INDIAN STAMP ACT, 1899-10

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

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Year : 1899

Amendment of Schedule I of Act 2 of 1899.— In Schedule I, to the Indian Stamp Act, 1899 for Article 1 to 10,12,15 to 20,22 to 26,28,29,31 to 36,38 to 46,48,50,54 to 61 and 63 to 65 the following shall be substituted, namely:-

“Description of instrument

Proper 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 : Provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver

any goods or other property.

Two rupees.

“2. ADMINISTRATION-BOND including a bond, given under section 6 of the Government Saving Bank Act, 1873, Act V of 1873 or section 291 or section 376 of the Indian Succession Act, 1925 (Act XXXIX of 1925)-

 

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

The same duty as a bond (No. 1) for such amount.

(b) In any other case

Thirty 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.

Sixty rupees

“4 AFFIDAVIT, including and affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.

Seven rupees

Exemptions

 

Affidavit or declaration in writing when made –

(a) as a condition of enlistment under the Indian Army Act, 1950 (Act XLVI of 1950).

(b) for 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-

 

(a) If relating to the sale of a bill of exchange;

Two rupees

(b) If relating to the sale of a Government security;

Subject to a maximum of sixty four rupees for every Rs.10,000 or part thereof of the value of the security

(c) If relating to the purchase or sale of shares, scrips, stocks bond, debentures, debenture stocks or any other marketable security of a like nature in or of any incorporate company of other body corporate-

 

(i) When such agreement or memorandum of an agreement is with or through a Member between members of a Stock Exchange recognised under the Securities Contracts (Regulation) Act, 1956; Act XIIL of 1956.

Two rupees for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be.

(ii) In other cases;

Rupees two for every Rs. 2,500 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 is one or more blocks, and situated in Meghalaya where the advance given under such agreement does not exceed fifty rupees;

Two rupees

(d) If not, otherwise provided for.

Four rupees

Exemptions

 

AGREEMENT OR MEMORANDUM OF AN 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

Government of India for or relating to any loan-

 

 

“Description of instrument

Proper stamp duty

AGREEMENT TO LEASE-

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 evidence of the title to any property whatever (other than a marketable security), or

(2) The pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or future debt-

 

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

 

(i) If the amount of loan does not exceed Rs. 500;

Five rupees

(ii) If it exceeds Rs. 500 and does not exceed Rs. 1,000;

Ten rupees

(iii) And for every Rs. 1,000 or part thereof in excess of Rs. 1,000

Ten rupees

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

Half the duty payable under sub­clause (a)

Exemptions

 

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-

 

(a) Where the value of the property does not exceed Rs. 1,000;

Fifty rupees.

(b) In any other case

Eighty-nine rupees

 

“8. APPRAISEMENT OR VALUATION made

otherwise than under an order of the court in the course of suit-

The same duty as a board (No. 15) or such amount.

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

Thirty rupees

(b) In any other case

 

Exemptions

 

(a) APPRAISEMENT OR VALUATION made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.

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

 

“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.

Thirty rupees.

Exemptions

 

Instrument of apprenticeship executed by a Magistrate under the Apprenticeship Act, 1961 (Act LII of 1961) or by, which a person is apprentice by or at the charge of any public charity.

 

“10. ARTICLES OF ASSOCIATION OF A COMPANY-

(a) Where the company has no share capital or the nominal share capital does not exceed Rs. 2,500;

(b) Where the nominal share capital exceeds Rs. 2,500 but does not exceed Rs. 5,000.

(c) Where the nominal share capital exceeds Rs. 5,000 but does not exceeds Rs. 1,00,000

(d) Where the nominal share capital exceeds Rs. 1,00,000

Eighty seven rupees

Ninety-nine rupees

One hundred forty nine rupees Two hundred ninety eight rupees

 

Exemptions

 

Articles of any association not formed for profit and registered under Section 25 of the Companies Act, 1956 (Act I of 1956). See also memorandum of Association of Company (No. 39).

 

Note

 

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 made otherwise than by an order of the Court in the course of a suit.

The same duty as a Bond (No. 15) for the amount or value of the property to which the award relates as set forth in such award subject to a maximum of Ninety nine rupees

“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 (Act VII of 1870).

 

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

Two rupees

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

Two rupees

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

Three rupees

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

Five rupees

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

Eight rupees

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

Ten rupees

Where it exceeds Rs. 400 and does not

exceed Rs. 500

Fourteen rupees

Where it exceeds Rs. 500 and does not

exceed Rs. 600

Eighteen rupees

Where it exceeds Rs. 600 and does not

exceed Rs. 700

Twenty two rupees

Where it exceeds Rs. 700 and does not

exceed Rs. 800

Twenty four rupees

Where it exceeds Rs. 800 and does not

exceed Rs. 900

Twenty seven rupees

 

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

Thirty rupees

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

See Administration Bond (No. 2), Bottomry Bond (No. 16) Customs Bond (No. 26), Indemnity Bond (No. 34), Respondential Bond (No. 56), Security Bond (No. 57)

Seventeen rupees

Exemptions

 

Bonds when executed by-

 

(a) Headmen nominated under rules framed in accordance with Bengal Irrigation Act, 1876, (Bengal Act, III of 1876) Section 99,

for the due performance of their duties under that Act;

 

(b) Any person for the purposed 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.

 

“16 BOTTOMRY BOND, that is to say, any instrument where by the master of a sea-going ship borrows money on the security of a ship to enable him to preserve the ship or prosecute her voyage.

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

“17 CANCELLATION, instrument of (including any instrument by which any instrument previously execute is cancelled), if attested and not otherwise provided for.

Thirty rupees

See also RELEASE (No. 55) Revocation of Settlement (No. 58-B), Surrender of Lease (No.61), Revocation of Trust (No. 64-B)

 

“18 CERTIFICATION OF SALE (in respect of each property put up a separate lot and sold), granted to the purchase of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer-

 

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

(b) Where the purchase money exceed Rs. 10 but does not exceed Rs. 25;

Two rupees

Three rupees

 

(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.

“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 any such company or body.

Two rupees

See also LETTERS OF ALLOTMENT OF SHARES (No.36)

 

“20. CHARTERED PARTY that is to say any instrument (except an agreement for the hire of a tugsteamer), 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.

Seven rupees

“22. COMPOSITION-DEED, that is to say, any instrument executed by a debtor, whereby the conveys his property for the benefit of his creditors or whereby payment of a composition or divident on their debt is secured to the creditors, or whereby provision is made for the continuation of debtor’s business under the supervision of inspectors or under letters of license, for the benefit of his creditors.

Sixty rupees

“23 CONVEYANCE (as defined by section 2(10) not being a Transfer charged or exempted under No. 52-

 

Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs.50;

Three rupees

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

Five rupees

Where it exceeds Rs. 100 but does not exceed

Rs. 200

Nine rupees

Where it exceeds Rs. 200 but does not exceed

Rs.300

Thirteen rupees

Where it exceeds Rs. 300 but does not exceed Rs.400

Seventeen rupees

Where it exceeds Rs. 400 but does not exceed

Rs.500

Twenty three rupees

 

Where it exceeds Rs. 500 but does not exceed

Rs.600

Twenty seven rupees

Where it exceeds Rs. 600 but does not exceed

Rs.700

Thirty two rupees

Where it exceeds Rs. 700 but does not exceed

Rs.800

Thirty seven rupees

Where it exceeds Rs. 800 but does not exceed

Rs.900

Forty rupees

Where it exceeds Rs. 900 but does not exceed

Rs.1000

Forty five rupees

For every Rs.500 or part thereof in excess of

Rs. 1,000;

Twenty three rupees

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

Sixty rupees thousand rupees

for

every

one

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

Eighty rupees thousand rupees

for

every

one

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

Ninety-nine 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 Meghalaya the Stamp duty shall be half of

the above rate.

Exemptions

 

Assignment of copyright under the Indian Copyright Act, 1957. (Act XIV of 1957)

CO-PARTNERSHIP DEED see Partnership (No. 46)

“24. COPY OR EXTRACT

 

Certified to be a true copy or extract 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

Four rupees

duty, or if the duty with which it was

 

chargeable does not exceed one rupee;

 

(ii) If any other case not falling within the

Seven rupees

provision of section 6A

 

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, naming, dedications marriages, divorce, 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 two rupees;

 

(b) In any other case not falling within the provisions of section 6A.

 

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

 

26. CUSTOM-BOND-

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

(b) In any other case

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

Forty rupees

28. DELIVERY ORDER IN RESPECT OF GOODS that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.

Two 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)

 

“9. DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

Twenty rupees

DOWER-Instrument of, see settlement (No. 58)

 

 

DUPLICATE-see counterpart (No. 25)

 

“31. EXCHANGE OF PROPERTY-Instrument

of.

The same duty as 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)

 

“FURTHER CHARGE-INSTRUMENT of,

that is to say, any instrument imposing a further charge on mortgaged property-

 

(a) When the original mortgage is one of the description referred to in clause (a) of Article No.40 (that is, with possession).

(b) When such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession):-

The same duty as a conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument.

(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 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 possession is not so given

The same duty as a Bond (No.15) for the amount of the further charge secured by such instrument.

“33. GIFT-Instrument of not being a settlement (No. 58), or will or Transfer (No. 62)

The same duty as a conveyance (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.

 

INSPECTORSHIP DEED; see composition-Deed No. 22

The same duty as a security Bond (No. 57) for the same amount.

 

“35. LEASE-including and 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 a Bond (No. 15) 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 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 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 and 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 and 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 and 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 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 of rents 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 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 line 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 additions to rent reserved;

The same duty as a conveyance (No.23) for a consideration equal to the amount or value of such line premium or advance as set forth in the lease in addition to the duty which would have been payable such lease, if no fine or premium or advance had been paid or delivered:

Provided that, in any case when an agreement to lease is stamped with the advolorem stamp required for a lease, and a lease in pursuance of such agreement is subsequent executed the duty on such lease shall not exceed one rupee and fifty five paise.

Exemption

 

Lease, executed in the case of cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drinking), without 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 received does not exceed one hundred rupees.

In this exemption a lease for the purpose of

cultivation shall include a lease of lands for cultivation together with a home stand or tank.

 

Explanation:- When a lease under takes to pay any recurring charge, such as Government revenue, land lord’s share of cesses, or the owner’s share of Municipal rates or taxes, which is by law recoverable from the lessor, the amounts so agreed to be paid by the lesse shall be deemed to be part of the rent .

Two rupees

“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).

Forty rupees

“38.LETTER OF LICENSE, that is to say any agreement between a debtor and his creditors that the letter shall, for a specified time suspend their claims and allow the debtor to carry on business at

his own discretion.

 

 

“39.MEMORANDUM OF ASSOCIATION OF A COMPANY-

 

(a) If accompanied by articles of association under section 26 of the Companies Act, 1956

One hundred nineteen rupees (Act I of 1956)

(b) If not so accompanied

 

(i) Where the normal share capital does not exceed one lakh of rupees

Two hundred ninety eight rupees.

(ii) Where the nominal share capital exceeds one lakh of rupees

Four hundred ninety five rupees.

Exemption

 

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

(Act. I of 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) of Security Bond (No.57).

 

(a) When possession of the property or any part of the property comprise 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 amounts secured by such deed.

(b) When possession of the property or any part of the property comprise in such deed is not given by the mortgagor nor agreed to be given;

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 a part thereof is deemed to give possession within the meaning of this article.

 

(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

Four rupees

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

Four rupees

 

Exemption

 

(1) Instrument executed by persons taking advance under the Land Improvement Loans Act. 1883, or the Agriculturist’s Loan Act, 1884.) or by their sureties as security for the repayment of such advance.

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

(Act XIX of 1883)

“41. MORTGAGE OF CROP, in 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

Two rupees

For every Rs.200 of part thereof secured in excess of Rs.200

Two rupees

(b) When the loan is repayable more than three months, but not more than eighteen months from the date of instrument-

 

Exemption

 

“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 the other person lawfully acting as a Notary Public.

See also protest of Bill or Note (No.50).

Seven rupees

“43. NOTE OR MEMORANDUM, sent by a

Broker or Agent to his principal intimating the purchase or sale on account of such principal-

Two hundred ninety eight rupees.

(a) Of any goods exceeding in value twenty rupees;

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

Two rupees

Two rupees for every Rs.5,000 or part thereof of the value of the stock or security subject to a maximum of

forty rupees

“44. NOTE OF PROTEST BY THE MASTER OF

A SHIP- See also protests by the master of ship (No.51).

 

 

Order for the payment of money-See Bill Exchange (No.13).

 

“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 shares 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 than 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 severally is executed and a partition is affected in pursuance of such agreement the duty chargeable upon the instrument affecting such partitions shall be reduced by the amount of duty paid in respect of first instrument but shall not be less than four rupees.

 

(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 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 an instrument of partition in pursuance of such order or award is subsequently executed duty in such instrument shall not exceed four rupees.

46. PARTNERSHIP A-Instrument of-

 

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

(b) In any other case

The same duty as a Bond (No. 15)

Eighty rupees

 

B.-Dissolution of-

Pawn or pledge-See Agreement relating to Deposit of Title-deeds pawn or pledge (No.6)

“48. POWER OF ATTORNEY

(as defined by section 2(21) not being a proxy-

Forty rupees

(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;

Four rupees

(b) When required in suits or proceedings under the presidency small Cause Courts Act, 1882.

Four rupees ACT XV of 1882

(c) When authorising one person or more to act

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

Seven rupees

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

Thirty rupees

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

Sixty rupees.

(f) When given for consideration and authorising 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

Five rupees for each person authorised

Explanation -for the purpose of these Article More persons than one when belonging to the same firm

shall be deemed to be one person.

 

N.B.-the term “Registration” includes every operation incidental to registration under the Indian Registration Act, 1908 (ACT XVI of 1908).

 

“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.

Seven rupees.

“51. PROTEST BY THE MASTER OF A SHIP,

that is to say, any declaration of the particular of her voyage drawn up by him with a view to adjustment of losses or the calculation of averages and every declaration in writing made by him against the charters or consignees for not loading or unloading the ship, when such declaration is

attested or certified by a Notary Public or other

Seven rupees

 

person lawfully acting as such.

 

“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 conveyances (No. 23) for the amount of such consideration as set forth in the conveyance.

(b) In any other case

Sixty rupees

“55.RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23-A),where by a person renounces a claim upon another person or against specified property-

 

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

The same duty as a Bond (No.15) for such or value as set forth in the release.

(b) In any other case

Thirty 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 a Bond (No.15), 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 secure the due performance of a contract-

 

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

(b) In any other case.

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

Thirty rupees

Exemption

 

Bond or other instrument, when executed-

(a) By headman nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Ben. Act III of 1876) section 99, for due performance of their duties under that Act;

(b) 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, specified sum per mensem.

(c) Under No.-3-A of the rules made by the Government of Bombay in Council under section 70 of the Bombay Irrigation Act, 1879; (Bom. Act VII of 1879)

(d) Executed by persons taking advances under the Land Improvement Loans Act, 1883, (Act XIX of 1883) or the Agriculturist’s Loans Act, 1884, (Act XII of 1884) or by their sureties, as sureties, as securities for the repayment of such advance;

(e) Executed 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 power)

The same duty as a conveyance (No.23) 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 on instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not

exceed three rupees.

Exemption

 

(a) Deed of power executed on the occasion of a marriage between Muhammadans.

(b) Hindus, that is to say, any settlement of immovable property executed by a Buddhist in Burma for a religious purpose in which no value has been specified and on which a duty of Rs.10 has been paid.

 

B-revocation of-

The same duty as a conveyance (No.23) for a sum equal to the amount or value of the property concerned, as set for in the instrument of revocation, but not exceeding forty rupees.

See also TRUST (No.64)

“59-SHARE WARRANTS to bearer issued under the Company Act, 1956, (Act I of 1956)

One-and-a-half time the duty payable on 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, (Act I of 1956.) section 114, to have effect only upon payment, as composition for duty, to the collector of stamp revenue of—

(a) One-and-a-half per centum of the Whole subscribed capital of the company, or

(b) If any of the company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital one-and-a-half per centum of the additional capital so

issued.

“60-SHIPPING ORDER for or relating to the

conveyance of goods on board of any vessel. “61-SURRENDER OF LEASE-

Two rupees

(a) When the duty with which the lease is chargeable, does not exceed seven rupees and fifty paise.

(b) In any other case

The duty with which such lease is chargeable.

Thirty rupees.

Exemptions

 

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

 

“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 consideration equal to the amount of the consideration 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 (No.15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument but not exceeding fifty rupees.

B-Revocation of or concerning property when made by any document 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 fifty

rupees.

See also Settlement (No.58) Valuation-See Appraisement (No.8)

 

“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

Three rupees

 

signed or certified by or on behalf of the person in whose custody such goods may be.

[Vide Meghalaya Act 5 of 1993, s. 2]

Amendment of Schedule – I .—In Articles 35 to schedule 1 of the Indian Stamp Act, 1899, (as amended by Meghalaya) after entry No. (c), new entry (d) shall be inserted as follows,-

Description of Instrument

Proper stamp duty

“d. Where lease is granted for mining of

minerals:

 

(i) Where the lease is granted for more than one year and not exceeding ten years

One rupee for every hundred rupees of the total amount of the average annual royalty payable calculated on the highest annual extraction of minerals as per approved mining plan.

(ii) Where the lease is granted for more than ten years and not

Two rupees for every hundred rupees of the total amount of the average annual royalty calculated on the

exceeding twenty years

highest annual extraction of minerals as per approved mining plan.

(iii)Where the lease is granted for more than twenty years and not exceeding thirty years

Three rupees of every hundred rupees of the total amount of the average annual royalty payable calculated on the highest annual extraction of minerals as per approved mining plan.

(iv)Where the lease is granted for more than thirty years and not exceeding fifty years.

Four rupees for every hundred rupees of the total amount of the average annual royalty payable calculated on the highest annual extraction of minerals as per approved mining plan."

[Vide Meghalaya Act 6 of 2020, s. 2]

 

Arunachal Pradesh

 

Amendment of Schedule-1 of Act No. 2 of 1899.— In the Indian Stamp Act, 1899 in Schedule-I (except for Item Nos. 13,14, 27, 37, 37, 47,49, 52, 53, 56, 62) for Item Nos 1,2,3,4,5,6,7,8,9,10, 11, 12,15, 16,

17,18, 19, 20, 22, 23, 24,25,26, 28, 29,30,31,33,34,35,36,38,39,40,41,42,43,44,

45,46,48,50,51,54,55,57,58, 59,60, 61,63, 64 and 65, the following shall be substituted, namely:--

Item No.

Description of Instrument

Proper Stamp-Duty

 

1

2

1.

ACKNOWLEGDMENT 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;

Provided that such acknowledgement does not contain

Rs. 20.oo

 

 

any promise to pay the debt or any stipulation to pay

interest or to deliver any goods or other property.

 

2.

ADMINISTRATION-BOND including a bond given under section 256 of Indian Succession Act, 1865 (10 of 1865), section 6 of the Government Saving bank Act, (5 of 1873), section 78 of the Probate and administration Act, 1881 (5 of 1881), or section 9 of section 10 of the

Succession Certificate Act, 1889 (7 of 1889).

Rs. 50.00 in all cases.

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, ADVOCATE, see Entry as an Advocate (No. 30)

Rs. 100.00

4.

AFFIDAVIT including an affirmation or declaration in the case of person by law allowed to affirm or declare instead of swearing.

Rs. 10.00

 

Exemptions

 
 

Affidavit or declaration in writing when made-

 
 

(a) as a condition of enrolment under the Indian Army Act, 1911 (8 of 1911) or the Indian Air Force Act, 1932 (14 of 1932);

 
 

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

 
 

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

 

5.

AGREEMENT OR MEMORANDUM OF AGREEMENT

 
 

(a) if relating to the sale of a bill of exchange;

Rs. 5.00

 

(b) 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 Recognized under the Securities Contracts (Regulation) Act, 1956.

Three rupees for every Rs.5,000 or part thereof of the value of the security at the time of, its purchase or sale as the case may

be.

 

(ii) in other cases

Five rupees for every Rs. 5,000 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-owner and whether in one or more blocks and situated in Arunachal Pradesh where the advance given under such agreement does not exceed one thousand rupees.

Rs.5.00

 

(e) If not, otherwise provided for

Rs.10.00

 

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 BELATING 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 of being evidence of the tile to any property whatever

(other than a marketable security); or

 
 

(2) the pawn or pledge of movable property; where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be

advanced by way of loan or an existing or future debt,-

 
 

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

evidencing the agreement.

 
 

(i) if the amount of the loan does not exceed Bs. 500

Rs. 50.00

 

(ii) if it exceeds Rs. 500 and does not exceed Rs. 1000 and

Rs. 50.00

 

(iii) for every Rs. 1000 or part thereof in excess of Rs. 1000

Rs. 10.00

 

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

Half the duty payable under sub­clause (a)

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.

 
 

(a) where the value of the property does not exceed Rs. 1,000.

Rs.41.25

 

(b) In any other case

Rs.74.25

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 bond (15) for

such amount.

 

(b) in any other case

Rs.50.00 in all cases.

 

Exemptions

(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or

operation of law.

 
 

(b) Appraisement of crops for the purpose of ascertaining the

amount to be given to a landlord as rent.

 
 

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).

Rs.50.00

 

 

Exemption- Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1 961 (52 of 1 961) I or by which a person is apprenticed by or at the

charge of any public-charity.

 

10.

ARTICLE OF ASSOCIATION OF A COMPANY.

 
 

(a) where the company has no share capital or the nominal share capital does not exceed Rs. 2,500;

Rs. 100.00

 

(b) where the nominal share capital exceeds Rs. 2,500 but does not exceed Bs. 5,000;

Rs.150.00

 

(c) where the nominal share capital exceeds Rs. 5,000 but does not exceed Rs. 1,00,000;

Rs.300.00

 

(d) where the nominal share capital exceeds Rs. 1,00,000.

Rs.500.00

 

Exemptions- 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.

ARTICLE OF CLERKSHIP or contract whereby any person first becomes bound to serve as a clerk in order

to his admission as an attorney in any High Court.

Rs. 100.00

12.

AWARD, that is to say, any decision in writing by an arbitrator or umpire not being an award directing a partition, on a reference made otherwise than by an

order of the Court in the course of a suit-

 
 

(a) where the amount or value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000.

The same duty as a Bond

(No.15) for such amount.

 

(b) in any other case

Rs. 5.00

13.

BILL OF EXCHANGE [as defined by section 2(2) not

being a BOND, bank-note or currency note[(b) where payable otherwise than on demand-

 
 

(i) Where payable not more than three months after date

or sight-

 
 

(a) if the amount of the bill or note does not exceed Rs.

500;

30 paise

 

(b) it exceeds Rs. 500 but does not exceed Rs. 1,000;

60 paise

 

(c) and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000;

60 paise

 

(ii) where payable more than three months but not more

than six months after date or sight

Rs. 100.00

 

(a) if the amount of the bill or note does not exceed Rs.

500;

60 paise

 

(b) if it exceeds Rs. 500 but does not exceed Rs. 1,000;

Re 1 and 20 paise

 

(c) and for every additional Rs. 1,000 or part thereof in

exceeds of Rs. 1,000:

Re 1 and 20 paise

 

(iii) where payable more than six months but not more

than nine months after date of sight-

90 paise

 

(a) if the amount of the bill or note does not exceed Rs.

500;

Re 1 and 80 paise

 

(b) if it exceeds Rs. 500 but does exceed Rs. 1,000;

Re 1 and 80 paise

 

(c) and for every additional Rs. 1,000 or part thereof in

 

 

 

exceeds of Rs. 1,000;

 
 

(iv) where payable more than nine months but not more

than one year after date or sight-

 
 

(a) if the amount of the bill or note does not exceed Rs. 500;

Re 1 and 25 paise

 

(b) if it exceeds Rs. 500 but does not exceed Rs. 1,000

Re 2 and 50 paise

 

(c) and for every additional Rs. 1,000 or part thereof in exceeds of Rs. 1 ,000;

Re 2 and 50 paise

 

(v) where payable at more than one year after date or sight-

 
 

(a) if the amount of the bill or note does not exceed Rs.500;

Re 2 and 50 paise

Rs. 5

Rs. 5

 

(b) if it exceed Rs. 500 but does not exceed Rs. 1,000;

Re 1

 

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

 

14.

BILL OF LADING {including a through bill of lading)

Exemptions-

Re 1

 

{a} Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 {10 of 1889}, and are to be delivered at another place within the limits

of the same port.

N.B.-If a bill of lading drawn in parts, the proper stamp therefore must be borne by each one of the set.

15.

BOND {as defined by section 2(5) not being a Debenture (No-27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870 (7 of

1870).

 
 

{i} where the amount or value secured does not exceed Rs. 10

Rs.2.00

 

{ii} Where it exceeds Rs. 10 and does not exceed Rs. 50

Rs.2.00

 

{iii} Where it exceeds Rs. 50 and does not exceed Rs. 100

Rs.3.00

 

{iv) Where it exceeds Rs. 100 and does not exceeds Rs.20

Rs.5.00

 

{v) Where it exceeds Rs. 200 and does not exceeds Rs.300

Rs.8.00

 

(vi) Where it exceeds Rs. 300 and does not exceeds Rs.

400

Rs. 10.00

 

{vii) Where it exceeds Rs. 400 and does not exceeds Rs.

500

Rs. 14.00

 

{viii) Where it exceeds Rs.500 and does not exceeds Rs.

600

Rs. 18.00

 

{ix) Where it exceeds Rs. 600 and does not exceeds 8s.700

Rs.22.00

 

{x) Where it exceeds Rs.700 and does not exceeds Bs. 800

Rs.24.00

 

{xi} Where it exceeds Rs. 800 and does not exceeds Bs.

900

Rs.27.00

 

{xii} Where it exceeds Rs. 900 and does not exceeds

Rs. 1000

Rs.30.00

 

{xiii} and for every Rs. 500 or part thereof in excess of

Rs. 1000

Rs.7.00

 

 

See Administration-Bond {No. 2} Bottomry Bond {No.

16}, Customs Bond (No. 26), Indemnity Bond (No. 34}, Respondentia Bond (No. 56} Security Bond (No. 57)

 
 

Exemptions - Bond, when executed by-

 
 

{a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, Section 99 for the due performance of their duties under

that Act].

 
 

(b) any person for the purpose of guaranteeing that the local income, derived from private subscriptions to a charitable dispensary or hospital or any other object of

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

 

16.

BOTIOMRY 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. 1 5) for the same amount;

17.

CANCELLATION - Instrument of {including any instrument by which any instrument previously executed is cancelled}, if attested and not otherwise provided for.

See also Release {No. 55}, Revocation of Settlement

{No. 58-B}, Surrender of Lease (No. 61}, Revocation of Trust (No. 64-B).

Rs.50.00

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 of other Revenue

Officer-

 
 

(a) where the purchase-money does not exceed Rs. 10;

Rs.2.00

 

{b) Where the purchase money exceeds Rs. 10 but does not exceed Rs. 25;

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

equal to the amount of the purchase money only.

 

{c) in any other case.

 

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.

Rs. 5.00

 

See also Letter of Allotment of Shares (No. 36)

 

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.

Rs. 15.00

21.

Omitted.

 

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

Rs. 100.00

 

 

the benefit of his creditors.

 

23.

Conveyance (as defined by section 2(10), not being a Transfer charged or exempted under No.62, - where the amount or value of the consideration for such

conveyance as set forth therein does not exceed Rs. 1000.00

Rs. 50.00

 

(i) Where it exceeds Rs. 1000 but does not exceed Rs. 10,000;

3%

 

(ii) Where it exceeds Rs. 10,000 but does not exceed Rs. 1 ,00,000;

2%

 

(iii) Where it exceeds Rs. 1,00,000 but does

not exceed Bs. 3,00,000;

1%

 

(iv) Where it exceeds Rs. 3,00,000 but does

not exceed Rs. 5,00,000;

3%

 

(v) Rs. 5,00,000 and above.

3%

 

Exemptions-

 
 

[(a)] Assignment of copyright by entry made under the Indian Copyright Act, 1847(now the Copy right Act, 1957), Section 5.

[(b) For the purpose of this article, the portion of duty paid in respect of a document falling under article No. 23A shall be excluded while computing the duty payable in respect of a corresponding document relating

to the completion of the transaction in any union territory under this article.]

 
 

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

 

23A.

Conveyance in the nature of part performance Contracts for the transfer of immovable property in the nature of

part performance in any union territory under section 53A of the Transfer of Property Act, 1882 (4 of 1882).

Ninety per cent of the duty as conveyance {No.23).

24.

COPY OR EXTRACT, - Certified to be a true copy or extract, or by order of any public officer and not chargeable under the law for the time being in force

relating to court fees-

 
 

{i) if the original was not chargeable with duty or if the

duty with which it was chargeable does not exceed one rupee;

Rs.5.00

 

{ii) in any other case ;

Rs. 10.00

 

Exemption:

 
 

{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 chargeabledoes not exceed one rupee.

The same duty as is payable on

the original.

 

(b) In any other case.

Rs.10.00

 

Exemptions: Counterpart of any lease to a cultivator

 

 

 

when such lease is exempted from duty.

 

26.

CUSTOMS BOND

(a) where the amount does not exceed Rs. 1000;

The same duty as a Bond (No.

15) for such amount.

 

(b) in any other case

Rs. 50.00

27.

DEBENTURES (where a mortgage debenture or not),

being a marketable security transferable-

 
 

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

 
 

(i) where the amount or value does not exceed Rs. 10;

10 paise

 

(ii) where it exceeds Rs. 10 and does not exceed Rs. 50

20 paise

 

(iii) Ditto 50 ditto 100

30 paise

 

(iv) Ditto 100 ditto 200

75 paise

 

(v) Ditto 200 ditto 300

Rs. 1 and 10 paise

 

(vi) Ditto 300 ditto 400

Rs. 1 and 50 paise

 

(vii) Ditto 400 ditto 500

Rs. I and 80 paise

 

(viii) Ditto 500 ditto 600

Rs. 2 and 25 paise

 

(ix) Ditto 600 ditto 700

Rs. 2 and 60 paise

 

(x) Ditto 700 ditto 800

Rs. 3 and 40 paise

 

(xi) Ditto 800

Rs. 3 and 75 paise

 

(xii) ditto 900

Rs. 1 and 85 paise

 

(xiii) and for every Rs. 500 or part thereof in excess 1000

Rs. 3

 

(b) by delivery

35 paise

 

(i) where the amount or value of the consideration for such

debenture as set forth therein does not exceed Rs. 50

75 paise

 

(ii) where it exceeds Rs. 50 but does not exceed Rs. 100

Rs. 1 and 50 paise

 

(iii) Ditto 100 ditto 200

Rs. 2 and 25 paise

 

(iv) Ditto 200 ditto 300

Rs.3

 

(v) Ditto 300 ditto 400

Rs. 3 and 75 paise

 

(vi) Ditto 400 ditto 500

Rs. 4 and 50 paise

 

(vii) Ditto 500 ditto 600

Rs. 5 and 25 paise

 

(viii) Ditto 600 ditto 700

Rs. 6

 

(ix)Ditto 700 ditto 800

Rs. 6 and 75 paise

 

(x)Ditto 800 ditto 900

Rs. 7 and 50 paise

 

 

(xi) Ditto 900 ditto 1,000

Rs. 3 and 75 paise

 

(xii) and for every Bs. 500 or part thereof in excess of Rs.1000

 
 

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 there under, 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.

 
 

DECLARATION OF ANY TRUST. See TRUST (No.

64)

 

28.

DELIVERY-ORDER IN RESPECTOF GOODS, that is

to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods

upon the sale or transfer of the property therein, when such goods exceeds in value twenty rupees.

Rs.2.00

29.

DIVORCE - Instrument of, that is to say, any

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

Rs.50.00

30.

ENTRYAS AN ADVOCATE VAKIL OR ATIOBNEY ON THE ROLE

OF ANY HIGH COURT {under the Indian Bar Councils Act, 1926, or in exercise of powers conferred on such court by Letters, Patent or by the Legal

Practitioners Act, 1884

 
 

(a) in the case of an Advocate or Vakil

Deleted.

 

(b) in the case of an Attorney

Deleted.

 

Exemptions: Entry of an Advocate, Vakil or Attorney on the roll of any High Court when he has previously been enrolled in a

High Court.

 

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.

32.

FURTHER CHARGE - Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-

 
 

(a) When the original mortgage is one of the description referred to in clause (a) of Article No.40 (that is, with possession);

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

charge secured by such

 

   

instrument.

 

(b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession),

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 possession is not so given.

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

instrument.

33.

GIFT- Instrument of, not being a Settlement (No.58) or Will

or Transfer (No. 62).

The same duly as a conveyance (No. 23) for consideration equal to the value of the property as set

forth in such instrument.

34.

INDEMNITY-BOND

The same duty as a Security Bond (No. 57) for the same

amount.

35.

LEASE, including an under-lease or sublease and any

agreement to let or sub-let-

 
 

(a) where by such lease the rent is fixed and no premium is

paid or delivered-

 
 

(i) where the lease purports to be to a term of less than one year;

The same duty as a Bond (No. 1 5) 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 Bond (No.15) for the amount or value of the average annual rent

reserved.

 

(iii) where the lease purports to be for a term in excess of five years and ; 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 as a 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 as a 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 in the case of a lease granted solely for agricultural purposes to one tenth and in any other case to one-sixth of the whole amount of rents 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 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 advanced as set forth in the

lease.

c) where the lease is granted for a fine or premium or for

money advanced in addition to rent reserved.

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease it 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 ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed

two rupees.

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