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INDIAN STAMP (ANDHRA PRADESH EXTENSION AND AMENDMENT) ACT, 1959

INDIAN STAMP (ANDHRA PRADESH EXTENSION AND AMENDMENT) ACT, 1959

INDIAN STAMP (ANDHRA PRADESH EXTENSION AND AMENDMENT) ACT, 1959

Preamble - INDIAN STAMP (ANDHRA PRADESH EXTENSION AND AMENDMENT) ACT, 1959

THE INDIAN STAMP (ANDHRA PRADESH EXTENSION AND AMENDMENT) ACT, 1959

[Act No. 19 of 1959]

[05th March, 1959]

PREAMBLE

An Act to extend the Indian Stamp Act, 1899 to certain areas in the State of Andhra Pradesh and further to amend it in its application to the entire State.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Tenth Year of the Republic of India as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Indian Stamp (Andhra Pradesh Extension and Amendment) Act, 1959.

 

(2)     It extends to the whole of the State of Andhra Pradesh.

 

(3)     This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Section 2 - Extension of Central Act II of 1899 to transferred territories

The Indian Stamp Act, 1899 (Central Act II of 1899) (with all subsequent statutory modifications thereto) as in force immediately before the commencement of this Act in the State of Andhra Pradesh except in the transferred territories in so far as it relates to matters falling under entry 63 of List II and entry 44 of List III in the Seventh Schedule to the Constitution (hereinafter referred to as the principal Act), and as amended by sections 3 to 10 (both inclusive) and all subsidiary laws made under the principal Act are hereby extended to, and shall be in force in, the transferred territories.

Explanation.--In this section--

(1)     'transferred territories' means the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);

 

(2)     'subsidiary laws' means rules, regulations, notifications, forms, certificates, instructions, directions and orders made or issued under the principal Act.

Section 3 - Amendment of section 1, Central Act II of 1899

In the proviso to sub-section (2) of section 1 of the principal Act, for the expression "(excluding the State of Jammu and Kashmir)", the expression "[excluding the State of Jammu and Kashmir and the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)]" shall be substituted.

Section 4 - Amendment of section 3, Central Act II of 1899

In clauses (aa) and (bb) of the first proviso to section 3 of the principal Act, for the words "State of Andhra", the words "State of Andhra Pradesh" shall be substituted.

Section 5 - Amendment of sections 4 and 6, Central Act II of 1899

In sub-section (1) of section 4 and the proviso to section 6 of the principal Act, for the words "one rupee eight annas" which stand modified to "three rupees" by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words "three rupees" shall be substituted.

Section 6 - Amendment of section 19-A, Central Act II of 1899

In section 19-A of the principal Act,--

(i)       in the opening portion, for the words "any instrument," the words, brackets and figures "any instrument (other than the one in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution)" shall be substituted;

 

(ii)      for the words "State of Andhra", the words "State of Andhra Pradesh" shall be substituted.

Section 7 - Amendment of section 23-A, Central Act II of 1899

In clause (b) of sub-section (1) of section 23-A of the principal Act, for the expression "article No. 4 (c)", the expression "Article 5 (c)" shall be substituted.

Section 8 - Amendment of sections 32, 35, 40 and 41, Central Act II of 1899.--

In clause (c) of the proviso to sub-section (3) of section 32, in clause (a) of the proviso to section 35, in sub-section (1) of section 40 and in section 41 of the principal Act--

(i)       for the expression "article 34 (a)", the expression "article 36 (a)" shall be substituted;

 

(ii)      for the words "two annas" which stand modified to " four annas " by the Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943) without textual amendment of the principal Act, the words " twenty-five naye paise " shall be substituted.

Section 9 - Substitution of new section for section 78

For section 78 of the principal Act, the following section shall be substituted, namely:--

"78. Duty to be collected or allowance to be made.--

In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to the next higher five naye paise.".

Section 10 - Substitution of new Schedule 1-A for Schedule 1-A to Central Act II of 1899

For Schedule 1-A to the principal Act, the Schedule annexed to this Act shall be substituted.

Section 11 - Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, or of the principal Act as extended by this Act in their application to the transferred territories, the State Government may, by order make such provisions or give such directions not inconsistent with the purposes of this Act or of the principal Act as extended by this Act, as appear to them to be necessary or expedient for removing the difficulty.

Section 12 - Repeal of Hyderabad Stamp Act 1331-F

(1)     The Hyderabad Stamp Act (Hyderabad Act IV of 1331-F.) as in force in the transferred territories immediately before the commencement of this Act is hereby repealed.

 

(2)     The repeal of the said Act as in force in the transferred territories by this Act shall not affect---

 

(a)      the previous operation of the said Act or anything done or duly suffered thereunder, or

 

(b)      any right, privilege, obligation or liability acquired, accrued, or incurred under the said Act, or

 

(c)      any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act, or

 

(d)      any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

 

(3)     For the purpose of facilitating the application of the principal Act as extended by this Act in the transferred territories, any court or other authority may construe the principal Act so extended with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

 

(4)     Any reference in the principal Act to a law which is not in force in the transferred territories shall, in relation to those territories, be construed as a reference to the corresponding law, if any, in force in those territories-.

 

(5)     Any reference in any law which continues to be in force in the transferred territories after the commencement of this Act to any law repealed by sub-section (1) shall, in relation to those territories, be construed as a reference to the principal Act.

Section 13 - Repeal of Madras Stamp (Increase of Duties) Act, 1943

The Madras Stamp (Increase of Duties) Act, 1943 (Madras Act XVI of 1943), is hereby repealed as from the commencement of this Act and the provisions of section 8 of the Madras General Clauses Act, 1891 (Madras Act I bf 1891), shall apply upon such repeal.

 ANNEXURE.

Schedule I-A.

(See section 10).

Stamp duty on certain instruments under the Madras Stamp (Amendment) Act, 1922.

(See Section 3, first proviso).

Description of instrument.

Proper stamp duty.

(1)

(2)

1. Acknowledgment of a debt exceeding twenty rupees in amount or value written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker's pass book) or on a separate piece of paper when such book or paper is left in the creditor's possession; provided that such acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property.

Ten naye paise.

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 Bank Act, 1873 (Central Act V of 1873)--

 

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

(b) in any other case

Three-fourth's of the duty as a bond (No. 13) for such amount.

Fifteen 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-two rupees, fifty naye paise.

4. Affidavit including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.

Three rupees.

Exemptions.

Affidavit or 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;

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

(c) if not otherwise provided for ..

Forty naye paise.

Subject to a maximum of thirty rupees, twenty naye paise for every Rs. 10,000 or part thereof, of the value of the security or share.

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. 38;

(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 re-payment 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.

 

 

 

If drawn singly.

If drawn in set of two for each part of the set.

If drawn in set of three for each part the set.

 

ES. NP.

RS. NP.

RS. NP.

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

0.60

0.40

0.20

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

1.15

0.60

0.40

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

1.70

0.95

0.60

when it exceeds Rs. 600, but does not exceed Rs. 800.

2.25

1.15

0.75

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

2.85

1.50

0.95

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

3.40

1.70

1.15

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

4.50

2.25

1.50

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

6.75

3.40

2.25

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

13.50

6.75

4.50

when it exceeds Rs. 5,000, but does not exceed Rs. 7,500.

20.25

10.15

6.75

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

27.00

13.50

9.00

when it exceeds Rs. 10,000, but docs not exceed Rs. 15,000.

40.50

20.25

13.50

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

54.00

27.00

18.00

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

67.50

33.75

22.50

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

81.00

40.50

27.00

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

27.00

13.50

9.00

(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, movable or immovable, where made by any writing not being a will.

 

Thirty-seven rupees fifty naye paise.

 

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. 14) for such amount.

 

(b) in any other case .. ..

Fifteen rupees.

 

Exemptions.

 

(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.

(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

 

9. Apprenticeship-Deed, including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any profession, trade or employment, not being Articles of Clerkship (No. 11).

Seven rupees, fifty naye paise.

 

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.

Exemption.

Articles of any association not formed for profit and registered under the Companies Act, 1956 (Central Act I of 1956). [See. also Memorandum of Association of a Company (No. 34).]

One hundred rupees.

11. Articles of Clerkship or Contract, whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in the Andhra Pradesh High Court.

Three hundred seventy-five rupees.

12. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit--

 

(a) where the amount or value of the property to which the award relates, as set forth in such award, does not exceed Rs. 1,000;

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

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

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

Twenty rupees.

One rupee subject to a maximum of one hundred rupees.

13. Bond [as defined by section 2 (5)], not being a debenture and not being otherwise provided for by this Act, or by the Andhra Court-fees and Suits Valuation Act, 1956 (Andhra Act VII of 1956);

 

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

Twenty-five naye paise.

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

Fifty naye paise.

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

One rupee.

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

'Two rupees fifty naye paise.

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

Three rupees seventy-five naye paise.

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

Five rupees.

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

Six rupees twenty-five naye paise.

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

Nine rupees.

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

Ten rupees fifty naye paise-

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

Twelve rupees.

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

Thirteen rupees fifty naye paise.

where it exceeds Rs. 900 and 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.

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.

 

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

 

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

Forty naye paise.

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

Seventy-five naye paise.

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

One rupee fifty naye paise.

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

Three rupees.

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

Four rupees fifty naye paise.

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

Six rupees.

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

Seven rupees fifty naye paise.

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

Nine rupees.

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

Ten rupees fifty naye paise.

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

Twelve rupees.

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

Thirteen rupees fifty naye paise.

where it exceeds Rs. 900 and 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.

15. Cancellation.--Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.

Fifteen rupees.

16. Certificate of sale.--(In respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer--

 

(a) where the purchase-money does not exceed Rs. 10.

(b) where the purchase-money exceeds Rs. 10, but does not exceed Rs. 25.

(c) in any other case .. ..

Forty naye paise.

Seventy-five naye paise.

The same duty as a Conveyance (No. 20) for a consideration equal to the amount of the purchase-money only.

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

Twenty naye paise.

18. 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.

Three rupees.

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

Twenty-two rupees fifty naye paise.

20. Conveyance [as defined by section 2 (10)], not being a transfer charged or exempted under No. 53--

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

One rupee, fifty naye paise.

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

Three rupees.

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

Six rupees.

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

Nine rupees.

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

Twelve rupees.

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

Fifteen rupees.

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

Eighteen rupees.

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

Twenty-one rupees.

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

Twenty-four rupees.

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

Twenty-seven rupees.

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

Thirty rupees.

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

Fifteen rupees.

Exemption.

Assignment of copyright under the Copyright Act, 1957 (Central Act 14 of 1957), section 18.

 

21. Copy or extract, certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees--

(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed one rupee;

(ii) in any other case .. ..

One rupee fifty naye paise.

Three 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.

 

22. 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 three rupees.

(b) in any other case

The same duty as is payable on the original.

Three rupees.

Exemption.

 

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

 

23. Customs Bond--

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

(b) in any other case

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

Twenty rupees.

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

Ten naye paise.

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

Three rupees.

28. Entry as an Advocate or Attorney on the roll of the Andhra Pradesh High Court, under the Indian Bar Councils Act, 1926 (Central Act XXXVIII of

 

1926), or in exercise of powers conferred on such Court by Letters Patent or by the Legal Practitioners Act, 1879 (Central Act XVIII of 1879)--

 

(a) in the case of an Advocate (b) in the case of an Attorney

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 naye paise.

Three hundred and twelve rupees, fifty naye paise.

Exemptions.

 

(a) Entry as an Advocate on the roll of the Andhra Pradesh 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 Andhra Pradesh 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.

 

27. Exchange of property--Instrument of.

28. 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 35 (that is, with possession).

The same duty as a Conveyance (No. 20) for a consideration equal to the value of the property of greater value as set forth in such instrument.

The same duty as a Conveyance (No. 20) for a consideration equal to the amount of the further charge secured by such instrument.

(b) when such mortgage is one of the description referred to in clause (i) of Article 35 (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. 20) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made), less the duty already paid on such original mortgage and further charge.

(ii) if possession is not so given ..

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

29. Gift.-- Instrument of, not being a Settlement (No. 49) or Will or Transfer (No. 53).

30. Indemnity Bond

The same duty as a Conveyance (No. 20) for a consideration equal to the value of the property as set forth in such instrument.

The same duty as a Security Bond (No. 48) for the same amount.

31. Lease, including an under-lease or sub-lease 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 Bottomry Bond (No. 14) 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 Bottomry Bond (No. 14) 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. 20) for a consideration equal to the amount or value of the average annual rent reserved.

(iv) where the lease purports to be for a term exceeding ten years, but not exceeding twenty years;

The same duty as a Conveyance (No. 20) 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 twenty years, but not exceeding thirty years;

The same duty as a Conveyance (No. 20) 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 thirty years, but not exceeding one hundred years;

The same duty as a Conveyance (No. 20) 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 one hundred years or in perpetuity;

The same duty as a Conveyance (No. 20) for a consideration equal to one-sixth of the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease.

(viii) where the lease does not purport to be for any definite term;

The same duty as a Conveyance (No. 20) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.

(b) where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved;

The same duty as a Conveyance (No. 20) 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 fine or premium, or for money advanced in addition to rent reserved;

The same duty as a Conveyance (No. 20) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered; Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee fifty naye paise.

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.

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.

 

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

Twenty naye paise.

33. 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.

Twenty-two rupees, fifty naye paise.

34. Memorandum of Association of a Company--

(a) if accompanied by articles of association under the Companies Act, 1956 (Central Act I of 1956);

(b) if not so accompanied

Exemption.

Memorandum of any association not formed for profit and registered under the Companies Act, 1956 (Central Act I of 1956).

Sixty rupees.

One hundred and sixty rupees.

35. Mortgage Deed, not being an Agreement relating to Deposit of Title deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 14), Mortgage of a Crop (No. 36), Respondentia Bond (No. 47) or Security Bond (No. 48)--

 

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

The same duty as a Conveyance (No. 20) for a consideration 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. 14) or the amount secured by such deed.

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

 

(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;

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

One rupee fifty nave paise.

One rupee fifty naye 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.

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

(a) when the loan is repayable not more than three months from the date of the instrument--

for every sum secured not exceeding Rs. 200.

Twenty-five naye paise.

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--

Twenty-five naye paise.

for every sum secured not exceeding Rs. 100.

Forty naye paise.

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

Forty naye paise.

37. Notarial act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No. 43) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.

Two rupees twenty-five naye paise.

38. 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;

(b) of any stock or marketable security exceeding in value twenty rupees.

Forty naye paise.

Subject to a maximum of thirty rupees twenty-five naye paise for every Rs. 10,000 or part thereof of the value of the stock or security.

39. Note of Protest by the Master of a Ship.

One rupee.

40. Partition--Instrument of [as defined by section 2 (15)]--

The same duty as a Bottomry Bond (No. 14) 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 one rupee fifty 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 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 one rupee fifty naye paise.

41. Partnership--

 

A. Instrument of--

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

Ten rupees.

(b) in any other case B. Dissolution of--

Forty rupees.

42. Power of Attorney as defined by section 2 (21) not being a proxy--

(a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;

Twenty rupees. Seventy-five naye paise.

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

One rupee fifty naye paise.

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

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

Eleven rupees twenty-five naye paise.

Twenty-two rupees fifty naye paise.

(e) when given for consideration and authorising the attorney to sell any immovable property;

The same duty as a conveyance (No. 20) for the amount of the consideration.

(f) in any other case

Two rupees twenty-five naye paise for each per son authorised.

 

N.B.--The term 'Registration' includes every operation incidental to registration under the Indian 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.

 

43. 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.

44. Protest by the Master of a Ship, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the 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.

Two rupees.

45. 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. 20) for the amount of such consideration as set forth in the reconveyance.

(b) in any other case .. ..

Thirty rupees.

46. 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 Bottomry Bond (No. 14) for such amount or value as set forth in the release.

(b) in any other case

Fifteen rupees.

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

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

48. Security Bond or Mortgage Deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract--

 

(a) when the amount secured does not exceed Rs. 1,000;

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

(b) in any other case .. ..

Fifteen rupees.

Exemptions.

 

Bond or other instrument, when executed--

 

(a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital, or any other object of public utility, shall not be less than a specified sum per mensem;

(b) 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 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.

 

40. Settlement--

 

A. Instrument of (including a deed of dower)

The same duty as a Bottomry Bond (Xo. 14) for a sum equal to the amount or value of the property settled as set forth in such settlement;

 

Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is sub. sequently executed, the duty on such instrument shall not exceed one rupee fifty naye paise.

Exemption.

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

B. Revocation of .. ..

The tame duty as a Bottomry Bond (No. 14) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of revocation, but not exceeding thirty rupees.

50. Share Warrants to bearer issued under the Companies Act, 1956 (Central Act I of 1956).

One and a half times the duty payable on a Conveyance (No. 20) for a consideration 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 (Central Act I 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.

 

51. Shipping.--Order for or relating to the conveyance of goods on board of any vessel.

Ten naye paise.

52. Surrender of Lease--

 

(a) when the duty with which the lease is chargeable docs not exceed fifteen rupees.

The duty with which such lease is chargeable.

(b) in any other case

Exemption.

Fifteen rupees.

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

53. Transfer (whether with or without consideration)--

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

One half of the duty payable on a Conveyance (No. 20) for a consideration equal to the face-amount of the debenture.

(b) 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 fifteen rupees;

The duty with which such bond, mortgage deed or policy of insurance is chargeable.

(ii) in any other case ..

(c) of any property under the Administrator-Generals Act, 1913 (Central Act III of 1913), section 25;

Fifteen rupees.

Twenty-two rupees fifty naye paise.

(d) of any trust property from one trustee to another trustee or from a trustee to a beneficiary.

Eleven rupees twenty-five naye paise or such smalles amount as may be chargeable under clauser (a) and (b) of this Article.

Exemptions.

 

Transfers by endorsement--

 

(a) of a bill of exchange, cheque or promissory note;

(b) of a bill of lading, delivery order, Warrant for goods, or other mercantile document of title to goods;

 

(c) of a policy of insurance;

(d) of securities of the Central Government.

 

54. Transfer of Lease by way of assignment, and not by way of under-lease.

The same duty as a Conveyance (No. 20) for a consideration equal to the amount of the consideration for the transfer.

Exemption.

 

Transfer of any lease exempt from duty. 55. 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. 14) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding forty-five rupees.

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

The same duty as a Bottomry Bond (No. 14) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding thirty rupees.

56. Warrant for goods, that is to say, any instrument evidencing the title of any person therein named, or his assigns; or the holder thereof, to the property in any goods lying in or upon any dock, 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.