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INDIAN STAMP (MADHYA PRADESH AMENDMENT) ACT, 1967

INDIAN STAMP (MADHYA PRADESH AMENDMENT) ACT, 1967

THE INDIAN STAMP (MADHYA PRADESH AMENDMENT) ACT, 1967

[Act No. 28 of 1967]

[23rd December, 1967]

PREAMBLE

An Act further to amend the Indian Stamp Act, 1899 (II of 1899) in its application to the State of Madhya Pradesh.

Be it enacted by the Madhya Pradesh Legislature in the Eighteenth Year of the Republic of India as follows:-

Section 1 - Short title

This Act may be called the Indian Stamp (Madhya Pradesh Amendment) Act, 1967.

Section 2 - Substitution of Schedule I-A

In the Indian Stamp Act, 1899 (II of 1899) for Schedule I-A, the following Schedule shall be substituted, namely:-

"SCHEDULE I-A

Stamp duty on certain instruments

(See section 3, First Proviso)

[Note.-The articles in Schedule I-A are numbered so as to correspond with similar articles in Schedule 1].

Description of instrument

Proper Stamp duty

(1)

(2)

1. Acknowledgement of a debt exceeding twenty rupees in amount or value or signed by, or on behalf of, a debtor in order to supply evi-dence 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 to the creditor's possession;

Twenty-five paise

Provided that such acknowledgment does not contain any promise to pay the debt or any stipu-lation to pay interest, or to deliver any goods or other property.

2. Administration Bond, including a bond given under section 291, 375 or 376 of the Indian Succession Act, 1925 (XXXIX of 1925), or section 6 of the Government Savings Bank Act, 1873 (V of 1873).

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

3. Adoption deed, that is to say, any instru-ment (other than a will) recording an adoption, or conferring or purporting to confer an authority to adopt.

Thirty rupees.

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

Four rupees.

Exemptions

Affidavit or declaration in writing when made-

(a) As a condition of enrolment under the Army Act, 1950 (XLVI of 1950), or the Air Force Act, 1950 (XLV 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 agreement-

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

Fifty paise.

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

Subject to a maximum of forty rupees, thirty paise for every ten thousand rupees or part thereof, of the value of the security or share.

(c) if not otherwise provided for

Two rupees and twenty five paise.

Exemptions

Agreement or memorandum of an agreement-

(a) for or relating to the sale of goods or merchandise exclusively, not being a note or memorandum chargeable under No. 43;

(b) made in the form of tenders to the Central Government for, or relating to, any loan. Agreement to Lease, see Lease (No. 35).

6. Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any instrument evidencing an agreement relating to-

(1) the deposits of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security); or

(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt-

(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement-

If drawn singly

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

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

(1)

(2)

(3)

Rs. p.

Rs. p.

Rs. p.

(i) When the amount of loan or debt does not exceed Rs. 100;

0.25

0.15

0.10

(ii) When the amount of loan or debt exceeds Rs. 100 but does not exceed Rs. 200;

0.40

0.25

0.40

(iii) When it exceeds-

Rs. 200 but does not exceed Rs. 400

0.75

0.35

0.25

Rs. 400 but does not exceed Rs. 600

1.10

 

0.60

0.35

Rs. 600 but does not exceed Rs. 800

1.50

0.75

0.50

Rs. 800 but do not exceed Rs. 1,000

1.85

1.00

0.60

Rs. 1,000 but does not exceed Rs. 1,200

2.25

1.10

0.75

Rs. 1,200 but does not exceed Rs. 1,600

3.00

1.50

1.00

Rs. 1,600 but does not exceed Rs. 2,500

4.50

2.25

1.50

Rs. 2,500 but does not exceed Rs. 5,000

9.00

4.50

3.00

Rs. 5,000 but does not exceed Rs. 7,500

13.35

6.75

4.50

Rs. 7,300 but dots not exceed Rs. 10,000

18.00

9.00

6.00

Rs. 10,000 but does not exceed Rs. 15,000

27.00

13.50

9.00

Rs. 15,000 but does not exceed Rs. 20,000

36.00

18.00

12.00

Rs. 20,000 but does not exceed Rs. 25,000

45.00

22.50

15.00

Rs. 25,000 but does not exceed Rs. 30,000

54.00

27.00

18.00

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

18.00

9.00

6.00

(b) if such loan or debt is repayable not more than three months from the date of such instrument-

(i) When the amount of loan or debt does not exceed Rs. 100.

0.15

0.10

0.5

 

(ii) When the amount of the loan exceeds Rs. 100 but does not Rs. 200.

or debt exceed

0.20

0.15

0. 5

(iii) When it exceeds-

 

 

 

Rs.

200 but does not exceed

Rs.

400

0.40

0.20

0.15

Rs.

400

Do.

Rs.

600

0.55

0.30

0.20

Rs.

600

Do.

Rs.

800

0.75

0.40

0.25

Rs.

800

Do.

Rs.

1,000

0.95

0.50

0.30

Rs.

1,000

Do.

Rs.

1,200

1.15

0.55

0.40

Rs.

1,200

Do.

Rs.

1,600

1.50

0.75

0.50

Rs.

1,600

Do.

Rs.

2,500

2.25

1.15

0.75

Rs.

2,500

Do.

Rs.

5,000

4.50

2.25

1.50

Rs.

5,000

Do.

Rs.

7,500

6.70

3.40

2.25

Rs.

7,000

Do.

Rs.

10,000

9.00

4.50

3.00

Rs.

10,000

Do.

Rs.

15,000

13.50

6.75

4.50

Rs.

15,000

Do.

Rs.

20,000

18.00

9.00

6.00

Rs.

20,000

Do.

Rs.

25,000

22.50

11.25

7.50

Rs.

25,000

Do.

Rs.

30,000

27.00

13,50

9.00

and for every additional

Rs.

10,000

Or part hereof in excess of

Rs.

30,000

9.00

4.50

3.00

7. Appointment in execution of a power whether of trustees or of property, movable or where made by any writing not being a will.

Thirty 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 is a Bond (No. 15) for such amount.

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

Twenty two rupees fifty paise.

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).

Ten rupees.

Exemption

Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (LII of 1961), 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 Section 26 of the Indian Companies Act, 1913 (VII of 1913) or section 25 of the Companies Act, 1956 (1 of 1956).

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

11. Articles of clerkship or contract, whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court.

Three hundred and thirty three rupees thirty five paise.

Assignment, see Conveyance (No. 23), Transfer (No. 62), and Transfer of Lease (No. 63), as the case may be.

Attorney, see Power of Attorney (No. 48).

Authority to adopt, see Adoption-Deed (No. 3).

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 other wise than by an order of the Court in the course of 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 and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000;

Twenty two rupees and fifty paise.

One rupee and fifty paise subject to a maximum of one hundred and fifty rupees.

(c) where the subject matter of award is in-capable of valuation.

Twenty two rupees fifty paise.

13. * *

* *

14. * *

* *

15. Bond, as defined by section 2(5) not being a Debenture and not being otherwise provided by this Act or by the Court fees Act, 1870 (VII of 1870)-

Where the amount of value secured does not exceed Rs. 10;

Twenty five paise.

Where it exceeds Rs. 10 and does not exceed Rs. 50;

Seventy five paise.

Where it exceeds Rs. 50 and does not exceed Rs. 100;

One rupee fifty 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 paise.

Where it exceeds Rs. 300 and does not exceed Rs. 400;

Seven rupees.

Where it exceeds Rs. 400 and does not exceed Rs. 500;

Ten rupees.

Where it exceeds Rs. 500 and does not exceed Rs. 600;

Twelve rupees.

Where it exceeds Rs. 600 and does not exceed Rs. 700;

Fourteen rupees.

Where it exceeds Rs. 700 and does not exceed Rs. 800;

Sixteen rupees.

Where it exceeds Rs. 800 and does not exceed Rs. 900;

Eighteen rupees.

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

Twenty rupees.

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

Ten rupees.

See Administration Bond (No. 2), Bond (No. 15), 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 subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.

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

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

17. Cancellation, instrument of (including any instrument by which instrument previously executed is cancelled), if attested and not other-wise provided for.

Fifteen 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 grant-ed 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;

Thirty five paise.

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

Seventy five paise.

(c) in other case

The same duty as a Conveyance (No. 23) for consideration equal to the amount of the purchase-money only.

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

Thirty 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 purpose of the charterer, whether it includes a penalty clause or not.

Two rupees, sixty five paise

21. * *

*

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 where payment of composition of dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors

Thirty rupees.

23. Conveyance, not being a transfer charged or exempted under No. 62-

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

One rupee.

Where it exceeds-

Rs. 50 but does not exceed Rs. 100;

Two rupees fifty paise.

Rs. 100 but does not exceed Rs. 200;

Five rupees.

Rs. 200 but does not exceed Rs. 300;

Ten rupees and fifty paise.

Rs. 300 but does not exceed Rs. 400;

Fourteen rupees.

Rs. 400 but does not exceed Rs. 500;

Seventeen rupees and fifty paise.

Rs. 500 but does not exceed Rs. 600;

Twenty one rupees.

Rs. 600 but does not exceed Rs. 700;

Twenty four rupees and fifty paise.

Rs. 700 but does not exceed Rs. 800;

Twenty eight rupees.

Rs. 800 but does not exceed Rs. 900;

Thirty one rupees and fifty paise.

Rs. 900 but does not exceed Rs. 1,000;

Thirty five rupees.

and for every rupees five hundred or part thereof in excess of rupees 1,000.

Seventeen rupees and fifty paise.

Exemption

Assignment of copy-right under the Copy-Right Act 1957 (14 of 1957), Section 18.

Go-partnership-deed, See Partnership (No. 46).

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

(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed two rupees and twenty five paise.

Two rupees and twenty five paise.

(ii) in any other case

Three rupees.

Exemption

(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.

(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or buriats.

25. Counterpart or duplicate, of any in trument chargeable with duty and in respect of which the proper duty has been paid-

(a) if the duty with which the original instrument is chargeable does not exceed one rupee and fifty paise;

The same duty as is payable on the original.

(b) in any other case

Three 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

Twenty rupee.

27. * * * * *

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.-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.

Ten paise.

Deposit of Title.- deeds, See agreement relating to Deposit of Title-deeds, Pawn or Pledge (No. 6).

Dissolution of partnership, See Partnership (No. 46).

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

Twenty six rupees sixty five paise.

Dower, instrument of, See Settlement (No. 58).

Duplicate, See Counterpart (No. 25)

30. * * * *

* * *

31. Exchange of property, instrument of Extract, See Copy (No. 24).

The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.

32. Further charge, instrument of, that is to say any instrument imposing a further charge on mortgage property-

(a) When the original mortgage is one if the description referred to in clause (a) of Article No. 40 (that is, with possession).

The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument.

(b) When such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession)-

(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;

The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the charge (including the original mort-gage and any further charge already made) less the duty already paid on such original mortgage and further charge.

(ii) if possession is not so given

The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument.

33. Gift, instrument of, not being a settlement (No. 58) or will or Transfer (No. 62)-

The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property as set forth in such instrument

Hiring Agreement or Agreement for service, See Agreement (No. 5).

34. Indemnity-Bond

The same duty as a Security Bond (No. 57) for the same amount.

Inspectorships-Deed, Composition See Deed (No. 22)

35. Lease, including an under-lease or sub-lease and any agreement to let or sub-let:-

(a) where by such lease the rent is fixed and no premium is paid or delivered-

(i) Where the lease purports to be for a term of less than one year;

The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease.

(h) 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 average annual rent reserved.

(iii) Where the lease purports to be for a term exceeding five years but not exceeding ten years;

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of one and half times the average annual rent reserved.

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

The same duty as a Conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual met reserved.

(v) Where the lease purports to be for a terra exceeding twenty years but not exceeding thirty years;

The same duty as a Conveyance (No. 23) for a consideration equal to five times the amount or value of the average annual rent reserved.

(vi) Where the lease purports to be for a term exceeding thirty years but does not exceed one hundred years;

The same duty as a Conveyance (No. 23) for a consideration equal to eight times the amount or value of the average annual rent reserved.

(vii) Where the lease purports to be for a term exceeding one hundred years or in perpetuity;

The same duty as a Conveyance (No. 23) for a consideration equal to one fourth of the whole amount of rent which would be paid or delivered in respect of the first fifty years of the lease.

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

The same duty as a Conveyance (No. 23) for a 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 me lease is granted for a fine or premium, or for money advanced and where no rent is reserved.

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease.

(e) Where the lease is granted for a fine or premium, or for money advanced in addition to rent reserved;

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered:

Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed two rupees.

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 dose not exceed one hundred rupees.

Explanation-When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlords' 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 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 can to be raised by any company or proposed company.

Twenty paise.

37, * *

* *

Letter of Guarantee, see Agreement (No. 5)

38. Letter of Licence, that is to say, any agreement between a debtor and his creditors that the later shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.

Thirty rupees.

39 Memorandum of Association of a company-

(a) if accompanied by Articles of Association under section 17 of the Indian Companies Act, 1913 (VII of 1913), or sections 26, 27 and 28 of the Companies Act, 1956 (I of 1956);

Ninety rupees.

(b) if not so accompanied

One hundred and sixty rupee.

Exemption

Memorandum of any association not forced for profit and registered under section 25 of the Indian Companies Act, 1913 (VII of 1913) or section 25 of the Companies Act, 1956 (I of 1956).

40. Mortgage deed, not being an agreement relating to Deposit of Title Deeds, Pawn or Pledge (No. 6) Bond (No. 15). Mortgage of a Crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57)-

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

The same duty as a Conveyance (No. 23) for a consideration equal to the amount secured by such deed.

(b) When possession is not given or agreed to be given as aforesaid;

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

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

(c) When a collateral or auxiliary or additional or substitute security or by way of further assurance for above-mentioned purpose where the principal or primary security is duly stamped-

For every sum secured not exceeding Rs. 1,000 and

Two rupees twenty five paise.

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

Two rupees twenty five paise

Exemptions

(1) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (XII of 1884), or by their sureties as security for the repayment of such advances.

(2) Letters 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;

Twenty paise.

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

Twenty paise.

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

for every sum secured not exceeding Rs. 100;

Thirty paise.

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

Thirty 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.

Three rupees and fifty paise.

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

43. Note or memorandum, sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal-

(a) of any goods exceeding in value twenty rupees;

fifty paise

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

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

44. Note of Protest by the Master of a Ship.-

See also Protest by the Master of ship (No. 51).

One rupee and thirty five paise.

45. Partition, Instrument of, [as defined by section 2(15).

The same duty as a bond (No. 15) for the amount or the value of the separated share or shares of the property.

N.B.-The largest shares remaining after the property is partitioned (for 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 shades are separated;

Provided always that-

(a) when an instrument partition containing an agreement to divide property in severally is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than two rupees;

(b) where land is held of Revenue Settlement (notwithstanding the fact that land revenue thereon is payable or not), the value for the purpose of duty shall be calculated at not more than fifty times the annual revenue;

(c) where a final order for effecting a partition passed by any Revenue Authority or any Civil Court or an award by an arbitration directing a partition, is stamped with the stamp required for a 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 two rupees.

46. Partnership-

A-Instrument of-

(a) where the capital of partnership does not exceed Rs. 2,000;

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

(b) where it exceeds Rs. 2,000 but does not exceed Rs. 5,000,-

Sixty rupees.

(c) in any other case.

One hundred rupees.

B-Dissolution of-

PAWN OR PLEDGE See Agreement relating to Deposit of title-deeds, Pawan or Pledge (No, 6).

Twenty two rupees and fifty paise.

47. * *

*

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;

Two rupees.

(b) when required in suits or proceedings under the Provincial Small Causes Courts Act, 1887 (IX of 1887), or any other law relating to small Cause Courts in force in any region of the State;

Two rupees.

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

Three rupees.

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

Fifteen rupees.

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

Thirty rupees.

(f) when giving for consideration and authorising the attorney to sell any immovable property;

The same duty as a Conveyance (No. 23) for the amount of the consideration.

(g) in any other case.

Three rupees for each person-authorised.

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

N.B.-The term "registration" include, every operation incidental to registration under the Indian Registration Act, 1908 (XVI of 1903).

49.* * *

* *

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, attest-ing the dishonour of a Bill of Exchange or Promissory Note.

Three rupees.

51. Protest by the Master of a Skip, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losse 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 sixty five paise.

(See also Note of protest by the master or a ship (No. 44).

52. * *

53. * * *

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54. Reconveyance of Mortgaged property.-

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

The same duty as a Conveyance (No. 23) for the amount of such consideration as set forth in the Reconveyance.

(b) in any other case ......... ...

Forty-five rupees.

55. Release, that is to say, any instrument (not being such release as is provided for by Section 23-A whereby a person renounces a claim upon another person or against any specified property.-

(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 ............

Fifty rupees.

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

The same duty as a Bond (No. 15) for the amount of the loan secured.

Revocation of any Trust or Settlement-See Settlement (No. 58), Trust (No. 64).

57. Security Bond or 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 ............

Twenty-two rupees and fifty paise.

Exemptions

Bond or other instrument, when executed.-

(a)

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

(c) by persons taking advances under the Land Improvement Loans Act, 1888, (XIX of 1883), or the Agriculturist, Loans Act, 1884 (XII of 1884); or by their sureties, as security for the repayment of such advances;

(d) 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.

(2)

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 amount or value of the property settled as set forth in such settlement:

Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such-agreement is subsequently executed, the duty on such instrument shall not exceed two rupees and twenty five paise.

Exemption

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

B-Revocation of- ............

The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding thirty-six rupees.

See also Trust (No. 64).

59. Share warrant's, to bearer issued under the Indian Companies Act, 1913 (VII of 1913) or the Companies Act, 1956 (1 of 1956).

One and half times the duty payable on a Conveyance (No. 23), for a consideration equal to the nominal amount of the shares specified in the warrant.

Exemptions

Share Warrant when issued by a Company in pursuance of the Indian Companies Act, 1913 (VII of 1913), section 43 or the Companies Act, 1956 (1 of 1956) section 114, to have effect only upon payment as composition for that duty, to the Collector of stamp revenue, of-

(a) one and a half per centum of the whole sub-scribed capital of the company, or

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

60. Shipping order, for or relating to the conveyance of goods on board of any vessel.

Ten paise.

61. Surrender of lease.-

(a) when the duty with which the lease is chargeable does not exceed seven rupees fifty paise;

The duty with which such lease is chargeable.

(b) in any other case...................

Ten rupees.

Exemption

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

62. Transfer, (whether with or without consideration).-

(a)

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

One half of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debenture.

(c) of any interest secured by a bond, mortgage deed or policy of insurance,-

(i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees;

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

(ii) in any other case

Ten rupees.

(d) of any property under the Administrator-General Act, 1963, Section 22.

Twenty six rupees sixty five paise.

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

Fifteen rupees or such smaller amount as may be chargeable under clauses (b) and (c) of this article.

Exemptions

Transfer by endorsement-

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

(b) of a bill of loading, delivery order, warrant for goods, or other mercantile documents of title to goods;

(c) of a policy of insurance:

(d) of securities of the Central Government.

-

See also section 8.

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

The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the consideration for the transfer.

Exemption

Transfer of any lease exempt from duty.

64. Trust-

A-Declaration of-of, or concerning, any property when made by any writing not being a will.

The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding seventy 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 sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty-five rupees.

Set also Settlement (No. 58).

Valuation, See Appraisement (No. 8).

Exemption

Charitable and religious trusts including wakf alal aulad.