INDIAN STAMP ACT, 1899-7

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

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Year : 1899

Orissa

Amendment of Schedule 1-A, Act 2 of 1899 .—For Schedule 1-A of the principal Act the following Schedule Shall be substituted.

“SCHEDULE 1-A

STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 1986.

(See Section 3)

Note—The articles in Schedule 1-A are numbered so as to correspond with similar articles in Schedule 1.

“SCHEDULE 1-A

STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 1986.

(See Section 3)

Note—The articles in Schedule 1-A are numbered so as to correspond with similar articles in Schedule 1.

Description of Instrument Proper Stamp-duty (1) (2)

 

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

(c) if not otherwise provided for

Exemptions

(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.

Subject to maximum of rupees thirty for every ten thousand or part thereof of the value of the security or share.

One rupee and fifty paise

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

(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.

Description of Instruments Proper Stamp-duty

 

If drawn If drawn in If draw in Singly set of two set of three

for each part of for each part the set of the set

(1) (2) (3) (4)

 

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

When the exceeds Rs. 200 but does not exceed Rs. 400 When the exceeds Rs. 400 but does not exceed Rs. 600 When the exceeds Rs. 600 but does not exceed Rs. 800 When the exceeds Rs. 800 but does not exceed Rs. 1,000 When the exceeds Rs. 1,000 but does not exceed Rs. 1,200 When the exceeds Rs. 1,200 but does not exceed Rs. 1,600 When the exceeds Rs. 1,600 but does not exceed Rs. 2,500 When the exceeds Rs. 2,500 but does not exceed Rs. 5,000 When the exceeds Rs. 5,000 but does not exceed Rs. 7,500 When the exceeds Rs. 7,500 but does not exceed Rs. 10,000 When the exceeds Rs. 10,000 but does not exceed Rs. 15,000 When the exceeds Rs. 15,000 but does not exceed Rs. 20,000 When the exceeds Rs. 20,000 but does not exceed Rs. 25,000

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

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

Rs. P. 0.40

0.70

1.25

1.75

2.25

3.00

3.25

4.25

6.50

13.00

20.00

30.00

40.00

55.00

65.00

80.00

30.00

Rs. P. 0.25

0.40

0.70

0.90

1.25

1.50

1.75

2.25

3.25

6.50

10.00

15.00

20.00

30.00

35.00

40.00

15.00

Rs. P. 0.25

0.25

0.45

0.70

0.80

1.00

1.25

1.50

2.25

4.50

7.00

10.00

14.00

19.00

22.00

30.00

10.00

(b) if such loan or debt is repayable not more than half duty payable on a loan or debt under months from the date of such instrument. 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.

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.

(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 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.

Fifty rupees

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

Fifteen rupees

Fifteen rupees

 

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.

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

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

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

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

Ninety-five rupees

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

Nineteen rupees

One rupee subject to a maximum of one hundred and rupees.

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—

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

Where it exceeds Rs. 10 and does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs.100;

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

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

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

Thirty-five paise

Forty-five paise One rupee

Two rupees and fifty paise

 

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

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

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

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

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

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

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

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

Three rupees and seventy-five paise Four rupees and seventy-five paise Six rupees

Eight rupees and fifty paise Ten rupees

Twelve rupees Thirteen rupees Fifteen rupees

Seven rupees and fifty paise

See (No.2) ADMINISTRATION BOND (No.16) BOTTOMRY BOND (No.34) CUSTOMS BOND

(No. 24) 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;

(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;

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

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

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

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

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

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

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

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

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

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

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

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

Forty paise

Eighty paise

One rupee and fifty paise Three rupees

Four rupees and twenty-five paise Six rupees

Seven Rupees and fifty paise Eight rupees and fifty paise Ten rupees

Twelve rupees Thirteen rupees Fifteen rupees

Seven rupees and fifty paise

 

7.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).

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

(b) Where the purchase money exceeds Rs. 10,00 but does not exceed Rs. 25.

(c) In any other case

* * *

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.

* * *

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.

23. CONVEYANCE - As defined by section 2 (10) not being a transfer charged or exempted under No.62—

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

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

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

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

Fifteen rupees

Forty paise Eighty paise

..The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the purchase money only.

* *

Four rupees

* *

Thirty rupees

One rupees and fifty paise

Three rupees Six rupees

Eight rupees and fifty paise

 

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

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

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

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

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

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

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

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

Exemptions

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.

(ii) In any other case

Exemptions

(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.

(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,

(b) In any other case

Exemption

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

Twelve rupees Fifteen rupees Seventeen rupees Twenty rupees Twenty-three rupees Thirty rupees Thirty rupees Fifteen rupees

One rupee and fifty paise Three rupees

The same duty as is payable on the original Three rupees

 

26. CUSTOMS BOND

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

(b) In any other case

* *

DECLARATION OF ANY TRUST- See 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.

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

DUPLICATE- See COUNTERPART (No.

25).

31. EXCHANGE OF PROPERTY -Instrument of—

EXTRACT- See Copy (No.24)

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

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

(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;

(ii) If the possession is not so given.

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

Nineteen rupees

* * *

* * *

Four rupees

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

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

The same duty as a CONVEYANCE (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

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

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

34. INDEMNITY BOND

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;

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

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

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

(v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years;

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

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

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

The same duty as BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease.

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

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

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

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.

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.

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.

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.

The same duty as a CONVEYANCE (No.

 

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

(b) Where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved;

(c) Where the lease is granted for a time or premium, or for money advanced in addition to rent reserved.

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 ex­pressed 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.

* * * * 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.

23) for a consideration equal to the amount or value of such fine or premium , or advance as set forth in the lease.

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:

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

Thirty rupees

 

39. MEMORANDUM OF ASSOCIAITON OF A COMPANY—

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

(1 of 1956).

(b) if not so accompanied

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.

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

Explanation — A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.

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

and For every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000.

Exemptions

(1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (12 of 1883) or the Agriculturists Loans Act, 1884 (19 of 1884), 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

Sixty rupees

One hundred and fifty-five rupees

The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount secured by such deed.

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

One rupee and fifty paise

One rupee and fifty paise

 

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;

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

For every sum secured not exceeding Rs. 100; and for every Rs. 100 or part thereof secured in excess of Rs. 100.

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.

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;

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

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

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

Thirty paise Thirty paise

Forty paise Forty paise

Three rupees

Forty paise

Subject to a maximum of thirty-five paise for every ten thousand rupees or part thereof of the value of the stock or security.

Two rupees

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 remained 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

 

PARTNERSHIP—

A—Instrument of—

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

(b) in any other case 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—

(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;

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

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

(d) when authorizing not more than five persons

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 three 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 effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed three rupees.

Nine rupees and fifty paise Forty rupees

Nineteen rupees

One rupee and fifty paise

One rupee and fifty paise Three rupees

 

to act jointly and severally in more than one transaction or generally;

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

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

(g) In any other case

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

* * *

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 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.

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

* * *

54. RECONVEYANCE OF MORTGAGED PROPERTY—

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

(b) in any other case

55. RELEASE that is to say, 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—

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

Fifteen rupees Thirty rupees

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

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

* *

Four rupees

Four rupees

* * *

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

Thirty rupees

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

 

(b) in any other case

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.

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.

(b) In any other case

Exemptions

Bond or other instrument, when executed—

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).

forth in the release. Fifteen rupees

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

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

Fifteen rupees

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:

 

Exemption

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

(B) REVOCATION OF

See ALSO TRUST (No.64)

59. SHARE WARRANTS to bearer issued under the Companies Act, 1956 (1 of 1956).

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 per centum 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 per centum 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;

(b) in any other case

Exemptions

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

62. TRANSFER (Whether with or without consideration)—

* * *

(c) of any interest secured by a bond of

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 fifty paise.

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 thirty rupee.

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.

The duty with which such lease is chargeable.

Fifteen rupees

 

mortgage deed—

(i) if the duty on such bond or mortgage deed does not exceed seven rupees and fifty paise;

(ii) in any other case

(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 a beneficiary.

Exemptions Transfer by endorsement—

(b) of a delivery order, warrant for goods or other merchantile Document of title to goods;

* * *

(d) of securities of the Central Government.

See also section 8—

63. TRANSGER OR LEASE by way assignment and not by way of under lease.

Exemptions

Transfer of any lease exempt from duty—

64. TRUST-A-DECLARATION OF –of concerning any property when made by any writing not being a will.

B-REVOCATION OF —of or concerning any property when made by an instrument other than a will.

See also SETTLEMENT (No.8)

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

goods may be.”

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

Fifteen rupees Thirty rupees

Fifteen rupees or such smaller amount as may be chargeable under clause (c) of the article.

* * *

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

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

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, but not exceeding Thirty rupees.

Eighty paise

 

[Vide Orissa Act 9 of 1970, s. 3]

Orissa

Substitution of Schedule 1-A.— For Schedule 1-A of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to as the Principal Act), the following Schedule shall be substituted, namely:—

“SCHEDULE 1-A

STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 1986.

(See Section 3)

Note—The articles in Schedule 1-A are numbered so as to correspond with similar articles in Schedule 1.

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).

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.

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

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;

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

(c) if not otherwise provided for

Exemptions

Agreement or memorandum of

agreement—

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

Two hundred rupees

Ten rupees

Proper Stamp-duty

One rupee

Subject to maximum of forty-two rupees fifty paise for every ten thousand or part thereof of the value of the security or share.

Three rupees

 

(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

(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 If drawn in If draw in Singly set of two set of three

for each part of for each part the set of the set

(1) (2) (3) (4)

 

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

When the exceeds Rs. 200 but does not exceed Rs. 400 When the exceeds Rs. 400 but does not exceed Rs. 600 When the exceeds Rs. 600 but does not exceed Rs. 800 When the exceeds Rs. 800 but does not exceed Rs. 1,000 When the exceeds Rs. 1,000 but does not exceed Rs. 1,200 When the exceeds Rs. 1,200 but does not exceed Rs. 1,600 When the exceeds Rs. 1,600 but does not exceed Rs. 2,500 When the exceeds Rs. 2,500 but does not exceed Rs. 5,000 When the exceeds Rs. 5,000 but does not exceed Rs. 7,500 When the exceeds Rs. 7,500 but does not exceed Rs. 10,000 When the exceeds Rs. 10,000 but does not exceed Rs. 15,000 When the exceeds Rs. 15,000 but does not exceed Rs. 20,000 When the exceeds Rs. 20,000 but does not exceed Rs. 25,000

When the exceeds Rs. 25,000 but does not exceed Rs. 30,000 and for every additional Rs. 10,000 or part thereof in excess of

Rs. 30,000.

Rs. P.

0.40

0.70

1.25

1.75

2.25

4.15

4.55

5.90

9.00

17.90

27.50

41.25

55.00

75.65

89.40

110.00

41.25

Rs. P.

0.25

0.40

0.70

0.90

1.25

2.25

2.45

3.15

4.55

9.00

13.75

20.65

27.50

41.25

48.15

55.00

20.65

Rs.

P. 0.25

0.25

0.45

0.70

0.80

1.40

1,80

2.10

3.15

6.25

9.65

13.75

19.25

26.15

30.00

41.25

13.75

(b) if such loan or debt is repayable not more than Clause (a) for the amount secured. half duty payable on a loan or debt under three

months from the date of such instrument.

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.

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.

(b) in any other case

Exemptions

(c) 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.

(d) 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

One hundred rupees

The same duty as a BOTTOMRY BOND (No.16) for such amount. Twenty-one rupees

Fifty rupees

 

any apprentice, clerk or servant place with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP.

Exemption

Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 (19 of 1856) or by which a person is apprenticed by or at the charge of any public charity.

10. ARTICLES OF ASSOCIAITON OF A COMPANY .

Exception

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 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.

(1)

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

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

Two hundred rupees

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

Proper Stamp-duty

Twenty-seven-rupees.

One rupee and fifty paise subject to a maximum of one hundred and thirty-

eight rupees.

 

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—

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

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

Thirty-five paise Forty-five paise

 

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

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

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

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

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

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

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

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

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

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

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

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

One rupee

Two rupees and fifty paise

Three rupees and seventy-five paise Four rupees and seventy-five paise Six rupees

Eight rupees and fifty paise Ten rupees

Twelve rupees Eighteen rupees Twenty-one rupees

Eleven 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

Exceptions

Bond , when executed by—

(c) 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;

(d)


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;

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

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

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

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

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

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

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

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

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

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

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

and for every Rs. 500 or part thereof in excess

of Rs. 1,000;

Forty paise

Eighty paise

One rupee and fifty paise Three rupees

Four rupees and twenty-five paise Six rupees

Seven rupees and fifty paise Eight rupees and fifty paise Ten rupees

Twelve rupees Eighteen rupees Twenty-one rupees

Eleven rupees

 

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).

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

(b) Where the purchase money exceeds Rs. 10,00 but does not exceed Rs. 25.

(c) In any other case

* * *

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.

* * *

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.

23. CONVEYANCE - As defined by section 2 (10) not being a transfer charged or exempted under No.62—

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

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

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

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

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

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

Fifty rupees

One rupees and fifty paise

* *

Fifty rupees

Fifty rupees

One rupee and fifty paise

Three rupees Six rupees

Eight rupees and fifty paise Twelve rupees

Fifteen rupees

 

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

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

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

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

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

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.

(ii) In any other case

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 chargeable does not exceed one rupee and fifty paise,

(b) In any other case

Exemption

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

26. CUSTOMS BOND

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

(b) In any other case

* *

Seventeen rupees Twenty-three rupees Twenty rupees Forty-two rupees Twenty-one rupees

Two rupees and fifty paise

..Five rupees

The same duty as is payable on the original

.. Five rupees

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

Fifty rupees

* * *

 

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.

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

DUPLICATE- See COUNTERPART (No. 25).

31. EXCHANGE OF PROPERTY -Instrument of—

EXTRACT- See Copy (No.24)

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

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

(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;

(ii) If the possession is not so given.

33. GIFT -Instrument of, not being a SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62).

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

* * *

One hundred rupees

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

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

The same duty as a CONVEYANCE (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

 

34. INDEMNITY BOND

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;

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

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

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

(v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years;

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

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

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

(b) Where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved;

(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 BOTTOMRY BOND (No. 16) for the amount of the further charge secured by such instrument;

The same duty as a CONVEYANCE (No.23) for a consideration equal to the value of the property as set forth in such instrument.

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

The same duty as BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease.

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

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

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

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.

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.

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.

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.

The same duty as a CONVEYANCE

 

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.

* * * * 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.

39. MEMORANDUM OF ASSOCIAITON OF A COMPANY

(a) if accompanied by articles of association under section 26 of the Companies Act, 1956 (1 of 1956).

(b) if not so accompanied

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 SECURITY BOND ( No. 57)—

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

(No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease.

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:

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

Fifty rupees

Two hundred rupees Five hundred rupees

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.

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 purpose where the principal or primary security is duly stamped—

For every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000.

Exemption

(1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (12 of 1883) or the Agriculturists Loans Act, 1884 (19 of 1884), 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;

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

For every sum secured not exceeding Rs. 100; and for every Rs. 100 or part thereof secured in excess of Rs. 100.

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.

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

Three rupees Three rupees

Thirty paise Thirty paise

Forty paise Fifty paise

Twenty 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—

(a) of any goods, exceeding in value twenty rupees;

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

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

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

Seventy-five paise

Subject to a maximum of forty-two rupees and fifty paise, for every ten thousand rupees or part thereof of the value of the stock or security.

Ten rupees

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 severality 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 three 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 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

 

46. PARTNERSHIP — A- Instrument of —

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

(d) in any other case 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—

(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;

(b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1872;

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

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

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

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

(g) In any other case

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

* * *

50. PROTEST OF BILL OR NOTE that is to say any declaration in writing made by a

and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed three rupees.

Twenty rupees

One hundred rupees Fifty rupees

Fifty rupees

Five rupees Ten rupees Fifty rupees

One hundred rupees

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

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

* *

Ten rupees

 

Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or 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.

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

* * *

54. RECONVEYANCE OF MORTGAGED PROPERTY

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

(b) in any other case

55. RELEASE , that is to say, 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—

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

(b) in any other case

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

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

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 CONVEYANCE (No. 23) for the amount of such consideration as set

forth in there conveyance. Forty-two rupees

The same duty as a BOTTOMRY BOND (No. 16) for such amount or value as set forth in the release.

Twenty-one rupees

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

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

.. Twenty-one rupees

 

(b) In any other case

Exemption

Bond or other instrument, when executed—

(a) By headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (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, 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).

Exemption

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

(B) REVOCATION OF

See ALSO TRUST (No.64)

59. SHARE WARRANTS to bearer issued under the Companies Act, 1956 (1 of 1956).

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 three rupees.

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 forty-two rupees.

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

 

Exemptions

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 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.

61. SURRENDER OF LEASE

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

(b) in any other case

Exceptions

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

62. TRANSFER (Whether with or without consideration)—

* * *

(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;

(ii) in any other case

(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 a beneficiary.

Exemption Transfer by endorsement—

(b) of a delivery order, warrant for goods or

other merchantile Document of title to goods;

* * *

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

63. TRANSFER OR LEASE by way assignment and not by way of under lease.

consideration equal to the nominal amount of the shares specified in the warrant.

The duty with which such lease is chargeable.

Twenty-one rupees

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

Twenty-one rupees Forty-two rupees

Eighteen rupees and seventy-five paise or such smaller amount as may be chargeable under clause (c) of the article.

* * *

 

Exemption

Transfer of any lease exempt from duty—

64. TRUST-A-DECLARATION OF –of concerning any property when made by any writing not being a will.

B-REVOCATION OF —of or concerning any property when made by an instrument other than a will.

See also SETTLEMENT (No.8)

65. WARRANT FOR GOODS that is to say, any instrument evidencing the title of any person therein named or his assigns, of the holder thereof, to the property in any goods lying in or upon any signed dock, warehouse or wharf, such instrument being or certified by or on behalf of the person in whose custody such goods may be.

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

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

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, but not exceeding forty-two rupees.

Five Rupees

[Vide Orissa Act 6 of 1986, s. 2]

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