INDIAN
STAMP ACT (PUNJAB AMENDMENT) ACT, 1958 THE INDIAN STAMP ACT (PUNJAB AMENDMENT) ACT, 1958 [Act No. 13 of 1958] [23rd April, 1958] An Act to amend the Indian Stamp Act, 1899, in its
application to the State of Punjab for the purpose of fixing the rates of Stamp
duties in decimal coinage. Be
it enacted by the Legislature of the State of Punjab in the Ninth Year of the
Republic of India as follows :-- (1) This Act may be called the Indian Stamp (Punjab
Amendment) Act, 1958. (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as the State
Government may by notification appoint in this behalf. In
the Indian Stamp Act, 1899, in its application to the State of Punjab, for
Schedule I-A, as annexed to the said Act by Punjab Act No. VIII of 1922, the
Schedule hereinafter annexed to this Act shall be substituted. Schedule IA - SCHEDULE IA SCHEDULE I-A STAMP DUTY ON CERTAIN INSTRUMENTS UNDER THE INDIAN
STAMP (PUNJAB AMENDMENT) ACT, 1922. Note.--The articles in Schedule I-A are numbered so
as to correspond with similar articles in Schedule I. Description
of Instrument. Proper
stamp duty. 1.
Acknowledgement Fifteen
Naye Paise. 2.
Administration Bond, including a bond given under section 6 of the Government
Savings Bank Act, 1873, or sections 291, 375 and 376 of the Indian Succession
Act, 1925,-- (a) where
the amount does not exceed Rs. 1,000 (b) in any
other case The same
duty as a Bond (No. 15) for such amount. Ten
rupees. 3.
ADOPTION-DEED, that is to say, any instrument (other than a Will), recording
an adoption, or conferring or purporting to confer an authority to adopt. Twenty-five
rupees. ADVOCATE.-- See Entry
as an Advocate (No. 30) 4.
AFFIDAVIT, including an affirmation or declaration in the case of persons by
law allowed to affirm or declare instead of swearing. Exemptions. Two
rupees. Affidavit
or declaration in writing when made-- (a) as a
condition of enrolment under the Army Act, 1950; or Air Force Act, 1950; (b) for
the immediate purpose of being filed or used in any court or before the
officer of any court; or (c) for
the sole purpose of enabling any person to receive any pension or charitable
allowance. 5.
agreement or memorandum of an agreement- (a) if
relating to the sale of a bill of exchange; (b) if
relating to the sale of a Government Security or share in an incorporated
company or other body corporate; Twenty-five
Naye Paise. Subject to
a maximum of fifteen rupees, fifteen Naye Paise for every Rs. 10,000 or part
thereof of the value of the security or share. (c) if not
otherwise provided for .. One rupee,
fifty Naye Paise. Exemptions. Agreement
or memorandum of agreement-- (a) for or
relating to the sale of goods or merchandise exclusively, not being a Note or
Memorandum chargeable under No. 43; (b) made
in the form of tenders to the Central Government for or relating to any loan. AGREEMENT
TO LEASE.-- See Lease
(No. 35). 6.
Agreement Relating To Deposit Of Title-Deeds, Pawn or Pledge, that is to say,
any instrument evidencing an agreement relating to-- (1) the
deposit of title-deeds or instruments constituting or being evidence of the title
to any property whatever (other than a marketable security), or (2) the
pawn or pledge of moveable property, where such deposit, pawn or pledge has
been made by way of security for the repayment of money advanced or to be
advanced by way of loan or an existing or future debt-- (a) if
such loan or debt is repayable on demand or more than three months from the
date of the instrument evidencing the agreement-- (i) when
the amount of loan or debt does not exceed Rs. 200 Forty Naye
Paise. (ii) when
it exceeds Rs. 200, but does not exceed Rs. 400 Eighty
Naye Paise. when it
exceeds Rs. 400, but does not exceed Rs. 600 One rupee,
ten Naye Paise. when it
exceeds Rs. 600, but does not exceed Rs. 800 One rupee,
thirty Naye Paise. when it
exceeds Rs. 800, but does not exceed Rs. 1,000 One rupee,
eighty Naye Paise. when it
exceeds Rs. 1,000, but does not exceed Rs. 1,200 Two
rupees, twenty Naye Paise. when it
exceeds Rs. 1,200, but does not exceed Rs. 1,600 Two
rupees, eighty Naye Paise. when it
exceeds Rs. 1,600, but does not exceed Rs. 2,500 Four
rupees, twenty Naye Paise. when it
exceeds Rs. 2,500, but does not exceed Rs. 5,000 Eight
rupees, fifty Naye Paise. when it
exceeds Rs. 5,000, but does not exceed Rs. 7,500 Twelve
rupees, fifty Naye Paise. when it
exceeds Rs. 7,500, but does not exceed Rs. 10,000 Sixteen
rupees, thirty Naye Paise. when it
exceeds Rs. 10,000, but does not exceed Rs. 15,000 Twenty-five
rupees, thirty Naye Paise. when it
exceeds Rs. 15,000, but does not exceed Rs. 20,000 Thirty-three
rupees, thirty Naye Paise. when it
exceeds Rs. 20,000, but does not exceed Rs. 25,000 Forty-one
rupees, thirty Naye Paise. when it
exceeds Rs. 25,000, but does not exceed Rs. 30,000 Fifty
rupees, seventy Naye Paise. and for
every additional Rs. 10,000 or part thereof in excess of Rs. 30,000 Sixteen
rupees, thirty Naye Paise. (b) If
such loan or debt is repayable not more than three months from the date of
such instrument Exemption. Half the
duty payable on a loan or debt under clause (a) (i) or clause (a) (ii) for
the amount secured. Instrument
of pawn or pledge of goods if unattested. 7.
APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property,
moveable or immoveable, where made by any writing not being a will. Twenty-five
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 Ten
rupees. Exemptions. (a)
Appraisement or valuation made for the information of one party only, and not
being in any manner obligatory between parties cither by agreement or
operation of law. (b)
Appraisement of crops for the purpose of ascertaining the amount to be given
to a landlord as rent. 9.
APPRENTICESHIP-DEED, including every writing relating to the service or
tuition of any apprentice, clerk or servant placed with any master to learn
any profession, trade or employment, not being articles of clerkship (No.
11). As in
Schedule I. Exemption. Instrument
of apprenticeship executed by a Magistrate under the Apprentices Act, 1850,
or by which a person is apprenticed by, or at the charge of, any public
charity. 10.
ARTICLES OF ASSOCIATION OF A COMPANY-- (a) when
the authorised capital of the company does not exceed one lac; Forty
rupees. (b) in
other cases Eighty
rupees. Exemption. Articles
of any Association not formed for profit and registered under section 25 of
the Companies Act, 1956. See also Memorandum
of Association of a Company (No. 39). 11.
ARTICLES OF CLERKSHIP As in
Schedule I. ASSIGNMENT.-- See
Conveyance (No. 23), Transfer (No. 62), and Transfer of Lease (No. 63), as
the case may be. ATTORNEY.-- See entry
as an Attorney (No. 30), and Power-of-Attorney (No. 48). AUTHORITY
TO ADOPT.-- See
Adoption-Deed (No. 3). 12. AWARD,
that is to say, any decision in writing by an arbitrator or umpire, not being
an award directing a partition, on a reference made otherwise than by an order
of the Court in the course of a suit-- (a) where
the amount or value of the property to which the award relates as set forth
in such award, does not exceed Rs. 1,000; The same
duty as a Bond (No. 15) for such amount. (b) if it
exceeds Rs. 1,000 but does not exceed Rs. 5,000 Ten
rupees. and for
every additional Rs. 1,000 or part thereof in excess of Rs. 5,000 Seventy-five
Naye Paise subject to a maximum of seventy-five rupees. 13. BILL
OF EXCHANGE As in
Schedule I. 14. BILL
OF LADING (including a through bill of lading) Fifty Naye
Paise. N.B.-- If a bill
of lading is drawn in parts the proper stamp therefore must be borne by each
one of the set. 15. BOND
as defined by section 2(5), not being a DEBENTURE (No. 27), and not being
otherwise provided for by this Act, or by the Court-fees Act, 1870-- where the
amount or value secured does not exceed Rs. 10; Twenty
Naye Paise. where it
exceeds Rs. 10 and does not exceed Rs. 50; Forty Naye
Paise. where it
exceeds Rs. 50 and does not exceed Rs. 100; Seventy-five
Naye Paise. where it
exceeds Rs. 100 and does not exceed Rs. 200; One rupee,
fifty Naye Paise. where it
exceeds Rs. 200 and does not exceed Rs. 300; Two
rupees, twenty-five Naye Paise. where it
exceeds Rs. 300 and does not exceed Rs. 400; Three
rupees. where it
exceeds Rs. 400 and does not exceed Rs. 500; Three
rupees, seventy-five Naye Paise. where it
exceeds Rs. 500 and does not exceed Rs. 600; Six
rupees. where it
exceeds Rs. 600 and does not exceed Rs. 700; Seven
rupees. where it
exceeds Rs. 700 and does not exceed Rs. 800; Eight
rupees. where it
exceeds Rs. 800 and does not exceed Rs. 900; Nine rupees. where it
exceeds Rs. 900 and does not exceed Rs. 1,000; Ten
rupees. and for
every Rs. 500 or part thereof in excess of Rs. 1,000 Five
rupees. See.
Administration Bond (No. 2), Bottomry Bond (No. 16), Customs Bond (No. 26),
Indemnity Bond (No. 34), Respondentia Bond (No. 56), Security Bond (No. 57). Exemption. Bond when
executed by any person for the purpose of guaranteeing that the local income
derived from private subscription to a charitable dispensary or hospital or
to any other object of public utility, shall not be less than a specified sum
per mensem. 16.
BOTTOMRY BOND, that is to say, any instrument whereby the master of a
sea-going ship borrows money on a security of the ship to enable him to
preserve the ship or prosecute her voyage-- where the
amount or value secured does not exceed Rs. 10; Twenty
Naye Paise. where it
exceeds Rs. 10 and does not exceed Rs. 50; Forty Naye
Paise. where it
exceeds Rs. 50 and does not exceed Rs. 100; Seventy-five
Naye Paise. where it
exceeds Rs. 100 and does not exceed Rs. 200; One rupee,
fifty Naye Paise. where it
exceeds Rs. 200 and does not exceed Rs. 300; Two
rupees, twenty-five Naye Paise. where it
exceeds Rs. 300 and does not exceed Rs. 400; Three
rupees. where it
exceeds Rs. 400 and does not exceed Rs. 500; Three
rupees, seventy-five Naye Paise. where it
exceeds Rs. 500 and does not exceed Rs. 600; Four
rupees, fifty Naye Paise. where it
exceeds Rs. 600 and does not exceed Rs. 700; Five
rupees, twenty-five Naye Paise. where it
exceeds Rs. 700 and does not exceed Rs. 800 Six
rupees. where it
exceeds Rs. 800 and does not exceed Rs. 900; Six
rupees, seventy-five Naye Paise. where it
exceeds Rs. 900 and does not exceed Rs. 1,000; Seven
rupees, fifty Naye Paise. and for
every rupees 500 or part thereof in excess of Rs. 1,000. Three
rupees, seventy-five Naye Paise. 17.
CANCELLATION--Instrument of (including any instrument by which any instrument
previously executed is cancelled), if attested and not otherwise provided
for. Ten
rupees. See also
Release (No. 55), Revocation of Settlement (No. 58-B), Surrender of Lease
(No. 61), Revocation of Trust (No. 64-B). 18.
CERTIFICATE OF SALE (in respect of each property put up as a separate lot and
sold), granted to the purchaser of any property sold by public auction by a
Civil or Revenue Court, or Collector or other Revenue Officer. The same
duty as a Conveyance;-(No. 23) for a consideration equal to the amount of the
purchase-money only. 19.
CERTIFICATE OR OTHER DOCUMENT. Twenty-five
Naye Paise. 20.
CHARTER PARTY, that is to say, any instrument (except an agreement for the
hire of a tug steamer), whereby a vessel or some specified principal part
thereof is let for the specified purposes of the charterer, whether it
includes a penalty clause or not. Two
rupees. 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. Twenty
rupees. 23.
CONVEYANCE as defined by sec-tion 2(10) not being a Transfer charged or
exempted under No. 62-- (i) If it
relates to immoveable property situate within the limit of a Municipality,
Cantonment Board, or Notified Area. One rupee, fifty Naye Paise. (ii) In
other cases. where the
value of amount of the consideration for such conveyance as set forth therein
does not exceed Rs. 50; One rupee. where it
exceeds Rs. 50, but does not exceed Rs. 100; Three
rupees. Two
rupees. where it
exceeds Rs. 100, but does not exceed Rs. 200; Six
rupees. Four
rupees. where it
exceeds Rs. 200, but does not exceed Rs. 300; Nine
rupees. Six
rupees. where it
exceeds Rs. 300, but does not exceed Rs. 400; Twelve
rupees. Eight
rupees. where it
exceeds Rs. 400, but does not exceed Rs. 500; Fifteen
rupees. Ten
rupees. where it
exceeds Rs. 500, but does not exceed Rs. 600; Eighteen
rupees. Twelve
rupees. where it
exceeds Rs. 600, but does not exceed Rs. 700; Twenty-one
rupees. Fourteen
rupees. where it
exceeds Rs. 700, but does not exceed Rs. 800; Twenty-four
rupees. Sixteen
rupees. where it
exceeds Rs. 800, but does not exceed Rs. 900; Twenty-seven
rupees. Eighteen
rupees. where it
exceeds Rs. 900, but does not exceed Rs. 1,000; Thirty
rupees. Twenty
rupees. and for
every Rs. 500 or part thereof in excess of Rs. 1,000. Fifteen
rupees. Ten
rupees. Exemption. Assignment
of copyright under the Copyright Act, 1957, Section 18. CO-PARTNERSHIP-DEED.
See Partnership (No. 46). 24. COPY
OR EXTRACT certified to be true copy or extract, by or by order of any public
officer and not chargeable under the law for the time being in force relating
to court-fees-- (i) if the
original was not chargeable with duty or if the duty with which it was chargeable
does not exceed two rupees; Seventy-five
Naye Paise. (ii) in
any other case not falling within the provisions of section 6-A. Two
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, namings,
dedications, marriages, divorces, deaths or burials. 25.
COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in
respect of which the proper duty has been paid-- (a) if the
duty with which the original instrument is chargeable does not exceed two
rupees; Seventy-five
Naye Paise. (b) in any
other case not falling within the provisions of section 6-A. Two
rupees. Exemption. Counterpart
of any lease granted to a cultivator, when such lease is exempted from duty. 26.
CUSTOMS-BOND-- (a) where
the amount does not exceed Rs. 1,000 The same
duty as a Bond (No. 15) for such amount. (b) in any
other case Ten
rupees. 27.
DEBENTURE (whether a mortgage debenture or not), being a marketable security
transferable-- (a) by
endorsement or by a separate instrument of transfer; The same
duty as a Bond (No. 15) for the same amount. (b) by
delivery The same
duty as a mortgage-deed with possession [No. 40(a)] for the amount equal to
the face amount of the debenture. Explanation.-- The term
"Debenture" includes any interest coupons attached thereto, but the
amount of such coupons shall not be included in estimating the duty. Exemption. A
debenture issued by an incorporated company or other body corporate in terms
of a registered mortgage-deed, duly stamped in respect of the full amount of
debentures to be issued thereunder, whereby the company or body borrowing
makes over, in whole or in part, their property to trustees for the benefit
of the debenture-holders; provided that the debentures so issued are
expressed to be issued in terms of the said mortgage-deed. See also
Bond (No. 15) and sections 8 and 55. Declaration of any Trust-- See Trust
(No. 64). 28.
DELIVERY ORDER IN RESPECT OF GOODS, DEPOSIT OF TITLE DEEDS,--See Agreement
relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6). Fifteen
Naye Paise. Dissolution
of Partnership--See Partnership (No. 46). 29.
DIVORCE. Instrument of--that is to say, any instrument by which any person
effects the dissolution of his marriage. Twenty
rupees. DOWER.
Instrument of-- See Settlement (No. 58). DUPLICATE.
See Counterpart (No. 25). 30. ENTRY
AS AN ADVOCATE, VAKIL OR ATTORNEY ON THE ROLL OF THE HIGH COURT (Under the
Indian Bar Councils Act, 1926, or in exercise of powers conferred on such
Court by Letters Patent or by the Legal Practitioners Act, 1884)-- (a) in the
case of an Advocate or Vakil Five
hundred rupees. (b) in the
case of an Attorney Five
hundred rupees. Exemption. Entry of
an Advocate, Vakil or Attorney on the roll of the High Court, when he has
previously been enrolled in any other High Court. 31.
EXCHANGE OF PROPERTY, Instrument of-- EXTRACT--See
Copy (No. 24). The same
duty as a Conveyance (No. 23) as levied by this Act for a consideration equal
to the value of the property of greatest value as set forth in such
instrument. 32.
FURTHER CHARGE. Instrument of, that is to say, any instrument imposing a
further charge on mortgaged property-- (a) when
the original mortgage is one of the description referred to in clause (a) of
Article No. 40, that is, with possession; The same
duty as a mortgage-deed with possession [No. 40(a)] for the amount equal to
the amount of the further charge secured by such instrument. (b) when
such mortgage is one of the description referred to in clause (b) of Article
No. 40 (that is, without possession)-- (i) if at
the time of execution of the instrument of further charge possession of the
property is given or agreed to be given under such instrument; (ii) if
possession is not so given. The same
duty as a mortgage-deed with possession [No. 40(a)] for the amount equal to
the total amount of the charge (including the original mortgage and any
further charge already made) less, the duty already paid on such original
mortgage and further charge. The same
duty as a Bond (No. 15) for the amount of the further charge secured by such
instrument. 33.
GIFT--Instrument of not being a Settlement (No. 58), or Will or Transfer (No.
62). HIRING
AGREEMENT or agreement for service--See Agreement (No. 5) The same
duty as a Conveyance (No. 23) as levied by this Act for a consideration equal
to the value of the property as set forth in such instrument. 34.
INDEMNITY BOND INSPECTORSHIP-DEED--See
Composition-deed (No. 22). The same
duty as a Security Bond (No. 57) for the same amount. 35. LEASE,
including an under-lease or sublease and any agreement to let or sublet-- (a) where
by such lease the rent is fixed and no premium is paid or delivered-- (i) where
the lease purports to be for a term of less than one year; The same
duty as a Bond (No. 15) for the whole amount payable or deliverable under
such lease. (ii) where
the lease purports to be for a term of not less than one year, but not more
than five years; The same
duty as a Bond (No. 15) for the amount or value of the average annual rent reserved. (iii)
where the lease purports to be for a term exceeding five years and not
exceeding ten years; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to the amount or value of the average annual rent reserved. (iv) where
the lease purports to be for a term exceeding 10 years but not exceeding 20
years; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to twice the amount or value of the average annual rent reserved. (v) where
the lease purports to be for a term exceeding 20 years, but not exceeding 30
years; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to three times the amount or value of the average annual rent reserved. (vi) where
the lease purports to be for a term exceeding 30 years, but not exceeding 100
years; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to four times the amount or value of the average annual rent reserved. (vii)
where the lease purports to be for a term exceeding 100 years or in
perpetuity; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal in the case of a lease granted solely for agricultural purposes-to 1/10th
and in any other case to 1/6th of the whole amount of rents which would be
paid or delivered in respect of the first fifty years of lease. (viii)
where the lease does not purport to be for any definite term; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to three times the amount or value of the average annual rent which
would be paid of delivered, for the first ten years if the lease continued so
long. (b) where
lease is granted for a fine or premium or for money advanced and where no
rent is reserved; The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to the amount or value of such fine or premium or advance as set forth
in the lease. (c) where
the lease is granted for a fine or premium or for money advanced, in addition
to rent reserved. The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to the amount or value of such fine or premium or advance as set forth
in the lease, in addition to the duty which would have been payable on such
lease, if no fine or premium or advance had been paid or delivered. Exemption. Lease,
executed in the case of a cultivator and for the purposes of cultivation
(including a lease of trees for the production of food or drink) without the
payment or delivery of any fine or premium, when a definite term is expressed
and such term does not exceed one year, or when the average annual rent
reserved does not exceed one hundred rupees. In this
exemption a lease for the purposes of cultivation shall include a lease of
lands for cultivation together with a home stead or tank. Explanation.-- When a
lessee undertakes to pay any recurring charge, such as Government revenue,
the landlord's share of cesses, or the owner's share of municipal rates or
taxes, which is by law recoverable from the 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. Twenty
Naye Paise. 37. LETTER
OF CREDIT As in
Schedule I. LETTER OF
GUARANTEE--See Agreement (No. 5). 38. LETTER
OF LICENSE, that is to say, any agreement between a debtor and his creditors
that the latter shall, for a specified time, suspend their claims and allow
the debtor to carry on business at his own discretion. Twenty
rupees. 39.
MEMORANDUM OF ASSOCIATION OF A COMPANY-- (a) if
accompanied by articles of association under sections 26, 27 and 28 of the
Companies Act, 1956; Forty
rupees. (b) if not
so accompanied One hundred
rupees. Exemption.-- Memorandum
of any association not formed for profit and registered under section 25 of
the Companies Act, 1956. 40.
MORTGAGE-DEED, not being an agreement relating to Deposit of Title deeds,
Pawn or pledge (No. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 41),
Respondentia Bond (No. 56), or Security Bond (No. 57)-- (a) when
possession of the property or any part of the property comprised in such deed
is given by the mortgagor or agreed to be given-- where the
amount secured by such instrument does not exceed Rs. 50; Seventy-five
Naye Paise. where it
exceeds Rs. 50, but does not exceed Rs. 100; One rupee,
fifty Naye Paise. where it
exceeds Rs. 100, but does not exceed Rs. 200; Three
rupees. where it
exceeds Rs. 200, but does not exceed Rs. 300; Four
rupees, fifty Naye Paise. where it
exceeds Rs. 300, but does not exceed Rs. 400; Six
rupees. where it
exceeds Rs. 400, but does not exceed Rs. 500; Seven
rupees, fifty Naye Paise. where it
exceeds Rs. 500, but does not exceed Rs. 600; Nine
rupees. where it
exceeds Rs. 600, but does not exceed Rs. 700; Ten
rupees, fifty Naye Paise. where it
exceeds Rs. 700, but does not exceed Rs. 800; Twelve
rupees. where it
exceeds Rs. 800, but does not exceed Rs. 900; Thirteen
rupees, fifty Naye Paise. where it
exceeds Rs. 900, but does not exceed Rs. 1,000; Fifteen
rupees. and for
every Rs. 500 or part thereof in excess of Rs. 1,000; Seven
rupees, fifty Naye Paise. (b) when
possession is not given or agreed to be given as aforesaid; The same
duty as a Bond (No. 15) for the amount secured by such deed. Explanation.-- A
mortgagor who gives to the mortgagee a power of attorney to collect rents or
a lease of the property mortgaged or part thereof, is deemed to give
possession within the meaning of this article. (c) when a
collateral or auxiliary or additional or substituted security, or by way of
further assurance for the above-mentioned purposes where the principal or
primary security is duly stamped-- for every
sum secured not exceeding Rs. 1,000; and for
every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. Seventy-five
Naye Paise. Seventy-five
Naye Paise. Exemptions-- (1)
Instruments, executed by persons taking advances under the Land Improvement
Loans Act, 1883, or the Agriculturists' Loans Act, 1884, or by their sureties
as security for the repayment of such advances. (2) Letter
of hypothecation accompanying a bill of exchange. 41.
MORTGAGE OF A CROP, including any instrument evidencing an agreement to
secure the repayment of a loan made upon any mortgage of a crop, whether the
crop is or is not in existence at the time of the mortgage-- (a) when
the loan is repayable not more than three months from the date of the
instrument-- for every
sum secured not exceeding Rs. 200; and for
every Rs. 200 or part thereof secured in excess of Rs. 200; (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; and for
every Rs. 100 or part thereof secured in excess of Rs. 100. Ten Naye
Paise. Ten Naye
Paise. Twenty
Naye Paise. Twenty
Naye Paise. 42.
NOTARIAL ACT,--that is to say, any instrument, endorsement, note, attestation
certificate or entry not being a Protest (No. 50) made or signed by a Notary
Public in the execution of the duties of his office, or by any other person
lawfully acting as a Notary Public. See also
Protest of Bill or Note (No. 50). Three
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; Twenty-five
Naye Paise. (b) of any
stock or marketable security exceeding in value twenty rupees. Subject to
a maximum of twenty rupees twenty Naye 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. As in
Schedule I. 45.
PARTITION Instrument of [as defined by section 2 (15)]. The same
duty as a Bond (No. 15) for the amount of the value of the separated share or
shares of the property. N.B.-- The
largest share remaining after the property is partitioned (or, if there are
two or more shares of equal value and not smaller than any of the other
shares, then one of such equal shares) shall be deemed to be that from which
the other shares are separated : Provided
always that-- (a) when
an instrument of partition containing an agreement to divide property in
severalty is executed and a partition is effected in pursuance of such
agreement, the duty chargeable upon the instrument effecting such partition
shall be reduced by, the amount of duty paid in _ respect of the first
instrument, but shall not be less than seventy-five Naye Paise; (b) where
land is held on Revenue Settlement for a period not exceeding thirty years
and paying the full assessment, the value for the purpose of duty shall be
calculated at not more than tea 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 seventy-five Naye
Paise. 46.
PARTNERSHIP-- A--Instrument
of-- (a) where
the capital of the partnership does not exceed Rs. 500; Two
rupees, fifty Naye Paise. (b) in any
other case Fifteen
rupees. B--Dissolution
of-- PAWN OR
PLEDGE--See agreement relating to Deposit of Title-deeds, Pawn or Pledge (No.
6). Ten
rupees. 47. POLICY
OF INSURANCE As in
Schedule I. 48.
POWER-OF-ATTORNEY [as defined by section 2(21)], not being a Proxy (No. 52)-- (a) when
executed for the sole purpose of procuring the registration of one or more
documents in relation to a single transaction or for admitting execution of
one or more such documents; One rupee. (b) when
required in suits or proceedings under Presidency Small Cause Courts Act,
1882; One rupee. (c) when
authorising one person or more to act in a single transaction other than the
case mentioned in clause (a); Two
rupees. (d) when
authorising not more than five persons to act jointly and severally in more
than one transaction or generally; (e) when
authorising more than five but not more than ten persons to act jointly and
severally in more than one transaction or generally; (f) when
given for consideration and authorising the attorney to sell any immoveable
property; Ten
rupees. Twenty
rupees. The same
duty as a Conveyance (No. 23) as levied by this Act for the amount of
consideration. (g) in any
other case Two rupees
for each person authorised. N.B.-- The term
"registration" includes every operation incidental to registration
under the Indian Registration Act, 1908. Explanation.-- For the
purpose of this article more persons than one when belonging to the same firm
shall be deemed to be one person. 49.
PROMISSORY NOTE As in
Schedule I. 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. Two rupees. 51.
PROTEST BY THE MASTER OF A SHIP. As in
Schedule I. 52. PROXY As in
Schedule I. 53.
RECEIPT As in
Schedule I. 54.
RECONVEYANCE OF MORTGAGED PROPERTY-- (a) if the
consideration for which the property was mortgaged does not exceed Rs. 1,000; The same
duty as a Conveyance (No. 23) as levied by this Act, for the amount of such
consideration as set forth in the reconveyance. (b) in any
other case-- (i) if the
reconveyance relates to immoveable property situate within a Municipality,
Cantonment Board, or Notified Area; Thirty
rupees. (ii) in
other cases Twenty
rupees. 55.
RELEASE, that is to say, any instrument (not being such a release as is
provided for by section 23-A) whereby a person renounces a claim upon another
person or against any specified property-- (a) if the
amount or value of the claim does not exceed Rs. 1,000; The same
duty as a Bond (No. 15) for such amount or value as set forth in the Release. (b) in any
other case Ten
rupees. 56.
RESPONDENTIA BOND, that is to say, any instrument securing a loan on the
cargo laden or to be laden on board a ship and making repayment contingent on
the arrival of the cargo at the port of destination. The same
duty as Bottomry Bond (No. 16) for the amount of the loan secured. REVOCATION
OF ANY TRUST OR SETTLEMENT-- See
Settlement (No. 58); TRUST (No.
64). 57.
SECURITY-BOND OR MORTGAGE DEED, executed by way of security for the due
execution of an office, or to account for money or other property received by
virtue thereof, or executed by a surety to secure the due performance of a
contract-- (a) when
the amount secured does not exceed Rs. 1,000; The same
duty as a Bond (No. 15) for the amount secured. (b) in any
other case Ten
rupees. Exemptions. Bond or
other instrument, when executed-- (a) by any
person for the purpose of guaranteeing that the local income derived from
private subscription to a charitable dispensary or hospital or any other
object of public utility, shall not be less than a specified sum per mensem; (b) by
person taking advances under the Land Improvement Loans Act, 1883, or the
Agriculturists Loans Act, 1884, or by their sureties, as security for the
repayment of such advances; (c) by
officers of Government or their sureties to secure the due execution of an
office, or the due accounting for money or other property received by virtue
thereof. 58.
SETTLEMENT-- A.-- Instrument
of--(including a deed of dower). The same
duty as a Bond (No. 15) for a sum equal to the amount or value of the
property settled as set forth in such settlement. Exemption. Deed of
dower executed on the occasion of a marriage between Muhammadans. B.-- Revocation
of-- See also
Trust (No. 64). The same
duty as a Bond (No. 15) for a sum equal to the amount or value of the
property concerned as set forth in the instrument of revocation, but not
exceeding twenty rupees. 59. SHARE
WARRANTS to bearer issued under the Companies Act, 1956. One-and-a-half
times the duty payable on a mortgage deed with possession [No. 40 (a)] for
the amount equal to the nominal amount of the shares specified in the
warrant. Exemptions. Share
warrant when issued by a company in pursuance of the Companies Act, 1956,
section 114, to have effect only upon payment, as composition for that duty,
to the Collector of stamp-revenue of-- (a)
One-and-a-half per centum of the whole subscribed capital of the company; or (b) if any
company which has paid the said duty or composition in full subsequently
issues an addition to its subscribed capital, one-and-a-half per centum of
the additional capital so issued. 60.
SHIPPING ORDER As in
Schedule I. 61.
SURRENDER OF LEASE-- (a) When
the duty with which the lease is chargeable does not exceed ten rupees; (b) in any
other case The duty
with which such lease is chargeable. Ten
rupees. Exemption. Surrender
of lease, when such lease is exempted from duty. 62.
TRANSFER (whether with or without consideration)-- (a) of
shares in an incorporated company or other body corporate; One-half
of the duty payable on a mortgage deed with possession [ No. 40 (a)] for the
amount equal to the value of the shares. (b) of
debentures, being marketable securities whether the debenture is liable to
duty or not, except debentures provided for by section 8; One-half
of the duty payable on a debenture (No. 27) for a consideration equal to the
face amount of the debenture. (c) of any
interest secured by a bond, mortgage-deed or policy of insurance; One-half
of the duty with which such bond, mortgage-deed or policy of insurance is
chargeable subject to a maximum of fifty rupees. (d) of any
property under the Administrator-General's Act, 1913, section 25; Fifteen
rupees. (e) of any
trust-property without consideration from one trustee to another trustee, or
from a trustee to a beneficiary. Exemptions. Seven
rupees fifty Naye-Paise or such smaller amount as may be chargeable under
clauses (a) to (c) of this article. 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 underlease. The same
duty as a Conveyance (No. 23) as levied by this Act, for a consideration
equal to the amount of the consideration for the transfer. Exemption. Transfer
of any lease exempt from duty. 64. TRUST-- A.--Declaration
of--of, or concerning, any property when made by any writing not being a
Will. The same
duty as a Bond (No. 15) for a sum equal to the amount or value of the
property concerned, as set forth in the instrument, but not exceeding thirty
rupees. B.-- Revocation
of--of, or concerning, any property when made by any instrument other than a
Will. The same
duty as a Bond (No. 15) for a sum equal to the amount or value of the
property concerned, as set forth in the instrument, but not exceeding twenty
rupees. See also
Settlement (No. 58). VALUATION.-- See
Appraisement (No. 8). VAKIL.-- See Entry
as Vakil (No. 30). 65.
WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any
person therein named, or his assigns, or the holder thereof, to the property
in any goods lying in or upon any dock, warehouse or wharf, such instrument
being signed or certified by or on behalf of the person in whose custody such
goods may be. Seventy-five
Naye Paise.
Preamble - INDIAN STAMP ACT (PUNJAB
AMENDMENT) ACT, 1958PREAMBLE