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Description of
instrument
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
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Proper
Stamp-duty
25 paise to be
substitute in place of two annas Subject to a maximum of 50 rupees (in place
of 10Rs) 25 paise for every Rs 10,000 or part(thereof of the value of the security
at the time of its purchase or sale, as the case may be.
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(d) if relating
to the purchase or sale of shares, scripts, bonds debentures, debentures
stocks or any other marketable security of a like nature in or of any
incorporated O!" other body corporate
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(i) when such
agreement or memorandum of an agreement is with or through a member or
between members of stock exchange recognised under the Securities Contracts
(Regulation) Act, 1956:
|
Twenty Five
paise for every Rs. 10,00 or part thereof of the value of the security at the
time of its purchase or sale as or sale as the case may be.
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(ii) in any
other case;
|
Twenty Five
paise for every Rs. 10,00 or part thereof of the value of the security at the
time of its purchase or sale as or sale as the case may be.
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(d) if relating
to a sale or lease cum-sale of an immoveable property
(e) if relating
to mortgage-
i) When
possession of the property or or any part of the property comprised in such
agreement or
|
The same duty as
a Conveyance (no. 23) for the market value.
The same duty as
a Conveyance (No. 23) or the amount secured by such agreement, records
thereof or memorandum.
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records thereof
or memorandum is given by the executant thereof or agreed to be given;
(ii) when
possession is no given or agreed to be given as aforesaid
(f) if relating
to giving authority or power to a promoter or developer by whatever name
called, for construction on, development of, or sale or transfer (in any
manner whatsoever) of, any immovable property.
|
The same duty as
a clause of (b) of Article 40.
The same duty as
a conveyance (No. 23) for the market value
|
|
g) Deposit of
title deeds or institutions or instruments to financial institutions deposit
of little deeds or instruments to financial institutions and commercial banks
for loans; -
|
0.5 percent of
market value of the property, subject to maximum of Rs 50,000
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(h) if not
otherwise provided for.
|
Five Rupees
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Exemptions
(a) for or
relating to the sale of goods or merchandise exclusively not being a Note or
memorandum chargeable under article 43:
(b) made in the
form of tenders to the Central Government for or relating to any loan;
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Explanation. 1-
For the purpose of clause (d) and (f), the provisions of section 4Jl/A shall
apply mutatis mutandis to such agreement, records thereof or memorandum as
they apply to an instrument under that section;
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Explanation II-
For the purpose of clause (d) and (e), where subsequently conveyance or
mortgage, as the case may be, is executed in pursuance of such agreement or
memorandum the stamp duty, if any, already paid and recovered all the
agreement record thereof or memorandum shall be adjusted towards the total
duty leviable on the conveyance or mortgage, as the case may be. If the
agreement does not materialise for any reason the duty is liable to be
refunded as per prescribed procedure.
Description of
instrument
|
Proper
stamp-duty
|
|
AGREEMENT TO
LEASE-Lease (No. 35). ?6. AGREEMENTRELATING TO DEPOSIT OF TITLE-DEEDS, PAWN
OR PLEDGE, that
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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 C other than a marketable security), or
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(2) The pawn or
pledge of moveable property, where such deposit, pawn or pledge has been made
by way of security for the repayment of money advanced or to be advanced by
way of loan of an existing or future debt -
(a) if such Joan
or debt is repayable on demand or more than three months from the date of the
instrument evidencing the agreement-
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(i) if the
amount of loan does not exceed Rs. 500;
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Five Rupees
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(ii) if it
exceeds Rs. 500 and does not exceed Rs. 1,000;
|
Ten Rupees
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(iii) and for
every Rs. 1,000 or part thereof in excess of Rs. 1,000;
|
Ten rupees
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|
(b) if such loan
or debt is repayable not more than three months from the date of such instrument
Description of
Instruments
|
Half the duty
payable under, sub-clause (a). Proper stamp-duty
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EXEMPTIONS
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Instrument of
pawn or pledge of goods if un-attested
"7.
APPOINTMENT IN EXECUTION OF A POWER-
Whether of
trustees or of property, moveable or immoveable, where made by any writing
not being a will -
a) where the
value of the property does not exceed Rs. 1,000;
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Fifty rupees
|
|
(b) in any other
case
"8
APPRAISEMENT OR VALUATION made otherwise than under an order of the court in
the course of a suit -
|
Eighty-nine
rupees
|
|
(a) Where the
amount docs not exceed Rs. 1,000;
|
The same duty as
a Bond (No 15) for such amount
|
|
(b) in any other
case
|
Thirty Rupees
|
|
Exemptions
|
|
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(a) Appraisement
or valuation made for the
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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
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|
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"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.
|
Thirty Rupees
|
|
Exemptions
|
|
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Instrument of
apprenticeship executed by a Magistrate under the Apprentices Act. 1961 (Act
LII of 1961) or by, which a person is apprenticed by or at the charge of any
public charity.
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Description of
Instruments
13. ARTICLE OF
ASSOCIATIOH of a company where, the company has no share capital or nominal
share capital or increased share capital.
|
Proper
stamp-duty
One
hundred-rupees for every rupees 1,00,000 or part thereof
|
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Exemption:
"Section 25 of the Companies Act, 1956" be substituted in place of
"section 26 of the Indian Companies Act 1882.
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Note
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14. A WARD, 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.
|
The same duty as
a Bond (No 15) for the amount or value of the property to which the award,
relates as set forth in such award subject to a maximum of ninety nine
rupees.
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15. BOND (as
defined by Section 2(5) not being a Debenture (No. 27) and not being
otherwise provided for by this Act, or by the court Act, 1870 (7 of 1870)
for every Rs.
500 or part thereof
Exemption
|
One percent,
subject to a maximum of Rs 50,000
|
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Bond when
executed by any person for the purpose of gUlitanteei'l1g that the local
income derived from private subscriptions to charitable dispensary or
hospital or any other object of public utility shall not be less than a
specified sum per mensem.
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16. BOTTOMRY
BOND, that is to say, any instrument whereby the master of a sea-going
|
The same duty as
a Bond (No 15) for the amount
|
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ship borrows
money on the security of the ship to enable him to preserve the ship or
persecute her voyage.
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17.
CANCELLATION, instrument of (including any instrument by which any instrument
previously executed is cancelled), if attested and not otherwise Provided
for.
|
Thirty rupees
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|
See also RELEASE
(No. 55) Revocation of Settlement (No. 53-B), Surrender of Lease (No. 61),
Revocation of Trust (No. 64-B).
19. CERTIFICATE
OF SALE
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a) where the
purchase money does pot exceed Rs. 10/-
|
25 paise (in
place of two annas)
|
|
b) where the
purchase money exceed Rs 10/- nut does not exceed Rs 25/-
|
50 paise (in
place of four annas)
|
|
19. CERTIFICATE
OR OTHER DOCUMENT: evidencing the right or title of the holder thereof, or
any other person, either to any shares, script or stock in or of any
incorporated or become proprietor of shares, script or stock in or of any
such company or body.
|
Ten paise for
everyone one hundred rupees or a part thereof of the face value of the
shares, script or stock.
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Exemption:
Nominee holding shares in the name of joint share holders without having any
beneficial interest in the shares.
20. CHARTERED
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 chatterer, whether it includes a penalty
clause or not.
|
Seven rupees
|
|
22.
Composition-deed that is to say instrument executed by a debtor whereby he
convey his property for the benefit of his creditors or whereby payment of a
composition or dividend on their debts is secured to the creditors for
whereby provision is made for the continuance of the debtor's business, under
the supervision of inspectors nominated by the creditors or under letters of
license for the benefit of his creditors.
23. CONVEYANCE
(as defined by section 2(10) not being a transfer charged or exempted under
No. 62
On the true
market value of the property which is the subject matter of the conveyance.
|
.01 percentium
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(a) if relating
to the moveable property/assignment of debt, for every Rs. 500 or part
thereof;
|
Fifty paise
|
|
(b) if relating
to land or non-residential premises situated within the limit of:-
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(i) any rural
areas, for every Rs. 500 or part thereof;
|
Fifteen rupees
|
|
(ii) transitional
areas, for every Rs. 500 or part thereof;
|
Twenty five
rupees
|
|
(iii) Municipal
Councils(other than those such Municipal, councils falling within the limit
of Metropolitan area) and cantonments, if any, adjacent to such municipal
councils, for every Rs 500 or part thereof;
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Thirty rupees
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|
(iv) Municipal
Councils falling within the limit of Metropolitan area and Cantonments if any
adjacent to such M municipal Councils, for every Rs. 500 or part thereof;
|
Thirty five
rupees.
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|
(v) Municipal
corporation (other than municipal corporation falling within the limit of
metropolitan area) and cantonment if any, adjacent to such municipal
corporations, for every Rs 500 or part thereof
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(vi):Municipal
Corporations falling within the limit of Metropolitan area and Cantonments,
if any, adjacent to such Municipal Corporations, for every Rs. 500 or part
thereof,
|
Forty five
rupees.
|
|
Explanation
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For the purposes
of clause (b)-(a) "Metropolitan area" means "Metropolitan
area" as defined by the clause (d) of article 243p of the Constitution
of India.
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(b) transitional
area, Municipal Council and Municipal Corporation means transitional area,
Municipal Council and Municipal Corporations as provided under article 243q
of the Constitution of India.
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(c) if relating
to both moveable and immoveable property;
|
The same duty as
clause (a) and (b)
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(d) if relating
to residential premises consisting of building or unit
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(i) where the
value of which does not exceed Rs. 1,00,000;
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One hundred
rupees
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|
(ii) where it
exceeds Rs. 1,00,000 but does not
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One percent of
the value
|
|
exceed" Rs.
2,50,000;
(iii) where it
exceeds Rs 2,50,000 but does not exceed Rs 5,00,000
|
Rs. 2,500 plus 4
percent of the value above Rs. 2,50,000.
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(iv) where it
exceeds Rs 5,00,000 but does not exceed Rs 7,50,000
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Rs. 12,500 plus
6 percent of the value above Rs. 5,00,000.
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(v) where it
exceeds Rs 7,50,000 but does not exceed Rs 10,00,000
(vi) where it
exceeds Rs 10,00,000
|
Rs. 27,500 plus
8 percent of the value above
Rs. 7,50,000.
Rs 7,50,00
Rs 47,500 plus
10 percent of the value above
Rs 10,00,000
Provided that a
"certificate of value" is given stating that the transfer is not part
of a larger transaction, or a series of transactions
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Exemption
|
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Assignment of
copyright by entry made under the Copyright Act, 1957 (14 of 1957)
Explanation.
I-For the purposes of clause (d)-
(i)
"unit" includes a flat, apartment tenement, block or any other unit
by whatever called;
(ii) where a
building consists of units used for both, residential and non-residential
purposes, then the concession in duty shall be available in respect of the
value of those units in building which are used for residential purposes, and
the duty payable in respect of the units in the building which are used for
non-residential purposes shall be at the rates specified in clause
(b) and (c) on
the value of such units;
(iii) the duty
payable shall not exceed the amount of duty payable on such conveyance under
clauses (b) and (c).
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Explanation
II-For each property a certificate of value should be given stating that the
transfer is not part of a larger transaction or a series of transactions, for
a total price than the slab for which the duty is proposed in the deed for
assessment.
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Explanation.
III- For the purpose of payment of stamp duty is does not matter what type of
assets
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are received in
payment i.e., cash, shares, assumption of debt etc.
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(e) Instruments
evidencing transfer of property between companies limited by shares-
(i) where at
least 90 % of the issued share capital of the transferee company is in the
beneficial ownership of the transfer or company, or
|
Nil
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(ii) whereby the
transfer takes place between a parent company and a subsidiary company one of
which is the beneficial owner of not less than 90 % of the issued share
capital of the other; or
|
Nil
|
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(iii) where the
transfer takes place between two subsidiary companies of each of which not
less than 90 % of the share capital is in the beneficial ownership of a
common parent company.
|
Nil
|
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Provided that in
each case a certificate is obtained by the parties from the officer appointed
in this bebalf by the State Government that the conditions above prescribed
are fulfilled.
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CO-PARTNERSHIP
DEED see Partnership (No. 46)
24. COPY OR
EXTRACT
Certified to be
true copy or extract by or by or 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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(i) if the
original was not chargeable with duty, or if the duty with which it was
chargeable does not exceed one rupee;
|
four rupees
|
|
(ii) if any
other case not falling within the provision of section 6A.
|
Seven 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;
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(b) Copy of, or
extract from any register relating to births, baptisms, namings, dedication,
marriages, divorces, deaths or burials.
|
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|
25. COUNTERPART
OR DUPLICATE of any instrument, chargeable with duty and in respect of which
the proper duty bas been paid
|
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(a) if the duty
with which the original instrument is chargeable does not exceed two rupees;
(b) in any other
case not falling within the provisions of section 6A
|
The same duty as
is payable on the original Seven rupees
|
|
Exemption
|
|
|
Counterpart of
any lease granted to a cultivator when such lease is exempted from duty.
|
|
|
26. CUSTOM-BOND-
(a) where the
amount does not exceed Rs. 1,000;
(b) in any other
case
|
The same duty as
bond (No 5) for such amount
Forty rupees
|
|
Explanation 2. -
Debentures shall include -partially convertible debentures also, and the
legality of conversion of the designated portion of debenture into shares at
a later date will not be affected by the deficiency of stamp duty so long as
the difference between the debenture and share issue is paid within one month
of such conversion.
|
|
|
Exemption
|
|
|
The debenture
issued by an incorporated company or other body corporate in terms of a
registered mortgage -deed starT1ped in respect of the full amount or
debentures to be issued thereunder, whereby the company or body borrowing
makes over in, whole or in part, their property to trustees for the benefit
of the debentures - holders
|
|
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Provided that
the debentures so issued are expressed to be issued in terms of the said
mortgage deed for this purposes will carry a uniform advalorem rates of 2 %
subject to a monetary ceiling of Rs. 1,50,000 not withstanding the rates for
mortgages in general levied by the State Government, and shall be registered
in the state in which registered office of the concerned company is situated.
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28. DELIVERY
ORDER IN RES- Two rupees.
PECT 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 in any warehouse in which goods are stored or
|
Two rupees
|
|
deposited on
rent or hire, or upon any wharf, such instrument being signed by or behalf of
the owner of such goods upon the sale or transfer of the property therein,
when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE
DEEDS
See Agreement
relating to Deposit of Title deeds, Pawn or Pledge (No. 6).
|
|
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DISSOLUTION OF
PARTNERSHIP
See partnership
(No. 46)
29.
DIVORCE-Instrument of, that is to say, any instrument by which any person
effects the dissolution of his marriage.
|
Twenty rupees
|
|
DOWER Instrument
of, see settlement (No. 58).
|
|
|
DUPLICATE - See
counterpart (No. 25).
31. EXCHANGE OF
PROPERTY -Instrument of
|
The same duty as
a Conveyance (No. 23) for a market value equal to the market value of the
property of the greatest value which is the subject matter of exchange
|
|
Explanation For
each property a certificate of value should be given stating that the
transfer is not part of a larger transactions, or a series of transactions
for a total price more than the slab for which the duty is proposed in the
deed for assessment.
|
|
|
33.
GIFT-Instrument of not being a settlement (No. 58), will or Transfer (No.
62).
|
The same duty as
a conveyance (No 23) or a consideration equal to the market value of the
property as declared by the appropriate authority from time to time.
|
|
|
Provided that
where an instrument of gift contains any provision for the revocation of the
gift, the value of the property which is the subject matter of the gift,
shall for the purpose of duty be determined as if no such provision were
contained in the instrument.
|
|
35. LEASE for
immoveable property, including an under lease or sub-lease and any agreement
to let or sub-let
|
|
|
(a) where by
such lease the rent is fixed no premium is paid or delivered -
|
|
|
(b) 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.
|
|
(c) where the
lease purports to be for a term not less that one year but not more than
three year;
|
The same duty as
a Bond (No. 15) for the amount or value of the, average annual market rent
reserved plus the amount of premium.
|
|
(d) where the
lease purports to be for a term exceeding three years and not exceeding ten
years;
|
The same duty as
a Conveyance (No. 23) for a market value equal to the amount of the average
annual market of premium.
|
|
(e) where the
lease purports to be for a term exceeding ten years and not exceeding twenty
nine years;
|
The same duty as
a Conveyance (No. 23) for a market value equal to amount or value of the five
year average annual market rent reserve plus the amount of premium.
|
|
(f) where the
lease purports to be in excess of twenty nine years or in perpetuity
|
The same duty as
a Conveyance (No. 23) on the market value of the property which is the
subject matter of the lease.
|
|
(g) where the
lease is granted for the fine or for money advanced or to be advanced and
where no rent is fixed;
|
The same duty as
a Conveyance (No. 23) on the market value equal to the amount or value of
such fine or premium or premium or money advanced or to be advances as set
forth in the lease.
|
|
(c) Where the
lease is granted for a fine or premium or for a fine or for or value to be
advanced in addition to rent fixed.
|
The same duty as
a Conveyance (No. 23) for a market Value equal to the amount or value such
fine or premium or money advanced or to be advanced 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.
Provided that in
any case when an agreement to lease is stamped with the advalorem stamp
required for a lease and a lease in pursuance of such agreement is
subsequently executed, the lease shall not exceed five rupees.
|
|
|
Provided also
that market value of immoveable property on the date of lease is included as
part of the lease instrument or endorsed upon the such lease instrument or
firmly attached to the lease instrument (if prepared separately).
|
|
Exemption
|
|
|
Lease executed
in the case of a cultivator and the purposes of cultivation (including a
lease of trees for the production of food or drink) without the payment or
delivery of any fine or premium,
|
|
|
when a definite
term is expressed and such term does not exceed one year or when the average
annual rent reserved does not exceed one hundred rupees.
|
|
|
In this
exemption a lease for the purposes of cultivation shall include a lease of
land for cultivation together with a homestead or tank.
|
|
|
Explanation I:
When a lease under takes to pay recurring charge, such as Government revenue,
the landlords, share of cesses or the owners share of municipal rates or
taxes which is by law recoverable from the lesser, the amount so agreed to be
paid by the lesser shall be deemed to be part of the rent.
|
|
|
Explanation. II-
Rent paid in advance shall be deemed to be premium or money advanced within
the meaning of this article even if there is 'provision to set it off towards
any installments of rent.
|
|
|
Explanation.
III- An agreement of lease shall not be chargeable as a lease unless there is
an immediate and present demise.
|
|
|
Explanation. IV-
The market rent of a lease for immovable property at any time is the rent
which the lease for immovable property might reasonable be expected to fetch
at that time in the open market.
|
|
|
36. 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.
|
Two rupees.
|
|
38. LEITE R OF
LICENCE that is to say any agreement between a debtor and his creditors that
the letter shall, for a specified time suspend their claims and allow the
debtor to carryon business at his own discretion.
39. MEMORANDUM
OF ASSOCIATION OF COMPANY
|
Forty rupees.
|
|
(a) If
accompanied by Articles or Association under Section 26 of the Companies Act,
|
Fifty rupees
|
|
(b) If not so
accompanied
|
The same duty as
is leviable on Articles of
|
|
40. MORTGAGE
DEED, not being an agreement relating to deposit of Title Deeds, Pawn, Pledge
or Hypothecation (No. 6) Botoomry Bond (No. 16), Mortgage of a Crop (No. 41),
Respodentia Bond (No. 56) or Security Bond (No. 57).
|
Association (No.
10) according to the share capital of the company.
|
|
(a) When
possession of the property or any part of the property comprised in such deed
is given by the mortgager or agreed to be given;
(b) When
possession is not given or agreed to be-given as aforesaid,
|
The same duty as
a Conveyance (No 23) or a consideration equal to the amount secured by such
deed.
The same duty as
a Bond (No 1) for the amount secured by such deed.
|
|
Explanation, I-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 gove
possession within the meaning of this Article.
|
|
|
Explanation. II
- For the purpose of mortgage deed executed under the Article 27 of the
Schedule i.e., Debenture, stamp duty to be paid as provided in that 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.
|
The same duty-as
a Bond (No. 15) for the amount secured subject to a maximum of Rs 100
|
|
Exemption
|
|
|
Instruments
executed by persons taking advance under the Land Improvement Loans Act, 1883
(19 of 1883), or the Agriculturists Loans Act, 1884 (12 of 1884), or by the securities
as security for the repayment of such advances.
|
|
|
41. MORTGAGE OF
CROP, including any instrument evidencing an agreement to secure the
repayment of a loan' made, upon any mortgage of a crop, whether the crop is
or is not in existence at the time of the mortgage -
|
|
|
(a) when the
loan is repayable not more than three months from the date of the instrument
for every sum secured not exceeding Rs. 200 and for every Rs. 200 of part
thereof secured in excess of Rs. 200.
|
Two rupees
Two rupees
|
|
(b) when the
loan is repayable more than
|
|
|
eighteen months
from the date of instrument -for every sum secured not exceeding Rs. 100 and
|
Two rupees
|
|
for every Rs.
100 or part thereof secured in excess of Rs. 100
|
Two rupees
|
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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 and other person
law-fully acting as a Notary Public.
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Seven rupees
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|
see also protest
of Bill or
43. NOTE OR
MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase
or on account of such principal or a Government security or a share, scrip,
stock, bond, debenture stock or other marketable security of a like nature.
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50 paise for
every Rs. 10,000 or part thereof for the face value of the security, at the
time of its purchase or sale, as the case may be
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44. NOTE OF
PROTEST BY THE MASTER OF A SHIP-See also protest by the Master of Ship (No.
51)
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Five rupees
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45. PARTITION-Instrument
of (as defined by section 2(15))
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The same duty as
a Bond (N6.15) for the amount of the value of the rated shares 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 mote shares of equal value' and not smaller than any of the other share,
then one of such equal share) shall be deemed to be that from which the other
shares are separated. Provided always that-
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(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 affecting such partition
shall be reduced by the amount of duty paid in respect of first instrument
but shall not be less than four rupees.
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(b) where land
is held on revenue settlement for a period not exceeding thirty years and
paying the full assessment, the value
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for the purpose
of duty shall be calculated at not more than 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 in such instrument shall not exceed four rupees.
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46. PARTNERSHIP
?
A-Instrument of
?
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(a) wherein the
share capital ?
(i) does not
exceed Rs 10,000
(ii) of every Rs
10,000 or part there of in excess of Rs 10,000
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One hundred
rupees One hundred rupees
|
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(b) where the
partnership firm increases its share capital again, on the increased amount
of every Rs 10,000 or part thereof;
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One hundred
rupees
|
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(c) for small
scale units (as defined by the Government of India from time to time)
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Subject to a
maximum of one thousand rupees, one hundred rupees for every Rs. 10,000 or
part thereof the amount of the capital of partnership
|
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B. Dissolution
of -
(a) Where any
immovable property is taken as his share on dissolution partnership by a
partner other than a partner who brought that property as his share or
contribution to partnership.
|
The same duty as
a conveyance (No. 23) on the market value of such property.
|
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(b) in any other
case
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One hundred
rupees.
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48. POWER OF
ATTORNEY (as defined by section 2 (2), 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;
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Ten rupees
|
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(b) when
required in suits or proceedings under the Presidency Small Cause Court Act,
1882 (15 of 1882);
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Ten rupees
|
|
(d) when
authorizing not more than five persons
|
Fifty rupees
|
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to act jointly
and severally in more than one transaction or generally.
|
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(e) when
authorizing more than five but not more than ten persons to act jointly and
severally in more than one transaction or generally.
|
Ten rupees for
each person authorized subject to a minimum of rupees forty.
|
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(f) when given
for consideration and authorizing the attorney to sell any immovable property
(ff) when irrevocable authority is given to the attorney to sell immovable
property
|
The same duty as
a Conveyance (No. 23) on the market value of the property. The same duty as a
Conveyance (No. 23) on the market value of the property.
|
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(fff) when give
to a promoter or developer by whatever name called for the construction,
development of, or sale or transfer in any manner whatsoever of, any
immovable property.
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The same duty as
Conveyance (No. 23) on the market value of the property.
|
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(g) in any other
case
Explanation I ?
for the purpose of this Article more persons than one when belonging to the
same firm shall be deemed to be one person.
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Five rupees for
each authorized.
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Explanation II ?
The term ?registration? includes every operation incidental to registration
under the Registration Act, 1908 (XVI of 1908)
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Explanation III
? Where under clause (f), duty has been paid on power of attorney relating to
any property, no duty shall be chargeable executed in pursuance of the power
of attorney or between the granter, except on so far as the consideration for
the conveyance exceeds the consideration fort he power of attorney.
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50. PROTEST OF
BILL OR NOTE: that is to say, any declaration in writing made by a Notary
Public or other person lawfully acting as such, attesting the dishonor of a
bill-of-exchange or promissory note.
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Ten rupees
|
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51, PROTEST BY
MASTER OF A SHIP, that is to say, any declaration of the particular of her
voyage drawn up by him with a view of adjustment of losses or the calculation
of averages and every declaration in writing made by him against the charters
or 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.
See also Note of
protest by the Master of a Ship
|
Five rupees
|
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(No. 44).
54. RECONVEYANCE
OF MORTGAGED PROPERTY
|
The same duty as
a conveyance (No. 23) on the market value of the property, subject to maximum
of Rs. 100.
|
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55. RELEASE,
that is to say, any instrument (not being such a release as is provided for
by section 23-A), whereby a person renounces a claim upon another person or
against any specified property.-
|
Sixty rupees
|
|
(a) If the amount
of value of the claim does not exceed Rs. 1,000;
(b) in any other
case
|
The same duty as
a Bond (No. 15) for such amount or value as set forth in the release. Thirty
rupees
|
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56. RESPONDENTIA
BOND, that is to say, any instrument securing a loan on the cargo laden or to
be laden on Board a ship, and making repayment contingent on the arrival of
the cargo at the port of destination.
|
The same duty as
a Bond (No. 15), for the amount of the loan secured.
|
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REVOCATION OF
ANY TRUST OR SETTLEMENT-See settlement (No. 58), Trust (No. 64).
|
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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 the
thereof executed by a surety to secure the due performance of a contract
|
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(a) when the
amount secured does not exceed Rs. 1,000.
(b) in any other
case
|
The same duty as
a Bond (No. 15), for the amount of the loan secured.
Thirty rupees
|
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Exemption
|
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Bon or other,
instrument, when executed -
(a) by headmen
nominated under rules framed in accordance with the Bengal Irrigation Act,
1876, (Ben. Act III of 1876) section 99, for due performance of their duties
under that Act;
|
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(b) by any
person for the purpose of guaranteeing that the local income derived from
private sub-scriptions to a charitable dispensary
|
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or hospital, or
any other object of public utility, specified sum per mensem.
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(c) under No.
3-A of the rules made by the Government of Bombay in Council under section 70
of the Bombay Irrigation Act, 1879; (Born. Act VII of 1879).
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(d) Executed by
persons taking advances under the Land Improvement Loans Act, 1883, (Act XIX
of 1886) or the Agriculturist's Loans Act, 1884, (Act XII of 1884) or by
their sureties, as securities, for the repayment of such advance.
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(e) executed by
officers of Government or their sureties to secure the due execution of and
Office or the due accounting for money or other property received by virtue
thereof;
|
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58. Settlement.
A. Instrument of
(including a deed or dower).
|
The same duty as
a bond (No. 15) for a sum equal to the amount settled or the market value of
the property settled.
|
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Provided that,
where the 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 five rupees.
|
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Exemption
|
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Deed of dower
executed on the occasion of, or in connection with marriage between Muhammedans,
whether executed before or after the marriage.
|
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B. Revocation -
|
The same duty as
a Bond (No 15) for a sum equal to the amount settled or the market value of
the property concerned as set forth in the instrument of revocation, but not
exceeding one hundred rupees.
|
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59. Share
warrants
Share Warrants
to bearer the Companies Act, 1956.
|
The same duty as
a-Bond (No. 15) for a consideration equal to the criminal amount of shares
cretified in the warrant
|
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Exemption
|
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|
Share warrant
when issued by a company in pursuance of the Companies Act, 1956 to have the
effect only upon payment as composition for that duty, to the Collector of
Stamp revenue of-(a) one and a half percentul11 of the whole subscribed
capital of the company, or (b) if any company which has paid the duty or
composition in full subsequently issues an addition to its subscribed capital
one and a half percentum of the additional capital so issued.
|
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60. SHIPPING
ORDER for or relating to the conveyance of goods on board of any vessel
|
Two rupees
|
|
61. SURRENDER OF
LEASE-
(a) when the
duty which the lease is chargeable; does not exceed seven Rupees and fifty
paise
|
The duty with
which such leases chargeable.
|
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(b) in any other
case
|
Two rupees
|
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Exemption
|
|
|
Surrender of
lease, when such losses is exempted from duty
|
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64. TRUST
|
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|
A ? Declaration
of or concerning, any property when made by any writing not being a will.
|
The same duty as
Bond (No. 15) for a sum equal to the amount or value of the property
concerned, as set forth in the instrument but not exceeding twenty five
rupees
|
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B- Revocation of
or concerning property when made by any document other than a will.
|
The same duty as
Bond (No. 15) for a sum equal to the amount or value of the property
concerned, as set forth in the instrument but not exceeding twenty five
rupees
|
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See also
settlement (No. 58)
|
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VALUATION - See
Appraisement (No. 8)
|
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VAKIL ? See
entry as a Vakil (No. 30)
65. WARRANT FOR
GOODS, that is to say, any instrument evidencing the title of any person
therein named, or his assigns, or the holder thereof, to the property in any
goods lying in or upon any dock, warehouse or wharf, such instrument being
signed or certified by or on behalf of the person in whose custody such goods
may be.
|
Three rupees
|
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66. DUTY ON TRANSFER
OF TENANCY RIGHTS ?
|
Rs 50 per sq.
feet
|
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(a) of
commercial premises
(b) of
residential purposes
|
Rs 5 per sq.
feet
|
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P. Chakraborty
Secretary
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