| Description of Instrument |
Proper Stamp-duty
|
|
35. |
LEASE, including an under-lease or sublease and any agreement to let or sub-let--
| |
| - here by such lease the rent is fixed and no premium is paid or delivered--
| |
| | - where the lease purports to be for a term of less than one year;
| The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease |
| | - 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 Bond (No. 15) for the amount or value of the average annual rent received. |
| | - 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) as levied by this Act, for a
consideration equal to the amount or value of the average annual rent
received. |
| | - where the lease purports to be for a term exceeding ten years but not exceeding 20 years;
| The same duty as a Conveyance (No. 23) as levied by this Act, for a
consideration equal to twice the amount or value of the average annual
rent received.
|
| | - where the lease purports to be for a term exceeding 20 years, but not exceeding 30 years;
| The same duty as a Conveyance (No. 23) as levied by this Act, for a
consideration equal to three times the amount or value of the average
annual rent received. |
| | - where the lease purports to be for a term exceeding 30 years but not exceeding 100 years;
| The same duty as a Conveyance (No. 23) as levied by this Act, for a
consideration equal to four times the amount or value of the average
annual rent received. |
| | - where the lease purport to be for a term exceeding 100 years or in perpetuity;
| The same duty as Conveyance (No. 23) |
| | - where the lease does not purport to be for any definite term;
| The same duty as Conveyance (No. 23) as levied by this Act, 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. |
| | - where lease is granted for a fine or premium or for money advanced and where no rent is reserved.
|
The same duty as Conveyance (No. 23) as levied by this Act, for a
consideration equal to the amount or value of such fine or premium or
advance as set forth in the lease
|
| | - 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) as levied by this Act, for a
consideration equal to the amount or value or 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.
|
| |
Exemption
| |
| |
Lease, executed in the case of 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 landlord's shares 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.
| |
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
|
One rupee
|
| |
See also CERTIFICATE OR OTHERDOCUMENT (No. 19)
| |
37.
|
LETTER OF CREDIT, that is to say any instrument by which one person
authorizes another to give credit to the person in whose favour it is
drawn
|
Two rupees
|
| |
LETTER OF GUARANTEE--See Agreement (No. 5)
| |
38.
|
LETTER OF LICENCE, this 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
|
One hundred rupees
|
39.
|
MEMORANDUM OF ASSOCIATION OF A COMPANY--
| |
| | - if accompanied by articles of association under sections 26, 27 and 28 of the Companies Act, 1956
|
Two hundred rupees
|
| | - if not so accompanied
|
Five 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 the 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)--
| |
| | - 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--
|
Same duty as conveyance deed No. 23
|
| | - when possession is not given or agreed to be given as aforesaid
|
2% with a monetary ceiling of Rs. 2 lacs.
|
| |
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.
| |
| | - when a collateral or auxiliary or additional or substituted
security, or by way of further assurance for the above mentioned
purposes where the principal or primary security is duly stamped--
| |
| |
For every sum secured not exceeding Rs. 1,000 or part thereof;
|
Two rupees
|
| | and for every Rs. 1,000 or part thereofsecured in excess of Rs. 1,000
|
Two rupees per thousand or part thereof
|
| |
Exemption
| |
| | - Instruments 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.
| |
| | - 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:--
| |
| | - when the loan is repayable in 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;
|
One rupee for Rs. 200 and part thereof
|
| | - when the loan is repayable in more than three months, but not more than eighteen months, from date of the instrument--
| |
| |
for every sum secured not exceeding Rs. 100
|
One rupee
|
| |
and for every Rs. 100 or part thereof secured in excess of Rs. 100
|
One rupee for rupees one hundred and part thereof
|
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 Notary Public in the execution of the duties of his office,
or by any other persons lawfully acting as a Notary Public
|
Five rupees
|
| |
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--
| |
| | - of any goods, exceeding twenty rupees in value;
|
One rupee
|
| | - of any stock or marketable security exceeding twenty rupees in value
|
One rupee for every Rs. 10,000 or part thereof, of the value of
security at the time of its purchase or sale, as the case may be.
|
44.
|
NOTES OF PROTEST BY THE MASTER OF A SHIP
|
Ten rupees
|
45.
|
PARTITION, Instrument of, as defined by section 2(15)
| The same duty as a Bond (No. 15) for the amount of the value of the
separated share or shares of the property.NB:--The largest share
remaining after the property is partitioned or, if there are two or
more shares of equal value and not smaller than any of the other shares
then one of such equal shares shall be deemed to be that from which the
other shares are separated:
|
| | |
PROVIDED always that--
|
| | | - when an instrument of partition containing an agreement to divide
property in severally 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 ten rupees.
|
| | | - where the instrument relates to the partition of agriculture land
exclusively the market value for the purpose of duty shall be
calculated at fifty times the annual land revenue
|
| | | - where a final order for affecting a partition passed by any revenue
authority or any civil court, or an award by an arbitrator directing a
partition, is stamped with the stamp required for an instrument of
partition, and such instrument of partition in pursuance of such order
or award is subsequently executed, the duty on such instrument shall
not exceed ten rupees.
|
| 46. |
PARTNERSHIP--
| |
| |
A--Instrument of--
| |
| | - where the capital of the partnership does not exceed Rs. 500;(b) in any other case
|
One per cent with a ceiling of Rs. 5,000
|
| |
B--Dissolution of--
| |
| |
PAWN OR PLEDGE--See agreement relating to Deposit of Title Deeds, Pawn or Pledge (No. 6)
|
Two hundred rupees
|
| 47. |
POLICY OF INSURANCE-- | | |
|
A--SEA-INSURANCE (See section 7)-- |
If drawn singly
|
If drawn in duplicate for each part
|
| | -
for or upon any voyage--
| | |
| | - where the premium or consideration does not exceed the rate of one-eighth per centum of the amount insured by the policy
|
Ten paise
|
Five paise
|
| | - in any other case, in respect of every full sum of one thousand five hundred
|
Ten paise
|
Five paise
|
| |
rupees and also any fractional part of one thousand five hundred rupees insured by the policy
| | |
| | - for time--
| | |
| | - in respect of every full sum of one thousand rupees and also any
fractional part of one thousand rupees insured by the policy--
| | |
| where the insurance shall be made for any time not exceeding six months |
Fifteen paise
|
Ten paise
|
| | where the insurance shall be made for any time exceeding six months and not exceeding twelve months |
Twenty five paise
|
Fifteen paise
|
| |
B. FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE
INCLUDED IN THIS ARTICLE COVERING GOODS, MERCHANDISE PERSONAL EFFECTS,
CROPS, AND OTHER PROPERTY AGAINST LOSS OR DAMAGE--
| | |
| - in respect of an original policy-
| |
| | -
when the sum insured does not exceed Rs. 5,000;
| Fifty paise |
| |
mi) in any other case; and
|
One rupee
|
| | - in respect of each receipt for anypayment of a premium on any renewal of an original policy
|
One-half of the duty payable in respect of the original policy in addition to the amount, if any chargeable under No. 53
|
| | C--ACCIDENT AND SICKNESS INSURANCE--
| |
| | - against Railway accident, valid for a single journey only
|
Ten paise
|
| |
Exemption
| |
| | When issued to a passenger travelling by the Intermediate or the Third Class in any Railway
| |
| | - in any other case--for the maximumamount which may become payable
in the case of any single accident or sickness where such amount does
not exceed Rs. 1,000, and also where such amount exceeds Rs. 1,000 for
every Rs. 1,000 or part thereof.
|
Fifteen paise:
|
| |
|
PROVIDED that, in case of a policy of insurance against death by
accident when the annual premium payable does not exceed Rs. 2.50 per
Rs. 1,000, the duty on such instrument shall be Ten paise for every Rs.
1,000 or part thereof of the maximum amount which may become payable
under it.
|
| |
CC--INSURANCE BY WAY OF INDEMNITY against liability to pay damage 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, for every Rs. 100 or part thereof payable as premium
| |
| |
D--LIFE INSURANCE OR GROUP INSURANCE OR OTHER INSURANCE NOT
SPECIFICALLY PROVIDED FOR, except such a RE-INSURANCE as is described
in Division E of this article--
|
If drawn singly
|
If drawn in duplicate for each part |
| | - for every sum insured for exceeding Rs. 250
|
Fifteen paise
|
Ten paise |
| - for every sum insured exceeding Rs. 250 but not exceeding Rs. 500
| wenty five paise |
Fifteen paise |
| | - 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
|
Forty paise
|
Twenty paise |
| | Exemption | |
| | Policies of life-insurance granted by the Director General of Post
Offices in accordance with rules for Postal Life Insurance issued under
the authority of the Central Government
|
NB: If a policy of Group Insurance is renewed or otherwise modified
where by 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.
|
| |
E--REINSURANCE BY AN INSURANCE COMPANY, which has granted a POLICY of
the nature specified in Division A or Division B or of this Article,
with another Company by way of indemnity of guarantee against the
payment on the original insurance of a certain part of the sum insured
thereby
|
One-quarter of the duty payable in respect of the original insurance
but not less than Ten paise or more than one rupee: PROVIDED that if
the total amount of duty payable is not a multiple of five paise, the
total amount shall be rounded off to the next higher multiple of five
paise.
|
| |
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, not shall it be available for any purpose, except to compel
the delivery of the policy therein mentioned.
| |
| |
POWER OF ATTORNEY (as defined by section 2(21) not being a proxy (No. 52)
| |
| | - 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;
|
Twenty rupees
|
| | - when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882;
|
Twenty rupees
|
| | - when authorising one person or more to act in a single transaction other than the case mentioned in clause (1);
|
Fifty rupees
|
| | - when authorising not more than five persons to act jointly and severally in more than one transaction or generally;
| Fifty rupees
|
| | - when authorising more than five but not more than ten persons to
act jointly and severally in more than one transaction or generally;
|
Fifty rupees
|
| | - when given for consideration and authorising the attorney to sell any immovable property;
|
The same duty as a Conveyance (No. 23) as levied by this Act for the amount of consideration.
|
| | - in any other case.
|
Fifty rupees for each person authorised
|
| | |
NB: The term "registration" includes every operation incidental to registration under the Indian Registration Act, 1908 |
| |
Explanation: For the purpose of this article more persons than one when belonging to the same firm shall be deemed to be one | |
| | person.
| |
|
49. |
PROMISSORY NOTE (as defined by section 2(22)-- | |
| | - when payable on demand--
| |
| | - when the amount or value does not exceed Rs. 250
| Ten paise |
| | - when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000;
| Fifteen paise |
| | | Twenty five paise |
| | - when payable otherwise than on demand
| The same duty as a Bill of Exchange (No. 13) for the same amount 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
| Ten rupees
|
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 charterers 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.--(See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44)
|
Ten rupees
|
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.
|
Thirty paise
|
53.
|
RECEIPT (as defined by section 2(23} for any money or to other property the amount or value of which exceeds five hundred rupees
|
One rupee
|
| |
Exemptions
| |
| |
Receipt--
| |
| | - endorsed on or contained in any instrument duly stamped, or any
instrument exempted under the proviso to section 3 (instruments
executed on behalf of the government) 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;
| |
| | - for any payment of money without consideration;
| |
| | - for any payment of rent by a cultivator on account of land assessed
to government revenue, or (in the States of Madras, Bombay and Andhra
as they existed immediately before the 1st November, 1956) of Inam
lands;
| |
| | - for pay or allowance by noncommissioned or petty officers soldiers,
sailors or airmen of the Indian military, naval or air forces when
serving in such capacity, or by mounted police constables;
| |
| | - given by holders of family certificates in cases where the persons
from whose pay or allowances the sum comprised in the receipt has been
assigned is a noncommissioned or petty officer, soldier, sailor or
airman of any of the said forces, and serving in such capacity;
| |
| | - for pensions or allowances by persons receiving such pensions or
allowances in respect of their service as such noncommissioned or petty
officers, soldiers, sailors or airmen, and not serving the government
in any other capacity;
| |
| | - given by a headman or lambradar for land revenue or taxes collected by him;
| |
| | - given for money or securities for money deposited in the hands of any bankers, to be accounted for:
| |
| | PROVIDED that the same is not expressed to be received of, 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
acknowledgement 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--(See also POLICYOF INSURANCE (No. 47B (2))
| |
54.
|
RECONVEYANCE OF MORTGAGED PROPERTY--
| |
| - If the consideration for which the property was mortgaged does not exceed Rs. 1,000;
|
The same duty as a Conveyance (No. 23) as levied by this Act for the
amount of such consideration as set forth in the reconveyance.
|
| | - in any other case--
| |
| | - if the reconveyance relates to immovable property situate within a municipality, cantonment board, or notified area;
| One hundred rupees |
| | | 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--
| |
| | - if the amount or value of the claim does not exceed Rs. 1,000
|
The same duty as Bond (No. 15) for such amount or value as set forth in the Release.
|
| | - in any other case
|
One hundred rupees
|
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
|
The same duty as 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
| |
| | - when the amount secured does not exceed Rs. 1,000
|
The same duty as a Bond (No. 15) for the amount secured
|
| - in other case
| One hundred rupees |
| |
Exemptions
| |
| |
Bond or other instrument, 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 any other object of public utility, shall not be less than
a specified sum per mensem;
| |
| | - by person 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;
| |
| | - 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.
| |
| 58. |
SETTLEMENT-- | |
|
A.--Instrument of--(including a deed of dower) |
The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property settled as set forth in such settlement
|
| |
Exemption
| |
| |
Deed of dower executed on the occasion of a marriage between Muhammadans
| |
| |
B.--Revocation of-- | The same duty as Bond (No. 15) for a sum equal to the amount or value
of the property concerned as set forth in the instrument of revocation,
but not exceeding One hundred rupees.
|
| | 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 mortgage deed with
possession (No. 40(a), for the amount equal to the nominal amount of
the shares specified in the warrant.
|
| | Exemption
| |
| | Share warrant when issued by a company in pursuance of the Companies
Act, 1956, section 114, to have effect only upon payment, as
composition for the duty, to the Collector of Stamp Revenue of--
| |
| | - one-and-a-half per centum of the whole subscribed capital of the company; or
| |
| | - 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 per cent of the additional capital so issued.
| |
60.
| SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel
| One rupee
|
| 61. | SURRENDER OF LEASE
| |
| | - when the duty with which the lease is chargeable does not exceed ten rupees
| The duty with which such lease is chargeable
|
| | - in any other case
| One hundred rupees
|
| | Exemption
| |
62.
| Surrender of lease, when such lease isexempted from dutyTRANSFER (whether with or without consideration)--
| |
| | - of shares in an incorporated company or other body corporate
| Seventy five paise for every hundred rupees or part thereof of the value of the share.
|
| | - of debentures, being marketable securities whether the debenture is
liable to duty or not except debentures provided for by section 8
| One-half of the duty payable on a Conveyance (No. 23) for a consideration equal to the face amount of the debentures
|
| | - of any interest secured by a bond, mortgage deed or policy of insurance,--
| One-half of the duty with which such bond mortgage deed or policy of
insurance is chargeable subject to a maximum of fifty rupees
|
| | - 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 |
| |
|
Five rupees |
| | - of any property under the Administrator Generals Act, 1913, section 25;
| Ten rupees
|
| | - 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.
|
| | Exemptions
| |
| | Transfers by endorsement--
| |
| - of a bill of exchange, cheque or promissory note;
| |
| | - of a bill of lading, delivery order, warrant for goods, or other mercantile document of title of goods;
|
|
| | - of a policy of insurance;
|
|
| | - 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 Conveyance (No. 23) as levied by this Act, for a
consideration equal to the amount of the consideration for the 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
| The same duty as Conveyance No. 23 of amount of value of the property settled
|
| | B.--Revocation of--of, or concerning, any property when made by any instrument other than a Will--see also Settlement (No. 58)
| 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 one hundred rupees.
|
| | VALUATION--See Appraisement (No. 8)
| |
| | VAKIL--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 wharf,
such instrument being signed or certified by or on behalf of the person
in whose custody such goods may be.
|
One rupee
|