the time of
the mortgage --
|
|
|
|
(a) When the loan is repayable not more than
three months from the date of the instrument --
|
|
|
|
For every sum secured not exceeding Rs. 200;
|
Fifty paise.
|
|
|
and for every Rs. 200 or part thereof secured in
excess of Rs. 200.
|
Fifty paise.
|
|
|
(b) When the loan is repayable more than three
months, but not more than eighteen months from the date of the instrument --
|
|
|
|
for every sum secured not exceeding Rs. 100;
|
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 Public.
|
[Ten
rupees]
|
|
[43
|
Note or Memorandum sent by a Broker or Agent to
his principal intimating the purchase or sale on account of such principal --
|
|
|
|
(a) of any goods exceeding in value twenty
rupees;
|
One rupee
|
|
|
(b) of any stock or marketable security exceeding
in value twenty rupees.
|
Subject to a maximum of fifty rupees, forty paise
for every Rs. 10,000 or part thereof of the value of the stock or security.]
|
|
44
|
Note of Protest by the Master of a ship
|
[Five
rupees.]
|
|
[45
|
Partition-Instrument of as defined by Section
2(15).]
|
|
|
|
(a) if the instrument of partition is among
family members.
|
One rupee
for every Rs. 100 or part thereof of the market value of the property which
is under [partition]
|
|
|
(b) in any other case
|
The same duty as a Bottomry Bond (No. 16) for the
amount of the value of the separated share or shares of the property:
|
|
|
|
Provided that -
|
|
|
|
(a) When an instrument of partition containing an
agreement to divide property in severalty is executed and a partition is
effected in pursuance of such agreement, the duty chargeable upon the
instrument, effecting such partition shall be reduced by the amount of duty
paid in respect of the first instrument but shall not be less than twenty
rupees;
|
|
|
|
(b) where the land is held on Revenue settlement
and paying the full assessment or is an Inam land assessed under the Tamil
Nadu Inams (Assessment) Act, 1956 (Tamil Nadu Act XL of 1956) the value for
the purpose of duty shall be calculated at twenty five times the annual
revenue;
|
|
|
|
(c) Where a final order for effecting a partition
passed by any Revenue Authority or any Civil Court or an award by an
arbitrator directing a partition, is stamped with the stamp required for an
instrument of partition, and an instrument of partition in pursuance of such
order or award is subsequently executed, the duty on such instrument shall
not exceed twenty rupees.
|
|
|
Explanation -- or the purpose of this Article,
the Word "Family" shall have the same meaning a defined in the
Explanation to Article 58.
|
|
|
46
|
Partnership -
|
|
|
|
A. Instrument of--
|
|
|
|
(a) where the capital of the partnership does not
exceed Rs. 500;
|
[Fifty
rupees]
|
|
|
(b) in any other case
|
[Three
hundred rupees]
|
|
|
[B.
Dissolution of-
|
|
|
|
(i) when such dissolution involves partition of
immovable properties of a firm among the partners, who are not family
members;
|
(a) [Seven
rupees] for every Rs. 100/- or part thereof of the market value of the
immovable property dealt with in such deed of dissolution, when such property
is situated within the Chennai Metropolitan Planning Area and the Urban
agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City
of Tirunelveli.
|
|
|
|
(b) [Twelve
rupees] for every Rs. 100/-or part thereof the market value of the immovable
pro?perty dealt with in such deed of dissolution when such property is
situated in other areas.
|
|
|
(ii) when such dissolution involves partition of
immovable properties of the firm among the partners who are family members or
when such dissolution involves partition of movable properties.
|
[One rupee
for every rupees hundred or part thereof of the market value of the property
which is under [partition.]]
|
|
|
Explanation.-- For the purpose of this Article,
the word "family" shall have the same meaning as defined in the
Explanation to Article 58.
|
|
|
|
(iii) in any other case
|
One hundred rupees.]
|
|
[47
|
Policy of Insurance --
A -- Sea-Insurance
|
If drawn singly
|
If drawn in duplicate for each part
|
|
|
(See section 7)
|
|
|
|
|
(1) for or upon any voyage --
|
|
|
|
|
(i) where the premium or consideration does not
exceed the rate of one-eighth per centum of the amount insured by the policy;
|
[Ten
paise]
|
Five paise
|
|
|
(ii) in any other case, in respect of every full
sum of one thousand five hundred rupees and also any fractional part of one
thousand five hundred rupees insured by the policy
|
[Ten
paise]
|
Five paise
|
|
|
(2) for time --
|
|
|
|
|
(iii) in respect of every full sum of one
thousand rupees and also any fractional part of one thousand rupees insured
by the policy --
|
|
|
|
|
where the insurance shall be made any time not
exceeding six months.
|
[Fifteen
paise]
|
Ten paise
|
|
|
where the insurance shall be made any time not
exceeding six months and not exceeding twelve months.
|
[Twenty-five
paise]
|
Fifteen paise
|
|
|
B -- Fire Insurance and other classes of
Insurance, not elsewhere included in this article covering goods,
merchandise, personal effects, crops and other property against loss or
damage --
|
|
|
|
(1) in respect of an original policy --
|
|
|
|
(i) when the sum insured does not exceed Rs.
5,000;
|
[Fifty
paise]
|
|
|
(ii) in any other case.
|
[One
rupee]
|
|
|
(2) in respect of each receipt for any payment of
a premium on any renewal of an original policy.
|
One-half of the duty payable in respect of the
original policy in addition to the amount, if any, chargeable under No. 53.
|
|
|
C -- Accident and Sickness Insurance--
|
|
|
|
(a) against railway accident, valid for a single
journey only.
|
[Ten
paise]
|
|
|
Exemption.-- When issued to a passenger
travelling by the intermediate or the third class in any railway.
|
|
|
|
(b) in any other case -- for the maximum amount
which may become payable in the case of any single accident or sickness where
such amount does not exceed Rs. 1,000 and also where such amount exceeds Rs.
1,000 for every Rs. 1,000 or part thereof.
|
[Fifteen
paise :]
Provided that, in case of a policy of insurance
against death by accident when the annual premium payable does not exceed Rs.
2.50 per Rs. 1,000, the duty on such instrument shall be [ten
paise] for every Rs. 1,000 or part thereof of the maximum amount which may
become payable under it.
|
|
|
CC -- Insurance by way of indemnity against
liability to pay damages on account of accidents to workmen employed by or
under the insurer or against liability to pay compensation under the
Workmen's Compensation Act, 1923, for every Rs. 100 or part thereof payable
as premium.
|
[Ten
paise.]
|
|
|
D -- Life Insurance or Group Insurance or other
insurance not specifically provided for, except such re-insurance as is
described in Division E of this article --
|
If drawn singly
|
If drawn in duplicate for each part
|
|
|
(i) for every sum insured not exceeding Rs. 250;
|
[Fifteen
paise
|
Ten paise]
|
|
|
(ii) for every sum insured exceeding Rs. 250 but
not exceeding Rs. 500;
|
[Twenty
five paise
|
Fifteen paise]
|
|
|
(iii) for every sum insured exceeding Rs. 500 but
not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in
excess of Rs. 1.000.
|
[Forty
paise
|
Twenty paise]
|
|
|
|
N.B. -- If a policy of group insurance is renewed
or otherwise modified whereby the sum insured exceeds the sum previously
insured on which stamp duty has been paid, the proper stamp must be borne on
the excess sum so insured.
|
|
|
Exemption.--
Policies of life-insurance granted by the
Director -General of Post Offices in accordance with rules for Postal Life
Insurance issued under the authority of the Central Government.
|
|
|
|
E -- Re-insurance by an Insurance Company, which
has granted a policy of the nature specified in Division A or Division B of
this Article, with another company by way of indemnity or guarantee against
the payment on the original insurance of a certain part of the sum insured
thereby.
|
One quarter of the duty payable in respect of the
original insurance but not less than [ten
paise] or more than [one
rupee]:
|
|
|
|
Provided that if the total amount of duty payable
is not a multiple of five paise, the total amount shall be rounded off to the
next higher multiple of five paise.
|
|
|
General Exemption -- Letter of cover or
engagement to issue of policy of insurance:
|
|
|
|
Provided that, unless such letter or engagement
bears the stamp prescribed by this Act for such policy, nothing shall be
claimable thereunder, nor, shall it be available for any purpose, except to
compel the delivery of the policy therein mentioned.]
|
|
|
48
|
Power of Attorney as defined by section 2(21) not
being a proxy --
|
|
|
|
(a) when executed for the sole purpose of procuring
the registration of one of more documents in relation to a single transaction
or for admitting execution of one or more such documents;
|
[Five
rupees]
|
|
|
(b) when authorising one person or more to act in
single transaction other than the case mentioned in clause(a);
|
[Fifteen
rupees]
|
|
|
(c) when authorising not more than five persons
to act jointly and severally in more than one transaction or generally;
|
[One
hundred rupees]
|
|
|
(d) when authorising more than five but not more
than ten persons to act jointly and severally in more than one transaction or
generally;
|
[One
hundred and seventy five rupees]
|
|
|
(e) when given for consideration and authorising
the attorney to sell any immovable property;
|
[The same
duty as a Conveyance (No. 23)] for the market value equal to the amount of
the consideration.
|
|
|
(f) in any other case.
|
[Twenty
rupees] for each person authorised.
|
|
|
Note.-- The term "registration"
includes every operation incidental to registration under the Registration
Act, 1908 (Central Act XVI of 1908.
|
|
|
|
Explanation.-- For the purposes of this article,
more persons than one when belonging to the same firm shall be deemed to be
one person.
|
|
|
[49
|
Promissory Note as defined by Section 2(22)--
|
|
|
|
(a) When payable on demand --
|
|
|
|
(i) When the amount or value does not exceed Rs.
250;
|
[Ten
paise]
|
|
|
(ii) When the amount or value exceeds Rs. 250 but
does not exceed Rs. 1,000;
|
[Fifteen
paise]
|
|
|
(iii) in any other case;
|
[Twenty-five
paise]
|
|
|
[(b) when
payable otherwise than on demand.
|
One-Fifth of the duty as applicable to Bill of
Exchange (No. 13) for the same amount payable otherwise than on demand.]
|
|
50
|
Protest of Bill or Note, that is to say, any
declaration in writing made by a Notary Public, or other person lawfully
acting as such, attesting the dishonour of a Bill of Exchange or promissory
note.
|
[Ten
rupees]
|
|
51
|
Protest by the Master of a Ship, that is to say,
any declaration of the particulars of her voyage drawn by him with a view to
the adjustment of losses or the calculation of averages, and every
declaration in writing made by him against the charterers or the consignees
for not loading or unloading the ship, when such declaration is attested or
certified by a Notary Public or other person lawfully acting as such.
|
[Ten
rupees]
|
|
52
|
Proxy, empowering any person to vote at any one
election of the members of a district or local board or of a body of
municipal commissioners, or at any one meeting of;
(a) members of an incorporated company or other
body corporate whose stock or funds is or are divided into shares and
transferable,
(b) a local authority, or
(c) proprietors, members or contributors to the
funds of any institution.
|
[Thirty
paise]
|
|
53
|
Receipt, as defined by section 2(23) for any
money or other property, the amount or value of which exceeds [five
thousand rupees.]
|
[One
rupee]
|
|
|
Exemptions.--
|
|
|
|
Receipt-
|
|
|
|
(a) endorsed on or contained in any instrument
duly stamped, or any instrument exempted under the proviso to section 3
(instruments executed on behalf of the Government) or any cheque or bill of
exchange payable on demand acknowledging the receipt of the
consideration-money therein expressed, or the receipt of any principal money,
interest or annuity or other periodical payment thereby secured;
|
|
|
|
(b) for any payment of money without
consideration;
|
|
|
|
(c) for any payment of rent by a cultivator on
account of land assessed to Government revenue, or in the States of Tamil
Nadu, Bombay and Andhra as they exited immediately before the 1st November,
1956 of Inam Lands;
|
|
|
|
(d) for pay or allowances, by non-commissioned or
petty officers, soldiers, sailors or airmen of the Indian military, Naval or
Air Forces, when serving in such capacity or by mounted police-constables;
|
|
|
|
(e) given by holders of family certificates in
cases where the person from whose pay or allowances the sum comprised in the
receipt has been assigned is a non?commissioned or petty officer, soldier,
sailor, or airmen of any of the said force, and serving in such capacity;
|
|
|
|
(f) for pensions for allowances by persons
receiving such pensions or allowances in respect of their service as such
non-commissioned or petty officers, soldiers, sailors or airmen and not
serving the Government in any other capacity;
|
|
|
|
(g) given by a headman or lambardar for land
revenue or taxes collected by him;
|
|
|
|
(h) given for money or securities for money
deposited in the hands of any banker, to be accounted for:
|
|
|
|
Provided that the same is not expressed to be
received of, or by the hands of, any other than the person to whom the same
is to be accounted for:
|
|
|
|
Provided also that this exemption shall not
extend to a receipt or acknowledgement for any sum paid or deposited for, or
upon a letter of allotment of a share, or in respect of a call upon any scrip
of 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.
|
|
|
54
|
Reconveyance of Mortgaged Property --
|
|
|
|
(a) if the consideration for which the property
was mortgaged does not exceed Rs. 1,000;
|
The same duty as a Conveyance (No. 23) for a
market value equal to the amount of such con?sideration as set forth in the
reconveyance.
|
|
|
(b) in any other case. --
|
|
|
|
[(i) if
the reconveyance relates to immovable property situated within the Chennai
Metropolitan Planning Area and the Urban agglomeration of Madurai,
Coimbatore, Salem and Tiru-chirapalli and the City of Tirunelveli;
|
Eighty rupees.]
|
|
|
(ii) if the reconveyance relates to any other
property.
|
[Seventy
rupees.]
|
|
55
|
A. Release of that is to say any instruments (not
being such a release as is provided for by section 23-A) or a [release
referred to in clauses B,C and D of this Article] whereby a person renounces
a claim upon another person or against any specified property.
|
[One rupee
for every Rs. 100 or part thereof of the market value of the property which
is under [release.]]
|
|
|
B. Release of Benami Right, in favour of real
owner --
|
|
|
|
[(a) of
immovable property situated within the Chennai Metropolitan Planning Area and
the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirapalli and
the City of Tirunelveli.
|
[Thirteen
rupees] for every Rs. 100/-or part thereof of the market value of the
property which is the subject matter of release.]
|
|
|
(b) of immovable property situated in any other
area;
|
[Twelve
rupees] for every Rs. 100/- or part thereof of the market value of the
property which is the subject matter of release.
|
|
|
(c) of any other property
|
Seven rupees for every Rs. 100 or part thereof of
the market value of the property which is the subject matter of release.
|
|
|
C. [Release
of Right in favour of Co-owner, that is to say, any instrument whereby a
co-owner of a property renounces his claim in favour of [another
co-owner who is not a family member,] on any specified property over which
they have common right: --
|
|
|
|
(i) if it relates to immovable property situated
with the Chennai Metropolitan Planning Area or the Urban agglomeration of
Madurai, Coimbatore, Salem and Tiruchirappalli and the City of Tirunelveli.
|
[Thirteen
rupees] for every Rs. 100/-or part thereof of the market value of the
property which is the subject matter of release.
|
|
|
(ii) if it relates to immovable property situated
in any other area.
|
[Twelve
rupees] for every Rs. 100/-or part thereof of the market value of the
property which is the subject matter of releases.
|
|
|
(iii) if it relates to any other property.
|
Seven rupees for every Rs. 100/- or part thereof
of the market value of the property which is the subject matter of release.
|
|
|
D. Release of right in favour of partner
|
|
|
|
(i) A release of right by a partner or partners
in favour of other partners relinquishing his or their rights over the
immovable property when the release is between family members who constitute
the partnership or when the property is movable property.
|
Three rupees for every Rs. 100/- or part thereof
of the market value of the immovable property which is the subject matter of
release.
|
|
|
(ii) when such release is between partners who
are not family members.
|
(a) [Rupees
thirteen] for every Rs. 100/- or part thereof the market value of the
immovable property which is the subject matter of release when such property
is situated within the Chennai Metropolitan Planning Area and the Urban
agglomeration of Madurai, Coimbatore, Salem and Tiruchirappalli and the City
of Tirunelveli.
|
|
|
|
(b) [Twelve
rupees] for every Rs. 100/- or part thereof of the market value of the
immovable property which is the subject matter of release, when such property
is situated in other areas.
|
|
|
Explanation. -- For the purpose of this Article,
the word "family" shall have the same meaning as defined in the
Explanation to Article 58.]
|
|
|
[56
|
Respondentia Bond, that is to say, any instrument
securing a loan on the cargo laden or to be laden on board a ship and making
repayment contingent on the arrival of the cargo at the port of destination.
|
The same duty as a Bottomry Bond (No. 16) for the
amount of the loan secured.]
|
|
[57
|
Security Bond or Mortgage Deed executed by way of
security for the due execution of an office, or to account for money or other
property received by virtue thereof, or executed by a surety to secure the
due performance of a contract --
|
|
|
|
(a) when the amount secured, does not exceed Rs.
1,000;
|
The same duty as a Bottomry Bond (No. 16) for the
amount secured.
|
|
|
(b) in any other case.
|
[Eighty
rupees]
|
|
|
Exemptions. --
|
|
|
|
Bond or other instruments, when executed--
|
|
|
|
(a) by any person for the purpose of guaranteeing
that the local income derived from private subscriptions to a charitable
dispensary or hospital, or any other object of public utility, shall not be
less than a specified sum per mensum;
|
|
|
|
(b) executed by persons taking advances under the
Land Improvement Loans Act, 1883 (Central Act XIX of 1883), or the
Agriculturists Loans Act, 1884 (Central Act XII of 1884), or by their
sureties, as security for the repayment of such advances;
|
|
|
|
(c) executed by officers of the Government or
their sureties to secure the due execution of an office or the due accounting
for money or other property received by virtue thereof.]
|
|
|
[58
|
Settlement-
|
|
|
|
(a) instrument of (including a deed of a dower)
--
|
|
|
|
(i) if the instrument of settlement is in favour
of a member or members of a family;
|
[One rupee
for every Rs. 100 or part thereof of the market value of the property which
is under [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 [twenty
rupees].
|
|
|
|
Explanation.-- For the purpose of this Article,
the word "family" means father, mother, husband, wife, son,
daughter, [grandchild,
brother or sister]. In the case of any one whose personal law permits
adoption, "father" shall include an adoptive father
"mother" an adoptive mother, "son" an adopted son and
"daughter" an adopted daughter.
|
|
|
|
(ii) in any other case--
|
|
|
|
[(A) of
immovable property situated within the Chennai Metropolitan Planning Area and
the Urban agglomeration of Madurai, Coimbatore, Salem and Tiruchirapalli and
the City of Tirunelveli.
|
[Thirteen
rupees] for every Rs. 100/-or part thereof of the market value of the
property which is the subject matter of settlement.]
|
|
|
(B) of immovable Property situated in other
areas;
|
[Twelve
rupees] for every Rs. 100 or part thereof of the market value of the property
which is the subject matter of settlement.
|
|
|
(C) of any other property.
|
Seven rupees for every Rs. 100 or part thereof of
the market value of the property which is the subject matter of settlement.
|
|
|
Exemption.--
|
|
|
|
Deed of dower executed on the occasion of a
marriage between Muhammadans.
|
|
|
|
(b) Revocation of -
|
The same duty as Bottomry Bond (No. 16) for a sum
equal to the amount of value of the property con?cerned as set forth in the
instrument of Revocation but not exceeding [eighty
rupees.]
|
|
59
|
Share Warrants to bearer issued under the Companies
Act, 1956 (Central Act 1 of 1956).
|
[Nine
rupees for every Rs. 100 or part thereof of the nominal amount of the shares
specified in the warrant.]
|
|
|
Exemption.-- Share warrant when issued by a
company in pursuance of the Companies Act, 1956 (Central Act 1 of 1956), to
have effect only upon payment, as composition for that duty, to the Collector
of Stamp Revenue, of--
|
|
|
|
(a) one and a half per centum of the whole
subscribed capital of the company, or
|
|
|
|
(b) if any company which has paid the said duty or
composition in full, subsequently issues an addition to its subscribed
capital one and a half per centum of the additional capital so issued.
|
|
|
60
|
Shipping Order for or relating to the conveyance
of goods on board of any vessel.
|
[One
rupee]
|
|
61
|
Surrender of lease --
|
|
|
|
(a) when the duty with which the lease is
chargeable does not exceed [thirty
rupees];
|
The duty with which such lease is chargeable.
|
|
|
(b) in any other case.
|
[Forty
rupees.]
|
|
|
Exemption.-- Surrender of lease, when lease is
exempted from duty.
|
|
|
62
|
Transfer whether with or without consideration --
|
|
|
|
(a) of shares in an incorporated company or other
body corporate;
|
[Fifty
paise] for every hundred rupees or part thereof of the value of the share.
|
|
|
(b) of debentures, being marketable securities
whether the debenture is liable to duty, or not except debentures provided
for by section 8;
|
One rupee, for every hundred rupees or part
thereof 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 forty rupees;
|
The duty with which bond, mortgage deed or policy
of insurance is chargeable.
|
|
|
(ii) in any other case;
|
[Forty
rupees.]
|
|
|
(d) of any property under the Administrator
General's Act, 1913 (Central Act III of 1913), section 25;
|
[Fifty
rupees.]
|
|
|
(e) of any trust property from one trustee to
another trustee or from a trustee to a beneficiary.
|
[Thirty
rupees] or such smaller amount as may be chargeable under clauses (b) and (c)
of this article.
|
|
|
Exemptions.--
|
|
|
|
Transfers by endorsement --
(a) of a bill of exchange, cheque or promissory
note;
(b) of a bill of lading, delivery order, warrant
for goods or other mercantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government. See
also section 8.
|
|
|
63
|
Transfer of lease by way of assignment and not by
way of under lease.
|
The same duty as a Conveyance (No. 23) for
a [market
value] equal to the amount of the consideration for the transfer.
|
|
|
Exemption.-- Transfer of any lease exempt from
duty.
|
|
|
64
|
Trust-
|
|
|
|
(a) Declaration of -- of or concerning any
property when made by any writing not being a Will;
|
The same duty as a Bottomry Bond (No. 16) for a
sum equal to the amount or value of property concerned, as set forth in the
instrument but not exceeding [one hundred
and eighty rupees.]
|
|
|
(b) Revocation of -- of, or concerning, any
property when made by any instrument other than a Will.
|
The same duty as a Bottomry Bond (No. 16) for a
sum equal to the amount or value of the property concerned, as set forth in
the instrument but not exceeding [one
hundred and twenty rupees.]
|
|
65
|
Warrant for Goods that is to say, any, instrument
evidencing the title of any person therein named, or his assigns, or the
holder thereof, to the property in any goods lying in or upon any dock,
warehouse or wharf, such instrument being signed or certified by or on behalf
of the person in whose custody such goods may be.
|
[Five
rupees]
|
|
|
Schedule 1-A.-- Stamp duty on certain instruments
under the Madras Stamp (Amendment) Act, 1922 omitted by section 16 of the
Indian Stamp (Madras Amendment) Act, 1958 (Madras Act XIV of 1958).
|
|
|
|
Schedule II.-- (Enactments repealed) Repealed by
section 3 and Schedule II of the Repealing and Amending Act, 1914 (X of
1914).
|
|
[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]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[31]
Inserted
by the Indian Stamp (Tamil Nadu Amendment) Act, 1998.
[32]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[33]
?Inserted by Indian Stamp (Tamil Nadu
Amendment) Act, 1971 (Act 03 of 1972).
[34]
Inserted
by the Indian Stamp (Tamil Nadu Amendment) Act, 1973.
[35]
Inserted
by Indian Stamp (Tamil Nadu Second Amendment) Act, 1975.
[36]
Inserted
by the Finance Act, 2019, w.e.f. 01.07.2020.
[37]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[38]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[39]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[40]
Inserted by the Enforcement
of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions
(Amendment) Act, 44 of 2016, pub. in T.N.G. Gaz., Issue No. 50, dated
21-12-2016, w.e.f. 01-09-2016.
[41]
Inserted by the Enforcement
of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions
(Amendment) Act, 44 of 2016, pub. in T.N.G. Gaz., Issue No. 50, dated
21-12-2016, w.e.f. 01-09-2016.
[42]
Section
9 re-numbered as sub-section (1) of that section by the A. O. 1950.
[43]
Substituted
by the A. O. 1937 for "The G. G. in C. "
[44]
The
word "collecting" omitted by the A. O. 1950.
[45]
Substituted
by the A. O. 1937 for "British India".
[46]
Inserted
vide Finance ( No.2) Act 2004
[47]
Inserted
by Act 32 of 1994 w. e. f. 13-5-1994.
[48]
Inserted
by the A.O. 1950.
[49]
Substituted
for the words "Seventh Schedule to the Constitution" by
the Finance Act, 2006.
[50]
Substituted
by Act 21 of 2006.
[51]
Inserted
by Indian Stamp (Tamil Nadu Fourth Amendment) Act, 2012 (Act 16 of
2013).
[52]
Substituted
by Act 19 of 1958, Section 2, for "With the duty of one anna or half an
anna" w. e. f. 1-10-1958.
[53]
The
word "cheques" omitted by Act 5 of 1927. Section 5.
[54]
Substituted
by Act 43 of 1955, Section 2, for "the States" w. e. f.
1-4-1956.
[55]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[56]
Substituted
by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.
[57]
Inserted
by Act 5 of 1927, Section 5.
[58]
The
word "cheque" omitted by Act 5 of 1927, Section 5.
[59]
Substituted
by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.
[60]
Substituted
by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.
[61]
The
word "cheque" omitted by Act 5 of 1927, Section 5.
[62]
Substituted
by Act 43 of 1955, Section 2, for "the States" w. e. f 1-4-1956.
[63]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[64]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[65]
Inserted
by Indian Stamp (Tamil Nadu Amendment) Act, 1992 (Act 43 of 1992).
[66]
Substituted
vide Indian Stamp (Tamil Nadu Amendment) Act, 1999.
[67]
Inserted
by Act 15 of 1904, Section 3.
[68]
Substituted
by Act 1 of 1912, Section 3, for "Articles No. 5(b).''
[69]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[70]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[71]
Substituted
by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[72]
Omitted
by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[73]
Inserted
by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[74]
Substituted
by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[75]
Substituted
by Act 15 of 1904, Section 5, for "No. 6. (Agreement to
Mortgage)".
[76] Omitted by the Finance Act, 2019,
w.e.f. 01.07.2020, the previous text was:-
"No. 27 (Debenture),"
[77] Omitted by the Finance Act, 2019,
w.e.f. 01.07.2020, the previous text was:-
"No. 62 (a). (Transfer of shares in an incorporated Company or other
body corporate),"
[78] Omitted by the Finance Act, 2019,
w.e.f. 01.07.2020, the previous text was:-
"No. 62 (b). (Transfer of debentures, being marketable securities,
whether the debenture is liable to duty or not, except debentures provided for
by section 8),"
[79]
Substituted
by Act 5 of 1906, Section 4, for the original Clause (b).
[80]
Inserted
by the Finance Act, 2019, w.e.f. 01.07.2020.
[81]
Omitted
by the Finance Act, 2019, w.e.f. 01.07.2020, the previous text
was:-
[82]
Inserted
by the Finance Act, 2019, w.e.f. 01.07.2020.
[83]
Omitted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[84]
Substituted
by Act 19 of 1958 Section for "eight annas" w.e.f. 01.10.1958.
[85]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[86]
Substituted
by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-956.
[87]
Substituted
by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.
[88]
Substituted
by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.
[89]
Substituted
by Act 19 of 1958, Section 4, for "with the duty of one anna or half an
anna." w.e.f. 1-10-1958.
[90]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[91]
Substituted
by Act 43 of 1955, Section 2, for "the States" w.e.f. 1-4-1956.
[92]
Now see
the Code of Criminal Procedure, 1973 (2 of 1974).
[93]
Substituted
by the A.O. 1937, for "the G.G. in C."
[94]
?Substituted by the A.O. 1950 for
"collecting Government".
[95]
Substituted
by the A.O. 1937, for "the G.G. in C."
[96]
Substituted
by the A.O. 1950, for "collecting Government."
[97]
Sub-section
(1) shall be Inserted and Sub-section (2) shall be Substituted by Indian Stamp
(Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[98]
Inserted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
1987 (Act 38 of 1987).
[99]
Substituted
by Act 21 of 2006, Section 69 for the words "not being an
instrument chargeable [with a duty not exceeding ten naye paise] only, or
a bill of exchange or promissory note, shall, subject to all just
exceptions," by the Finance Act, 2006 (w.e.f. 18.04.2006.)
[100]
Substituted
by the A.O. 1937, for "the Government".
[101]
Substituted
by the A.O. 1950, for "Crown."
[102]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[103]
Substituted
by Act 9 of 1958, Section 6, for "with a duty of one anna or half an
anna," w.e.f.1-10-1958.
[104]
Inserted
by Act 15 of 1904.
[105]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[106]
Substituted
by Act 9 of 1958, Section 6, for "with a duty of one anna or half an
anna," w.e.f. 1-10-1958.
[107]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
[108]
Substituted by Indian Stamp
(Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[109]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[110]
Substituted
by Act 19 of 1958, Section 7, for "with the duty of one anna"
w.e.f.1-10-1958.
[111]
Substituted
by Act 5 of 1927, Section 5, for note or cheque.
[112]
Substituted
by Act 5 of 1927, Section 5, for note or cheque.
[113]
Substituted
by Act 5 of 1927, Section 5, for note or cheque.
[114]
Inserted
by Indian Stamp (Tamil Nadu Amendment) Act, 1967 (Act 24 of 1967).
[115]
Substituted
by Indian Stamp (Tamil Nadu Amendment) Act, 1981 (Act 42 of 1981).
[116]
Inserted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
1987 (Act 38 of 1987).
[117]
Sub-section
(1), (2), (3) and (4) shall be Substituted and Sub-section (5) shall be Added
and Sub-section (6) and (10) shall be Inserted and Explanation shall be Omitted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
2006 (Act 13 of 2008).
[118]
Inserted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
2006 (Act 13 of 2008).
[119] Substituted by the Indian Stamp (Tamil Nadu
Amendment) Act, 1998.
[120] Section 47-A was inserted by T.N. Act 24 of 1967.
[121]
Substituted
by Act 19 of 1958, Section 7, for "with the duty of one anna"
w.e.f.1-10-1958.
[122] Substituted by Act 5 of 1927, Section
5, for "promissory note or cheque."
[123] Substituted by Act 5 of 1927, Section
5, for "promissory note or cheque."
[124]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[125]
Substituted
by Act 19 of 1958, Section 7, for "with the duty of one anna"
w.e.f.1-10-1958.
[126]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[127]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[128]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[129]
Substituted
by Act 19 of 1958, Section 7, for "with the duty of one anna"
w.e.f.1-10-1958.
[130]
Substituted
by Act 5 of 1927, Section 5, for note or cheque.
[131]
Substituted
by Act 19 of 1958, Section 7, for "with the duty of one anna" w.e.f.1-10-1958.
[132]
Substituted
by Act 5 of 1927, Section 5, for "promissory note or
cheque."
[133]
Substituted by Act 9 of
1958, Section 8, for "one anna" w.e.f. 1-10-1958.
[134]
Substituted by Indian Stamp
(Madras Amendment) Act, 1958 (Act 14 of 1958).
[135]
Substituted
by Act 9 of 1958, Section 8, for "one anna" w.e.f. 1-10-1958.
[136]
Substituted
by Indian Stamp (Madras Amendment) Act, 1958 (Act 14 of 1958).
Clause (i) was substituted by T.N. Act 18 of 2013,
w.e.f. 01-10-2013 for the following : -
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"[(i) If relating to construction of a house or building
including the multi-unit house or building by the vendor on land sold by such
vendor and containing sti?pulation that such land toge?ther with such house
or build?ing or multi-unit house or bui?lding so constructed shall be held
either individually or jointly by the vendee of such land, --
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(i) When the land is situated within the cities of Chennai, Madurai
and Coimbatore and Municipal Towns of Salem and Tiruchirapalli;
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[Thirteen rupees] for every Rs. 100 or part thereof of the cost of the
proposed construction of house or building or of any flat or apartment within
such multiunit house or building, which is the sub?ject matter of the
agreement.
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(ii) When the land is situated in any other area.
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[Twelve rupees] for every Rs.100 or part thereof of the cost of the
proposed construction of house or building or any flat or apartment within
such multi-unit house or building, which is the subject matter of the
agreement.
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Explanation,-- For the purpose of this clause.-
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(i) "multi-unit house or building" shall mean only block or
building having not less than five floors, flats or apartments as the case
may be.
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(ii) "cost of the proposed construction" means the cost as
mentioned in the agreement or the cost as adopted for the purpose of
estimation by the Public Works Department of the Government for the area
concerned, whichever is higher and for this purpose a certificate from the
Assistant Engineer of the Public Works department of the Government of the
area concerned regarding the cost of the proposed construction shall be
attached along with the agreement for the purpose of execution. Such
certificate shall be conclusive proof of the cost of the proposed
construction."
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Art. 27 was subs, by S.O. 2189(E), Ministry of
Finance (Dept. of Revenue) dt. 12-9-2008, pub. in Gaz. of India, Extra., Pt.
II, S.3(ii), dt. 12-09-2008. for the following :-
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"[27
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Debenture (whether a mortgage debenture or not), being a marketable
security transferable-
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(a) by endorsement or by a separate instrument of transfer --
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where the amount or value does not exceed Rs. 10.
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[Twenty paise.]
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where it exceeds Rs. 10 and does not exceed Rs. 50.
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[Forty paise.]
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where it exceeds Rs. 50 and does not exceed Rs. 100
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[Seventy-five paise]
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where it exceeds Rs. 100 and does not exceed Rs. 200
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[One rupee fifty paise]
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where it exceeds Rs. 200 and does not exceed Rs. 300
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[Two rupees twenty-five paise]
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where it exceeds Rs. 300 and does not exceed Rs. 400
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[Three rupees]
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where it exceeds Rs. 400 and does not exceed Rs. 500
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[Three rupees seventy-five paise]
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where it exceeds Rs. 500 and does not exceed Rs. 600
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[Four rupees fifty paise]
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where it exceeds Rs. 600 and does not exceed Rs. 700
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[Five rupees twenty five paise]
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where it exceeds Rs. 700 and does not exceed Rs. 800
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[Six rupees]
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where it exceeds Rs. 800 and does not exceed Rs. 900
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[Six rupees seventy-five paise]
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where it exceeds Rs. 900 and does not exceed Rs. 1000
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[Seven rupees fifty paise]
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and for every Rs. 500 or part thereof in excess of Rs. 1,000
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[Three rupees seventy-five paise]
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(b) By delivery --
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where the amount or value of the consideration for such debenture as
set forth therein does not exceed Rs. 50
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[Seventy - five paise]
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where it exceeds Rs. 50 but does not exceed Rs. 100
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[One rupee fifty paise]
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where it exceeds Rs. 100 but does not exceed Rs. 200
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[Three rupees]
|
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where it exceeds Rs. 200 but does not exceed Rs. 300
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[Four rupees fifty paise]
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where it exceeds Rs. 300 but does not exceed Rs. 400
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[Six rupees]
|
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where it exceeds Rs. 400 but does not exceed Rs. 500
|
[Seven rupees fifty paise]
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where it exceeds Rs. 500 but does not exceed Rs. 600
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[Nine rupees]
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where it exceeds Rs. 600 but does not exceed Rs. 700
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[Ten rupees fifty paise]
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where it exceeds Rs. 700 but does not exceed Rs. 800
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[Twelve rupees]
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where it exceeds Rs. 800 but does not exceed Rs. 900
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[Thirteen rupees fifty paise]
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where it exceeds Rs. 900 but does not exceed Rs. 1000
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[Fifteen rupees.]
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and for every Rs. 500 or part thereof in excess of Rs. 1,000.
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[Seven rupees fifty paise.]"
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