Tue Jun 20 1899 | Procedural and Administration | Comments (0)
Year : 1899
Amendment of section 61 . –In section 61 of the principal Act, in sub-section (1), for the words and figures "Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898," the worth and figures
"sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973" shall be substitute.
[Vide Uttar Pradesh Act 6 of 1980, s. 9]
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
60. Penalty for executing, etc., instrument not duly stamped. ––(1) Any person––
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1[payable otherwise than on demand] 2*** or promissory note without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped,
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section
40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.
Amendment of sections 62 .—In the Indian Stamp act, 1899 (2 of 1899) in its application to the state of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words “five hundred rupees”, the words “two thousand rupees” shall be substituted.
(ii) in section 62, in sub-section (2), for the words “five hundred rupees”, the words “five thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Amendment of section 62. —In sub-section (1) of section 62 of the Principal Act for the words, “shall for every such offence, be punishable with fine which may extend to five hundred rupees”, shall be substituted as follows, namely:--
“shall for every such offence, be punishable with fine which may extend to five thousand rupees”. [Vide Uttarakhand Act 1 of 2016, s. 10]
3 [62A. Penalty for failure to comply with provisions of section 9A. ––(1) Any person who,––
(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or
1. Ins. by Act 5 of 1927, s. 5.
2. The word “cheque” omitted by s. 5, ibid.
3. Ins. by Act 7 of 2019, s. 18 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
(b) being required under sub-section (4) of section 9A to transfer the duty to the State Government within fifteen days of the expiry of the time specified therein, fails to transfer within such time,
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to one per cent. of the collection or transfer so defaulted.
(2) Any person who,—
(a) being required under sub-section (5) of section 9A to submit details of transactions to the Government, fails to submit the same; or
(b) submits a document or makes a declaration which is false or which such person knows or believes to be false,
shall be punishable with fine of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.]
Amendment of section 62.— In section 62 of the principal Act, in sub-section (1), for the words, "shall, for every such offence, be punishable with fine which may extend to five hundred rupees", the words, "shall, for every such offence, be punishable with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees" shall be substituted .
[Vide Uttar Pradesh Act 38 of 2001, s. 9]
63. Penalty for failure to cancel adhesive stamp. ––Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to one hundred rupees.
(2) in section 63, for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
64. Penalty for omission to comply with provisions of section 27. ––Any person who, with intent to defraud the Government,––
(a) executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth; or
(b) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or
(c) does any other act calculated to deprive the Government of any duty or penalty under this Act; shall be punishable with fine which may extend to five thousand rupees.
Amendment of Section 64.–– In section 64 of the Principal Act, the words “and where the person is liable to pay the duty shall also be liable to pay the deficient amount of duty” shall be added at the end.
[Vide Orissa Act 7 of 1987, s. 8]
(3) in section 64, in clause (c), for the words “five thousand rupees”, the words “ten thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Amendment of section 64.— In. section 64 of the principal Act, for the words, "with fine which may extend to five thousand rupees," the words “imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 7]
Insertion of new sections 64-A and 64-B. After section 64 of the principal Act, the following sections shall be inserted, namely :—
"64-A.Penalty for omission to comply with sections II-A and article 25-A of Schedule I-B. —Any person who either refuses or neglects to stamp a counter-part or-duplicate (including counterfoil or carbon as-copy) of any bill or cash memo on the date of its issue in accordance with Article 25-A of Schedule I-B or fails to pay the duty in cash in accordance with section II-A or where the same is paid in cash, fails to maintain a proper account thereof in accordance with sub-section (2) of section 11-A, shall for every such offence be punishable with fine which may extend to five hundred rupees.
64-B. Recovery of amount of deficit stamp duty.— (1) Where any person liable to pay duty under this Act is convicted of an offence under section 62 or 64, in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate shall in addition to any punishment which may be imposed for such offence, direct recovery of the amount of duty .and penalty, if any, due under this Act from such person in respect of that instrument, and such amount shall also be recoverable as if it were a fine imposed by the Magistrate.
(2) Upon such recovery the Collector shall thereupon certify by endorsement on the instrument that proper duty or penalty, as the case may be, has been levied in respect thereof.”
[Vide Uttar Pradesh Act 49 of 1975, s. 8]
(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,
(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine which may extend to one hundred rupees.
(4) in section 65, in clause (b), for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
66. Penalty for not making out policy or making one not duly stamped. ––Any person who––
(a) receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or
(b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;
shall be punishable with fine which may extend to two hundred rupees.
Amendment of sections 66,- In section 66, in clause (b), for the words “two hundred rupees”, the words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets. ––Any person drawing or executing a bill of exchange 1 [payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
In section 67, for the words “one thousand rupees” the words “two thousand rupees” shall be substituted. [Vide Arunachal Pradesh 3 of 2010, s. 2]
68. Penalty for post-dating bills, and for other devices to defraud the revenue. ––Any person who, ––
(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or,
(b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiate the same; or,
(c) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force;
shall be punishable with fine which may extend to one thousand rupees.
(7) in section 68, in clause (c), for the words “one thousand rupees” , the words “two thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale. ––(a) Any person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a 2[ten naye paise or five nayepaise] adhesive stamp);
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
1. Ins. by Act 5 of 1927, s. 5.
2. Subs. by Act 19 of 1958, s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
(8) in section 69, in clause (b), for the words “five hundred rupees”, the words “five thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
70. Institution and conduct of prosecutions. ––(1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the Collector or such other officer as 1 [the 2 [State Government]] generally, or the Collector specially, authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.
71. Jurisdiction of Magistrate. ––No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.
72. Place of trial. ––Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found, as well as in any district or presidency-town in which such offence might be tried under the Code of Criminal Procedure for the time being in force.
CHAPTER VIII SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection. –– Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorized in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.
Orissa
Amendment of section 73. ––For section 73 of the principal Act, the following section shall be substituted, namely:—
(1) Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspections whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any officer authorized in writing by the Collector to enter upon any premises and to inspect for such purposes the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as he may deem necessary, without fee or charge and if necessary to seize them and impound the same under proper acknowledgement:
Provided that such seizure of any registers, books, records, papers, documents or proceedings in the custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is given.
Explanation —For the purposes of this proviso ‘Bank’ means a banking company as defined in section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India, constituted by the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 corresponding new Bank as define in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, a Regional Rural Bank established under the Regional Rural Bank Act, 1976, the Industrial Development Bank of India Act, 1964, National Bank of Agriculture and Rural Development Act, 1981, the Life Insurance Corporation Act, 1956, the Industrial Fiancé Corporation of India established under the Industrial Finance Corporation Act, 1948, and as such other financial or
1. Subs. by the A.O. 1937, for “the L.G.”.
2. Subs. by the A.O. 1950, for “collecting Government”.
banking institution onwned, controlled or managed by a State Government or the Central Government, as may be notified in this behalf by the Government.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorized under sub-section (1), produce them before such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as he may deem necessary.
(3) if, upon such inspection, the officer so authorized, is of opinion that any instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same form the person liable to pay the stamp duty and in case of default the amount of the duty shall be recovered as an arrear of land revenue.
[Vide Orissa Act 1 of 2003, s. 6]
Amendment of Section 73 . —In Explanation to sub-section (1) of Section 73 of the Indian Stamp Act, 1899, (2 of 1899) for the words and figures “the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948”, the words and figures “other public financial institutions notified under Section 4-A of the Companies Act, 1956 (1 of 1956)” shall be substituted. [Vide Orissa Act 5 of 2004, s. 2]
Inserted of new section 73-A —After section 73 of the principal Act, the following section shall be inferred,
namely :—
“ 73-A. Collector’s power to authorize officer to enter premises and inspect certain documents". —(1) Where the Collector has reason to believe that all or any of the instruments specified in Articles 5 and 43 of the Schedule 1-B have not been charged at all or have been incorrectly charged with duty leviable under this Act, he may authorize in writing any officer to enter upon any premises where the Collector has reason to believe that any registers, books, records, papers, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them, and to take such notes and extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take such notes and extracts as he may deem necessary."]
[Vide Uttar Pradesh Act 6 of 1980, s. 10]
Amendment of section 73 --In seetion:73-A of the principal Act –
(a) for sub-section (1) the following sub-section shall be substituted namely :—
"(1) 'Where the Collector has reason to believe that any instrument chargeable to duty has not been charged at all or has been incorrectly charged with duty leviable under this Act, he or any other Officer authorized by him writing in This behalf may enter upon any premises where the Collector has reason to believe that any registers, books, records papers, maps, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them and to take such notes, copies and extracts as the Collector or such officer deems necessary."
(b) in sub section (2) after the word ''papers" the Word "maps" and after the word "notes" the word "copies” shall be inserted.
[Vide Uttar Pradesh Act 22 of 1998, s. 8]
1 [73-A. Power of Central Government to make rules.—( 1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the following matters, namely:––
1. Ins. by Act 7 of 2019, s. 19 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
(a) the manner of collection of stamp-duty on behalf of the State Government by the stock exchange or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section ( 1) of section 9A;
(b) the manner of collection of stamp-duty on behalf of the State Government by the depository from the transferor under clause ( b) of sub-section (1) of section 9A;
(c) the manner of collection of stamp-duty on behalf of the State Government by the depository from the issuer under clause (c) of sub-section (1) of section 9A;
(d) the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A;
(e) any other matter which has to be, or may be, provided by rules.]
The Central Government may,––
(a) issue directions relating to such matters and subject to such conditions, as it deems necessary;
(b) in writing, authorise the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions, circulars or guidelines,
for carrying out the provisions of Part AA of Chapter II and the rules made there under.]
74. Powers to make rules relating to sale of stamps. ––The 2[State Government] 3*** may make rules for regulating––
(a) the supply and sale of stamps an stamped papers,
(b) the persons by whom alone such sale is to be conducted, and
(c) the duties and remuneration of such persons:
Provided that such rules shall not restrict the sale of 4 [ten nayepaise or five nayapaise] adhesive stamps.
Amendment of section 74 .— In section 74 of the principal Act, for clause (c), the following clause shall be substituted, namely :—
“(c) the duties and remuneration of and the fees chargeable from such person.” [Vide Uttar Pradesh Act 22 of 1998, s. 9]
75. Power to make rules generally to carry out Act. ––The 3[State Government] may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof.
76. Publication of rules. ––5[(1) All rules made under this Act shall be published in the Official Gazette.]
(2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.
6 [(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
1. Ins. by Act 12 of 2020, s. 144 (w.e.f. 1-4-2020).
2. Subs. by the A.O. 1950, for “collecting Government”.
3. The words “Subject to the Control of the G.G. in C” omitted by the A.O.1937.
4. Subs. by Act 19 of 1958 s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
5. Subs. by the A.O. 1937, for sub-section (1).
6. Ins. by Act 7 of 2019, s. 20 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1 [(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
2 [76A.Delegation of certain powers . ––3[4*** The State Government may, by notification in the Official Gazette], delegate––
(a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the Chief Controlling Revenue-authority; and
(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45 (1), (2), 56 ( 1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.]
Amendment of section 76-A to Act no. II of 1899 .—In section 76-A of the Indian Stamp Act, 1899, as amended in its application to Uttar Pradesh, in clause (b) for the figures “56 (1)” the figures and letter “56
(1) (1-A)” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2016, s. 2]
77. Saving as to court-fees. ––Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fee.
Amendment of Section 77. ––At the beginning of section 77 of the said Act the following words shall be inserted, namely:-
“Except for the provisions as to copies contained in section 6-A”. [ Vide Himachal Pradesh Act 4 of 1953, s. 11]
Section 77-A, Act 2 of 1899. ––After section 77 of the principal Act the following new section shall be inserted, namely:––
77-A. Fractions of five naye paise to be rounded off. –– In the determination of the amount of duly payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to the next higher five naye paise.
[Vide Orissa Act 35 of 1962, s. 3]
5 [77A. Saving as to certain stamps.––All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five nayepaise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this Act.]
1. Ins. by Act 4 of 2005, s. 2 and the Schedule.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. I.
3. Subs. by the A.O. 1937, for “The Local Government may, by notification in the Local Official Gazette”.
4. The words, figures and brackets “The Central Government subject to the provision of section 124(1) of the Government of India Act, 1935, and” omitted by the A.O. 1950.
5. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958).
Repeal of section 77-A, (Act 2 of 1899). –– Section 77-A of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred a to as the principal Act), shall be omitted.
[Vide Orissa Act 9 of 1970, s. 2]
78. Act to be translated, and sold cheaply. –– Every State Government shall make provision for the sale of translations of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding 1 [twenty-five nayepaise] per copy.
Substitution of section 78 .—In the principal Act, for section 78, the following shall be substituted, namely,—
“78. Duty or allowance to be rounded off to 78 the next rupee .—If the total amount of duty payable, or of allowance to be made under this Act is not a round figure, the total amount shall be rounded off the next rupee.”
[Vide Assam Act 22 of 2004, s. 5]
Omission of section 78 .— Section 78 of the principal Act shall be omitted. [Vide Uttar Pradesh Act 22 of 1998, s. 10]
79. [Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and Schedule II.
1. Subs. by Act 19 of 1958, s. 12, “four annas” (w.e.f. 1-10-1958).
SCHEDULE 1
Stamp-Dutyon Instruments
(See section 3)
|
Description of Instrument |
Proper Stamp-duty |
|
1 [5. AGREEMENT OR MEMORANDUM OFAN AGREEMENT — (a) if relating to the sale of a bill of exchange; |
Two annas. |
|
(b) if relating to the sale of a Government security or share in an incorporated company or other body corporate; |
Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the security or share. |
|
(c) if not otherwise provided for |
Eight annas. |
|
Exemptions Agreement or memorandum of agreement— (a) for or relating to the sale of goods or merchandise exclusively, not being a NOTEOR MEMORANDUM chargeable under No. 43; (b) made in the form of tenders to the Central Government for or relating to any loan; 2 * * * * |
|
|
AGREEMENT TO LEASE. See LEASE (No. 35). 3 [6.AGREEMENT RELATING TO DEPO- SIT OF TITLE-DEEDS, PAWN OR PLEDGE, that 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 (other than a marketable security); or (2) the pawn or pledge of movable 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 or an existing or future debt— (a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement; (b) if such loan or debt is repayable not more than three months from the date of such instruments. Exemption Instrument of pawn or pledge of goods if unattested.] 7. APPOINTMENT IN EXECUTION OF A POWER , whether of trustees or of property, movable or immovable, where made by any writing not being a will. |
The same duty as a Bill of Exchange [No. 13 (b )] for the amount secured. Half the duty payable on a Bill of Exchange [No. 13 ( b)] for the amount secured. Fifteen rupees. |
1. Subs. by Act 6 of 1910, s.3, for article 5.
2. Clause (c) omitted by the A.O. 1950.
3. Subs. by Act 15 of 1904, s. 8, for article. 6.
|
Description of Instrument Proper Stamp-duty |
|
|
8. APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit— |
|
|
(a) where the amount does not exceed Rs. 1,000; |
The same duty as a Bond (No. 15) for such amount. |
|
(b) inan other case……………………………. Exemptions (a) Appraisement or valuation made for the 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. |
Five rupees. |
|
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, not being ARTICLES OF CLERKSHIP, (No. 11). Exemption Instruments of apprenticeship executed by a Magistrate under the 1Apprentices Act, 1850 (XIX of 1850), or by which a person is apprenticed by or at the charge of any public charity. 10. ARTICLES OF ASSOCIATION OF A COMPANY. Exemption Articles of any Association not formed for profit and registered under section 26 of the 2 Indian Companies Act, 1882 (VI of 1882). See also Memorandum of Association of a COMPANY (No.39). 11. ARTICLES OF CLERKSHIP or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. ASSIGNMENT. See CONVEYANCE (No. 23), TRANSFER (No. 62), and TRANSFEROF LEASE (No. 63), as the case may be. ATTORNEY. See ENTRYAS AN ATTORNEY (No. 30) and POWEROF ATTORNEY (No. 48). AUTHORITY TO ADOPT. See ADOPTION-DEED (No. 3). |
Five rupees. Twenty-five rupees. Two hundred and fifty rupees. |
1. See now the Apprentices Act, 1961 (52 of 1961).
2. See now the Companies Act, 1956 (1 of 1956).
|
Description of Instrument Proper Stamp-duty |
|
|
12. AWARD , 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— |
|
|
(a) where the amount or value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000; (b) in any other case………………………… Exemption Award under the 1 Bombay District Municipal Act, 1873 (Bom. Act 6 of 1873), section 81, or the Bombay Hereditary Offices Act, 1874 (Bom. Act (3of 1874), section 18. 2 [13. BILL OF EXCHANGE as defined by s.2(2), not being a Bond, bank-note or currency-note— (b) where payable otherwise than on demand— (i) where payable not more than three months after date or sight— |
The same duty as a Bond (No. 15) for such amount. Five rupees. |
|
if the amount of the bill or note does not exceed Rs. 500; |
Thirty paise. |
|
if it exceeds Rs. 500 but does not exceed Rs. 1,000; |
Sixty paise. |
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; |
Sixty paise. |
|
(ii)where payable more than three months but not more than six months after date or sight— |
|
|
if the amount of the bill or note does not exceed Rs. 500; |
Sixty paise. |
|
if it exceeds Rs. 500 but does not exceed Rs. 1,000; |
One rupee twenty paise. |
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; |
One rupee twenty paise. |
|
(iii) where payable more than six months but not more than nine months after date or sight— |
|
|
if the amount of the bill or note does not exceed Rs. 500; |
Ninety paise. |
1. See now the Bombay District Municipal Act, 1901 (Bom. Act 3 of 1901).
2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for articles 13 and 14.
|
Description of Instrument |
Proper Stamp duty |
|
if it exceeds Rs. 500 but does not exceed Rs. 1,000; |
One rupee eighty paise. |
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; |
One rupee eighty paise. |
|
(iv)where payable more than nine months but not more than one year after date or sight— |
|
|
if the amount of the bill or note does not exceed Rs. 500; |
One rupee twenty five paise. |
|
if it exceeds Rs. 500 but does not exceed Rs. 1,000; |
Two rupees fifty paise. |
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; |
Two rupees fifty paise. |
|
(c)where payable at more than one year after date or sight— |
|
|
if the amount of the bill or note does not exceed Rs. 500; |
Two rupees fifty paise. |
|
if it exceeds Rs. 500 but does not exceed Rs. 1,000; |
Five rupees. |
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; |
Five rupees. |
|
14. BILL OF LADING (including a through bill of lading). |
One rupee. N.B.— If a bill of lading is drawn in parts, the proper stamp therefore must be borne by each one of the set.] |
|
Exemptions (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 (10 of1889), and are to be delivered at another place within the limits of the same port. (b) Billof lading when executed out of India and relating to property to be delivered in India. 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-fees Act, 1870 (7 of 1870),— |
|
|
where the amount or value secured does not exceed Rs. 10; |
Two annas. |
|
where it exceeds Rs. 10 and does not exceed Rs. 50; |
Four annas. |
|
Description of Instrument |
Proper Stamp duty |
|
where it exceeds Rs. 50 and does not exceed Rs. 100 |
Eight annas. |
|
where it exceeds Rs. 100 and does not exceed Rs. 200 |
One rupee. |
|
where it exceeds Rs. 200 and does not exceed Rs. 300 |
One rupee eight annas. |
|
where it exceeds Rs. 300 and does not exceed Rs. 400 |
Two rupees. |
|
where it exceeds Rs. 400 and does not exceed Rs. 500 |
Two rupees eight annas. |
|
where it exceeds Rs. 500 and does not exceed Rs. 600 |
Three rupees. |
|
where it exceeds Rs. 600 and does not exceed Rs. 700 |
Three rupees eight annas. |
|
where it exceeds Rs. 700 and does not exceed Rs. 800 |
Four rupees. |
|
where it exceeds Rs. 800 and does not exceed Rs. 900 |
Four rupees eight annas. |
|
where it exceeds Rs. 900 and does not exceed Rs. 1,100 |
Five rupees. |
|
and for every Rs. 500 or part thereof in excess of Rs. 1,000 |
Two rupees eight annas. |
|
See ADMINISTRATION BOND (No. 2), BOTTOMRY BOND (No. 16), CUSTOMS BOND (No. 26), INDEMNITY BOND (No. 34), RESPONDENTIA BOND (No. 56), SECURITY BOND (No. 57). |
|
|
Exemptions Bond, when executed by— (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Ben. Act 3 of 1876), section 99, for the due performance of their duties under that Act; (b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specifed sum per mensem. |
|
|
16. BOTTOMRY BOND, that is to say, any instrument where by 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. |
The same duty as a Bond (No. 15) for the same amount. |
|
17. CANCELLATION —Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. See also Release (No. 55), Revocation of Settlement (No. 58-B), Surrender of Lease (No. 61), Revocation of Trust (No. 64-B). |
Five rupees. |
|
18. 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— |
|
|
(a) where the purchase-money does not exceed Rs. 10; |
Two annas. |
|
(b) where the purchase-money exceeds Rs. 10 but does not exceed Rs. 25; |
Four annas. |
|
(c) in any other case ....................... |
The same duty as a conveyance (No. 23) for a consideration equal to the amount of the purchase-money only. |
Description of Instrument Proper Stamp-duty
19. CERTIFICATE OR OTHER DOCUMENT 1 [(except the certificate or other document covered under Articles 27 and 56A)” evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.
2 * * * * .
20. CHARTER-PARTY, that is to say, any instrument (except agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.
3 [Two anna].
One rupee.
4* * * * *
22. COMPOSITION-DEED, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors.
23. CONVEYANCE [as defined by section 2 (10)] not being a Transfer charged or exempted under No. 62,—
where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50:
|
where it exceeds Rs. 50 but does not exceed Rs. 100. |
||||
|
Ditto |
100 |
ditto |
200 |
Two rupees. |
|
Ditto |
200 |
ditto |
300 |
Three rupees. |
|
Ditto |
300 |
ditto |
400 |
Four rupees. |
|
Ditto |
400 |
ditto |
500 |
Five rupees. |
|
Ditto |
500 |
ditto |
600 |
Six rupees. |
|
Ditto |
600 |
ditto |
700 |
Seven rupees. |
|
Ditto |
700 |
ditto |
800 |
Eight rupees. |
|
Ditto |
800 |
ditto |
900 |
Nine rupees. |
|
Ditto |
900 |
ditto |
1,000 |
Ten rupees. |
and for every Rs. 500 or part thereof in excess of Rs. 1,000
Exemption
5[(a)Assignment of copyright by entry made under the 6Indian Copyright Act, 1847 (20 of 1847) section 5.]
7 [(b) for the purpose of this article, the portion of duty paid in respect of a document falling under article No. 23A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction in any Union territory under this article.]
CO-PARTNERSHIP-DEED. See Partnership (No. 46.)
5 [23A. CONVEYANCE IN THE NATURE OF PART
PERFORMANCE—Contracts for the transfer of immovable property in the nature of part performance in any Union territory under section 53A of the Transfer of Property Act, 1882 (4 of 1882).
Ten rupees.
Eight annas.
One rupees.
Five rupees.
Ninety per cent. of the duty as a Conveyance (No. 23).]
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. The words, brackets and figures “See also LETTER OF ALLOTMENT OF SHARES (No. 36)” omitted by s. 21, ibid. (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923 s. 2, for “One anna”.
4. Art. 21 omitted by Act 5 of 1927, s. 5.
5. Certain words and figure numbered as clause (a) thereof by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
6. See now the Copyright Act, 1957 (14 of 1957). 7. Ins. by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
|
Description of Instrument |
Proper Stamp-duty |
|
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— (i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed one rupee; (ii) in any other case………………… 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. 1 [(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, 2[divorces,] deaths or burials]. 25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid,— (a) if the duty with which the original instrument is chargeable does not exceed one rupee; (b) in any other case .................. Exemption Counterpart of any lease granted to a cultivator, when such lease is exempted from duty. 26. CUSTOMS BOND — (a) where the amount does not exceed Rs. 1,000; ( b)in any other case .......................... 3 [27. DEBENTURE—[as defined by section 2(10A)] (see section 9A and 9B) |
Eight annas. One rupee. The same duty as is payable on the original. One rupee. The same duty as a Bond (No. 15) for such amount. Five rupees. |
|
(a)in case of issue of debenture; |
0.005% |
|
(b) in case of transfer and re-issue of debenture. |
0.0001%] |
1. Subs. by Act 5 of 1906, s. 7, for clauses (b) and ( c).
2. Ins. by Act 10 of 1914, s. 2 and the First Schedule.
3. Subs. by Act 7 of 2019, s. 21, for article 27 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
|
Description of Instrument |
Proper Stamp-duty |
|
Explanation.— The term “Debenture” includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty. Exemption A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of 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 debenture holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed. See also BOND (NO. 15): and sections 8 and 55. 28. DELIVERY ORDER IN RESPECT OF GOODS ,1[(excluding delivery order in respect of settlement of transactions in securities in stock exchange)] 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, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees. Depositoftitle-deeds 2 [SEE AGREEMENT RELATINGTO DEPOSITOFTITLE-DEEDS PAWN OR PLEDGE (NO. 6)]. 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. DOWER —Instrument of See SETTLEMENT (No. 58). DUPLICATE . See COUNTERPART (No. 25). 30. ENTRY AS AN ADVOCATE, VAKIL OR ATTORNEY ON THE ROLL OF ANY HIGH COURT 3 [under the Indian Bar Councils Act, 1926 (38 of 1926) or] in exercise of powers conferred on such court by Letters patent or by the 4Legal Practitioners Act, 1884 (9 of 1884)— (a) in the case of an Advocate or Vakil………. (b) in the case of an Attorney…….. Exemption entry of an advocate, vakil or attornery on the roll of any High court when he has previously been enrolled in a High Court. 5 * * * |
* * |
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 15 of 1904, s. 8, for “See Agreement by way of Equitable Mortgage (No. 6)”.
3. Ins. by Act 38 of 1926, s. 19 and theSch.
4. Since repealed.
5. The entry “EQUITABLE MORTGAGE” omitted by Act 15 of 1904, s. 8.
31. EXCHANGE OF PROPERTY. —Instrument of.
EXTRACT. See Copy (No. 24).
32. FURTHER CHARGE .—Instrument of, that is to say, any instrument imposing a further charge on mortgaged property—
(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 40 (that is, with possession);
(b) when such mortgage is one of the description referred to in clause (b)of Article No. 40 (that is, without possession)—
(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;
(ii) if possession is not so given.........
33. GIFT .—Instrument of, not being a SETTLEMENT (No. 58) or will or TRANSFER (No. 62).
HIRING AGREEMENT or agreement for service. SEE AGREEMENT No.5).
INSPECTORSHIP-DEED See COMPOSITION-DEED (No.
22) INSURANCE. See POLICY OF INSURANCE (No. 47).
35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let—
(a) whereby 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;
(ii) where the lease purports to be for a term of not less than one year but not more than three years;
(iii) where the lease purports to be for a term in excess of three years;
(iv) where the lease does not purport to be for any definite term;
(v) where the lease purports to be in perpetuity;
The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.
The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument.
The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further chage already made) less the duty already paid on such original mortgage and further charge.
The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument.
The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property, as set forth in such instrument.
The same duty as a Security Bond (No. 57) for the same amount.
The same duty as a Bond (No.15) for the whole amount payable or deliverable under such lease.
The same duty as Bond (No. 15) for the amount or value of the average annual rent reserved.
The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved.
The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.
The same duty as a Conveyance (No. 23) for a consideration equal to one-fifth of the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease.
|
Description of Instrument |
Proper Stamp-duty |
|
(b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved; |
The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease. |
|
(c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved; |
The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance 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 or delivered: 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 eight annas. |
|
Exemptions (a)Lease, executed in the case of a cultivator and for 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. |
|
|
1* * * |
* * |
|
2 [36. LETTER OF ALLOTMENT in respect of any loan to be raised by any company or proposed company.] |
3[Two annas.], |
|
4[37. LETTER OF CREDIT, that is to say any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn. LETTER OF GUARANTEE, See AGREEMENT (No. 5). |
5[Two rupees.] |
|
38. LETTER 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 carry on business at his own discretion. |
Ten rupees. |
|
39. MEMORANDUM OFASSOCIATION OFA COMPANY— |
|
|
(a) if accompanied by articles of association under section 37 of the 6 Indian Companies Act, 1882 (6 of 1882); |
Fifteen rupees. |
|
(b) if not so accompanied |
Forty rupees. |
1. Exemption (b) omitted by the A.O. 1937.
2. Subs. by Act 7 of 2019, s. 21, for Article 36 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923, s. 2, for “one anna”.
4. Subs. by notification No. S.O. 130 (E), dated 28-1-2004, for article 37. 5. Subs. by Act 32 of 1985, s. 50 (w.e.f. 1-7-1985).
6. See now the Companies Act, 1956 (1 of 1956).
|
Description of Instrument |
Proper Stamp-duty |
|
Exemption Memorandum of any association not formed for profit and registered under section 26 of the 1Indian Companies Act, 1882 (6 of 1882). 40. MORTGAGE-DEED, not being 2[an AGREEMENT RELATING-TO DEPOSITOF TITLE-DEEDS, PAWN OR PLEDGE (NO. 6)], BOTTOMRY BOND (NO. 16), MORTGAGE OF A CROP (NO. 41 ), RESPONDENTIA BOND (No. 56), OR SECURITY BOND (NO. 57)— (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; (b) when 3***possession is not given or agreed to be given as aforesaid; Explanation.— 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 give possession within the meaning of this Article. |
The same duty as a Conveyance (No. 23) for a consideration equal to the amount secured by such deed. The same duty as a Bond (No. 15) for the amount secured by such deed. |
|
(c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the abovementioned purpose where the principal or primary security is duly stamped— for every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. Exemptions (1) Instruments, executed by person taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists' Loan Act, 1884 (12 of 1884), or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a bill of exchange. 4 * * * 41. MORTGAGE OF A 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 or part thereof secured in excess of Rs. 200; |
Eight annas. Eight annas. * * One anna. One anna. |
 |
1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 15 of 1904, s. 8, for “AN AGREEMENTTO MORTGAGE (NO. 6)”.
3. The words “At the time of execution” omitted by s. 8, ibid.
4. Exemption (3) omitted by s. 8, ibid.
|
Description of Instrument |
Proper Stamp-duty |
|
(b) when the loan is repayable more than three months, but not more than 1 [eighteen months], from the date of the instrument— |
|
|
for every sum secured not exceeding Rs. 100 and for |
2 [Two annas.] |
|
every Rs. 100 or part thereof secured in excess of Rs. 100. |
2 [Two annas.] |
|
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 any other person lawfully acting as a Notary Public. See also PROTEST OF BILL OR NOTE (No. 50). |
One rupee. |
|
3 [43. NOTE OR MEMORANDUM, sent by a Broker or agent to his principal intimating the purchase or sale on account of such principal— |
|
|
(a) of any goods exceeding in value twenty rupees; |
Two annas. |
|
(b) of any stock or marketable security exceeding in value twenty rupees; |
Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof the value of the stock or security.] |
|
44. NOTE OF PROTEST BY THE MASTER OF A SHIP. See also PROTESTBY THE MASTER OF A SHIP(No. 51).ORDER FOR THE PAYMENT OF MONEY. See BILL OF EXCHANGE (No. 13). |
Eight annas. |
|
45. PARTITION — Instrument of [as defined by s. 2 (15)] |
The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property. 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 shares, 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 severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than eight annas; |
1. Subs. by Act 5 of 1906, s. 7, for “one year”
2. Subs. by Act 15 of 1904, s. 8, for “Four annas”.
3. Subs. by Act 6 of 1910, s. 3, for article 43.
|
Description of Instrument |
Proper Stamp-duty |
|
|
(b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value 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 on such instrument shall not exceed eight annas. |
||
|
46. PARTNERSHIP — |
||
|
A—INSTRUMENT OF— |
||
|
(a) where the capital of the partnership does not |
Two rupees eight annas. |
|
|
exceed Rs. 500; |
||
|
(b ) in any other case…………………… |
Ten rupees. |
|
|
B.—DISSOLUTION OF………………………… |
Five rupees. |
|
|
1[PAWN OR PLEDGE. See AGREEMENT RELATING TO |
||
|
DEPOSIT OF TITLE-DEEDS. PAWN OR PLEDGE (NO. 6).] |
||
|
47. POLICY OF INSURANCE— 2 [ A.—SEA INSURANCE [ see section 7] of Indian Stamp Act, 1899 (2 of 1899)] |
If drawn singly |
If drawn in duplicate, for each part |
|
(1) for or upon any voyage— |
||
|
(i) where the premium or consideration does not exceed the rate of 3*** one-eighth per centum of the amount insured by the policy; |
4 [Ten nayepaise.] |
5 [Fivenayapaise.] |
|
(ii) in any other case, in respect of every full sum of 6 [one thousand five hundred rupees] and also any fractional part of 6[one thousand five hundred rupees] |
4 [Ten nayapaise.] |
5 [Five nayapaise.] |
|
insured by the policy; |
||
1. Ins. by Act 15 of 1904, s. 8.
2. Subs. by Act 5 of 1906, s. 7, for Division A and B.
3. The words “Fifteen nayepaise or” omitted by Act 14 of 1961, Section 16, the words in italics were subs. by Act 19 of 1958, s. 13, for “two annas” (w.e.f.1-10-1958).
4. Subs. by Act 19 of 1958, s. 13, for “one anna” (w.e.f. 1-10-1958).
5. Subs. s. 13, ibid., for “half an anna” (w.e.f. 1-10-1958).
6. Subs. Act 18 of 1928, s. 2 and the First Schedule, for “one thousand rupees”.
|
Description of Instrument |
Proper Stamp-duty |
|
|
(2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy— |
||
|
where the insurance shall be made for any time not exceeding six months; |
1 [Fifteen nayepaise.] |
2 [Ten nayepaise.] |
|
where the insurance shall be made for any time exceeding six months and not exceeding twelve months. |
3 [Twenty- fivenayepaise.] |
1 [Fifteen nayepaise.] |
|
B.— 4 [FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN THIS ARTICLE, COVERING GOODS, MERCHANDISE, PERSONAL EFFECTS, CROPS AND OTHER PROPERTY AGAINST LOSS OR DAMAGE — (1) in respect of an original policy— |
||
|
(i) when the sum insured does not exceed Rs. 5,000; |
5 [Fifty nayepaise.] |
|
|
(ii) in any other case; and |
One rupees. |
|
|
(2)in respect of each receipt for any payment of a premium on any renewal of an original policy. C.—ACCIDENT AND SICKNESS INSURANCE— |
One-half of duty payable in respect of the original policy in addition to the amount if any, chargeable under No. 53. |
|
|
(a) against railway accident, valid for a single journey only. |
2 [Ten nayepaise.] |
|
|
Exemption When issued to a passenger travelling by the intermediate or the third class in any railway; |
||
|
(b) in any other case—for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceeds Rs. 1,000, for every Rs. 1,000 or part thereof. |
1 [Fifteen nayepaise]: 6 [Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed 7 [Rs. 2.50] per Rs. 1,000, the duty on such instrument shall be 2[Ten nayepaise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it.] |
|
1. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
2. Subs. by s. 13, ibid., for “One anna” (w.e.f. 1-10-1958).
3. Subs. by s. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
4. Subs. by Act 43 of 1923, s. 2, for “FIRE-INSURANCE.”
5. Subs. by Act 19 of 1958, s. 13, for “Eight annas” (w.e.f. 1-10-1958).
6. Added by Act 18 of 1928, s. 2 and Schedule.
7. Subs. by Act 19 of 1958, s. 13, for “2.8-0” (w.e.f. 1-10-1958).
public utility shall not be less than a specified sum per mensem;
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(Dc)esucnrdipertioNnoo. f3IAnsotrfumtheenrtules made by the 1[State Government] under section 70 of the Bombay Irrigation |
Proper Stamp-duty |
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A ct, 1879) (Bom. Act V of 1879); (d) eBx.e—cutRedEVbOyCpAeTrIsOonNsOtFa—kin.g....a..d.v..a..n..c.e.s under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists’ Loan Act, 1884 (12 of 1884), or by their sureties, as securityfor the repayment of such advances; (e) executeSdeebay lsooffTicReUrsSTof(N2 [oth.e643 [)G. overnment]] or their sureties to secure the due execution of an office or |
The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocationbut not exceeding ten rupees. |
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the d5u9e. aSccHouAnRtinEg fWor AmRonReAy Nor ToSthetro prboepaerretyr riescseuiveedd buyndveirrtuthe eth5eIrnedoifa. n Companies Act, 1882 (6 of 1882). 58.SETTLEMENT— A.—INSTRUMENT OF, (including a deed of |
6 [One and a half times] the duty pTahye asbamlee oduntyaasCaoBnvonedya(Nncoe. 1(5N) foo.r 2a3su)m feoqur alato cthoenasmidoeurnattoior nvalueequofatlhetoprotpheerty nseottmleidnaaslsetafmorothuinntsucohfsettthleemensth: ares specified in the warrant. |
dower) Exemptions
(a)Deed of dower executed on the occasion of a marriage between Muhammadans.
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 eight annas.
4 * * * * *
1. Subs. by the A.O. 1937, for “Governor of Bombay in Council”.
2. Subs. ibid., for “Government”.
3. Subs. by the A.O. 1950, for “Crown”.
4. Exemption (b) omitted by the A.O. 1937.
1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 6 of 1910, s. 3, for “Three-quarters of”.
