"(da) Where any instrument of Lease-cum-sale effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) pertaining to premises of a Flat or Apartments.

The duty payable shall be as a conveyance [No. 20(3)] for the market value equal to the security deposit and the amount of average annual rent reserved under such agreement".

"(3) Where any instrument of conveyance is effected by the Bangalore Development Authority constituted under Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) pertaining to premises of Hat or Apartment.

The duty shall be payable at the rates specified under clause (2) of Article 20 on the amount or value of consideration as set forth in the ' instrument:

Provided that in any case where a Lease-cum-sale Agreement is executed and is stamped with the ad valorem duty required for such agreement under item (da) of Article 5 and in furtherance of such agreement a conveyance is subsequently executed, the duty on such conveyance shall not exceed rupees fifty or the difference of the duty payable on such conveyance and the duty already collected on the security deposit under item (da) of Article 5, whichever is greater.

(4) If relating to an order made by the High Court under Section 394 of the Companies Act, 1956 in respect of amalgamation of Companies.

Ten rupees for every rupees one thousand or part thereof, on the market value of the property of the transferor company, located in State of Karnataka, and transferred to the Transferee Company on amalgamation.

Exemption,--Amalgamation of sick companies with others, under the orders of Board of Industrial Finance and Reconstruction (BIFR).

(5) If relating to industrial machinery

Two rupees for every rupees one hundred or part thereof.

Exemption.--

(i) Sale of industrial machinery by the manufacturer or his authorised agent.

(ii) Industrial machinery not exceeding the value of rupees twenty-five thousand.

(6) If relating to assignment of receivables by the originator to the special purpose vehicle (SPV), or by whatever name they are called, in the process of securitisation.

One rupee for every one thousand rupees or part thereof subject to a maximum of rupees one lakh".

"(ii) If possession is not given and not being a hypothecation.

The same duty as a Bond (No. 12) for the amount of the further charge secured by such instrument, subject to a maximum of rupees three lakhs".

"(iii) for hypothecation.

Same duty as sub-clause (d) of Article (No. 34) for the amount of the further charge secured by such instrument".

"28. Gift-Instrument of.--

not being a Settlement (No. 48) or Will or Transfer (No. 52).

(a) Where the done is not a family member of the donor.

The same duty as a conveyance (Article No. 20) for a market value equal to the market value of the property which is the subject-matter of gift:

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 purposes of duty be determined as if no such provision were contained in the instrument,

(b) Where the done is a member of the family of the donor.

Rupees one thousand.

Explanation,--Family in relation to the donor for this purpose means husband, wife, sons and daughters".

"Provided further that the duty in respect of an instrument of lease chargeable under Article 30(a)(iv), Article 30(b)(ii) and Article 30(c)(ii), effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Improvements Board constituted under the Karnataka Improvements Boards Act, 1976 (Karnataka Act 11 of 1976), Department of Mines and Geology, the Forest Department, Karnataka

Industrial Area Development Board established under the Karnataka Industrial Area Development Board Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Small Scale Industries Development Corporation, the Karnataka State Industrial Investment Development Corporation, Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956(Central Act 1 of 1956), the Karnataka Agricultural Produce Market Committee constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) and other authorities as may be specified by the Government shall be payable as a conveyance under clause (1) of Article 20 for a market value equal to the total rent to be paid through the lease period, or as a conveyance under clause (1) of Article 20 for a market value equal to the amount of premium or money advanced or fine where no rent is reserved, or as a conveyance under clause (1) of Article 20 for a market value equal to the amount of premium or money advanced or fine together with the total rent as set forth in the lease deed as the case may be".

"(1) 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. 12) for the total amount of rent payable under such lease.

(ii) where the lease purports to he for a term of not less than one year but not more than five years.

The same duty as a Bond (No. 12) for the amount or value of the average annual rent reserved.

(iii) where the lease purports to be for a term of less than five years, but not exceeding ten years.

The same duty as a Conveyance (Article No. 20) for a market value equal to twice the amount or value of 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 (Article 20) for an amount equal to three times the amount or value of the average annual rent reserved.

(v) where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years.

The same duty as a Conveyance (Article 20) for an amount equal to four times the amount or value of the average annual rent reserved.

(vi) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purports to be for any definite term.

The same duty as a Bond (Article No. 12) for an amount equal to the market value of the property.

(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved.--

(i) where the lease purports to be for a term not exceeding thirty years.

The same duty as a Conveyance (Article 20), for the amount or value of such fine or premium or advance as set forth in the lease.

(ii). where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purports to be for any definite term.

The same duty as a Bond (Article No. 12), for the amount or value of such fine or premium or advance, as. set forth in the lease or for an amount equal to the market value of the property, whichever is higher.

(c) Where the lease is granted for a fine or premium or for money advanced in addition to rent reserved.--

(i) where the lease purports to be for a term not exceeding thirty years.

The same duty as a conveyance (Article 20), for the amount or value of such fine or premium or advance, as set forth in the lease, in addition to duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered.

(ii) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for any definite term.

The same duty as a Bond (Article No. 12), for the amount or value of such fine or premium or advance as set forth in the lease or for an amount equal to the market value of the property whichever is higher:

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 rupees fifty:

Provided further that the duty in respect of an instrument of lease chargeable under Article 30(a), [(v) and (vi)] Article 30(b)(ii) and Article 30(c)(ii), effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Urban Development. Authority constituted under the . Karnataka Urban Development Authorities Act, 1987, the Karnataka Housing Board, constituted under (Karnataka Act 34 of 1987), the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Improvements Board constituted under the Karnataka Improvements Boards Act, 1976 (Karnataka Act 11 of 1976), Department of Mines and Geology, the Forest Department, Karnataka Industrial Area Development Board established under the Karnataka Industrial Area Development Board Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Small Scale Industries

Development Corporation, the Karnataka State Industrial Investment Development Corporation, Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956 (Central Act 1 of 1956), the Karnataka Agricultural Produce Market Committee constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966

(Karnataka Act 27 of 1966) and other authorities as may be specified "by the Government, shall be payable as the case may be in the following manner.--

(a) as per item (v) of sub-clause (a) of clause (1), where by such lease the rent is fixed and no premium is paid;

(b) as per item (i) of sub-clause (b) of clause (1) where the lease is granted for a fine or premium or money advanced and where no rent is reserved.

(c) as per item (i) of sub-clause (c) of clause (1) where the lease is granted for a fine or premium or money advanced in addition to rent reserved:

"Provided also that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand".

"Provided also that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand".

"(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.--

(i) for every sum secured not exceeding Rs. 1,000.

Three rupees and fifty paise.

(ii) for every Rs. 1,000 or part thereof, secured in. excess of Rs. 1,000

Three rupees and fifty paise subject to a maximum of Rupees Three lakhs.

(d) For hypothecation of movable property.

Ten rupees for every ten thousand rupees or part thereof advanced, subject to a maximum of rupees ten thousand".

(a) where the property involved in the partition is converted for non-agricultural purpose or is meant for non-agricultural use.--

(1) If the property is situated in the jurisdiction of Municipal Corporation or Urban Development Authorities or Municipal Councils or Town Panchayats.

Rupees one thousand for each. share.

(2) If the property is situated in the areas other than those mentioned in sub-clause (1) above.

Rupees five hundred for each share.

(b) Where the property involved in the partition is agricultural land.

Rupees two hundred fifty for each

share.

(c) "Where the property involved in the partition is movable or money.

Rupees two hundred and. fifty for each share.

(d) Where the property involved in the partition belongs to any of the combinations of categories mentioned in. sub-clauses (a), (b) and (c) above.

Maximum of the duties described in sub-clause (a), (b) or (c) above for each share".

"(ea) When given to a promoter or developer by whatever name called for construction development on, or sale, or transfer (in any manner whatsoever) of, any immovable property situated in Karnataka State,

(i) Four rupees for every hundred or part thereof, on the market value of the property which is the subject-matter of the instrument subject to a maximum of rupees four lakhs.

(ii) If such market value is not set forth, then a fixed amount of rupees four lakhs.

Provided that where an agreement is executed between the same parties, in respect of same property and is stamped in accordance with Article 5(f) and in furtherance of such agreement if a power of attorney is subsequently executed, the duty on such power of attorney shall be in accordance with clause (f) of this Article".

"(eb) When given to person other than the father, mother, wife or husband, sons, daughters, brothers, sisters in relation to the executant authorising such person to sell immovable property situated in Karnataka State.

Two rupees for every one hundred rupees or part thereof on the market value of the property which is the subject-matter of power of Attorney:

Provided that the duty paid on such instrument is adjustable towards the duty payable on the Instrument of sale of transfer executed subsequently in favour of either the Attorney holder or any other person".

"(a) where the release is not between the family members.

(i) where the release is not for any consideration.

The same duty as a Bond (No. 12), for such amount or value of the property as set forth in the instrument or on such average amount or value of the comparable properties, whichever is higher.

(ii) if the release is for consideration.

The same duty as a Conveyance (Article No.' 20), for a market value equal to the amount of the consideration.

(b) where the release is between the family members.

Rupees one thousand;

Explanation.--

Family in relation to a person for the purpose of clause (b) means father, mother, husband, wife, sons, daughters, brothers and sisters".

(i) where the disposition is not for the purpose of distributing the property of the settlor among his family.

The same duty as a Conveyance (Article No, 20) for a market value equal to the market value of the property, which is the subject-matter of settlement:

Provided that where an agreement to settle is stamped with the stamp duty 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 rupees fifty.

(ii) where the disposition is for the

purpose of distributing the property of the settlor among his family.

Rupees one thousand.

Explanation.--

Family in relation to the settlor for the purpose of clause (A) means husband, wife, sons and daughters.

Exemption.--

Deed of dower

executed on the occasion of a marriage between muhammadans".

"(a) of debentures, being marketable

securities, whether the debenture is liable to duty or not.

Fifty paise for every rupees one hundred or part thereof subject to a maximum of one thousand rupees for a consideration equal to the face value of the debenture".