INDIAN
STAMP (TAMIL NADU AMENDMENT) ACT, 1981
Preamble - INDIAN STAMP (TAMIL NADU AMENDMENT) ACT, 1981
THE INDIAN STAMP (TAMIL NADU AMENDMENT) ACT, 1981
[Act No. 42 of 1981]
[21st July, 1981]
PREAMBLE
An Act further to amend the Indian Stamp Act, 1899 in its
application to the State of Tamil Nadu.
Be it enacted by the
legislature of the State of Tamil Nadu in the Thirty-second Year of the
Republic of India as follows:--
Section 1 - Short title, extent and commencement
(1)
This Act may be called the Indian Stamp (Tamil Nadu Amendment)
Act, 1981.
(2)
It extends to the whole of the State of Tamil Nadu.
(3)
It shall come into force on such date as the State Government may,
by notification, appoint.
Section 2 - Amendment of section 47-A, Central Act II of 1899
In section 47-A of the
Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the
principal Act), for the words "exchange or gift" wherever they occur,
the words "exchange, gift, release of benami right or settlement"
shall be substituted.
Section 3 - Amendment of Schedule I, Central Act II of 1899
In Schedule I to the
principal Act,--
(1)
in Article 8, in clause (b), for the words "Twenty-five
rupees" the words "Thirty rupees" shall be substituted;
(2)
in Article 12, in clause (b), for the words Thirty rupees"
the words "Thirty-five rupees" shall be substituted;
(3)
for Article 16, the following Article shell be substituted,
namely:--
|
"16. BOTTOMRY BOND, that is to
say, any instrument whereby the master of a sea-going ship borrows money on
the security of the ship to enable him to preserve the ship, or prosecute her
voyage.
|
Three rupees for every Rs. 100 or
part thereof up to Rs. 1,000 and fifteen rupees for every Rs. 500 or part
thereof in excess of Rs. 1,000.";
|
(4)
in Article 23, in clause (b), for the words "six
rupees", the words "seven rupees" shall be substituted;
(5)
in Article 54, in clause (b), in item (ii), for the words
"Sixty rupees", the words "Seventy rupees" shall be
substituted;
(6)
for Article 55, the following Article shall be substituted,
namely:--
|
"55. A. RELEASE, that is to say,
any instrument (not being such a release as is provided for by section 23-A
or a release of benami right) whereby a person renounces a claim upon another
person or against any specified property.
|
The same duty as a Bottomry Bond (No.
16) for such amount or value as set forth in the release
|
B. RELEASE OF BENAMI RIGHT
|
in favour of real owner,--
(a) of immovable property situated
within the cities of Madras, Madurai and Coimbatore and Municipal towns of
Salem and Tiruchirappalli.
|
Thirteen rupees for every Rs. 100 or
part thereof of the marke value of the property which is the subject matter
of release.
|
|
(b) of immovable property situated in
any other area.
|
Twelve rupees for every Rs. 100 or
part thereof of the market value of the property which is the subject matter
of release.
|
|
(c) of any other property.
|
Seven rupees for every Rs. 100/- or
part thereof of the market value of the property which is the subject matter
of release.";
|
|
(7)
in Article 57, in clause (b), for the words "Twenty-five
rupees" he words "Thirty rupees" shall be substituted;
(8)
for Article 58, the following Article shall be substituted,
namely:--
"58. SETTLEMENT--
|
(a) Instrument of (including a deed
of dower),--
(i) if the instrument of settlement
is in favour of a member or members of a family.
|
The same duty us a Bottomry Bond (No.
16) for such amount or value as set forth in the 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 fifty
paise.
|
Explanation.--For the
purpose of this Article, the word "family" means father, mother,
husband, wife, son, daughter, grand child. In the case of any one whose
personal law permits adoption, "father" shall include an adoptive
father, "mother" an adoptive mother, "son" an adapted son
and "daughter" an adopted daughter.
(ii) ??in any other case.--
|
(A) of immovable property situated
within the cities of Madras, Madurai and Coimbatore and Municipal towns of
Salem and Tiruchirappalli.
|
Thirteen rupees for every Rs. 100 or
part thereof of the market value of the property which is the subject-matter
of settlement.
|
|
(B) of immovable property situated in
other areas.
|
Twelve rupees for every Rs. 100 or
part thereof of the market value of the property which is the subject-matter
of settlement.
|
|
(C) of any other property
|
Seven rupees for every Rs. 100 or
part thereof of the market value of the property which is the subject matter
of settlement.
|
|
Exemption--
Deed of dower executed on the
occasion of a marriage between Muhammadans.
|
|
|
(b) Revocation of--
|
The same duty as a Bottomry Bond (No.
16) for a sum equal to the amount or value of the property concerned, as set
forth in the instrument of Revocation, but not exceeding sixty rupees.";
|
(9)
in Article 61,--
(a)
in clause (a), for the words "twenty-five rupees", the
words "Thirty rupees" shall be substituted;
(b)
in clause (b), for the words "Twenty-five rupees", the
words "Thirty rupees" shall be substituted;
(10)
in Article 62, in clause (c),--
(a)
in sub-clause (i), for the words "twenty-five rupees",
the words "Thirty rupees" shall be substituted;
(b)
in sub-clause (ii), for the words "Twenty-five rupees",
the words "Thirty rupees" shall be substituted.