THE INDIAN STAMP (MADHYA PRADESH
AMENDMENT) ACT, 2015
[Act No. 06 of 2016]
[14th January, 2016]
PREAMBLE
An Act further to amend the Indian Stamp Act, 1899
in its application to the State of Madhya Pradesh.
Be it
enacted by the Madhya Pradesh legislature in the Sixty-sixth year of the
Republic of India as follows:--
Section 1 - Short title
This
Act may be called the Indian Stamp (Madhya Pradesh Amendment) Act, 2015.
Section 2 - Amendment of Central Act No. II of 1899, in its application to the State of Madhya Pradesh
The
Indian Stamp Act, 1899 (No. II of 1899) (hereinafter referred to as the
principal Act), shall in its application to the State of Madhya Pradesh, be
amended in the manner hereinafter provided.
Section 3 - Amendment of Schedule 1-A
In
Schedule 1-A to the principal Act,--
(i)
in article 6, after clause (g), the following
clauses and entries relating thereto shall be inserted, namely:--
"(ga) |
If
relating to advertisement on Radio, Television, Cinema, Cable network or any
media other than newspaper |
0.25
percent of the amount of consideration specified in such agreement, subject
to a minimum of rupees five hundred and a maximum of rupees twenty five
thousand. |
(gb) |
Work
contract, not being a Development/Construction agreement or a Security bond, containing
an agreement to secure the due performance of a contract or due discharge of
a liability. |
0.25
percent of the amount or value secured by such deed, subject to a minimum of
rupees five hundred and a maximum of rupees twenty five thousand."; |
(ii)
for article 19 and entry relating thereto,
the following article and entry relating thereto shall be substituted,
namely:--
"19.
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 or an officer
authorised to do so under any law for the time being in force. |
The same duty as
a conveyance (No. 25) on the market value of the property or purchase amount,
whichever is higher."; |
(iii)
for article 38 and entries relating thereto,
the following article and entries relating thereto shall be substituted,
namely:--.
"38.(a) Lease, including an under-lease or sub-lease
and any agreement to let or sub-let or any renewal of lease, other than mining
lease--
(i) |
where
the lease purports to be for a term less than one year. |
0.01
percent of the whole amount payable or deliverable under such lease, or of
the market value of the property, whichever is higher. |
(ii) |
where
the lease purports to be for a term of one year or more but up to five years. |
0.1
percent of the sum of the amount of premium or money advanced or to be
advanced and the average annual rent reserved, or of the market value of the
property, whichever is higher. |
(iii) |
where
the lease purports to be for a term exceeding five years but up to ten years. |
0.5
percent of the sum of the amount of premium or money advanced or to be
advanced and the average annual rent reserved, or of the market value of the
property, whichever is higher. |
(iv) |
where
the lease purports to be for a term exceeding ten years but up to twenty
years. |
one
percent of the sum of the amount of premium or money advanced or to be
advanced and the average annual rent reserved, or of the market value of the
property, whichever is higher. |
(v) |
where
the lease purports to be for a term exceeding twenty years but less than
thirty years. |
two
percent of the sum, of the amount of premium or money advanced or to be
advanced and the average annual rent reserved, or of the market value of the
property, whichever is higher. |
(vi) |
where
the lease purports to be for a period of thirty years or more, or in
perpetuity, or does not purport to be for a definite period. |
five
percent of the sum of the amount of premium or money advanced or to be
advanced and the average annual rent reserved, or of the market value of the
property, whichever is higher. |
(b) |
Mining Lease, of
any term including an under-lease or sub-lease and any agreement to let or
sub-let or any renewal of lease, |
0.75 percent for
the whole amount payable or deliverable under such lease. |
Explanation I. When an instrument of agreement to
lease is stamped with the ad-valorem duty required for-a lease, and a lease
in pursuance of such agreement is subsequently executed, the duty on such
lease deed shall be the duty payable under the article less the duty already
paid, subject to a minimum of one thousand rupees. |
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|
Explanation II. Where a decree or final order of any Civil Court in
respect of a lease is stamped with ad-valorem duty required for a lease, and
a lease in pursuance of such decree or final order is subsequently executed,
the duty on such lease deed shall be the duty payable under the article less the
duty already paid, subject to a minimum of one thousand rupees. |
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|
Explanation III. Any consideration in the form of
premium, or money advanced or to be advanced by whatever name called except
which is refundable or adjustable against any other amount payable under the
lease shall, for the purpose of this article, be treated as consideration
passed on. |
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Explanation IV. The renewal period, if specifically
mentioned in the lease deed, shall be treated as part of the present lease
period. |
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Explanation V. 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 lesser, the amount so agreed to be paid by the lessee shall be
deemed to be part of the rent. Also, rent paid in advance shall be deemed to
be money advanced, unless it is specifically provided in the lease that rent
paid in advance shall be set off towards the installments of rent. |
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Explanation VI. For the purpose of this article
royalty shall be treated as rent. |
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Explanation VII. For the purpose of this article
market value, premium and rent of any property, which is subject matter of
lease executed by or on behalf of the Central Government or the State
Government or any undertaking of the State Government or any municipal body
in the State shall be as shown in the instrument. |
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Explanation VIII. For the purpose of this article
document of Leave and Licence or Conducting Licence, if relating to immovable
property and in the nature of a lease shall be treated as lease deed."; |
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(iv)
after article 41, the following article and
entries relating thereto shall be inserted, namely:--
"41A. Licence, relating to arms or ammunitions, that
is to say document evidencing the licence or renewal of licence relating to
arms or ammunitions under the provisions of the Arms Act, 1959 (No. 54 of
1959).
(a) |
Licence relating
to-- |
|
(i) |
Revolvers and
Pistols |
Five thousand
rupees, |
(ii) |
Weapons other
than Revolvers and Pistols |
Two thousand
rupees, |
(b) |
Renewal of
licence relating to-- |
|
(i) |
Revolvers and
Pistols |
Two thousand
rupees, |
(ii) |
Weapons other
than Revolvers and Pistols |
One thousand
rupees.". |