THE INDIAN STAMP (MADHYA PRADESH
SECOND AMENDMENT) ACT, 1990
[Act No. 22 of 1990]
[26th September, 1990]
PREAMBLE
An Act farther 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 Forty-first Year of the
Republic of India as follows:-
Section 1 - Short title and commencement
(1)
This Act may be called the Indian Stamp
(Madhya Pradesh Second Amendment) Act, 1990.
(2)
It shall come into force on such date as the
State Government may, by notification, appoint.
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 I-A
In
Schedule I-A to the Principal Act,-
(1)
in article 4, in column (2), for the words
"Four rupees", the words "Five rupees" shall be
substituted;
(2)
in article 5, against clause (b), in column
(2), for the words "Five rupees", the words "Ten rupees"
shall be substituted;
(3)
in article 6, columns (1) and (2), for clauses
(a) and (b), the following clauses shall be substituted, namely:-
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"(a) if
such loan or debt is repayable on demand or more than three months from the
date; of instrument evidencing the agreement.
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2% of the amount
of loan or debt.
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(b) if such loan
or debt is repayable from the date of such instrument.
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Half the duty
payable under sub-not more than three months clause (a) of this
article."
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Explanation.-For
the purposes of clause (1) of this article, notwithstanding anything contained
in any Judgment, decree or order of any Court or order of any authority, any
letter, note, memorandum or writing relating to the deposit of title deeds
whether written or made either before or at the time when or after the deposit
of title deeds is effected, and whether it is in respect of the security for
the first loan or any additional loan or loans taken subsequently, shall, in
the absence of any separate agreement or memorandum of agreement relating to
deposit of such title deeds, be deemed to be an instrument evidencing an
agreement relating to the deposit of title deeds.
EXEMPTION.-
Instruments of pawn or pledge of agricultural produce if unattested."
(4)
in article 10,-
(a)
against clause (a), in column (2), for the
words "Fifty rupees", the words "Two hundred fifty rupees"
shall be substituted;
(b)
against clause (b), in column (2) for the
words "Two hundred fifty rupees", the words "Five hundred
rupees" shall be substituted;
(c)
in clause (c),-
(i)
against sub-clause (J), in column (2), for
the words "Two hundred and fifty rupees", the words "Five
hundred rupees" shall be substituted;
(ii)
against sub-clause (ii), in column (2), for
the words "Five hundred rupees", the words "One thousand
rupees" shall be substituted;
(iii)
against sub-clause (iii), in column (2), for
the words "Seven hundred fifty rupees", the words "One thousand
and five hundred rupees" shall be substituted;
(iv)
against sub-clause (iv), in column (2), for
the words "One thousand rupees", the words "Two thousand
rupees" shall be substituted;
(v)
against sub-clause (v), in column (2), for
the words "One thousand two hundred and fifty rupees" the words 'Two
thousand and five hundred rupees" shall be substituted;
(d)
against clause (d), in column (2), for the
words "Five thousand rupees", the words "Ten thousand
rupees" shall be substituted.
(5)
in article 22, in column (2), for the words
"Forty rupees", the words "Fifty rupees" shall be
substituted;
(6)
in article 23, in column (1) after the
exemption, the following explanation shall be inserted, namely:-
"Explanation.-For
the purpose of this article, where in the case of agreement to sell immovable
property, the possession of any immovable property is transferred to the
purchaser before execution or after execution' of, such agreement without
executing the conveyance in respect thereof then such agreement to sell shall
be deemed to be a conveyance and stamp duty thereon shall be leviable
accordingly:
Provided
that, the provisions of Section 47-A shall apply mutatis mutandis to such
agreement which is deemed to be a conveyance as aforesaid, as they apply to a
conveyance under that section:
Provided
further that where subsequently a conveyance is effected in pursuance of such
agreement of sale the stamp duty, if any, already paid and recovered on the
agreement of sale which is deemed to be a conveyance shall be adjusted towards
the total duty leviable on the conveyance, subject to a minimum of Rs.
10.";
(7)
for article 24, the following article shall
be substituted, namely:-
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"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
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...
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Five rupees
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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 baptism, namings,
dedications, marriages, divorces, deaths or burials.";
(8)
in article 35, in column (2), in the proviso,
for the words "Five rupees", the words "Ten rupees" shall
be substituted;
(9)
in article 42, in column (2), for the words
"Four rupees" the words "Five rupees" shall be substituted;
(10)
for article 45, the following article shall
be substituted, namely:-
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"45
Partition instrument of [as defined by Section 2(15)].
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The same duty as
a Bond (No. 15) for the amount of the market value of the separated share or
shares of the property
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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 share 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 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 ten rupees
(b)
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, and an instrument of partition in
pursuance of such order or award is subsequently executed the duty on such
instrument shall not exceed ten rupees",
(11)
in article 54, in column (2), for the words
"Seventy rupees" the words "One hundred rupees" shall be
substituted;
(12)
for article 55, the following article shall
be substituted, namely:-
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"55.
Release-that is to say instrument (not being such release as is provided for
by section 23-A where by a person renounces a claim upon, another person or
against any specified property.
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the same duty as
a Bond (No. 15) on the consideration or market value of the property
whichever is higher over which the claim is relinquished";
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(13)
in article 58, for the entry against clause A
in column (2), the following entry shall be "substituted, namely:-
"The
same duty as a Bond (No. 15) fox a sum equal to the amount of market value of
the property settled:
Provided
that, where an agreement to settle is stamped with the stamp required for an
instrument of settlement, and instrument of settlement, in pursuance of such
agreement is subsequently executed, the duty on such instrument shall not
exceed ten rupees".; and
(14)
in article 63, in column (2), for the
existing entry, the following entry shall be substituted, namely:-
"The
same duty as a conveyance (No. 23) on the market value of the property which is
the subject matter of transfer."