INDIAN STAMP ACT, 1899-6

Art. No.

Description of Instrument

Rates of Stamp Duty

Renunciation or relinquishment.- If the appellant had no title to the property at the time of renunciation except the off-chance of succeeding by survivorship to the estate after the death of his father, the renunciation or relinquishment under the deed would not clothe him with any title to the property. Renunciation must be in favour of a person, who had

already title to the estate, the effect of which is only to enlarge the right.

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.

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.

Revocation of any Trust or Settlement.– See

Settlement (No.58), Trust (No.64).

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 or the due discharge of a liability–

in every case.

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.

Exemption

Bond or other instrument when executed—

(a) by 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 specified sum per mensem;

(b) by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturist’s

Loans Act, 1884, or by their sureties, as security for the repayment of such advances;

(c) by officers of Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by

virtue thereof.

Comments

Undertaking affidavit-Whether amounts to 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. It was not correct to say that the affidavit merely disclosed an undertaking and if at all it was chargeable it could be only under Art. 57

(b) of Schedule-I to the Indian Stamp Act.

Art. No.

Description of Instrument

Rates of Stamp Duty

58.

Settlement.–

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

0.05% of the market value of the settled property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees

Ten.

Exemption

Deed of dower executed on the occasion of a marriage between Muhammadans.

B-Revocation of-

See also Trust (No. 64).

Fifty rupees.

59.

Share Warrants. –to bearer issued under the Companies Act, 1956.

The same duty as payable on a mortgage deed with possession [40(a)] for the amount equal to the nominal amount of the shares specified

in the warrant.

Exemptions

Shares warrant when issued by a company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for

that duty, to the Collector of stamp-revenue of-

(a) one-and-a-half percentum 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-one-and-a-half

percentum of the additional capital so issued.

60.

Shipping Order.

Ten rupees

61.

Surrender of Lease. in every case.

One hundred rupees.

Exemption

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

62.

Transfer. – (whether with or without consideration)-

(a) of shares in an incorporated company or other body corporate;

As in Schedule-I.

(b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8;

The same duty as Debenture (No.27) as levied by this Act, for a consideration equal to the face amount of the

debenture.

Art. No.

Description of Instrument

Rates of Stamp Duty

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

The same duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees

Ten.

(d) of any property under the Administrator General’s Act, 1913, Section 25;

One hundred rupees.

(e) of any trust-property without consideration from

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

Two hundred rupees.

Exemption

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 of assignment, and not by way of under lease.

The same duty as Article (No. 35) as levied by this Schedule, for the same

amount of such transfer.

Exemption

Transfer of any lease exempt from duty.

64.

Trust.–

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

Two hundred rupees.

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

Fifty rupees.

See also Settlement (No. 58), Valuation- See Appraisement (No. 8), Vakil-See Entry as Vakil (No. 30).

Comments

Religious or charitable endowment- Whether fall within the purview of the Trusts Act.- Religious or charitable endowments, whether public or private, do not fall within the purview of the Trusts Act. Article 64 of the Stamp Act provides for the levy of stamp duty on trust. Accordingly, Art. 64 cannot be pressed into service in case which deals with charitable

trusts.

Art. No.

Description of Instrument

Rates of Stamp Duty

65.

Warrant for Goods.– that is to say, any instruments evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such

goods may be.

Ten rupees.

When the amount of the loan or debt does not

exceed Rs. 500

: Five rupees,

When it exceeds Rs. 500 but does not exceed Rs. 1,000

: Ten rupees,

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

: Ten rupees” ;and

(1)

(2)

15. BOND, as defined by section 2 (5) not being a DEBENTURE and not being otherwise provided for by this Act, or by the Court Fees Act, 1870.

Two per centum of the amount or the value secured.;

(1)

(2)

16. BOTTOMRY BOND, that is to say any instrument whereby the master of a sea-going ship borrows money on the security of the ship to enable him to preserve the

ship or prosecute her voyage.

The same duty as a BOND (No.15) on the amount or value secured.;

(1)

(2)

(a) Where the purchase money does not exceed Rs. 100.

Two rupees

(b) in any other case

The same duty as is leviable on a CONVEYANCE under Division (A), (B), or (C), as the case may be, of article 23 for a

consideration equal to the amount of the purchase money only”.;

(1)

(2)

“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 a 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. See also LETTER OF

ALLOTMENT OF SHARES (No. 36).

One rupees”.;

(1)

(2)

“23. CONVEYANCE-As defined by

section 2 (10) not being a transfer charged or exempted under No.62:—

(a) In respect of movable property

Four per centum of the amount or value of

the consideration as set forth in the instrument.

(b) In respect of immovable property

Eight per centum of the amount or value of the consideration for such conveyance as set forth therein or the market value of the property whichever is higher.

(c) In respect of a multi-unit house or unit of apartment/flat/portion of a multistoried building or part of such structure to which the provisions of the Orissa Apartment Ownership Act, 1982 Orissa Act 1 of 1984 apply—

(i) where the amount or value of the consideration for such conveyance as set forth therein or market value of the property whichever is higher, does not exceed rupees 5 lakhs.

Three per centum of the amount.

(ii) where it exceeds rupees 5 lakhs, but does not exceed rupees 15 lakhs.

Four per centum of the amount.

(iii) where it exceeds rupees 15 lakhs.

Seven per centum of the amount.

Explanation - For the purpose of this article, an agreement to sell any immovable property or a power of attorney shall, in case of transfer of the possession of such property before or at the time of or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stamp duty thereon shall be chargeable accordingly:

Provided that the stamp duty already paid on such agreement or power of attorney shall, at the time of the execution of a conveyance in pursuance of such agreement or power of attorney, be adjusted towards the total amount of duty chargeable

on the conveyance:

Provided further that section 47-A shall not apply to such agreement and power of

attorney.

(1)

(2)

“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.

See also CERTIFICATE OR OTHER

DOCUMENT (No.19)

One rupees.”;

“(a) If such loan or debt is repayable on demand or more than three months from the date of execution of the instrument evidencing the

agreement—

0.5% percentum on loan or debt. Amount subject to maximum of Rupees five thousand”.

“(c) in case of loans for agriculture

purpose—

Nil.”.

(g) When power given to father, mother, wife, husband, son, daughter, brother or sister in relation to the executant authorizing such person to sell immovable property situated in the State of

Odisha.

One thousand rupees

(h) in any other case.

Twenty rupees for each person, so

authorized.

(i) with respect of persons who possess degree of Bachelor of Law

and are either deemed to be Advocates under sub-section (1) of section 42 of the Legal Practitioners Act, 1879, (XVIII of 1879) or enrolled as pleaders under the said Act, and have practiced

for not less than ten years.

Rupees two hundred and fifty.

(ii) with respect to another Advocates .

Rupees six hundred and twenty five.

Description of Instrument

Proper Stamp-duty

(1)

(2)

2. ADMINISTRATION BOND , including a bond given under sections 291, 375, and 376 of the Indian Succession Act, 1925 (39 of 1925) or

section 6 of the Government Savings Banks Act, 1873 (5 of 1873).

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

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.

Twenty-eight rupees and twelve naye paise.

4. AFFIDAVIT. Including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of

swearing.

Three rupees and seventy-five naye paise.

Exemptions

Affidavit or declaration in writing when made—

(a) as a condition of enrolment under the Army Act, 1950 (46 of 1950) or the

Air Force Act, 1950 (45 of 1950);

(b) for the immediate purpose of being

filed or used in any Court or before the Officer of any Court;

(c) for the sole purpose of enabling any person to receive any pension of

charitable allowance.

5.AGREEMENT OR

MEMORANDUM OF AN AGREEMENT;

(a) if relating to the sale of a Bill of Exchange;

Thirty-eight naye paise

(b) if relating to the sale of a Government security or share in an incorporated Company or other body corporate;

Subject to maximum of twenty-eight rupees twelve naye paise for every ten thousand or part thereof of the value of the security or share.

(c) if not otherwise provided for

One rupee and thirty-eight naye paise.

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

(1) The deposit of title deeds or instruments Constituting or being evidences of the title to any property whatever ( Other than a marketable

security) or

Description of instrument.

Proper Stamp-duty

(1)

(2)

(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.

If drawn Singly

If drawn in set of two for

each part of set

If draw in set of three for each part of the set

(1)

(2)

(3)

(4)

Rs.

nP.

Rs.

nP.

Rs. nP.

When it amount of the loan or debt does not exceed Rs.100

0.40

0.24

0.24

When the amount of the loan or debt exceeds Rs. 100 but does not exceed Rs. 200.

0.64

0.40

0.24

When it exceeds Rs. 200 but does exceed Rs. 400

not

1.12

0.64

0.40

When it exceeds Rs. 400 but does exceed Rs. 600

not

1.64

0.88

0.64

When it exceeds Rs. 600 but does exceed Rs. 800

not

2.12

1.12

0.76

When it exceeds Rs. 800 but does exceed Rs. 1,000

not

2.76

1.40

0.88

When it exceeds Rs. 1,000 but does exceed Rs. 1,200

not

3.12

1.64

1.12

When it exceeds Rs. 1,200 but does exceed Rs. 1,600

not

4.12

2.12

1.40

When it exceeds Rs. 1,600 but does exceed Rs. 2,500

not

6.40

3.24

2.12

When it exceeds Rs. 2,500 but does exceed Rs. 5,000

not

12.64

6.40

4.12

When it exceeds Rs. 5,000 but does exceed Rs. 7,500

not

19.00

9.64

6.40

When it exceeds Rs. 7,500 but does exceed Rs. 10,000

not

25.24

12.64

8.40

Description of instrument.

Proper Stamp-duty

(1)

(2)

When it exceeds Rs. 10,000 but does not exceed Rs. 15,000

37.88

19.00

12.64

When it exceeds Rs. 15,000 but does not

50.64

25.24

16.88

exceed Rs. 20,000

When it exceeds Rs. 20,000 but does not exceed Rs. 25,000

63.24

31.64

21.12

When it exceeds Rs. 25,000 but does not exceed Rs. 30,000 and

75.88

37.88

25.24

for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000.

25.24

12.64

8.40

(b) if such loan or debt is repayable not more than three months from the date of such instrument.

Half the duty payable on a loan or debt under clause (a) (i), clause (a) (ii) or clause (a) (iii) for the amount

secured.

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.

Forty-six rupees and eighty-eight naye Paise.

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 BOTTOMRY BOND (No.16) for such amount.

(b) in any other case

Fourteen rupees and six naye Paise.

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 landlords as rent.

9. APPRENTICHESHIP –DEED including every writing relating to the service or tuition of any apprentice, clerk or servant place with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP.

Fourteen rupees and six naye Paise.

Description of instrument.

Proper Stamp-duty

(1)

(2)

Exemption

Instruments of apprenticeship executed by

a Magistrate under the Apprentices Act, 1850 (19 of 1850) or by which a person is

apprenticed by or at the charge of any public charity.

10. ARTICLES OF ASSOCIAITON OF A COMPANY.

Ninety rupees and seventy-five naye Paise.

Exemption

Articles of any Association not formed for

profit and registered under section 25 of the Companies Act, 1956 (1 of 1950).

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

ASSIGNMENT —See CONVEYANCE (No.23), TRANSFER (No.62) and TRANSFER of LEASE (No.63),as the

case may be

ATTORNEY - See 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 being made otherwise than by an order of the Court in

the course of a suit—

The same duty as a BOTTOMRY BOND (No.16) or such amount.

(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.

Eighteen rupees and seventy five naye Paise.

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

Ninety-four naye Paise subject to a maximum of ninety-four rupees.

and for every additional Rs. 1,000 or part

thereof in excess of Rs. 5,000.

15.BOND as defined by section 2(5) not being a DEBENTURE 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;

Thirty-two naye paise

Where it exceeds Rs. 10 and does not exceed Rs. 50;

Where it exceeds Rs. 50 and does not exceed Rs.100;

Forty-four naye paise

Description of instrument.

Proper Stamp-duty

(1)

(2)

Where it exceeds Rs. 50 and does not exceed Rs.100;

Ninety-four naye paise

Where it exceeds Rs. 100 and does not

Two rupees and thirty-two naye paise

exceed Rs.200;

Where it exceeds Rs. 200and does not exceed Rs.300;

Three rupees and fifty-six naye paise

Where it exceeds Rs. 300 and does not exceed Rs.400;

Four rupees and sixty eight naye paise

Where it exceeds Rs. 300 and does not exceed Rs.400;

Five rupees and ninety-four naye paise

Where it exceeds Rs. 400 and does not exceed Rs.500;

Eight rupees and forty-four naye paise

Where it exceeds Rs. 500 and does not exceed Rs.600;

Nine rupees and eighty-two naye paise

Where it exceeds Rs. 600 and does not exceed Rs.700;

Eleven rupees and twenty-five naye paise

Where it exceeds Rs. 700 and does not exceed Rs.800;

Twelve rupees and sixty-two naye paise.

Where it exceeds Rs. 800 and does not exceed Rs.900;

Where it exceeds Rs. 900 and does not exceed Rs.1000;

Fourteen rupees and six naye paise.

and for every Rs. 500 or part thereof in excess of Rs. 1,000;

Seven rupees .

See (No.2) ADMINISTRATION BOND

(No.16) BOTTOMRY BOND

(No.26) CUSTOMS BOND

(No. 34) INDEMNITY BOND

(No.56) RESPONDENTIA BOND

(No. 57) SECURITY BOND

Exemptions

Bond , when executed by—

(a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal Act 3 of 1876) section 99, for the due performance of their duties under that Act;

Description of instrument.

Proper Stamp-duty

(1)

(2)

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

charitable dispensary or hospital or any

other object of public utility shall not be less than a specified sum per mensem.

16. BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea-going ship to enable him the preserve

the ship or prosecute her voyage—

Where the amount or value secured does not exceed Rs. 10;

Thirty-eight naye paise

Where it exceeds Rs. 10 and does not exceed Rs. 50;

Seventy-five naye paise

Where it exceeds Rs. 50 and does not exceed Rs.100;

One rupee and thirty-eight naye paise

Where it exceeds Rs. 100 and does not exceed Rs.200;

Two rupees and eighty-two naye paise

Where it exceeds Rs. 200 and does not exceed Rs.300;

Four rupees and twenty naye paise

Where it exceeds Rs. 300 and does not exceed Rs.400;

Five rupees and sixty –two naye paise

Where it exceeds Rs. 400 and does not exceed Rs.500;

Seven Rupees

Where it exceeds Rs. 500 and does not exceed Rs.600;

Eight rupees and forty-four naye paise

Where it exceeds Rs. 600 and does not exceed Rs.700;

Nine rupees and twenty-two naye paise

Where it exceeds Rs. 700 and does not exceed Rs.800;

Eleven rupees and twenty-five naye paise

Where it exceeds Rs. 800 and does not exceed Rs.900;

Twelve rupees and sixty-two naye paise

Where it exceeds Rs. 900 and does not exceed Rs.1000;

Fourteen rupees and six naye paise

and for every Rs. 500 or part thereof in excess of Rs. 1,000;

Seven rupees

17. CANCELLATION — Instrument of (Including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise

provided for,

Fourteen rupees and six naye paise.

See also RELEASE (No.55) REVOCATION OF SETTLEMENT (No.

58-B) 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 the Revenue Officer—

(a) Where the purchase money does not exceed Rs. 10

Thirty-eight naye paise

(b) Where the purchase money exceeds

Rs. 10,00 but does not exceed Rs. 25.

Seventy-five naye paise

(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.

* * *

* *

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.

Three rupees and seventy-five naye paise.

* * *

* *

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 or their debts is secured to the creditors, or when by provision is made for the continuance of the debtors business under the supervision of inspectors or under letters of license, for the benefit of his

creditors.

Twenty-eight rupees and twelve naye paise

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;

One rupees and thirty-eight naye paise

Where it exceeds Rs. 50 and does not exceed Rs.100;

Two rupees and eighty-two naye paise

Where it exceeds Rs. 100 and does not exceed Rs.200;

Five rupees and sixty-three naye paise

Where it exceeds Rs. 200 and does not exceed Rs.300;

Eight rupees and forty-four naye paise

Where it exceeds Rs. 300 and does not exceed Rs.400;

Eleven rupees and twenty-five naye paise

Where it exceeds Rs. 400 and does not exceed Rs.500;

Fourteen rupees and six naye paise

Where it exceeds Rs. 500 and does not exceed Rs.600;

Sixteen rupees and eighty-eight naye paise

Where it exceeds Rs. 600 and does not

Nineteen rupees and sixty-nine naye

exceed Rs.700;

paise

Where it exceeds Rs. 700 and does not exceed Rs.800;

Twenty-two rupees and fifty naye paise

Where it exceeds Rs. 800 and does not exceed Rs.1,000;

Twenty-five rupees and thirty-two naye paise

Where it exceeds Rs. 900 but does not exceed Rs. 1,000;

Twenty-eight rupees and thirteen naye paise.

and for every Rs. 500 or part thereof in excess of Rs. 1,000;

Fourteen rupees and six naye paise

Exemption

Assignment of copyright under the Copyright Act, 1957 (14 of 1957),

section 18.

CO-PARTNERSHIP DEED (See

Partnership No. 46).

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 rupees.

One rupee and thirty-eight naye paise

(ii) In any other case

Two rupees and eighty-two naye paise

Exception

(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-

(a) If the duty with which the original Instrument is chargeable does not exceed one rupee and fifty paise,

The same duty as is payable on the original

(b) In any other case

Two rupees and eighty-two naye paise

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

The same duty as a BOTTOMRY

exceed Rs. 1,000.

BOND (No. 16) for such amount,

(b) In any other case

Eighteen rupees and seventy-five naye paise

* * *

* *

DECLARATION OF ANY TRUST-Se TRUST (No.64).

* * *

* *

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, instrument by which any person effects the dissolution of his marriage.

Three rupees and seventy-five naye paise

DOWER- Instrument of –See SETTLEMENT (No.58).

DUPLICATE- See COUNTERPART (No. 25).

31. EXCHANGE OF PROPERTY -Instrument of—

The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property of greatest

value as set forth in such instrument.

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 mortagage is one of the description referred to in clause (a) Article No. 40 ( That is, with possession);

The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount of the further charge

secured by such instrument.

(b) When such mortage is one of the descriptions 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;

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 charge already made) less the duty already paid on such original mortgage and further charge.

(ii) If the possession is not so given.

The same duty as a BOTTOMRY BOND (No. 16) for the amount of the further charge secured by such instrument;

33.GIFT -Instrument of, not being a

The same duty as a CONVEYANCE

SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62).

(No.23) for a consideration equal to the value of the property as set forth in

such instrument.

HIRING AGREEMENT or agreement for service-See AGREEMENT (No. 5).

34. INDEMNITY BOND

The same duty as a SECURITY BOND (No. 57) for the same amount.

INSPECTORSHIP DEED- See COMPOSITION DEED (No.22)

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;

The same duty as BOTTOMRY BOND (No. 16) 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 years;

The same duty as a BOTTOMRY BOND (No. 16) for the amount or value of the average annual rent reserved.

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

The same duty as a CONVEYANCE (No. 23) for a consideration 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 consideration 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 consideration 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 consideration equal to four times the amount or value of the average annual rent reserved.

(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 consideration equal to one-sixth of the whole amount of rent which would be paid or delivered in respect of 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 consideration 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 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 time 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 advances 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:

Exemption

Lease; executed in the case of a cultivator and 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 ex-pressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees.

Explanation — When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord’s 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.

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LETTER OF GUARNTEE- See AGREEMENT (No. 5).

38. LETTER OF LICENCE 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.

Twenty-eight rupees and twelve naye paise.

39. MEMORANDUM OF ASSOCIAITON OF A COMPANY—

(a) if accompanied by articles of

Fifty-six rupees and twenty-five naye

association under section 26 of the Companies Act, 1956 (1 of 1956).

paise

(b) if not so accompanied

One hundred and fifty rupees

Exemption

Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (1

of 1956).

40. MORTGAGE-DEED, NOT BEING AN AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE (No.6) BOND (No. 15), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56), OR SECURIY 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.

The same duty as a CONVEYANCE (No. 23) for a consideration 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 BOTTOMRY BOND (No. 16) 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.

(C) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned propose where the principal or primary security is duly stamped for every sum secured not execeeding Rs.1,000

Rupee one and thirty-eight naye paise

and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000.

One rupee and thirty-eight naye paise

Exemptions

(1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883) or the Agriculturists Loans Act, 1884 (12 of 1984), or by their sureties as security for the repayment of such

advances;

(2) Letter of hypothecation accompanying a bill of exchange.

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;

Twenty-five naye paise

(b) when the loan is repayable more than three months but not more than eighteen

months, from the date of the instrument—

Twenty five naye paise

For every sum secured not exceeding Rs. 100;

Thirty-eight naye paise

and for every Rs. 100 or part thereof secured in excess of Rs. 100.

Thirty- eight naye paise

42. NOTARIAL ACT that is to say, any instrument, endorsement, note, attestation certificate, or signed 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.

Two rupees and eighty-two naye paise

See also PROTEST OF BILL OR NOTE (No. 50).

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;

Thirty-eight naye paise

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

Subject to a maximum of twenty-eight rupees and twelve naye paise, thirty-two naye paise for every rupees ten thousand or part thereof of the value of the stock or security.

44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also PROTEST BY THE MASTER OF A SHIP (No. 51).

One rupee and eighty-eight naye paise

45. PARTITION - Instrument of as defined by section 2 (15).

The same duty as a BOTTOMRY BOND (No. 16) 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 petitioned (or if there 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 a partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than one rupee and thirty-eight naye

paise.

(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, in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed one rupee and thirty-eight naye paise .

46.PARTNERSHIP —

A-Instrument of—

(a) Where the capital of the partnership does not exceed Rs. 500;

Nine rupees and thirty-eight paise

(b) in any other case

Thirty-seven rupees and fifty naye rupees

B—Dissolution of —

PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN

OR PLEDGE (No.6).

Eighteen rupees and seventy five naye paise

48.POWER –OF-ATTORNEY as

defined by section 2(21) not being a proxy—

(a) when executed for this 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;

One rupee and thirty-eight naye paise

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

One rupee and thirty-eight naye paise

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

Two rupees and eight-two naye paise

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

Fourteen rupees and six naye paise

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

Twenty-eight rupees and twelve naye paise

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

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

(g) In any other case

Two rupees and eighty-two naye paise for each person authorized

N.B.—The term “Registration” includes every operation incidental to registration under the Indian Registration Act, 1908 (16 of 1908).

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

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50. PROTEST OF BILL OR NOTE that is to say any declaration in writing made by a Notary Public, or other person

lawfully acting as such, attesting the dishonor of a Bill of Exchange or

Three rupees and seventy-five naye paise

Promissory Note.

51. PROTEST BY THE MASTER OF A SHIP that is to say, any declaration of the particulars of the 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 characters or the consignees for not loading or unloading the ship when such declaration is attested or

certified by a Notary Public or other person lawfully acting as such.

Three rupees and seventy-five naye paise

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

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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 such consideration as set forth in the

reconveyance.

(b) in any other case

Twenty-eight rupees and twelve naye paise

55. RELEASE that is to say, 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 nay specified property—

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

The same duty as a BOTTOMRY BOND (No. 16) for such amount or

value as set forth in the release.

(b) in any other case

Fourteen rupees and six naye paise

56. RESPONDENTIA BOND that is to say, any instrument securing a loan on the cargo laden or up to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of

destination.

The same duty as a BOTTOMRY BOND (No. 16) for the amount of the loan secured.

REVOCATION OF ANY TRUST OR SETTLEMENT - See SETTLEMENT (No. 58) TRUST (No. 64)

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.

The same duty as a BOTTOMRY BOND (No. 16) for the amount secured.

(b) In any other case

Fourteen rupees and six naye paise

Exemptions

Bond or other instrument, when executed—

(a) By headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal 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 charitable dispensary or hospital or any other subject or public utility shall not be less than a specified sum

per mensem ;

(c) By persons taking advances under the Land Improvement Loans Act, 1883, (19 of 1883) or the Agriculturists Loans Act, 1884, (12 of 1884) or by their

sureties, as security for the repayment of such advances;

(d) By officers of the Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.

58. SETTLEEMNT —(A) INSTRUMENT OF (including a deed of dower).

The same duty as a BOTTORMY BOND (No. 16) for a sum equal to the amount or value of the property settled

as set forth in such settlement:

Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed , the duty on such instrument shall not

exceed one rupee and thirty-eight naye paise.

Exemption

Deed of dower executed on the occasion of a marriage between Mohammadans.

(B) REVOCATION OF

The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding twenty-eight rupees and

twelve naye paise.

See ALSO TRUST (No.64)

59. SHARE WARRANTS to bearer issued under the Companies Act, 1956.

One and a half times the duty payable on a CONVEYANCE (No. 23) for a consideration equal to the nominal

amount of the shares specified in the warrant.

Exemptions

Share warrant when issued by a company in pursuance of the Companies Act, 1956, (1 of 1956) section 114, to have effect only upon payment, as composition for that

duty, to the Collector of stamp-revenue, of—

(a) One and a half percentum of the whole subscribed capital of the company; or

(b) If any company which has paid the said duty or composition in fully, subsequently issues an addition to its subscribed capital, one and a half percentum of the additional capital so issued.

61. SURRENDER OF LEASE

(a) when the duty with which the lease is chargeable does not exceed seven rupees and fifty paise;

The duty with which such lease is chargeable.

(b) in any other case

Fourteen rupees and six naye paise

Exemptions

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

62. TRANSFER (Whether with or without consideration)—

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(c) of any interest secured by a bond of mortgage deed—

(i) if the duty on such bond or mortgage

deed does not exceed seven rupees and fifty paise;

The duty with which such bond or mortgage deed is chargeable.

(ii) in any other case

Fourteen rupees and six naye paise

(d) of any trust-property under the Administrator-General’s Act, 1913, section 25;

(e) of any trust-property without consideration from one trustee to

another trustee or from a trustee to

Twenty-eight rupees and twelve naye paise

Fourteen rupees or such smaller amount as may be chargeable under

clause (c) of the article.