INDIAN STAMP ACT, 1899-5

Tue Jun 20 1899 | Procedural and Administration | Comments (0)

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Year : 1899

Description of Instrument

Proper Stamp-duty

 

1 [CC.—INSURANCE BY WAY OF INDEMENITYagainst

liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium.

2 [Ten nayepaise.]

 

3 [D.—LIFE INSURANCE 4 [OR GROUP INSURANCE

If drawn singly

If drawn in duplicate for

OR OTHER INSURANCE] NOT SPECIFICALLY

PROVIDED FOR, except such a RE-INSURANCE, as is

 

each part.

described in Division E of this article—

   

(i) for every sum insured not exceeding Rs. 250;

5 [Fifteen

nayepaise.]

2 [Ten nayepaise.]

(ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500;

6 [Twenty five nayepaise.]

5 [Fifteen nayepaise.]

(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000.

7 [Forty nayepaise.]

8 [Twenty nayepaise.]

Exemption

9 [N.B.—If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured.]

Polices of life-insurance granted by the Director-General of PostOffices in accordance with rules for Postal Life-Insurance issued under the authority of the Central Government.]

 

E.—RE-INSURANCE BY AN INSURANCE COMPANY,

which has granted a POLICY of the nature specified in Division A or Division B of this Article, 10 with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby.

One-quarter of the duty payable inrespect of the original insurance but not less than 2[ten nayepaise] or more than onerupee:

11 [Provided that if the total amount of duty payable is not a multiple of fivenayepaise, the total amount shall be rounded off to the next higher multiple of fivenayepaise].

 

1. Ins. by Act 15 of 1925, s. 2.

2. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958). 3.Subs. by Act 18 of 1928, s. 2, and the First Schedule for Division D.

4. Subs. by Act 43 of 1955, s. 7, for “or other insurance” (w.e.f. 1-4-1956). 5. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).

6. Subs. by s. 13, ibid., for Four annas” (w.e.f. 1-10-1958).

7. Subs. by s. 13, ibid., for “Six annas” (w.e.f. 1-10-1958).

8. Subs. by s. 13, ibid., for “Three annas” (w.e.f. 1-10-1958). 9. Ins. by Act 43 of 1955, s. 7 (w.e.f. 1-4-1956).

10. Subs. by Act 43 of 1923, s. 2, for “of Sea-Insurance or a policy of Fire Insurance”.

11. Ins. by Act 14 of 1961, s. 16.

 

Description of Instrument

Proper Stamp-duty

General Exemption

Letter of cover or engagement to issue a policy of insurance:

Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except, to compel the delivery of the policy therein mentioned.]

 

48. POWER-OF-ATTORNEY [as defined by section 2(21)],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;

Eight annas.

(b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (15

of 1882);

Eight annas.

(c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a);

One rupee.

(d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally;

Five rupees.

(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.

(f)when given for consideration and authorizing the attorney to sell any immovable property;

The same duty as a Conveyance (No. 23) for the amount of the consideration.

(g) in any other case……………………

One rupee for each person authorized.

N.B.— The term “registration” includes every operation incidental to registration under the 1 Indian Registeration Act, 1877 (III of 1877).

Explanation.— For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one person.

2 [49. PROMISSORY NOTE [as defined by section 2(22)]

(a) when payable on demand—

 

(i)when the amount or value does not exceed Rs. 250;

3 [Ten nayepaise.]

 

1. See now the Indian Registration Act, 1908 (16 of 1908).

2. Subs. by Act 43 of 1923, s. 2, for Article 49.

3. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958).

 

Description of Instrument

Proper Stamp-duty

(ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000;

1 [Fifteen nayepaise].

(iii) in any other case

2 [Twenty-fivenayepaise.]

(b) when payable otherwise than on demand—

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 dishonour of a bill of exchange or promissory note.

The same duty as a Bill of Exchange (No. 13) for the same amount payable otherwise than on demand.]

One rupee.

One rupee.

3 [Thirtypaise.]

3 [One rupee]

51. PROTEST BY THE MASTER OF A SHIP , that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Publicor other person lawfully acting as such,

See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44).

52. PROXY, empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of ( a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b)a local authority, or (c)proprietors, members or contributors to the funds of any institution.

53. RECEIPT [as defined by section 2(23)] for any

money or other property the amount or value of which exceeds 4[five thousand rupees.]

Exemptions

Receipt—

(a) endorsed on or contained in any instrument duly stamped 5[or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the Government) 6[or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration-money therein expressed, or the receipt of any principal-money, interest or annuity, or other periodical payment thereby secured;

(b) for any payment of money without consideration;

 
 

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 “Four annas” (w.e.f. 1-10-1958).

3. Subs. by Act 32 of 1994, s. 99, for “Twenty paise” (w.e.f. 13-5-1994).

4. Subs. by Act 23 of 2004, s. 117, for “five hundred rupees”.

5. Subs. by Act 18 of 1928, s. 2 and the First Schedule, for “or exempted”.

6. Ins. by s. 2 and the First Schedule, ibid.

 

Description of Instrument

Proper Stamp-duty

(c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or1 [in the States of Madras, Bombay and Andhra] 2[as they existed immediately before the 1st November, 1956] of inam lands;

 

(d) for pay or allowances by non-commissioned 3[or petty], officers, 4 [soldiers, 3[sailors] or airmen] of5 [ 6 [the Indian] military, 3[naval] or air forces], when serving in such capacity, or by mounted police-constables;

 

(e) given by holders of family-certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned 3[or petty] officers 4[soldier, 3[sailor] or airmen] of 7[any of the said forces], and serving in such capacity;

 

(f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such non-commissioned 3[or petty] officer, 4[soldiers, 3[sailors] or airmen] and not serving the Government in any other capacity;

 

(g) given by a headman or lambardar for land-revenue or taxes collected by him;

 

(h) given for money or securities for money deposited in the hands of any banker, to be accounted for:

 

Provided that the same is not expressed to be receivedof, or by the hands of, any other than the person to whom the same is to be accounted for:

 

Provided also that this exemption shall not extend to a receipt or acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or

intended company or body or in respect of a debenture being a marketable security.

 

1. Subs. by the Andhra (Adaptation of Law on Union Subjects) Order, 1954, for “In the Presidencies of Fort St. George and Bombay” (w.e.f. 1-10-1953).

2. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

3. Ins. by Act 35 of 1934, s. 2 and the Schedule.

4. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “or soldiers”.

5. Subs. by s. 2 and the First Schedule ibid., for “Her Majesty’s Army or Her Majesty’s Indian Army”.

6. Subs. by the A.O. 1950, for “His Majesty’s”.

7. Subs. by Act 10 of 1927, s. 2, and the First Schedule for “either of the said Armies”.

 

Description of Instrument

Proper Stamp-duty

1[SeeALSO POLICY OF INSURANCE [NO. 47-B ( 2).]

54. RECONVEYANCE OF MORTGAGED PROPERTY—

(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000;

(b) in any other case............................

55. RELEASE , that is to say, any instruments 2[(not being such a release as is provided for by section 23A)] whereby a person renounces a claim upon another person or against any specified property—

(a) if the amount or value of the claim does not exceed Rs. 1,000;

(b) in any other case…………………….

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.

REVOCATION OF ANY TRUST OR SETTLEMENT

See SETTLEMENT(No. 58); TRUST(No. 64)

3 [56A. SECURITY OTHER THAN DEBENTURES

(see sections 9A and 9B)—

(a) issue of security other than debenture;

(b) transfer of security other than debenture on delivery basis;

(c) transfer of security other than debenture on non-delivery basis;

(d) derivatives

(i) futures (equity and commodity)

(ii) options (equity and commodity)

(iii) currency and interest rate derivatives

(iv) other derivatives

(e) Government securities

(f) repo on corporate bonds

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 thereof or executed by a surety to secure the due performance of a contract,—

(a) when the amount secured does not exceed Rs. 1,000;

(b)in any other case……………………………..

Exemptions

Bond or other instrument, when executed—

(a) by 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) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a

c h ar itable dispensary or hospital or any other object of

The same duty as a conveyance (No. 23) for the amount of such consideration as set forth in the Reconveyance.

Ten Rupees.

The same duty as a Bond (No. 15) for such amount or value as set forth in the Release. Five rupees.

The same duty as a Bond (No. 15) for the amount of the loan secured.

0.005%

0.015%

0.003%

0.002%

0.003%

0.0001%

0.002%

0%

0.00001%]

The same duty as a Bond (No. 15) for the amount secured.

Five rupees.

 

1. Ins. by Act 5 of 1906, s. 7.

2. Ins. by Act 15 of 1904, s. 8.

3. 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]

 

Exemptions

Share warrant when issued by a company in pursuance of the 1 Indian Companies Act, 1882 (6 of 1882), section 30, to have effect only upon payment, as composition for that duty, to the Collector or Stamp-revenue, of—

(a) 2 [one and a half] per centum of the whole subscribed capital of the company, or

(b) if any company which has paid the said duty or composition in full, subsequently issues an Addition to its subscribed capital— 2[one and a half] per centum of the additional capital so issued.

SCRIP , See CERTIFICATE (No. 19).

 

60. SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel.

One anna.

61. SURRENDER OF LEASE—

(a) when the duty with which the lease is chargeable does not exceed five rupees;

The duty with which such lease is chargeable.

(b) in any other case…………………..

Five rupees.

Exemption

Surrender of lease, when such lease is exempted from duty.

62. TRANSFER (whether with or without consideration)—

 

3 * *

* *

* *

* *

(c) of any interest secured by a bond, mortgage-deed or policy of insurance,—

 

(i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees;

The duty with which such bond, mortgage-deed or policy of insurance is chargeable.

(ii) in any other case………………..

Five rupees.

Description of Instrument

Proper Stamp-duty

(d)of any property under the 4Administrator General’s Act, 1874 (2 of 1874), section 31;

Five rupees.

(e)of any trust-property without consideration from

one trustee to another trustee or from a trustee to a beneficiary.

Five rupees or such smaller amount as may be chargeable under clauses (a)to (c)of this Article.

 

1. See now the Companies Act, 1956 (1 of 1956).

2. Subs. by Act 6 of 1910, s. 3, for “three-quarters of”.

3. Article 62 item (a) and (b) omitted by Act 7 of 2019, s. 21 (w.e.f. 1-4-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]

1. See now the Administrator General’s Act, 1963 (45 of 1963).

 

Exemptions

Transfers by endorsement—

(a) of a bill of exchange, cheque or promissory note;

(b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods;

(c) of a policy of insurance;

(d) of securities of the Central Government. See also section 8.

 

63. TRANSFER OF LEASE by way or assignment and not by way of under-lease.

Exemption

Transfers of any lease exempt from duty.

64. TRUST

The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the consideration for the transfer.

A. — DECLARATION OF—of, or concerning, any property when made by any writing not being a WILL.

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 but not exceeding fifteen rupees.

B.—REVOCATION OF—of, or concerning, any property when made by any instrument other than a WILL.

See also SETTLEMENT (No. 58).

VALUATION , See APPRAISEMENT (No. 8).

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 maybe.

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 but not exceeding ten rupees.

Four annas.

 

STATE AMENDMENT

 

Assam

 

Amendment of Schedule I of Act II of 1899 .—In Schedule I to the principal Act, for item No. 23, the following shall be substituted, namely:—

Description of Instrument

Proper Stamp-duty

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.

Two rupees and fifty paise.

Where it exceeds Rs. 50 but does not exceed Rs.

100;

Five Rupees

Where it exceeds Rs. 100 but does not exceed Rs.

200;

Ten rupees

Where it exceed Rs. 200 but does not exceed Rs.

300;

Twelve rupees

Where it exceed Rs. 300 but does not exceed Rs.

400;

Twenty rupees

Where it exceed Rs. 400 but does not exceed Rs.

500;

Twenty-two rupees

Where it exceed Rs. 500 but does not exceed Rs.

600;

Twenty-eight rupees.

Where it exceed Rs. 600 but does not exceed Rs.

700;

Thirty-two rupees.

Where it exceed Rs. 700 but does not exceed Rs.

800;

Thirty-seven rupees

Where it exceed Rs. 700 but does not exceed Rs.

900;

Forty-two rupees

Where it exceed Rs. 900 but does not exceed Rs.

1,000;

Forty-six rupees.

For every Rs. 500 or part thereof in excess of Rs.

1,000;

Twenty-three rupees

Where it excels Rs. 50,000 but does not exceed Rs. 90, 000;

Sixty rupees for every on thousand rupees.

Where it exceeds Rs. 90, 000 but does not exceed Rs. 1, 50, 000;

Eighty rupees for every one thousand rupees.

and where it exceeds Rs. 1, 50, 000;

One hundred rupees for every one thousand rupees.

Provided that where the “instrument” or the conveyance is in respect of an Industrial loan, certified as such by the Director of Industries, Assam, the Stamp duty shall be half of the above rate.

Exemption

Assignment of copyright under the Indian Copyright Act, 1957 (Act XIV, 1957). Co-partnership Deed-See partnership (No. 46)”.

[Vide Assam Act 6 of 1990, s. 2]

 

Assam

 

Amendment of Schedule I.—In the principal act, in Schedule-I, for item No. 23, the following shall be substituted, namely:—

Description of Instrument

Proper Stamp-duty

“23. Conveyance [as defined by Section -

2(10)], not being a Transfer, charged or exempted under No. 62.

Five percent. of the market value of the property

for such conveyance made in favour of women and six percent for others.”

[Vide Assam Act 19 of 2008. s. 2]

Assam

Amendment of Schedule-I

 

Description of Instrument

Proper Stamp-duty

“23. Conveyance [as defined by Section -2(10)], not being a Transfer, charged or exempted under No. 62.

Two percent. of the market value of the property for such conveyance made in favour of women soley or jointly with others and three percent for

others.”

[Vide Act 9 of 2013, s. 2]

Assam

Amendment of Schedule-I of Act II of 1899 .—In the principal Act, in Schedule-I, for item Nos.1-5, 12, 15-20, 22-26, 28-29, 31, 33, 34-36, 38-40, 42-43, 45, 46, 48, 54, 57-58, 60, 61, 63-65, the following

shall be substituted, namely:—

Sl. No.

Description of Instrument

Proper Stamp-duty

(1)

(2)

(3)

1.

Acknowledgement

Fifty Rupees

2.

Administration Bond including Bond given under Section 6 of the Government Saving Bank Act, 1873 or Section 291 or Section 376 of the Indian Succession Act,

1925:

 
 

(a) Where the amount does not exceed Rs. 1,000.

The same duty as a bond (No. 15) for such amount

 

(b) In any other case.

Twenty rupees

3.

Adoption Deed

Two hundred rupees

4.

Affidavit

Fifteen rupees

5.

Agreement or memorandum of an Agreement:

 
 

(a) If relating to sale of a bill of exchange.

Five rupees.

 

(b) If relating to sale of a Government Security.

Subject to maximum of Rs.

100 for every Rs. 10,000 or part thereof of the value of Security.

 

(c) if relating to purchase or sale of shares, scripts, stocks, bonds, debentures, debenture stocks or any other

marketable security of a like nature in or any incorporated company or other body corporate-

 
 

(i) when such agreement or memorandum of an agreement is with or through a member or between members of a stock exchange recognised under the Securities Contracts (Regulation) Act, 1956.

Three rupees for every Rs. 5000 or part thereof of the value of the security at the

time of its purchase or sales as the case may be.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

 

(ii) in other cases

Five rupees for every Rs. 5000 or part thereof of the value of the security at the time of its purchase or sale

as the case may be.

 

(d) If executed for service or for performance of work in any estate whether held by one person or by more persons than one as co-owners and whether in one or more blocks and situated in Assam where the advance given under such agreement does not exceed one

thousand rupees.

Five rupees.

 

Agreement to lease.

 
 

(e) if not, otherwise provided for

Ten rupees.

12.

Award:

 
 

(a) Where amount or value of the property to which

the award relates as set forth in such award, does not exceed Rs. 1,000.

The same duty a Bond for such amount

 

(b) if it exceeds Rs. 1,000 but does not exceeds Rs. 5,000.

Twenty rupees.

 

and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000.

Two rupees subject to a

maximum of one hundred and-thirteen rupees.

15.

Bond as defined by Section 2(5)] not being debenture (No. 27) and not being otherwise provided for by this Act or by the Court Fees Act, 1870

 
 

Where the amount of value secured does not exceed Rs. 500.

Ten rupees.

 

Where it exceeds Rs. 500 and does not exceed Rs. 1,000. and for every Rs. 500 or part thereof in excess

of Rs. 1,000.

Twenty rupees. Ten rupees.

16.

Bottomry Bond that is to say, any instrument whereby the master of sea going ship borrows money on the security of a ship to enable him to preserve the ship or persecute her voyage.

The same duty as a Bond (No. 15) for such amount.

17.

Cancellation instrument of (including any instrument by which any previously executed is cancelled) if

attested and not otherwise provided for.

Thirty rupees.

18.

Certificate of sale (in respect of each property put up as a separate lot sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or Revenue Officer.

Same duty as on Conveyance (No. 23) for a market value of equal to the amount of the purchase

money only.

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 company or other body corporate or to become proprietor of shares, script or

stock in, or of any such company or body.

Five rupees.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

20.

Charter Party, that is to say, any instrument (except and agreement for the hire of a tug steamer), whereby a vessel or some specified principal part thereof is left for the specified purpose of the charter whether it includes a

penalty clause or not.

Fifteen rupees.

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 business, under the supervision of inspectors or under letters of

License for the benefit of his creditors

Seventy five rupees.

23.

Conveyance [as defined by Section-2(10)], not being a Transfer, charged or exempted under No. 62.

 
 

Where the market value of the property for such conveyance as set forth therein does not exceed Rs.

1000.

Fifty rupees.

 

Where it exceeds Rs. 1000 but does not exceed Rs. 10,000.

Sixty rupees per thousand or part thereof

 

Where it exceeds Rs. 10, 000 but does not exceed Rs. 5,0000.

Sixty five rupees per thousand or part thereof

 

Where it exceeds Rs. 5,0000 but does not exceed Rs. 1,00,000.

Eighty rupees per thousand or part thereof

 

And for every Rs. 1,000 or part thereof in excess of Rs. 1, 00, 000.

One hundred twenty rupees.

 

Provided that where the instrument or the conveyance is in respect of an industrial loan certified as such by the Director of Industries, Assam

the stamps duty shall be half of the above rate.

 

24.

Copy or extract certified to be 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 two rupees.

Five rupees.

 

(ii) in any other case not falling within the provisions of Section 6-A.

Ten rupees.

25.

Counterpart or Duplicate of any instrument chargeable with duty and in respect of which proper

duty has been paid.

 
 

(a) if the duty with which the original instrument is chargeable does not exceed two rupees.

The same duty as is payable on the original.

 

(b) in any other case not falling within the provisions of Section 6A.

Ten rupees.

26.

Customs Bonds -

 
 

(a) Where the amount does not exceed Rs. 1,000.

The same duty as bond for such amount.

 

(b) in any other case.

Fifty rupees.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

28.

Delivery order in respect goods.

Five rupees.

29.

Divorce instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

Fifty rupees.

31.

Exchange of property, instrument of

The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such

instrument.

33.

Gift instrument of not being a settlement (No. 58) or will or transfer (No. 62).

The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such

instrument.

34.

Indemnity Bond

The same duty as security bond for the same amount.

35.

Lease-including an under lease or sub-lease and any agreement to let or sub-let-

 
 

(a) Where by such lease 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. 10) for the whole amount

payable or deliverable under such lease.

 

(ii) Where the lease purports to be for a term of not less than one year but not more than five year

The same duty as a Bond (No. 15)for the amount or value of the average annual

rent reserved.

 

(iii) Where the lease purports to be for a term exceeding five years, and not exceeding ten years.

The same duty as a conveyance (No. 23) for a market value equal to 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 (No. 23) for a market value equal to twice 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 (No. 23) for a market value equal to three times the amount or value of the average annual rent

reserved.

 

(vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years.

The same duty as a conveyance (No. 23) for a market value equal to four times the amount or value

of the average annual rent reserved.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

 

(vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity.

The same duty as a conveyance (No 23) for a market value equal in the case of a lease granted solely for agricultural purpose to one-tenth and in any other case to one-sixth of the whole amount ofrents which would be paid or delivered in respect of the first fifty years of the

lease.

 

(viii) Where the lease does not purport to be for any definite term

The same duty as a conveyance (No. 23) for a market value equal to three times 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.

 

(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 market value 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 market value 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 where 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 duty on which lease shall not

exceed two rupees.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

 

Exemption.- Lease, executed in the case of cultivator for the purpose 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 market purpose of cultivation shall including a lease of lands for cultivation together with a homestead or tank.

Explanation- When lease undertakes to pay any recurring charge, such as Government revenue, landlords share of cesses, or the owner's share of municipal rates of taxes, which is by law recoverable from the lessor, the amounts so agreed to be paid by the lessee shall be deemed to be part of

the rent.

 

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.

Five rupees.

38.

Letter of licence that is to say, any agreement between a debtor and creditors that the letter shall for a specified time suspend their claims and allow the

debtor to carry on business at his own discretion.

Fifty rupees.

39.

Memorandum of Association of a Company--

 
 

(a) If accompanied by articles of Association under Section 26, 27 and 28 of the Companies Act, 1958.

Two hundred rupees.

 

(b) If not so accompanied.

Five hundred rupees.

40.

Mortgage Deed not being an agreement relating to Deposit of 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).

Five hundred rupees.

 

(a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor on agreed to be given.

The same duty as a conveyance (No. 23) for a market value equal to the

amount secured by such deed.

 

(b) When possession is not given or agreed to be given as aforesaid.

The same duty as a Bond (No. 15) for the amount secured by such deed.

 

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.

 

 

Sl. No.

Description of Instrument

Proper Stamp-duty

 

(c) (i) 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 for every sum

secured not exceeding Rs. 1,000.

Three rupees.

 

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

Exemptions:

Four rupees.

 

(1) Instruments executed by persons taking advance under the Land Improvement Loans Act, 1983 or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such advances.

(2) Letter of hypothecation accompanying a bill

of exchange.

Act. XIX of 1883

42.

Notarial Act, that is to say, 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 not any public.

Fifteen rupees.

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.

Five rupees.

 

(b) of any stock or marketable security exceeding in value twenty rupees.

Five rupees for every Rs.

10,000 or part thereof of the value of the stock or security.

44.

Note of Protest by the Master of Ship.

Ten rupees.

45.

Partition-Instrument of [As defined by Section 2(15)].

The same duty as a Bond (No. 15) for the amount or 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 share then one of such equal share) 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 three rupees and thirty

paise;

 

 

Sl. No.

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 fifty 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 stamp required for an instrument of partition and an instrument of partition in pursuance of such order of award is subsequently executed the duty in such instrument shall not exceed three rupees

and thirty paise.

 

46.

Partnership, A-Instrument of--

 
 

(a) Where the capital of the partnership does not exceed Rs. 1,000.

The same as the Bond (No. 15).

 

(b) in any other case

Rupees one hundred.

 

B-Dissolution of--

 
 

Power or Pledge-See Agreement relating to deposit of Title deeds Power of Pledge (No. 6).

Fifty rupees.

48.

Power of Attorney (As defined by Section (21), not being proxy,

 
 

(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.

Fifteen rupees.

 

(b) When required in suit or proceedings under

Presidency Small Cause Courts Act, 1882.

Fifty rupees.

 

(c) When authorising one person or more to act in a

single transaction other than the case mentioned in clause (a).

One hundred rupees.

 

(d) When authorising not more than five persons to act jointly and severally in more than one transaction or generally.

Two hundred rupees.

 

(e) When authorising more than five, but not more than ten persons to act jointly and severally in more

than one transaction or generally.

Four hundred rupees.

 

(f) When given for consideration and authorising the attorney to sell immovable property.

Same duty as a conveyance

(No. 23) for the amount of the market value.

 

(g) In any other case

One hundred rupees.

54.

Reconveyance of Mortgaged Property--

(a) If the consideration for which the property was mortgaged does not exceed Rs. 1,000.

The same duty as a conveyance (No. 23) for the amount of the market value as set forth in the conveyance.

 

(b) If any other case

Sixty rupees.

57.

Security Bond or Mortgaged Deed executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the

due performance of a contract.

 
 

(a) When the amount secured not exceed Rs. 1,000.

The same duty as Bond for the amount secured.

 

Sl. No.

Description of Instrument

Proper Stamp-duty

 

(b) in any other case

Fifty rupees.

58.

Settlement

 
 

A. Instrument of (including a deed of dower).

The same duty as a conveyance (No. 23).

 

B. Revocation of.

The same duty as a conveyance for a sum equal to the amount of value of the property concerned as set

forth in the instrument of revocation.

60.

Shipping order

Five rupees.

61.

Surrender of Lease-

(a) When the duty with which the lease is chargeable does not exceed ten rupees.

The duty with which such lease is chargeable.

63.

Transfer of Lease by way of assignment and not by way of under lease.

The same duty as a conveyance (No. 23) for a market value equal to the amount of the market value

for the transfer.

 

Exemptions.—Transfer of any lease exempt from duty

 

64.

Trust--A-Declaration of, or concerning any property when made by any writing not being a will.

The same duty as a Bond for a sum equal to the amount or value of the property concern, as set forth in the instrument.

 

B-Revocation of, or concerning, any property when made by instrument, any other than a will.

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, but

not exceeding thirty rupees.

65.

Warrant for Goods.

Five rupees.

[Vide Assam Act 22 of 2004, s. 5]

Himachal Pradesh

New Schedule I-A.- After Schedule to the said Act the following shall be inserted, namely:-

SCHEDULE I-A

RATES OF STAMP DUTY ON CERTAIN INSTRUMENTS

Note.—The Articles in Schedule I-A are numbered so as to correspond with similar Articles in Schedule I, of the Indian Stamp Act, 1899.

Art. No.

Description of Instrument

Rates of Stamp Duty

1.

Acknowledgement of a debt.–exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt, in any book (other than a Banker’s pass-book) or on a separate piece of paper when such

book or paper is left in the creditor’s possession:

Ten rupees

Art. No.

Description of Instrument

Rates of Stamp Duty

 

 

Provided that such acknowledgement does not contain any promise to pay the debtor any stipulation

to pay interest or to deliver any goods or other property.

 

2.

Administration Bond. –including a bond given under section 6, of the Government Savings Bank Act, 1873, or section 29, 375 and 376 of the Indian

Succession Act, 1925-in every case.

One hundred rupees.

3.

Adoption-Deed. – that is to say, any instrument (other than a Will), recording an adoption, or conferring or purporting to confer an authority to adopt.

One hundred rupees.

 

Advocate.See Entry as an Advocate (No. 30).

 

4.

Affidavit. –including an affirmation or declaration in the case of persons by law allowed affirming or declaring instead of swearing.

Ten rupees

 

Exemptions

 
 

Affidavit of declaration in writing when made–

 
 

(a) as a condition or enrolment under the Army Act, 1950; or Air Force Act, 1950;

 
 

(b) for the immediate purpose of being filed or used in any court or before the officer of any Court; or

 
 

(c) for the sole purpose of enabling any person to receive any pension or charitable allowance.

 

5.

Agreement or Memorandum of an Agreement. – if relating to the sale of a bill of exchange or sale of a government security or share in any incorporated company or other body corporate or not otherwise

provided for.

Fifty rupees.

 

Exemptions

 
 

Agreement or memorandum of agreement-

 
 

(a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43;

 
 

(b) made in the form of tenders to the Central Government for or relating to any loan.

 
 

Agreement to Lease.See Lease (No. 35).

 

6.

Agreement relating to Deposit of Title Deeds, Pawn or Pledge.– that is to say any instrument evidencing an agreement relating to-

 
 

deposit of title-deeds or instrument constituting or being evidence of the title to any property whatever (other than a marketable security) or 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.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

Exemption

 
 

Instrument of pawn or pledge of goods if unattested.

 
 

Comments

 
 

An agreement of hypothecation and question of stamp duty. – There is distinction between a transaction of hypothecation and a transaction of pledge. Because unlike a pledge where the possession of the goods pledged must pass on to the pawnee, no such possession passes on to the creditor in case of hypothecation. As the document in the present case, sought to create two rights in favour of the Bank, i.e. one pertaining to hypothecation of the property and the other pertaining to creation of attorneyship a total stamp of Rs. 11.50 was chargeable to in respect of the document under section 5 of the Stamp Act. Thus the document has been duly stamped being neither a pledge nor a pawn but an agreement of hypothecation covered by Cl. (e) of Art. 5 of Schedule-I to the Stamp Act with a covenant to confer rights of an attorney of the

defendant on the plaintiff.

 
 

Deed of Pawn or Pledge.– There is no dispute between the parties, and rightly so, because even on a plain reading of Cl. 6 of the agreement it transpires that the possession of the goods hypothecated was to remain with the debtor itself. That being so, this deed cannot be held to be a deed of pawn or pledge so as to attract the mischief of Art. 6(2) of Schedule-I to

the Stamp Act.

 

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.

One hundred rupees.

8.

Appraisement or Valuation.– made otherwise than under an order of the Court in the course of a suit–

 
 

in every case.

Fifty rupees.

 

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 of operation of law.

 
 

(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

 

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).

As in Schedule-I.

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

Exemption

 
 

Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850, or by which a person is apprenticed by or at the charge of,

any public charity.

 

10.

Articles of Association of a Company.–

 
 

in every case.

Two hundred rupees.

 

Exemption

 
 

Articles of any Association not formed for profit and registered under section 25 of the Companies Act,

1956.

 
 

See also Memorandum of Association of a Company (No. 39).

 

11

Articles of Clerkship.–

 
 

Assignment.– See Conveyance (No. 23) Transfer (No. 62) and Transfer of Lease (No. 63), as the case

may be.

As in Schedule-I.

 

Attorney.– See Entry as an Attorney (No. 30), and Power of Attorney (No. 48).

 
 

Authority to Adopt. -See adoption deed (No. 3)

 

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—

 
 

for every amount or value of the property as set forth in such award.

Five hundred rupees.

13.

Bill of Exchange.

As in Schedule-I

14.

Bill of Lading (including a through bill of lading).

As in Schedule-I

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.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one

thousand and duty rounded off to nearest rupees Ten.

 

See Administration Bond (No.2), Bottomry Bond (No.16), Custom Bond (No.26), Indemnity Bond (No.34), Respondentia Bond (No.56), Security Bond

(No.57).

 
 

Exemption

 
 

Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or to any other object of public utility, shall

not be less than a specified sum per mensem.

 

 

Art. No.

Description of Instrument

Rates of Stamp Duty

16.

Bottomry Bond. –that is to say, any instrument whereby the master of a sea-going ship borrows money on a security of the ship to enable him to preserve the ship or prosecute her voyage.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees

Ten.

17.

Cancellation. –Instrument of (including any instrument by which any instrument previously

executed is cancelled) if attested and not otherwise provided for.

Fifty rupees.

 

See also Release (No. 55), Revocation of Settlement (No. 58-A), Surrender of Lease (No. 61), Revocation

of Trust (No. 64-B).

 

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.

5.00% of the market value of the property or to the amount of purchase money,

“whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off

to nearest rupees Ten.

19.

Certificate or other Document.– 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.

Ten rupees.

20.

Charter 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 the

Charterer, whether it includes a penalty clause or not.

Ten rupees.

21.

Cheque.–

[***]. Omitted by Act No. 5 of 1927.

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 license, for the benefit of his creditors.

One hundred rupees.

23.

Conveyance.– as defined by section 2(10) not being a Transfer charged or exempted under No. 62-

 

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

where the conveyance amounts to sale of immovable property.

4.00% for women and 6.00% for other persons, of the market value of the property or of the amount of purchase money”, “whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off

to nearest rupees Ten.

 

Exemption

 
 

Assignment of copyright.– under the Copyright Act, 1957, Section 18.

 
 

Co-partnership-deed.– See Partnership (No. 46).

 
 

Comments

 
 

Conveyance of Property.- There is no difference between a case of retirement and that of dissolution. A partner stands on the same footing in relation to partnership as a co-owner. In the present case the document executed by the firm relinquishing the rights in favour of the former partner could only be a release. It was not a transfer having not been made in favour of a partner who had no interest in the property. The document executed does not transfer

property; hence it was not a conveyance.

 

23(A)

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 53 A of the Transfer of Property Act,

1882.

As in Schedule-I.

24.

Copy or Extract.– certified to be 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, in every case.

Ten 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.

 
 

(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages,

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, for every case.

Ten rupees.

 

Exemption

 
 

Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.

 

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

Comments

 
 

Whether the stamp duty payable is payable on a counterpart.- Article 25 of the First Schedule to the Indian Stamp Act simply states the stamp duty payable on a counterpart or on a duplicate. Hence, an unstamped counterpart can be validated by payment

of proper stamp duty and penalty therefor.

 

26.

Customs-Bonds. –in every case.

One hundred rupees.

27.

Debenture.– (where a mortgage debenture or not), being a marketable security transferable-

 
 

(a) by endorsement or by a separate instrument of transfer;

As in Schedule-I.

 

(b) by delivery.

As in Schedule-I.

 

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.

 
 

Declaration of any trust-See Trust (No. 64).

 

28.

Delivery Order in respect of Goods.

One hundred rupees.

 

Deposit of Title-Deeds- See Agreement Relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6).

 
 

Dissolution of Partnership- See Partnership (No. 46).

 

29.

Divorce, Instrument of.– that is to say, any instruments by which any person effects the

dissolution of his marriage.

One hundred rupees.

 

Dower, Instrument of- See Settlement (No. 58).

 
 

Duplicate- See Counterpart (No. 25).

 

30.

Entry as an Advocate, Vakil or Attorney on the Roll of the High Court.–

 
 

in the case of an Advocate or Vakil or an Attorney.

One thousand rupees.

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

Exemption

 
 

Entry as an Advocate, Vakil or Attorney on the roll of any High Court, when he has previously been

enrolled in any other High Court.

 

31.

Exchange of Property, Instrument of.

0.05% of the higher value value of exchanged property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded

off to nearest rupees Ten.

 

Extract - See Copy (No.24).

 

32.

Further Charge, Instrument of. – that is to say, any instrument imposing a further charge on mortgaged

property-

 
 

(a) if at the time of execution of the instrument of further charge, the possession of the property is given or agreed to be given under such instrument;

5.00% of the market value of the property or consideration amount, “whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off

to nearest rupees Ten.

 

(b) if possession is not so given.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one

thousand and duty rounded off to nearest rupees Ten.

33.

Gift, Instrument of.– not being a Settlement (No. 58) or Will or Transfer (No. 62).

[4.00% for women and 6.00% for other persons,] of the market value of the property, subject to the minimum of rupees one hundred and duty

rounded off to nearest rupees Ten.

 

Hiring Agreement or Agreement for Service.– See

Agreement (No. 5).

 

34.

Indemnity Bond.– in every case.

One hundred rupees.

 

Inspectorship-Deed.– See Composition- Deed (No. 22).

 

35.

Lease.– including an under-lease or sub-lease and any agreement to let or sublet-

5.00% of the market value of the leased property, subject to the minimum of rupees one

hundred and duty rounded off to nearest rupees Ten.

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

(a) where the lease purports upto one hundred years or exceeding hundred years;

Formula for calculating the stamp duty on Lease Deeds :-5% × Market Value ×(Period

of Lease) 100

 

(b) where the lease purports in perpetuity and does not purport to be for any definite term and time.

5.00% of the market value of the leased property or the whole lease amount which would be paid or delivered under such lease, if any, “whichever is higher,” subject to the minimum of rupees one hundred and duty rounded off

to nearest rupees Ten.

 

Exemption

 
 

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.

 
 

In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with a homestead or tank.

 
 

Explanation. –When a lessee undertakes to pay any recurring charge such as Government revenue, the land-lords share of cesses, or the owner’s share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by

the lessee shall be deemed to be part of the rent.

 
 

Comments

 
 

Any agreement to let-Whether amounts to a lease.- Article 35 would indicate that it is not only a lease which is covered by this Article, but also any agreement to let. An agreement to let need not be a lease. In order to determine whether in any given case, it is reasonable to infer the existence of agreement one has to see if one party has made an offer and the other party has accepted the same. To constitute an agreement, it is necessary that the intention of the parties must be definite and common on both. This can be achieved if the terms and conditions are expressly arrived at or could impliedly

be found.

 

36.

Letter of Allotment of Shares.

Ten rupees.

37.

Letter of Credit.

As in Schedule-I.

 

Letter of Guarantee.– See Agreement (No. 5).

 

 

Art. No.

Description of Instrument

Rates of Stamp Duty

38.

Letter of License.– that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own

discretion.

Fifty rupees

39.

Memorandum of Association of a Company.–

 
 

(a) if accompanied by articles of association under sections 26, 27 and 28 of the Companies Act, 1956;

One hundred rupees.

 

(b) if not so accompanied.

Two hundred rupees.

 

Exemption

 
 

Memorandum of any association not formed for profit and registered under section 25 of the

Companies Act, 1956.

 

40.

Mortgage-Deed.– not being an agreement relating to deposit of 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;

[4.00% for women and 6.00% for other persons,] of the market value of the property or consideration amount, “whichever is higher”, of rupees one hundred and duty rounded off to nearest rupees

Ten.

 

(b) when possession is not given.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded

off to nearest rupees Ten.

 

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.

 
 

Exemption

 
 

Instrument, executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such

advances.

 

 

Art. No.

Description of Instrument

Rates of Stamp Duty

 

Comments

 
 

Undertaking affidavit whether could be charged as a mortgage-deed.– The undertaking affidavit has to be charged as a mortgage deed, which has to suffer stamp duty as prescribed under Art. 40 of Schedule-I to the Indian Stamp Act. Thus Art. 40 and not Art. 57 of Schedule-I to the said Act is the appropriate article applicable to the instant case.

 

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-

 
 

for every sum secured.

0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded

off to nearest rupees Ten.

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.

Ten rupees.

 

See also Protest of bill or note (No. 50).

 

43.

Note or Memorandum.– sent by a broker or agent

to his principal, the purchase or sale on account of such principal-

 
 

of any goods or of any stock or marketable security.

Fifty rupees.

44.

Note of Protest by the Master of a Ship.

Ten rupees.

45.

Partition.– Instrument of as defined by section 2(15).

0.05% of the market value of the property being partitioned subject to the minimum of rupees one hundred and maximum of rupees one

thousand and duty rounded off to nearest rupees Ten.

46.

Partnership.–

 
 

A. Instrument of-

Two hundred rupees.

 

For every capital of the partnership.

 
 

B. Dissolution of-

Fifty rupees.

 

Pawn or Pledge.– See Agreement relating to Deposit of Title-Deed, Pawn or Pledge (No. 6).

 

47.

Policy of Insurance.–

As in Schedule-I.

 

Art. No.

Description of Instrument

Rates of Stamp Duty

48.

Power of Attorney.– as defined by section 2(21), not being a Proxy (No. 52),-

 
 

(a) when authorizing one or more persons to act

jointly and severally in a single transaction for sole purpose (including suit or proceedings);

One hundred rupees.

 

(b) when authorizing one or more persons to act jointly and severally in more than one transaction or generally;

One hundred and fifty rupees.

 

(c) in any other case.

Two hundred rupees.

   

N.B.- The term "registration" includes every operation, incidental to registration

under the Indian Registration Act, 1908.

 

Explanation. –For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one person.

 

49.

Promissory Note.

As in Schedule-I.

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

dishonour of a Bill of Exchange or Promissory Note.

Ten rupees.

51.

Protest by the Master of a Ship.

As in Schedule-I.

52.

Proxy.

As in Schedule-I.

53.

Receipt.

As in Schedule-I.

54.

Re-Conveyance of Mortgaged Property.–

in every case.

One hundred rupees.

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-

 
 

in every case.

0.05% of the market value of the released property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty

rounded off to nearest rupees Ten.

 

Comments

 
 

A release deed-whether can transfer title. A release deed would not be effective to transfer title. A release deed can only feed title but cannot transfer

title.

 

 

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