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1
THE INDIAN STAMP ACT, 1899
_____________
ARRANGEMENT OF SECTIONS
_____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP- DUTIES
A.—Of the liability of instruments to Duty
3. Instruments chargeable with duty.
3A. [Repealed.].
4. Several instruments used in single transaction of sale, mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule I.
7. Policies of sea-insurance.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879.
8A. Securities dealt in depository not liable to stamp-duty.
8B. Corporatisation and demutualisation schemes and related instruments not liable to duty.
8C. Negotiable warehouse receipts not liable to stamp-duty.
8D. Agreement or document for assignment of receivables not liable to stamp-duty.
8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
shareholding of a bank to a holding company of bank not liable to duty.
8F. Agreement or document for transfer or assignment of rights or interest in financial assets not liable to
stamp-duty.
8G. Strategic sale, disinvestment, etc., of immovable property by Government company not liable to stamp
duty.
9. Power to reduce, remit or compound duties.
AA.— Of the liability of instruments of transaction in stock exchanges and depositories to duty
9A. Instruments chargeable with duty for transactions in stock exchanges and depositories.
9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.
B.—Of Stamps and the mode of using them
10. Duties how to be paid.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamps.
15. Instrument written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
C. —Of the time of stamping Instruments
17. Instruments executed in India.
18. Instruments other than bills and notes executed out of India.
19. Bills and notes drawn out of India.
D. —Of Valuations for Duty
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
2
SECTIONS
23. Instruments reserving interest.
23A. Certain instruments connected with mortgages of marketable securities to be chargeable as
agreements.
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.
25. Valuation in case of annuity, etc.
26. Stamp where value of subject-matter is indeterminate.
27. Facts affecting duty to be set forth in instrument.
28. Direction as to duty in case of certain conveyances.
E. —Duty by whom payable
29. Duties by whom payable.
30. Obligation to give receipt in certain cases.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Collector.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Special provision as to unstamped receipts.
35. Instruments not duly stamped inadmissible in evidence, etc.
36. Admission of instrument where not to be questioned.
37. Admission of improperly stamped instruments.
38. Instruments impounded, how dealt with.
39. Collector's power to refund penalty paid under section 38, sub-section (1).
40. Collector's power to stamp instruments impounded.
41. Instruments unduly stamped by accident.
42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41.
43. Prosecution for offence against Stamp-law.
44. Persons paying duty or penalty may recover same in certain cases.
45. Power to Revenue-authority to refund penalty or excess duty in certain cases.
46. Non-liability for loss of instruments sent under section 38.
47. Power of payer to stamp bills and promissory notes received by him unstamped.
48. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps.
50. Application for relief under section 49 when to be made.
51. Allowance in case of printed forms no longer required by Corporations.
52. Allowance for misused stamps.
53. Allowance for spoiled or misused stamps how to be made.
54. Allowance for stamps not required for use.
54A. Allowances for stamps in denominations of annas.
54B. Allowances for Refugee Relief stamps.
55. Allowance on renewal of certain debentures.
3
CHAPTER VI
REFERENCE AND REVISION
SECTIONS
56. Control of, and statement of case to, Chief Controlling Revenue-authority.
57. Statement of case by Chief-Controlling Revenue-authority to High Court.
58. Power of High Court to call for further particulars as to case stated.
59. Procedure in disposing of case stated.
60. Statement of case by other Courts to High Court.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped.
62A. Penalty for failure to comply with provisions of section 9A.
63. Penalty for failure to cancel adhesive stamp.
64. Penalty for omission to comply with provisions of section 27.
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.
66. Penalty for not making out policy or making one not duly stamped.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.
68. Penalty for post-dating bills, and for other devices to defraud the revenue.
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
70. Institution and conduct of prosecutions.
71. Jurisdiction of Magistrates.
72. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection.
73A. Power of Central Government to make rules.
73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.
74. Powers to make rules relating to sale of stamps.
75. Powers to make rules generally to carry out Act.
76. Publication of rules.
76A. Delegation of certain powers.
77. Saving as to court-fees.
77A. Saving as to certain stamps.
78. Act to be translated, and sold cheaply.
79. [Repealed.].
SCHEDULE I.––STAMP-DUTY ON INSTRUMENTS.
SCHEDULE II. ––[Repealed.].
4
THE INDIAN STAMP ACT, 1899
ACT NO. 2 OF 18991
[27th January, 1899.]
An Act to Consolidate and amend the law relating to Stamps.
WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as
follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Indian Stamp Act, 1899.
2[(2) It extends to the whole of India 3***:
Provided that it shall not apply to 4[the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] (excluding the State of Jammu and Kashmir) except to the extent to
which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in
Entry 91 of List I in the Seventh Schedule to the Constitution].
(3) It shall come into force on the first day of July, 1899.
2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—
5[(1) Allotment list.—“allotment list” means a list containing details of allotment of the securities
intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories Act,
1996 (22 of 1996);
(1A) “banker” includes a bank and any person acting as a banker;]
(2) Bill of exchange.—“bill of exchange” means a bill of exchange as defined by the Negotiable
Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or
purporting to entitle any person, whether named therein or not, to payment by any other person of, or
to draw upon any other person for, any sum of money;
(3) Bill of exchange payable on demand. —“bill of exchange payable on demand” includes—
(a) an order for the payment of any sum of money by a bill of exchange or promissory note, or
for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or
for the payment of any sum of money out of any particular fund which may or may not be
available, or upon any condition or contingency which may or may not be performed or happen;
1. For Report of the Select Committee, see Gazette of India, 1898. Pt. -V, p. 231: and for Proceedings in Council, see 1898, Pt. VI, pp. 10 and 278; and Gazette of
India, 1899, Pt. VI, p 5.
This Act has been partially extended to Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas
Settlement Regulation (3 of 1872), s. 3, as amended by Reg. 3 of 1899, s. 3; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch;
and in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2.
Under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874) the Act has been declared to be in force in th e Scheduled Districts of Ganjam,
Vizagapatam and East Godavary, see Notification No. 121, dated 25th April, 1927, Fort St. George Gazette, 1927, Pt. I, p. 684. It has also been
extended under ss. 5 and 5A of the same Act, with certain modifications to the districts of the Khasi and Jaintia Hills, the Garo Hills, the Lushai
Hills and the Naga Hills and the North Kachar sub-division of the Kachar district, the Mikir Hill Tracts in the Sibsagar and Nowgong districts and
the Lakhimpur Frontier Tract, see Notification No. 1541.- F(a), dated 10th April; 1930. Assam Gazette 1930.Pt. ii, p. 700.
Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1: to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965, s. 3 and Schedule.
2. Subs. by Act 43 of 1955, s. 3, for sub-section (2) (w.e.f. 1-4-1956).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
4. Subs. by the A.O. (No. 2) 1956, for “Part B States”.
5. Subs. by Act 7 of 2019, s. 12, for clause (1) (w.e.f. 1-7-2020).[Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
5
(b) an order for the payment of any sum of money weekly, monthly or at any other stated
period; and
(c) a letter of credit, that is to say, any instrument by which one person authorises another to
give credit to the person in whose favour it is drawn;
(4) Bill of lading.— “bill of lading” includes a “through bill of lading”, but does not include a
mate's receipt:
(5) Bond.— “bond” includes—
(a) any instrument whereby a person obliges himself to pay money to another, on condition that
the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or bearer, whereby a person
obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other
agricultural produce to another;
1[but does not include a debenture;]
(6) Chargeable.—“chargeable” means, as applied to an instrument executed or first executed after
the commencement of this Act, chargeable under this Act, and, as applied to any other instrument,
chargeable under the law in force in 2[India] when such instrument was executed or, where several
persons executed the instrument at different times, first executed;
(7) Cheque.—“cheque” means a bill of exchange drawn on a specified banker and not expressed to
be payable otherwise than on demand;
3[(7A) “clearance list” means a list of transactions of sale and purchase relating to contracts traded
on the stock exchanges submitted to a clearing corporation in accordance with the law for the time
being in force in this behalf;
(7B) “clearing corporation” means an entity established to undertake the activity of clearing and
settlement of transactions in securities or other instruments and includes a clearing house of a
recognised stock exchange;]
4* * * * * *
(9) Collector.—“Collector” —
(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of
Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district;
and
(b) includes a Deputy Commissioner and any officer whom 5[the 6[State Government]] may, by
notification in the Official Gazette, appoint in this behalf;
(10) Conveyance.—“conveyance” includes a conveyance on sale and every instrument by which
property, whether moveable or immovable, is transferred inter vivos and which is not otherwise
specifically provided for by schedule I;
1. Added by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
4. Cl. (8) omitted by the A.O. 1937.
5. Subs. by the A.O. 1937, for “the L.G.”.
6. Subs. by the A.O. 1950, for “collecting Government”.
6
1[(10A) debenture.––“debenture” includes––
(i) debenture stock, bonds or any other instrument of a company evidencing a debt, whether
constituting a charge on the assets of the company or not;
(ii) bonds in the nature of debenture issued by any incorporated company or body corporate;
(iii) certificate of deposit, commercial usance bill, commercial paper and such other debt
instrument of original or initial maturity upto one year as the Reserve Bank of India may specify
from time to time;
(iv) securitised debt instruments; and
(v) any other debt instruments specified by the Securities and Exchange Board of India from
time to time;
(10B) “depository” includes––
(a) a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories
Act, 1996 (22 of 1996); and
(b) any other entity declared by the Central Government, by notification in the Official
Gazette, to be a depository for the purposes of this Act;]
(11) Duly stamped. —“duly stamped”, as applied to an instrument, means that the instrument
bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been
affixed or used in accordance with the law for the time being in force in 2[India]:
(12) Executed and execution. — “executed” and “execution” used with reference to instruments,
mean “signed” and “signature” 1[and includes attribution of electronic record within the meaning of
section 11 of the Information Technology Act, 2000 (21 of 2000);]
3* * * * *
(13) Impressed stamp. — “impressed stamp” includes—
(a) labels affixed and impressed by the proper officer; and
(b) stamps embossed or engraved on stamped paper;
4[(13A) India. — “India” means the territory of India excluding the State of Jammu and Kashmir;]
5[(14) “instrument” includes—
(a) every document, by which any right or liability is, or purports to be, created, transferred,
limited, extended, extinguished or recorded;
(b) a document, electronic or otherwise, created for a transaction in a stock exchange or
depository by which any right or liability is, or purports to be, created, transferred, limited,
extended, extinguished or recorded; and
(c) any other document mentioned in Schedule I,
but does not include such instruments as may be specified by the Government, by notification in the
Official Gazette.]
(15) Instrument of partition.— “instrument of partition” means any instrument where by
co-owners of any property divide or agree to divide such property in severalty, and includes also a
1. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. Clause (12A) omitted by the A.O. 1950. Earlier ins. by the A.O. 1937.
4. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956).
5. Subs. by Act 7 of 2019, s. 12, for clause (14) (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
7
final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award
by an arbitrator directing a partition;
1[(15A) Issue.— “issue” means any person making an issue of securities;]
(16) Lease.— “lease” means a lease of immovable property, and includes also—
(a) a patta;
(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate,
occupy, or pay or deliver rent for, immovable property;
(c) any instrument by which tolls of any description are let;
(d) any writing on an application for a lease intended to signify that the application is granted;
2[(16A) Marketable security.— “marketable security” means a security capable of being traded in
any stock exchange in India;
(16B) Market value.—“market value”, in relation to an instrument through which—
(a) any security is traded in a stock exchange, means the price at which it is so traded;
(b) any security which is transferred through a depository but not traded in the stock exchange,
means the price or the consideration mentioned in such instrument;
(c) any security is dealt otherwise than in the stock exchange or depository, means the price or
consideration mentioned in such instrument;]
(17) Mortgage-deed.— “mortgage-deed” includes every instrument whereby, for the purpose of
securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the
performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right
over or in respect of specified property;
(18) Paper.—“paper” includes vellum, parchment or any other material on which an instrument
may be written;
(19) Policy of insurance.—“policy of insurance” includes—
(a) any instrument by which one person, in consideration of a premium, engages to indemnify
another against loss, damage or liability arising from an unknown or contingent event;
(b) a life-policy, and any policy insuring any person against accident or sickness, and any other
personal insurance; 3***
4* * * * *
5[(19A) Policy of group insurance.—“policy of group insurance” means any instrument covering
not less than fifty or such smaller number as the Central Government may approve, either generally or
with reference to any particular case, by which an insurer, in consideration of a premium paid by an
employer or by an employer and his employees jointly, engages to cover, with or without medical
examination and for the sole benefit of persons other than the employer, the lives of all the employees
or of any class of them, determined by conditions pertaining to the employment, for amounts of
insurance based upon a plan which precludes individual selection:]
(20) Policy of sea-insurance or sea-policy.—“Policy of sea-insurance” or “sea-policy”—
(a) means any insurance made upon any ship or vessel (whether for marine or inland
navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods,
merchandise or property of any description whatever on board of any ship or vessel, or upon the
freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel;
and
1. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by s. 12, ibid., for clause (16A) (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. The word “and” omitted by Act 5 of 1906, s. 2.
4. Clause (c) omitted by s. 2, ibid.
5. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956).
8
(b) includes any insurance of goods, merchandise or property for any transit which includes, not
only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit
insured from the commencement of the transit to the ultimate destination covered by the insurance:
Where any person, in consideration of any sum of money paid or to be paid for additional
freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property
of any description whatever while on board of any ship or vessel, or engages to indemnify the
owner of any such goods, merchandise or property from any risk, loss or damage, such agreement
or engagement shall be deemed to be a contract for sea-insurance;
(21) Power-of-attorney.—“power-of-attorney” includes any instrument (not chargeable with a fee
under the law relating to Court-fees for the time being in force) empowering a specified person to act
for and in the name of the person executing it;
(22) Promissory note.—“promissory note” means a promissory note as defined by the Negotiable
Instruments Act, 1881 (XXVI of 1881);
It also includes a note promising the payment of any sum of money out of any particular fund
which may or may not be available, or upon any condition or contingency which may or may not be
performed or happen;
(23) Receipt.—“receipt” includes any note, memorandum or writing—
(a) where by any money, or any bill of exchange, cheque or promissory note is acknowledged to
have been received, or
(b) where by any other moveable property is acknowledged to have been received in satisfaction
of a debt, or
(c) where by any debt or demand, or any part of a debt or demand, is acknowledged to have
been satisfied or discharged, or
(d) which signifies or imports any such acknowledgment,
and whether the same is or is not signed with the name of any person; 1***
2[(23A) Securities.—“securities” includes—
(i) securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act,
1956 (42 of 1956);
(ii) a “derivative” as defined in clause (a) of section 45U of the Reserve Bank of India Act, 1934
(2 of 1934);
(iii) a certificate of deposit, commercial usance bill, commercial paper, repo on corporate bonds
and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of
India ma specify from time to time; and
(iv) any other instrument declared by the Central Government, by notification in the Official
Gazette, to be securities for the purposes of this Act.]
(24) Settlement.—“settlement” means any non-testamentary disposition, in writing, of moveable
or immovable property made—
(a) in consideration of marriage,
1. The word “and” omitted by Act 18 of 1928, s. 2 and the First Schedule.
2. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
9
(b) for the purpose of distributing property of the settler among his family or those for whom he
desires to provide, or for the purpose of providing for some person dependent on him, or
(c) for any religious or charitable purpose;
and includes an agreement in writing to make such a disposition 1[and, where any such disposition has
not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise,
the terms of any such disposition]; 2***
3[(25) Soldier. —“soldier” includes any person below the rank of non-commissioned officer who is
enrolled under the 4Indian Army Act, 1911(8 of 1911).]
5[(26) Stamp. — “stamp” means any mark, seal or endorsement by any agency or person duly
authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of
duty chargeable under this Act.]
6[(27) Stock exchange.—“stock exchange” includes—
(i) a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956); and
(ii) such other platform for trading or reporting a deal in securities, as may be specified by the
Central Government, by notification in the Official Gazette, for the purposes of this Act.]
STATE AMENDMENTS
Assam
Amendment of section 2 of Act II of 1892.—In section 2 of the principal Act, after clause (7), the
following shall be inserted, namely:-
“(8) “Chief Controlling Revenue Authority” means the Superintendent of Stamps, Assam.”
[Vide Assam Act 10 of 1968, s. 2]
Himachal Pradesh
Amendment of section 2.— In clause (10) of section 2 of the Indian Stamp Act, 1899, hereinafter
referred to as the said Act, for the colon shall be substituted a comma, followed by the words “or by
Schedule I-A as the case may be.
[Vide Himachal Pradesh Act 4 of 1953, s. 2]
Uttarakhand
Amendment of section 2.—Indian Stamp (Uttarakhand Amendment) Bill, 2011 (as passed by the
Uttarakhand Legislative Assembly on dated 16 March, 2011) clause 9 shall be substituted as follows;
namely:-
“Voting or attempting to cote under any proxy not duly stamped shall for every such offence, be
punishable with fine which may extend to ₹ five thousand.”
[Vide Uttarakhand Act 20 of 2013, s. 2]
Uttar Pradesh
Amendment of Section 2 of Act no. 2 of 1899.—In section 2 of the Indian Stamp Act, 1899,
hereinafter referred to as the principal Act, in clause (16), after sub-clause (d), the following clause shall
be inserted, namely :—
1. Ins. by Act 15 of 1904, s. 2.
2. The word “and”, omitted by the A.O. 1950. Earlier ins. by Act 18 of 1928, s. 2 and the First Schedule.
3. Added by Act 18 of 1928, s. 2 and the First Schedule.,
4. See Now the Army Act 1950 (46 of 1950).
5. Ins. by Act 23 of 2004, s. 117.
6. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
10
"(e) any instrument by which mining lease is granted in respect of minor minerals as defined in
clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957."
[Vide Uttar Pradesh Act 11 of 1992, s. 2]
Amendment of section 2 of Act II of 1899.—In section 2 of the Indian Stamp Act, 1899 as amended
in its application to Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act, in clause
(10), the following Explanation shall be inserted in the end, namely :—
“Explanation—An instrument whereby a co-owner of a property having defined share therein,
transfers such share or part thereof to another co-owner of the property, is for the purposes of this clause
an instrument by which property is transferred.”
[Vide Uttar Pradesh Act 19 of 1981, s. 2]
Amendment of section 2 of Act II of 1899.— In section 2 of the Indian Stamp Act, 1899, hereinafter
referred to as the principal Act, for clause (15), the following clause shall be substituted, namely :—
“(15) “instrument of partition” means any instrument whereby co-owners of any property divide
or agree to divide such property in severalty, and also includes —
(i) a final order for effecting a partition passed by any revenue authority or any civil court ;
(ii) an award by an arbitrator directing a partition ; and
(iii) when any partition is effected without executing any such instrument, any instrument of
instruments signed by the co-owners and recording, whether by way of declaration of such
partition or otherwise, the terms of such partition amongst the co-owners ;”
[Vide Uttar Pradesh Act 20 of 1974, s. 2]
Amendment of section 2 of Act no. 2 of 1899.— In section 2 of the Indian Stamp Act, 1899,
hereinafter referred to as the Amendment of principal Act, —
(a) for sub-section (14), the following sub-section shall be substituted, namely-
“(14) Instrument— “Instrument includes every document and record created or maintained in
or by an electronic storage and retrieval device or media by which any right or liability is, or
purports to be, created, transferred, limited, extended, extinguished or recorded;"
(b) after sub-section (14), the following sub-section shall be inserted, namely:—
"(14-A) 'Instrument of Gift'— '1nstrument of Gift' includes an instrument whether by way of
declaration or otherwise, for making or accepting an oral gift;"
(c) after sub-section (22), the following sub-section shall be inserted, namely :—
"(22-A) 'Public Officer'— Public Officer' means a Public Officer as defined in clause (17) of
section 2 of the Code of Civil procedure, 1908 and includes every officer working in connection
with the affairs of any of the following of organizations, namely :—
(a) any statutory body or authority constituted under any Uttar Pradesh Act;
(b) a 'Financing Bank or 'Central Bank' as defined in clause (k) of section 2 of the Uttar
Pradesh Co-operative Societies Act, 1965 ; "
[Vide Uttar Pradesh Act 38 of 2001, s. 2]
Amendment of section 2 of Act II of 1899.— In section 2 of the Indian Stamp Act, 1899, as
amended in its application to Uttar Pradesh (hereinafter referred to as the principal Act), after clause (26-
A), the following clause shall be inserted, namely:—
"27. 'quarter' means a quarter of the financial year."
11
[Vide Uttar Pradesh Act 49 of 1975, s. 2]
Uttarakhand
Amendment of Section 2.—In section 2 of the Indian Stamp Act, 1899 (herein after referred to as the
principle act),:—
(a) For clause (14), the following clause shall be substituted ; namely :—
(14) “Instrument” Instrument includes every document and record created or maintained in or by an
electronic storage and retrieval device or media by which any right or liability is, or purports to be,
created, transferred, limited, extended, extinguished or recorded;
(b) After clause (14), the following clause shall be inserted, namely:—
(14-A) “Instrument of Gift” Instrument of gift includes an instrument whether by way of declaration
or otherwise, for making or accepting an oral gift;
(c) After clause (22), the following clause shall be inserted namely:—
(22-A) “Public Officer” Public Officer means a Public Officer as defined in clause (17) of section 2
of the Code of Civil Procedure, 1908 and includes every officer working in connection with the affairs of
any of the following of the organization, namely:—
(a) Any statutory body or authority Constituted under any Uttarakhand State Act;
(b) A “Financing Bank” or “Central Bank” as defined in clause (L) of section 2 of the Uttarakhand
Co-operative Societies Act, 2003.
[Vide Uttarakhand Act 1 of 2016, s. 2]
CHAPTER II
STAMP DUTIES
A.—Of the liability of instruments to Duty
3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions
contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated
in that Schedule as the proper duty therefore respectively, that is to say—
(a) every instrument mentioned in that Schedule which, not having been previously executed by
any person, is executed in 1[India] on or after the first day of July, 1899;
(b) every bill of exchange 2[payable otherwise than on demand] 3*** or promissory note drawn or
made out of 1[India] on or after that day and accepted or paid, or presented for acceptance or
payment, or endorsed, transferred or otherwise negotiated, in 1[India]; and
(c) every instrument (other than a bill of exchange, 3*** or promissory note) mentioned in that
Schedule, which, not having been previously executed by any person, is executed out of 1[India] on or
after that day, relates to any property situate, or to any matter or thing done or to be done, in 1[India]
and is received in 1[India]:
Provided that no duty shall be chargeable in respect of—
(1) any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but
for this exemption, the Government would be liable to pay the duty chargeable in respect of such
instrument;
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Ins. by Act 5 of 1927, s. 5.
3. The word “cheque” omitted by Act 5 of 1927, s. 5.
12
(2) any instrument for the sale, transfer or other disposition, either absolutely or byway of mortgage or
otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel
registered under the Merchant Shipping Act 1894, Act No. 57 & 58 Vict. c. 60 or under Act XIX of 1838
Act No. or the Indian Registration of Ships Act, 1841, (CX of 1841) as amended by subsequent Acts.
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 3.— In section 3 of the said Act- (1) After clause (c), the following proviso
shall be inserted, namely: — “Provided that, notwithstanding anything contained in clauses (a), (b) or (c)
of this section or in Schedule I, and subject to the exemptions contained in Schedule I-A, the following
instruments shall be chargeable with duty of the amount indicated in Schedule I-A, as the proper duty
therefor, respectively, that is to say:
(aa) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule
which, not having been previously executed by any person is executed in the Himachal Pradesh on or
after the date of commencement of this Act;
(bb) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule,
which, not having been previously executed by any person, is executed out of Himachal Pradesh, on or
after the date of commencement of this Act and relates to any property situated, or to any matter or
thing done or to be done in the Himachal Pradesh, and is received in the Himachal Pradesh”.
(2) Between the word “Provided” and the words “that no duty” the word “also” shall be inserted.
[Vide Himachal Pradesh Act 4 of 1953, s. 3]
Odisha
Insertion of new section 3A.—After section 3 of the Indian Stamp Act, 1899, (2 of 1899) the
following section shall be inserted, namely:—
“3.A Duty chargeable on mining lease. — (1) Notwithstanding anything contained in this Act and
the rules made thereunder, on every instrument of grant or renewal of a mining lease, the stamp duty
chargeable shall be equivalent to fifteen percentum of the amount of average royalty that would accrue
out of the highest annual extraction of minerals permitted under the approved mining plan or mining
scheme, as the case may be, for such mining lease under the relevant law in force, multiplied by the
period of such mining lease.
Explanation.—For the purpose of this sub-section, the average royalty of the highest grade of minerals
based on the date available for past twelve months beginning from the date of commencement of the
Indian Stamp (Odisha Amendment) Act, 2013 shall be taken into consideration:
Provided that where an application for renewal of mining lease has been made to the State
Government prior to the expiry of the lease, but renewal of lease has not been granted by the State
Government or the mining lease is deemed to have been extended by a further period in accordance with
the provisions contained in the relevant law in force, till the State Government passes an order, prior to
the commencement of the Indian Stamp (Odisha Amendment) Act, 2013, the sum total of the quantity of
mineral permitted for extraction, year wise, in the approved mining plan or mining scheme, as the
13
case, may be, or the actual quantity raised, whichever is higher, shall be taken into consideration for
calculation of the stamp duty:
Provided further that in case the production level is enhanced on account of subsequent modification
or review of the mining plan, the stamp lease period and the lessee shall deposit the differential stamp
duty before such enhancement is carried out by him:
Provided also that in case a lessee is required to surrender the mining lease or, permanently prohibited
from undertaking the extraction of mineral by, or for reasons of any operation of law, court orders passed
or any order issued under any law for the time being in force and the reasons of such prohibition are not
in any manner attributable to such lessee or his agents, servants, employees or persons claiming through
or under such lessee, the lessee shall be entitled for refund of the stamp duty paid by him to the extent of
such balance period of lease outstanding:
Provided also that where the lessee is prohibited from undertaking the extraction of minerals for a
temporary period for the reasons mentioned in the third proviso and subject to the conditions specified
therein, the stamp duty chargeable shall be equivalent to the amount of the sum total of the dead rent that
would be payable for the mining lease under the relevant law in force, for the period of such prohibition.
(2) Where an application for renewal of a mining lease has been made to the State Government prior
to the expiry of the lease but renewal of the lease has not been granted by the State Government or the
mining lease is deemed to have been extended as per the provisions contained in the relevant law in force,
by a further period till the State Government passes an order thereon, the stamp duty payable under
sub-section (1) shall be paid by the applicant on or before the date of expiry of the lease or within sixty
days from the date of commencement of the Indian Stamp (Odisha Amendment ) Act, 2013, whichever is
later, the manner as may be prescribed.
(3) If the application for grant or renewal of mining lease is rejected by the State Government, the
applicant shall be entitled for refund of full stamp duty by him without any interest.
(4) In case of a mining lease whose period is deemed to have been extended by a further period till the
State Government passes an order thereon and the State Government, at a later date, passes an order
rejecting the renewal of the lease, the applicant shall be entitled for refund of such amount of stamp duty
paid under sub-section (1), as arrived at by deducting from the total amount of stamp duty paid, the
amount of stamp duty chargeable in respect of such mining lease till the date of such rejection order
without any interest.
(5) No refund as mentioned in sub-sections (3) and (4) shall be made if the order rejecting the
application is challenged or the time limit for presenting the application for revision of the order of
rejection is not expired”.
[Vide Odisha Act 16 of 2013, s. 2]
Meghalaya
Insertion of a new section in Central Act II of 1899.—After section 3 of the Indian Stamp Act,
1899, the following shall be inserted as section 3A, namely:--
“3A. Surcharge on Stamp Duty.—(1) There shall be charged, levied and paid to the
Government of Meghalaya, besides payable under any law for the time being in force including
14
section 3 of this Act, a surcharge, herein after referred to as Stamp Surcharge on the instruments
mention on the following items of Schedule I of the principal Act, namely:--
Item Nos. 1-10, 12,15-20, 22-26, 28, 29,31,38-46,48,50, 51, 54-61 and 63-65.
Provided that the surcharge shall not be payable in respect of instruments exempted by section 3.
(2) The rate of Stamp Surcharge shall be twenty, Five paisa per instrument.
(3) The Stamp Surcharge shall be payable as if it were a duty under section 3 and the provisions
of this Act including the rules thereunder shall according apply; and the authorities for the time
being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for
by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly
collect and enforce payment of stamp Surcharge.
Provide that the Government of Meghalaya may, for facilitating implementation, by
notification, direct that in any case or class the provisions of this act including the rules thereunder
shall apply subject to such indications not inconsistent with the provisions of this section and as
may be specified in such notification.
(4) Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may
make rule generally for securing the payment of the Stamp Surcharge and carrying into effect the
provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and
rendering or accounts of the Stamp Surcharge.”
[Vide Meghalaya Act 13 of 1972, s. 2]
Meghalaya
Insertion of a new section in Central Act II of 1899.—After section 3 of the Indian Stamp Act, 1899
the following shall be inserted as section 3A, namely:--
“3A. Surcharge on Stamp Duty.—(1) There shall be charged, levied and paid to the Government of
Meghalaya, besides payable under any law for the time being in force including section 3 of this Act,
a surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following
items of Schedule I to the principal Act, namely:-
Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31, 36, 38-46, 48, 50, 51, 54-61 and 63-65.
Provided that the surcharge shall not be payable in respect of instruments exempted by section 3.
(2) The rate of Stamp Surcharge shall be twenty. Five paise per instrument.
(3) The Stamp Surcharge shall by payable as if it were a duty under section 3 and the provisions
of this Act including the rules thereunder shall according apply; and the authorities for the time being
empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or
under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and
enforce payment of Stamp Surcharge.
Provided that the Government of Meghalaya may, for facilitating implementation, by notification,
direct that in any case or class the provisions of this Act including the rules thereunder shall apply
subject to such indications not inconsistent with the provisions of this section and as may be specified
in such notification.
(4) Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may
make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the
15
provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and
rendering or accounts of the Stamp Surcharge.”
[Vide Meghalaya Act 15 of 1973, s. 2]
Haryana
Omission of section 3B of Central Act 2 of 1899.—Section 3B of the Indian Stamp Act, 1899
(hereinafter referred to as the principal Act), shall be omitted and shall be deemed to have been omitted
with effect from the 1st day of April, 1973.
[Vide Haryana Act 37 of 1973, s. 2]
3A. [Instruments chargeable with additional duty.] Omitted by the Refugee Relief Taxes (Abolition)
Act, 1973 (13 of 1973), s. 2 (w.e.f. 1-4-1973).
Tripura
Substitution of section 3B.— For section 3B of the principal Act, as inserted by the Union
Territories Taxation Laws (Amendment) Act, 1971, the following shall be substituted, namely: —
“3B. Instrument Chargeable with additional duty.—(1) Every instrument chargeable with duty
under section 3, read with Schedule 1, not being an instrument mentioned articles Nos. 13, 14, 27, 37, 47,
49, 52, 53 or 62(a), shall, in addition to such duty, be chargeable with a duty of ten paise.
(2) The additional duty with which any instrument is chargeable under sub-section (1) shall be paid
and such payment shall be indicated on such instrument by means of adhesive stamp.”.
[Vide Tripura Act 5 of 1973, s. 3]
4. Several instruments used in single transaction of sale, mortgage or settlement.—(1) Where, in
the case of any sale, mortgage or settlement, several instruments are employed for completing the
transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for
the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty
of one rupee instead of the duty (if any) prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instrument so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined shall be the highest duty which
would be chargeable in respect of any of the said instruments employed.
1[(3) Notwithstanding anything contained in sub-sections (1) and (2), in the case of any issue, sale or
transfer of securities, the instrument on which stamp-duty is chargeable under section 9A shall be the
principal instrument for the purpose of this section and no stamp-duty shall be charged on any other
instruments relating to any such transaction.]
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 4.- In sub-section (1) of section 4 of the said Act-
(a) for the word and figure “Schedule I” the word, figure and letter “Schedule I-A” shall be
substituted, and
(b) for the words “one rupee”, the words “two rupees” shall be substituted.
[Vide Himachal Pradesh Act 4 of 1953, s. 4]
1. Ins. by Act 7 of 2019, s. 13 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
16
Orissa
Amendment of section 4. -in section 4 of the Indian Act, 1899 (2 of 1899) (hereinafter referred to as
the principal Act) in sub-section (1), for the words, “one rupee and eight annas” the words “ten rupees”
shall be substituted.
[Vide Orissa Act 1 of 2003, s. 2]
Manipur
Amendment of sections 4 and 6.-In sub-section (1) of section 4 and in the proviso to section 6 of the
Indian Stamp Act, 1899 s application to the State of Manipur hereinafter referred to as the Principal Act
the words “two rupees” wherever they occur, the words “two rupees and paise fifty” shall be substituted.
[Vide Manipur Act 4 of 1989, s. 2]
Uttar Pradesh
Amendment of section 4.—In section 4 of the principal Act, for the existing sub-section (1), the
following sub-section shall be substituted, namely :—
“(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for
completing the transaction, the principal instrument only shall be chargeable with the duty prescribed
in Schedule 1-B for the conveyance, mortgage or settlement, and each of the other instruments shall
be chargeable with a duty of five rupees instead of the duty (if any) prescribed for it in that
Schedule.”
[Vide Uttar Pradesh Act 20 of 1974, s. 3]
5. Instruments relating to several distinct matters.—Any instrument comprising or relating to
several distinct matters shall be chargeable with the aggregate amount of the duties with which separate
instruments, each comprising or relating to one of such matters, would be chargeable under this Act.
6. Instruments coming within several descriptions in Schedule I.—Subject to the provisions of the
last preceding section, an instrument so framed as to come within two or more of the descriptions in
Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the
highest of such duties:
Provided that nothing in this Act contained shall render chargeable with duty exceeding one rupee a
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 6.— In section 6 of the said Act- (1) After the word and figure “Schedule I”
the words, figure and letter “or Schedule I-A” shall be inserted.
(2) In the proviso, for the words “one rupee” the words “two rupees” shall be substituted and after the
words “has been paid” the following shall be added, namely;-
“unless it falls within the provisions of section 6-A”.
[Vide Himachal Pradesh Act 4 of 1953, s. 5]
Orissa
Amendment of section 6.—In the proviso the section 6 of the principal Act, for the words “one rupees
and eight annas”, the words “ten rupees” shall be substituted.
[Vide Orissa Act 1 of 2003, s. 3]
17
Himachal Pradesh
Addition of a new section 6-A.—After section 6 of the said Act, the following new section shall be
inserted: —
6-A. Payment of Himachal Pradesh stamp duty on copies, counter-parts or duplicates when that
duty has not been paid on the principal or original instrument.- (1) Notwithstanding anything contained
in sections 4 or 6 or in any other law, unless it is proved that the duty chargeable under the Indian Stamp
(Himachal Pradesh Amendment) Act, 1952 has been paid:-
(a) on the principal or original instrument as the case may be; or
(b) in accordance with the provisions of this section, the duty chargeable on an instrument of sale,
mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any
instrument shall, if the principal or original instrument would, when received in Himachal Pradesh, have
been chargeable, under the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, with a higher rate of
duty with which the principal or original instrument would have been chargeable under section 19-A.
(2) Notwithstanding anything contained in section 35 or in any other law, no instrument, counterpart,
duplicate or copy chargeable with duty under this section shall be received in evidence as properly
stamped unless the duty chargeable under this section has been paid thereon:
Provided that a court before which any such instrument, counterpart, duplicate or copy is produced,
shall permit the duty chargeable under this section, to be paid thereon and shall then receive it in
evidence.
[Vide Himachal Pradesh Act 4 of 1953, s. 6]
Uttar Pradesh
Amendment of section 6-A.— In section 6-A of the principal Act, after sub-section (1), the following
sub-section shall be inserted, namely :—
“ Where, any instrument is registered in any part of India other than Uttar Pradesh and instrument
relates, wholly or partly to any property situate in Uttar Pradesh, the copy of such instrument shall,
when received in Uttar Pradesh, be liable to be charged with the difference of stamp duty as or
original under section 19-A to the extent of and in proportion to the consideration or value of property
situated in Uttar Pradesh, and the party liable to pay stamp duty on the original instrument shall upon
receipt of notice from registering officer pay the difference in the duty within the time allowed.”
[Vide Uttar Pradesh Act 49 of 1975, s. 3]
7. Policies of sea-insurance.—1 * * * * *
(4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover
any time beyond thirty days after the ship shall have arrived at her destination and been there moored at
anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a
policy for time.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879.—(1)
Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local
Authorities Loan Act, 1879 (XI of 1879) or, of any other law for the time being in force, by the issue of
bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of 2[one per
centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds,
debentures or other securities need not be stamped and shall not be chargeable with any further duty on
renewal, consolidation, sub-division or otherwise.
1. Sub-sections (1), (2) and (3) rep. by Act 11 of 1963, s. 92 (w.e.f. 1-8-1963).
2. Subs. by Act 6 of 1910, s. 2, for “eight annas per centum”.
18
(2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from
being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or
other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or
other securities shall be valid, whether the same are stamped or not:
Provided that nothing herein contained shall exempt the local authority which has issued such bonds,
debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of
March, 1897, when such duty has not already been paid or remitted by order issued by the Central
Government.
(3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be
liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a
like penalty for every month after the first month during which the neglect continues.
1[8A. Securities dealt in depository not liable to stamp duty.—Notwithstanding anything contained
in this Act or any other law for the time being in force,—
(a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue,
be chargeable with duty on the total amount of securities issued by it and such securities need not be
stamped;
(b) the transfer of registered ownership of securities from a person to a depository or from a
depository to a beneficial owner shall not be liable to duty;
Explanation.—For the purposes of this section, the expression “beneficial ownership” shall have the
same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Depositories Act, 1996
(22 of 1996)]
2 [8B. Corporatisation and demutualisation schemes and related instruments not liable to
duty.—Notwithstanding anything contained in this Act or any other law for the time being in force,—
(a) a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the corporatisation or demutualisation, or both of a recognised stock exchange
pursuant to a scheme,
as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the
Securities Contracts (Regulation) Act, 1956(42 of 1956), shall not be liable to duty under this Act or any
other law for the time being in force.
Explanation. —For the purposes of this section,—
(a) the expressions “corporatisation”, “demutualisation” and “scheme” shall have the meanings
respectively assigned to them in clauses (aa), (ab) and (ga) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956);
(b) “Securities and Exchange Board of India” means the Securities and Exchange Board of India
established under section 3 of the Securities and Exchange Board of India Act, 1992(15 of 1992).]
3 [8C. Negotiable warehouse receipts not liable to stamp-duty.—Notwithstanding anything
contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.]
4 [8D. Agreement or document for assignment of receivables not liable to stamp-duty.—
Notwithstanding anything contained in this Act or any other law for the time being in force, any
agreement or other document for assignment of “receivables” as defined in clause (p) of section 2 of the
1. Subs. by Act 7 of 2019, s. 14, for section 8A (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Ins. by Act 18 of 2005, s.114 (w.e.f. 13-5-2005).
3. Ins. by Act 37 of 2007, s. 55 (w.e.f. 25-10-2010).
4. Ins. by Act 12 of 2012, s. 35 and the Schedule (w.e.f. 1-2-2012).
19
Factoring Regulation Act, 2011 in favour of any “factor” as defined in clause (i) of section 2 of the said
Act shall not be liable to duty under this Act or any other law for the time being in force.]
1[8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
shareholding of a bank to a holding company of bank not liable to duty. — Notwithstanding anything
contained in this Act or any other law for the time being in force, —
(a) conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of
shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the
Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in
force; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or
transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or
guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act
or any other law for the time being in force.
Explanation.—
(i) For the purposes of this section, the expression “bank” means—
(a) “a banking company” as defined in clause (c) of section 5 of the Banking Regulation Act,
1949(10 of 1949);
(b) “a corresponding new bank” as defined in clause (da) of section 5 of the Banking
Regulation Act, 1949 (10 of 1949);
(c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955
(23 of 1955);
(d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India
(Subsidiary Banks) Act, 1959 (38 of 1959);
(e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act,
1976 (21 of 1976);
(f) “a Co-operative Bank” as defined in clause (cci) of section 5 of the Banking Regulation
Act, 1949 (10 of 1949);
(g) “a multi-State co-operative bank” as defined in clause (cciiia) of section 5 of the Banking
Regulation Act, 1949(10 of 1949);
(ii) For the purposes of this section, the expression the “Reserve Bank of India” means the
Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of
1934).]
2[8F. Agreement or document for transfer or assignment of rights or interest in financial assets
not liable to stamp-duty.—Notwithstanding anything contained in this Act or any other law for the time
being in force, any agreement or other document for transfer or assignment of rights or interest in
financial assets of banks or financial institutions under section5 of the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002) in favour of any asset
1. Ins. by Act 4 of 2013, s. 17 and the Schedule (w.e.f. 17-1-2013).
2. Ins. by Act 44 of 2016, s. 43 and the First Schedule (w.e.f. 1-9-2016).
javascript:fnOpenLinkPopUp('846','26266');
20
reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be
liable to duty under this Act.]
1[8G. Strategic sale, disinvestment, etc., of immovable property by Government company not
liable to stamp duty.—Notwithstanding anything contained in this Act or any other law for the time
being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable
property from a Government company, its subsidiary, unit or joint venture,
(i) by way of strategic sale or disinvestment or demerger or any other scheme of arrangements or
through any law, to another Government company or to the Central Government or any State
Government or to the development financial institution established by any law made by Parliament;
or
(ii) which is to be wound up, closed, struck-off, liquidated or otherwise shut down, to another
Government company or to the Central Government or any State Government,
after approval of the Central Government or the State Government, as the case may be, shall not be liable
to duty under this Act.
Explanation.—For the purposes of this section, “Government company” shall have the same meaning
as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).]
9. Power to reduce, remit or compound duties. — 2[(1)] 3[The 4*** Government] may, by rule or
order published in the Official Gazette, —
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 5[the
territories under its administration], the duties with which any instruments or any particular class of
instruments, or any of the instruments belonging to such class, or any instruments when executed by
or in favour of any particular class of persons, or by or in favour of any members of such class, are
chargeable, and
(b) provide for the composition or consolidation of duties 6[of policies of insurance and] in the
case of issues by any incorporated company or other body corporate 7[or of transfers (where there is a
single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.
8[(2) In this section the expression “the Government” means, —
(a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of
lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and
in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in
the 9[Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of
sub-section (1)]; the Central Government;
(b) Save as aforesaid, the State Government.]
1. Ins. by Act 13 of 2021, s. 126 (w.e.f. 28-3-2021).
2. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
3. Subs. by the A.O. 1937, for “the G.G. in C”.
4. The word “collecting” omitted by the A.O. 1950.
5. Subs. by the A.O. 1937, for “British India”.
6. Ins. by Act 23 of 2004, s. 117.
7. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994).
8. Added by the A.O. 1950.
9. Subs by Act 21 of 2006 s. 69, for “Seventh Schedule to the Constitution” (w.e.f. 18-4-2006).
javascript:fnOpenLinkPopUp('846','26262');
21
STATE AMENDMENTS
Karnataka
Insertion of new section 9A.—The following section shall be inserted, namely:—
9A. Power of State Government to consolidate duties in respect of receipts.—Subject to such
conditions as may be specified, the State Government may, by order, provide for the consolidation of
duties in respect of any receipts or class of receipts given by any person or class of persons including
any Government.
[Vide Karnataka Act 29 of 1978, s. 2]
1[AA.— Of the liability of instruments of transaction in
stock exchanges and depositories to duty
9A. Instruments chargeable with duty for transactions in stock exchanges and
depositories.—(1) Notwithstanding anything contained in this Act,—
(a) when the sale of any securities, whether delivery based or otherwise, is made through a stock
exchange, the stamp-duty on each such sale in the clearance list shall be collected on behalf of the
State Government by the stock exchange or a clearing corporation authorised by it, from its buyer on
the market value of such securities at the time of settlement of transactions in securities of such buyer,
in such manner as the Central Government may, by rules, provide;
(b) when any transfer of securities for a consideration, whether delivery based or otherwise, is
made by a depository otherwise than on the basis of any transaction referred to in clause (a), the
stamp-duty on such transfer shall be collected on behalf of the State Government by the depository
from the transferor of such securities on the consideration amount specified therein, in such manner
as the Central Government may, by rules, provide;
(c) when pursuant to issue of securities, any creation or change in the records of a depository is
made, the stamp-duty on the allotment list shall be collected on behalf of the State Government by the
depository from the issuer of securities on the total market value of the securities as contained in such
list, in such manner as the Central Government may, by rules, provide.
(2) Notwithstanding anything contained in this Act, the instruments referred to in sub-section (1) shall
be chargeable with duty as provided therein at the rate specified in Schedule I and such instruments need
not be stamped.
2[Provided that no such duty shall be chargeable in respect of the instruments of transaction in stock
exchanges and depositories established in any International Financial Services Centre set up under
section 18 of the Special Economic Zones Act, 2005 (28 of 2005).]
1. Ins. by Act 7 of 2019, s. 15 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020.]
2. Ins. by Act 12 of 2020, s. 143 (w.e.f. 1-4-2020).
22
(3) From the date of commencement of this Part, no stamp-duty shall be charged or collected by the
State Government on any note or memorandum or any other document, electronic or otherwise,
associated with the transactions mentioned in sub-section (1).
(4) The stock exchange or a clearing corporation authorised by it or the depository, as the case may
be, shall, within three weeks of the end of each month and in accordance with the rules made in this
behalf by the Central Government, in consultation with the State Government, transfer the stamp-duty
collected under this section to the State Government where the residence of the buyer is located and in
case the buyer is located outside India, to the State Government having the registered office of the trading
member or broker of such buyer and in case where there is no such trading member of the buyer, to the
State Government having the registered office of the participant:
Provided that before such transfer, the stock exchange or the clearing corporation authorised by it or
the depository shall be entitled to deduct such percentage of stamp-duty towards facilitation charges as
may be specified in such rules.
Explanation.—The term “participant” shall have the same meaning as assigned to it in clause (g) of
section 2 of the Depositories Act, 1996 (22 of 1996).
(5) Every stock exchange or the clearing corporation authorised by it and depository shall submit to
the Government details of the transactions referred to in sub-section (1) in such manner as the Central
Government may, by rules, provide.
9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges
and depositories.—Notwithstanding anything contained in this Act,—
(a) when any issue of securities is made by an issuer otherwise than through a stock exchange or
depository, the stamp-duty on each such issue shall be payable by the issuer, at the place where its
registered office is located, on the total market value of the securities so issued at the rate specified in
Schedule I;
(b) when any sale or transfer or reissue of securities for consideration is made otherwise than
through a stock exchange or depository, the stamp-duty on each such sale or transfer or reissue shall
be payable by the seller or transferor or issuer, as the case may be, on the consideration amount
specified in such instrument at the rate specified in Schedule I.]
B.—Of Stamps and the mode of using them
10. Duties how to be paid.—(1) Except as otherwise expressly provided in this Act, all duties with
which any instruments are chargeable shall be paid, and such payment shall be indicated on such
instruments, by means of stamps —
(a) according to the provisions herein contained; or
(b) when no such provision is applicable thereto—as the 1[State Government] may be rule direct.
(2) The rules made under sub-section (1) may, among other matters, regulate,—
(a) in the case of each kind of instrument—the description of stamps which may be used;
1. Subs. by the A.O. 1950, for “collecting Government”.
23
(b) in the case of instruments stamped with impressed stamps—the number of stamps which may
be used;
(c) in the case of bills of exchange or promissory notes 1*** the size of the paper on which they
are written.
STATE AMENDMENTS
Assam
Insertion of section 10A.—The principal Act, after the existing section the following shall be
inserted as section 10A, namely:—
“10A. For shortage of stamps how duty to be paid—(1) Notwithstanding anything contained in
Section 10, where the State Government or the Collector, as the case may be, is satisfied that there is
shortage of stamps in the district or stamps of required denominations are not available, the State
Government or the Collector may permit payment of the duty to be paid in cash or by way of Demand
Draft or by Pay Order and authorize the Treasury Officer or Sub-Treasury Officer or Sub-Registrar or
any other authorised officer, as the case may be, on production of a challan evidencing payment of
duty in the Government Treasury or Sub-Treasury of a Demand Draft or by Pay Order drawn on a
branch of any Schedule bank, as the case may be, after due verification, to certify in such manner as
may be prescribed, by endorsement on the instrument of the amount of duty so paid in cash.
Explanation.—Government Treasury includes a Government Sub-Treasury and any other place
as the State Government may, by notification in the Assam Gazette, appoint in this behalf:
Provided that the State Government may, be order published in the Official Gazette, direct that
the power exercisable by it or by the Collector under this Section may be exercised by such other
officers as may be specified in the order.
(2) An endorsement made on any instrument under sub-section (1) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof
and such payment has been indicated on such instrument by means of stamps in accordance with the
requirements of section 10.
(3) Nothing in this section shall apply to,—
(i) the payment of stamp duty chargeable on the instruments specified in Entry 91 of List I of
the Seventh Schedule to the Constitution of India; and
(ii) the instruments presented after six months from the date of their execution or first
execution.”
[Vide Assam Act 22 of 2004, s. 2]
1. The words “written in any oriental language” omitted by Act 43 of 1955, s. 5 (w.e.f. 1-4-1956).
24
Meghalaya
Amendment of section 10 of Central act 2 of 1899.—In the Indian Stamp Act, 1899 after section 10
the following new section shall be inserted as section 10A, namely:--
"10A. Notwithstanding anything contained in section 10 where,
(a) (i) The State Government, in relation to any area in the State; or
(ii) the Deputy Commissioner, in relation to any area in District under his charge, is satisfied
that on account of temporary, shortage of stamps in any area, duty cannot be paid, and payment of
duty cannot be indicated on instruments, by means of Stamps, the State Government, or as the
case may be, the Deputy Commissioner may, by notification, in the Official Gazette, direct that in
such area and for such period as maybe specified in such notification, the duty may be paid in
cash in any Treasury or Sub-Treasury and shall on production of a challan evidencing payments
of stamp duty in the Government treasury certify endorsement on the instrument in respect of
which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the
amount of the duty so paid.
(b) An endorsement made on any instrument under clause (a) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement had been paid in respect of,
and such payment has been indicated on, such instrument by means of stamps, under section 10.”
[Vide Meghalaya Act 6 of 1973, s.2]
Uttar Pradesh
Amendment of section 10-A.— In section 10-A of the Principal Act, for sub-section (1) the following
sub-section shall be substituted namely :—
"(1) Notwithstanding anything contained in section 10—
(a) where the Collector is satisfied that there is temporary shortage of stamps in the district or that
stamps of required denominations are not available, he may permit duty to be paid in cash and
authorize the officer-in-charge of the treasury on production of a challan evidencing payment of duty
in the Government treasury or sub-treasury, to certify by endorsement on the instrument or
instruments the amount of duty so paid in cash ;
(b) where the State Government considers it expedient so to do, it may, in any district, permit
duty to be paid in cash and authorize any officer, to receive payment of duty in cash and to certify by
endorsement by means of a Franking machine on the instrument or instruments the amount of duty so
paid in cash.
[Vide Uttar Pradesh Act 11 of 1992, s. 3]
Uttar Pradesh
Insertion of new section 10-A.— After section 10 of the principal Act, the following section shall be
inserted, namely :—
“10-A. Payment of duty in cash.—(1) Notwithstanding anything contained in section 10, where
the Collector is satisfied that there is temporary shortage of stamps in the district or that stamps of
required denominations are not available, he may permit duty to be paid in cash and authorize the
officer-in-charge of the treasury on production of a challan evidencing payment of duty in the
25
Government treasury or sub-treasury, to certify by endorsement on the instruments or instruments the
amount of duty so paid in cash.
(2) An endorsement made on any instrument under sub-section (1) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof
and such payment has been indicated on such instrument by means of stamps in accordance with the
requirement of section 10.”
[Vide Uttar Pradesh Act 20 of 1974, s. 4]
Haryana
Amendment of section 10 of Central Act 2 of 1899.—To sub-section (1) of section 10 of the Indian
Stamp Act, 1899 the following proviso shall be added, namely: —
"Provided that whenever stamp paper of smaller value and denomination ranging from rupee one to
rupees ten is in short supply or is not available, the duty payable under this Act, on any instrument, shall
be paid in such manner as the State Government may by rules direct.",
[Vide Haryana Act 1 of 1987, s. 2]
Uttarakhand
Amendment of Section 10.—After section 10(A) the following section shall be inserted, namely:—
(10B) “various modes of payment of duty” Notwithstanding anything contained in section 10 &
10 (A) all duties with which any instruments are chargeable shall be paid,-
(1) by way of cash; or
(2) by demand draft; or
(3) by pay order; or
(4) by e-payment;
in Government Treasury or Sub-Treasury or General Stamp Office [or, as the case may be, Government
Receipt Accounting System (G.R.A.S) (Virtual Treasury)] and such payment shall be indicated by
endorsement on such instruments by an officer authorised by the State Government.
11. Use of adhesive stamps.—The following instruments may be stamped with adhesive stamps,
namely: —
(a) instruments chargeable 1[with a duty not exceeding ten naye paise], except parts of bills of
exchange payable otherwise than on demand and drawn in sets;
(b) bills of exchange, 2*** and promissory notes drawn or made out of 3[India];
(c) entry as an advocate, vakil or attorney on the roll of a High Court;
(d) notarial acts; and
1. Subs. by Act 19 of 1958, s. 2, for “with the duty of one anna or half an anna” (w.e.f. 1-10-1958).
2. The word “cheques” omitted by Act 5 of 1927, s. 5.
3. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
26
(e) transfers by endorsement of shares in any incorporated company or other body corporate.
STATE AMENDMENTS
Uttar Pradesh
Amendment of section 11.—In section 11 of the principal Act, in clause (c), after the words “State
Bar Council of Uttar Pradesh” the words “and certificates of enrolment issued to Revenue Agents or
Mukhtars” shall be inserted.
[Vide Uttar Pradesh Act 19 of 1982, s. 3]
Insertion of section 11-A.— After section 11 of the principal Act, the following section shall be
inserted, namely :—
“11-A. Payment of duty in cash on such memos.— (1) Notwithstanding anything contained in
section 11, the stamp duty due under Article 25-A of Schedule I-B on a counterpart or duplicate
(including counterfoil or carbon copy) of a bill or cash memo may be paid either by means of stamps
on the date of issue of such instruments, or in cash once in every quarter, for all such instruments
issued in the previous quarter, into the treasury or sub-treasury under such head as the State
Government may by general or special order direct.
(2) The treasury challan prepared for deposit of duty in cash shall be accompanied by such
statement and shall be preserved for the purpose of verification for such period and proper account
thereof shall be maintained in such form as the State Government may by general or special order
direct.”
[Vide Uttar Pradesh Act 49 of 1975, s. 4]
Amendment of section 11.—In section 11 of the principal Act, in clause (c), after the words “State
Bar Council of Uttar Pradesh” the words “and certificate of enrolment issued to Revenue Agents or
Mukhtars” shall be inserted.
[Vide Uttar Pradesh Act 19 of 1981, s. 3]
12. Cancellation of adhesive stamps.—(1) (a) Whoever affixes any adhesive stamp to any
instrument chargeable with duty which has been executed by any person shall, when affixing such stamp,
cancel the same so that it cannot be used again; and
(b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of
execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that
it cannot be used again.
(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used
again, shall, so far as such stamp is concerned, be deemed to be unstamped.
(3)The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or
across the stamp his name or initials or the name or initials of his firm with the true date of his so writing,
or in any other effectual manner.
13. Instruments stamped with impressed stamps how to be written.—Every instrument written
upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear
on the face of the instrument and cannot be used for or applied to any other instrument.
27
14. Only one instrument to be on same stamp.—No second instrument chargeable with duty shall
be written upon a piece of stamped paper upon which an instrument chargeable with duty has already
been written:
Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created or
evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of
which is secured thereby.
15. Instrument written contrary to section 13 or 14 deemed unstamped.—Every instrument
written in contravention of section 13 or section 14 shall be deemed to be unstamped.
16. Denoting duty.—Where the duty with which an instrument is chargeable, or its exemption from
duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of
such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on
production of both the instruments, be denoted upon such first-mentioned instrument by endorsement
under the hand of the Collector or in such other manner (if any) as the 1[State Government] may by rule
prescribe.
C.—Of the time of stamping instruments
17. Instruments executed in India.—All instruments chargeable with duty and executed by any
person in 2[India] shall be stamped before or at the time of execution.
STATE AMENDMENT
Assam
Amendment of section 17.—In the principal Act, in Section 17, after the existing provision, the
following proviso shall be inserted namely:—
“Provided that nothing in this Section shall apply to the instrument in respect of which stamp duty has
been paid under section 10-A.”
[Vide Assam Act 22 of 2004, s. 3]
18. Instruments other than bills and notes executed out of India.—(1) Every instrument
chargeable with duty executed only out of 2[India], and not being a bill of exchange 3*** or promissory
note, may be stamped within three months after it has been first received in 2[India].
(2) Where any such instrument cannot, with reference to the description of stamp prescribed
therefore, be duly stamped by a private person, it may be taken within the said period of three months to
the Collector, who shall stamp the same, in such manner as the 1[State Government] may by rule
prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.
19. Bills and notes drawn out of India.—The first holder in 2[India] of any bill of
exchange 4[payable otherwise than on demand], 3*** or promissory note drawn or made out of 2[India]
shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise
negotiates the same in 2[India], affix thereto the proper stamp and cancel the same:
Provided that,—
(a) if, at the time any such bill of exchange, 3*** or note comes into the hands of any holder
thereof in 2[India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by
section 12 and such holder has no reason to believe that such stamp was affixed or cancelled
otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to
such holder, be deemed to have been duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any penalty incurred by him
for omitting to affix or cancel a stamp.
1. Subs. by the A.O. 1950, for “collecting Government”.
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. The word “cheque” omitted by Act 5 of 1927, s. 5.
4. Ins. by Act 5 of 1927, s. 5.
28
STATE AMENDMENT
Himachal Pradesh
Addition of a new section 19-A.—After section 19 of the said Act the following new section shall be
inserted, namely:-
19-A. Payment of duty on certain instruments liable to increased duty in Himachal Pradesh
under clause (bb) of section 3.- Where any instrument has become chargeable in any part of India and
thereafter becomes chargeable with higher rate of duty in the Himachal Pradesh under clause (bb) of
the first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh Amendment)
Act, 1952.
(i) notwithstanding anything contained in the said proviso, the amount of duty chargeable on such
instrument shall be the amount chargeable on it under Schedule- I-A less the amount of duty, if any
already paid on it in India,
(ii) in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with
the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the
same manner and at the same time and by the same person as though such instrument were an
instrument received in India for the first time at the time when it became chargeable with the higher
duty.
[Vide Himachal Pradesh Act 4 of 1953, s. 7]
D.—Of valuations for Duty
20. Conversion of amount expressed in foreign currencies.—(1) Where an instrument is
chargeable with ad valorem duty in respect of any money expressed in any currency other than that
of 1[India] such duty shall be calculated on the value of such money in the currency of 1[India] according
to the current rate of exchange on the day of the date of the instrument.
(2) The Central Government may, from time to time, by notification in the Official Gazette, prescribe
a rate of exchange for the conversion of British or any foreign currency into the currency of 1[India] for
the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the
purposes of sub-section (1).
21. Stock and marketable securities how to be valued.—Where an instrument is chargeable with
ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be
calculated on 1[the market value of such stock or security.]
2[Provided that the market value for calculating the stamp-duty shall be, in the case of—
(i) options in any securities, the premium paid by the buyer;
(ii) repo on corporate bonds, interest paid by the borrower; and
(iii) swap, only the first leg of the cash flow.]
22. Effect of statement of rate of exchange or average price.—Where an instrument contains a
statement of current rate of exchange, or average price, as the case may require, and is stamped in
accordance with such statement, it shall, so far as regards the subject-matter of such statement, be
presumed, until the contrary is proved, to be duly stamped.
1. Subs. by Act 7 of 2019, s. 16, for “the value of such stock or security according to the average price or the value thereof on the
day of the date of the instrument.” (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020].
2. Ins. by s. 16, ibid. (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020].
29
23. Instruments reserving interest.—Where interest is expressly made payable by the terms of an
instrument, such instrument shall not be chargeable with duty higher than that with which it would have
been chargeable had no mention of interest been made therein.
1[23A. Certain instruments connected with mortgages of marketable securities to be chargeable
as agreements.—(1) Where an instrument (not being a promissory note or bill of exchange)—
(a) is given upon the occasion of the deposit of any marketable security by way of security for
money advanced or to be advanced by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer, intended as a security, of any
marketable security,
it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable
with duty under 2[Article No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable with the like duty. ]
STATE AMENDMENT
Himachal Pradesh
Amendment of section 23-A.— In sub-section (1) of section 23-A of the said Act, for the word and
figure ‘Schedule-I’ the word, figure and letter “Schedule I-A” shall be substituted.
[Vide Himachal Pradesh Act 4 of 1953, s. 8]
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged. —
Where any property is transferred to any person in consideration, wholly or in part, of any debt due to
him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether
being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be
deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is
chargeable with ad valorem duty:
Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in
Article No. 18 of Schedule I.
Explanation.—In the case of a sale of property subject to a mortgage or other incumbrance, any
unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be
deemed to be part of the consideration for the sale:
Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be
entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of
the mortgage.
Illustrations
(1) A owes B Rs. 1,000. A sells a property to B, the consideration being Rs. 500 and the release of the
previous debt of Rs. 1,000. Stamp-duty is payable on Rs. 1,500.
(2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid
interest Rs 200. Stamp-duty is payable on Rs. 1,700.
(3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house
from A. Stamp-duty is payable on Rs. 10,000 less the amount of stamp-duty already paid for the
mortgage.
1. Ins. by Act 15 of 1904, s. 3.
2. Subs. by Act 1 of 1912, s. 3, for “Article No. 5(b)”.
30
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 24.— In the proviso to section 24, of the said Act, for the full stop shall be
substituted a comma followed by the words “or Schedule I -A, as the case may be.
[Vide Himachal Pradesh Act 4 of 1953, s. 9]
Orissa
Amendment of section 24.— In Section 24 of the Indian Stamp Act, 1899 (2 of 1899) (herein after
referred to as the principal Act), for the words “in respect whereof the transfer is chargeable with ad
valorem duty” the words “and the transfer is chargeable with ad valorem duty in respect of the
consideration or the market value of the property so transferred, whichever is higher,” shall be substituted.
[Vide Orissa Act 7 of 1987, s. 2]
25. Valuation in case of annuity, etc.—Where an instrument is executed to secure the payment of an
annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or
other sum payable periodically, the amount secured by such instrument or the consideration for such
conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,—
(a) where the sum is payable for a definite period so that the total amount to be paid can be
previously ascertained—such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in
being at the date of such instrument or conveyance—the total amount which, according to the terms
of such instrument or conveyance, will or may be payable during the period of twenty years
calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of
such instrument or conveyance—the maximum amount which will or may be payable as aforesaid
during the period of twelve years calculated from the date on which the first payment becomes due.
26. Stamp where value of subject-matter is indeterminate.—Where the amount or value of the
subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an
instrument executed before the commencement of this Act) could not have been, ascertained at the date of
its execution or first execution, nothing shall be claimable under such instrument more than the highest
amount or value for which, if stated in an instrument of the same description, the stamp actually used
would, at the date of such execution, have been sufficient:
1[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is
received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of
such share, for the purpose of stamp-duty,—
(a) when the lease has been granted by or on behalf of 2[the Government], at such amount or
value as the Collector may, having regard to all the circumstances of the case, have estimated as
likely to be payable by way of royalty or share to 3[the Government] under the lease, or
(b) when the lease has been granted by any other person, at twenty thousand rupees a year,
and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:]
Provided also that where proceedings have been taken in respect of an instrument under
section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at
the date of execution.
1. Subs. by Act 15 of 1904, s. 4, for the proviso.
2. Subs. by the A.O. 1937, for “the secretary of State in Council”.
3. Subs., ibid., for “the said Secretary of State in Council”.
31
27. Facts affecting duty to be set forth in instrument.—The consideration (if any) and all other
facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty
with which it its chargeable, shall be fully and truly set forth therein.
STATE AMENDMENTS
Assam
Amendment of section 27.—In the principal Act, in section 27, for the words and brackets, “The
consideration (if any)”, the words “the market value of the property” shall be substituted.”
[Vide Assam Act 22 of 2004, s. 4]
Amendment of section 27.—In the principal Act, after section 27, the following new section shall be
inserted namely:—
“27A. Instrument of conveyance etc. under valued how to be dealt with.—(1) If the
Registering Officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while
registering any instrument of conveyance, exchange or gift has reason to believe that the market value
of the property as fixed by the Government/Collector of the district, which is subject matter of
conveyance, exchange or gift had not been truly set forth in the instrument, he may after registering
such instrument, refer the same to the Collector for determination of the market value of such proper
and the property duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be
prescribed by rules made under this Act, determine the market value of the property which is the
subject matter of conveyance, exchange or gift and the duty as aforesaid, and thereupon the
difference, if any, in the amount of duty, shall be payable by the persons liable to pay the duty.
(3) The Collector may, on his own motion or otherwise, within two years from the date of
registration of any instrument or conveyance, exchange or gift not already referred to him under sub-
section (1) call for and examine the instrument for the purpose of satisfying himself as to the
correctness of the market value of the property as set forth in such instrument, which is the subject
matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he
has reason to believe that the market value of such property has not been truly set forth in the
instrument, he may determine the market value of such property and the duty as aforesaid and
thereupon the difference, if any in the amount of duty, shall be payable by the person liable to pay the
duty:
Provided that nothing in this sub-section shall apply to instrument registered before the date of
commencement of the Indian Stamp (Assam Amendment) Act, 2004.
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3)
may prefer an appeal to the Civil Judge of appropriate jurisdiction and all such appeals shall be
preferred within such time and shall be heard and disposed of in such manner as may be prescribed.
Explanation—For the purpose of this Act, market value of any property shall be estimated to be
the price which in the opinion of the Collector or the Civil Judge Senior Division, as the case may be,
such property would have fetched or would fetch, if sold in the open market on the date of execution
of the instrument of conveyance, exchange or gift.
[Vide Assam Act 22 of 2004, s. 5]
32
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 27.—For the words and brackets “The consideration (if any)” occurring in
section 27 of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter called as the principal Act), the words
and signs “The consideration, if any, the market value of the property” shall be substituted.
[Vide Himachal Pradesh Act 7 of 1989, s. 2]
Orissa
Amendment of section 27.— In Section 27 of the principal Act, for the words and brackets
“the consideration if any”, the words and commas “the consideration, if any, the market value of the
property” shall be substituted.
[Vide Orissa Act 7 of 1987, s. 3]
28. Direction as to duty in case of certain conveyances.—(1) Where any property has been
contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate
parts by different instruments, the consideration shall be apportioned in such manner as the parties think
fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating
thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct
consideration.
(2) Where property contracted to be purchased for one consideration for the whole, by two or more
persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased, for distinct parts of the
consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of
the distinct part of the consideration therein specified.
(3) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the
property is in consequence conveyed by the original seller to different persons in parts, the conveyance of
each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the
consideration paid by such sub-purchaser, without regard to the amount or value of the original
consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall
be chargeable with ad valorem duty in respect only of the excess of the original consideration over the
aggregate of the considerations paid by the sub-purchasers:
Provided that the duty on such last-mentioned conveyance shall in no case be less than one rupee.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and
is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the
original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance
for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with
a duty of five rupees.
33
STATE AMENDMENT
Orissa
Amendment of section 28.— In Section 28 of the principal Act,—
(i) for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) where any property has been contracted to be sold for one consideration for the whole, and is
conveyed to the purchaser in separate parts by different instruments, the consideration shall be
apportioned in such manner as the parties think fit:
Provided that a distinct consideration for each separate part is set forth in the conveyance relating
thereto and such conveyance shall be chargeable with ad valorem duty in respect of such distinct
consideration:
Provided further that the market value of the separate part shall be set forth along with the
consideration for each part and the conveyance shall be chargeable with ad valorem.
[duty in respect of such distinct consideration or the market value, whichever is higher.”.
(ii) to sub-section (2) the following words and comma shall be added at the end, namely:—
“or the market value of each such separate part whichever is higher.”;
(iii) to sub-section (3) the following words and comma shall be added at the end, namely:—
“or the market value of the property, whichever is higher.”.
(iv) for sub-section (4), the following sub-section shall be substituted, namely:-
“(4) where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and
the property is in consequence conveyed by the original seller to different persons in part, the
conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect
of the consideration paid by such sub-purchaser or the market value of each part whichever is higher
without regard to the amount or value of the original consideration; and the conveyance of the residue,
if any , of such property to the original purchaser shall be chargeable with ad valorem duty in respect
only of the excess of the original consideration over the aggregate of the considerations paid by the
sub-purchasers or the market value of the residue of such property whichever is higher:
Provided that the duty on such last mentioned conveyance shall in no case be less than one rupee.”.
(v) for sub-section (5), the following sub-section shall be substituted, namely:—
“(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of consideration paid by him or the
market value of the property whichever is higher and is duly stamped accordingly, any conveyance to be
afterwards made to him of the same property by the original seller shall be chargeable with a duty equal
to that which would be chargeable on a conveyance for the consideration obtained by such original
seller or the market value of such property whichever is higher, or, where such duty would exceed five
rupees with a duty of five rupees”,]
[Vide Orissa Act 7 of 1987, s. 4]
E.—Duty by whom payable
29. Duties by whom payable.—In the absence of an agreement to the contrary, the expense of
providing the proper stamp shall be borne —
(a) in the case of any instrument described in any of the following Articles of Schedule I, namely:—
No. 2. (Administration Bond),
34
1[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]
No. 13 (Bill of exchange),
No. 15 (Bond),
No. 16 (Bottomry Bond),
No. 26 (Customs Bond),
2* * * * *
No. 32 (Further charge),
No. 34 (Indemnity-Bond),
No. 40 (Mortgage-deed),
No. 49 (Promissory-note),
No. 55 (Release),
No. 56 (Respondentia Bond),
No. 57 (Security-bond or Mortgage-deed),
No. 58 (Settlement),
3* * * * *
4* * * * *
No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),—
by the person drawing, making or executing such instrument:
5[(b) in the case of a policy of insurance other than fire-insurance—by the person effecting the
insurance;
(bb) in the case of a policy of fire-insurance— by the person issuing the policy;]
(c) in the case of a conveyance (including re-conveyance of mortgaged property) by the grantee: in
the case of a lease or agreement to lease—by the lessee or intended lessee:
(d) in the case of a counterpart of a lease—by the lessor;
(e) in the case of an instrument of exchange 6[including swap]—by the parties in equal shares,
(f) in the case of a certificate of sale—by the purchaser of the property to which such certificate
relates; 7***
(g) in the case of an instrument of partition—by the parties thereto in proportion to their respective
shares in the whole property partitioned or, when the partition is made in execution of an order passed by
a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator
directs.
8[(h) in the case of sale of security through stock exchange, by the buyer of such security;
1. Subs. by Act 15 of 1904, s. 5, for “No. 6 (Agreement to Mortgage)”.
2. The words, figures and brackets “No. 27 (Debenture)” omitted by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-
1-2020 followed by 1-4-2020]
3. The words, figures, brackets and letter “No. 62 (a) (Transfer of shares in an incorporated Company or other body corporate)”
omitted by s. 17, ibid. (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
4. The words, figures, brackets and letter “No. 62 (b). (Transfer of debentures, being marketable securities, whether the debenture
is liable to duty or not, except debentures provided for by section 8),” omitted by s. 17, ibid. (w.e.f. 1-7-2020). [Earlier notified
w.e.f. 9-1-2020 followed by 1-4-2020]
5. Subs. by Act 5 of 1906, s. 4, for clause (b).
6. Ins. by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
7. The “and” omitted by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
8. Ins. by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
35
(i) in the case of sale of security otherwise than through a stock exchange, by the seller of such
security;
(j) in the case of transfer of security through a depository, by the transferor of such security;
(k) in the case of transfer of security otherwise than through a stock exchange or depository, by the
transferor of such security;
(l) in the case of issue of security, whether through a stock exchange or a depository or otherwise, by
the issuer of such security; and
(m) in the case of any other instrument not specified herein, by the person making, drawing or
executing such instrument.]
STATE AMENDMENTS
Uttar Pradesh
Amendment of section 29.— In section 29 of the principal Act,—
(a) in clause (a), after the words and figures, "No. 40 (Mortgage deed)," the words and figure,
"No. 43 (Note or Memorandum)" shall be inserted ;
(b) after the clause (f) the following clause shall be inserted, namely:—
“(ff) in the case of an Instrument of Gift, by the donee"
[Vide Uttar Pradesh Act 38 of 2001, s. 3]
Uttarakhand
Amendment of Section 29.—In section 29 of the Principal Act,-
(a) In clause (a), after the words (and figures, “No. 40 (Mortgage deed)),” the words (and figures “No. 43
(Note or memorandum)),” shall be inserted;
(b) after clause (f), the following clause shall be inserted, namely,-
“(f-f) in the case of an Instrument of Gift by the donee;”
[Vide Uttarakhand Act 1 of 2016, s. 4]
30. Obligation to give receipt in certain cases.—Any person receiving any money exceeding twenty
rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees,
or receiving in satisfaction or part satisfaction of a debt any movable property exceeding twenty rupees in
value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a
duly stamped receipt for the same.
1[Any person receiving or taking credit for any premium or consideration for any renewal of any contract
of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration,
give a duly stamped receipt for the same.]
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.—(1) When any instrument, whether executed or not and whether
previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of
that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding
five rupees and not less than 2[fifty naye paise]) as the Collector may in each case direct, the Collector shall
determine the duty (if any) with which, in his judgment, the instrument is chargeable.
1. Added by Act 5 of 1906, s. 5.
2. Subs. by Act 19 of 1958, s. 3, for “eight annas” (w.e.f. 1-10-1958).
36
(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also
with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances
affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable,
are fully and truly set forth therein, and may refuse to proceed upon any such application until such
abstract and evidence have been furnished accordingly:
Provided that—
(a) no evidence furnished in pursuance of this section shall be used against any person in any
civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is
chargeable; and
(b) every person by whom any such evidence is furnished, shall, on payment of the full duty with
which the instrument to which it relates, is chargeable, be relieved from any penalty which he may
have incurred under this Act by reason of the omission to state truly in such instrument any of the
facts or circumstances aforesaid.
STATE AMENDMENTS
Orissa
Amendment of Section 31.—In section 31 of the principal Act, in sub-section (1), for the words “not
exceeding five rupees” and “not less than fifty naye paise”, the words “not exceeding twenty rupees” and
“not less than five rupees”, shall respectively be substituted
[Vide Orissa Act 1 of 2003, s. 4]
Uttarakhand
Amendment of section 31.—In section 31 if the Principal Act:—
In sub-section (1), for the words, "Pays a fee of such amount not exceeding five rupees and not less
than fifty paisa as the collector may in Each case direct," the words, "Pays a fee such amount as may be
fixed by State Government By notification in the Official Gazette", shall be substituted.
[Vide Uttarakhand Act 1 of 2016, s. 5]
Uttar Pradesh
Amendment of section 31.— In section 31 of the principal Act, in sub-section (1), for the words,
"such amount not exceeding five rupees and not less than fifty paise as the collector may in each case
direct", the words, "such amount as may be fixed by the State Government by notification in the Official
Gazette", shall be substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 4]
32. Certificate by Collector.—(1) When an instrument brought to the Collector under section 31 is,
in his opinion, one of a description chargeable with duty, and
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already
paid in respect of the instrument, is equal to the duty so determined, has been paid,
the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with
which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in
manner aforesaid that such instrument is not so chargeable.
37
(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to
be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be
receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly
stamped:
Provided that nothing in this section shall authorize the Collector to endorse—
(a) any instrument executed or first executed in 1[India] and brought to him after the expiration of
one month from the date of its execution or first execution, as the case may be;
(b) any instrument executed or first executed out of 1[India] and brought to him after the
expiration of three months after it has been first received in 1[India]; or
(c) any instrument chargeable 2[with a duty not exceeding ten naye paise], or any bill of exchange
or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly
stamped.
STATE AMENDMENTS
Himachal Pradesh
Amendment of section 32.— In section 32 of the said Act,—
(1) in clause (a) of the proviso, after the words “any instrument” the words “other than an instrument
chargeable with a duty under clause (bb) of the first proviso to section 3 as amended by the Indian Stamp
(Himachal Pradesh Amendment) Act, 1952” shall be inserted.
(2) the word “or” at the end of clause (b) of the proviso shall be omitted,
(3) after clause (c) of the proviso the word “or” shall be inserted, and the following new clause shall be
added:-
(d) any instrument chargeable with duty under clause (bb) of the first proviso to section 3 as
amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, and brought to him after the
expiration of three months from the date on which it is first received in Himachal Pradesh.
[Vide Himachal Pradesh Act 4 of 1953, s. 10]
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.—(1) Every person having by law or consent of
parties authority to receive evidence, and every person in charge of a public office, except an officer of
police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the
performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound
the same.
(2) For that purpose every such person shall examine every instrument so chargeable and so produced
or coming before him, in order to ascertain whether it is stamped with a stamp of the value and
description required by the law in force in 1[India] when such instrument was executed or first executed:
Provided that—
(a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal
Court to examine or impound, if he does not think fit so to do, any instrument coming before him in
the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure, 1898 (V of 1898);
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Subs. by Act 19 of 1958, s. 4, for “with the Duty of one anna or half an anna” (w.e.f. 1-10-1958).
38
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument
under this section may be delegated to such officer as the Court appoints in this behalf.
(3) For the purposes of this section, in cases of doubt, —
(a) 1[the 2[State Government]] may determine what offices shall be deemed to be public offices;
and
(b) 3[the 2[State Government]] may determine who shall be deemed to be persons in charge of
public offices.
STATE AMENDMENTS
Orissa
Amendment of Section 33.—In section 33 of the principal Act after sub-section (1), the
following sub-sections shall be inserted, namely:—
“(1-a) If it appears to such person from the copy of an instrument produced or coming in
performance of his functions, within three years from the date of registration of the instrument, that
such instrument is not duly stamped, he shall call for the original instrument and if he is satisfied on
production of the instrument that it has not been duly stamped, impound the same and the deficient
amount of duty shall be payable by the person liable to pay the duty.
(1-b) Where the original instrument is not produced such person shall refer the copy of the
instrument to the Collector for determination of the market value of the property and the duty payable
thereon and the Collector may determine the market value of the property and the duty as aforesaid in
accordance with the procedure provided for in sub-section (2) of section 47-A.”.
[Vide Orissa Act 7 of 1987, s. 5]
Uttar Pradesh
Amendment of section 33 of Act no. 11 of 1899.—In section 33 of the Indian Stamp Act, 1899, as
amended in its application to Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act, --
(i) in sub-section (2), in the proviso, in clause (a), for the words and figures
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898”, the words and figures
“sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973” shall be
substituted.
(ii) after sub-section (2), for the existing sub-sections, the following sub-sections shall be
substituted, namely:--
“(3) For the purpose of this section the State Government may in cases of doubt, determine
what offices shall be deemed to be public offices and who shall be deemed to be persons in
charge of public offices.
(4) Where deficiency in stamp duty paid is noticed from the any court or from the
Commissioner of Stamps or an, Additional Commissioner of Stamp or a Deputy Commissioner
of Stamps or an Assistant Commissioner of Stamps or any officer authorized by the Board of
Revenue in that behalf, call for the original instrument so purpose, and the instrument so
produced before the Collector shall be deemed to have been produced or come before him in the
performance of his functions.
1. Subs. by the A.O. 1937, for “the G.G. in C.”.
2. Subs. by the A.O. 1950, for “collecting Government”.
3. Subs. by the A.O. 1937, for “the L.G.”.
39
(5) In case the instrument is not produced within the period specified by the Collector, he
may require payment of deficit stamp duty, if any, together with penalty under section 40 on the
copy of the instrument:
Provided that no action under sub-section (4) or sub-section (5) shall be taken after a period
of four years from the date of execution of the instrument.”
[Vide Uttar Pradesh Act 6 of 1980, s. 6]
Amendment of section 33 of Act no. 11 of 1899.—In section 33 of the Indian Stamp Act, 1899
hereinafter referred to as the Principal Act, in sub-section (5), after the existing proviso the following
Proviso shall be inserted. namely :—
“Provided further that with the prior permission of the State Government an action under sub-
section (4) or sub-section (5) may be taken after a period of four years but before a period of eight
years from the date of execution of the instrument.”
[Vide Uttar Pradesh Act 22 of 1998, s. 2]
Amendment of section 33.—In section 33 of the principal Act, after sub-section (2), the following
sub-sections shall be inserted, namely :—
(3) Where deficiency in stamp duty paid is noticed from the copy of any instruments, the Collector
may suo motu or on a reference from any court or from the Chief Inspector of Stamps, Uttar Pradesh or
any Officer of the Stamp Department, Board of Revenue, call for the original instrument for the purpose
of satisfying himself as to the adequacy of the duty paid thereon and the instrument so produced before
the Collector shall be deemed to have been produced or come in the performance of his functions.
(4) In case the instrument is not produced within the period specified by tile Collector, he may require
payment of deficit stamp duty, if any, together with penalty under section 40 on the copy of the
instrument ;
Provided that no action under sub-section (3) or sub-section (4) shall be taken after a period of four
years from the date of execution of the instrument"
[Vide Uttar Pradesh Act 49 of 1975, s. 5]
34. Special provision as to unstamped receipts.—Where any receipt chargeable 1[with a duty not
exceeding ten nayepaise] is tendered to or produced before any officer unstamped in the course of the
audit of any public account, such officer may in his discretion, instead of impounding the instrument,
require a duly stamped receipt to be substituted therefore.
35. Instruments not duly stamped inadmissible in evidence, etc.—No instrument chargeable with
duty shall be admitted in evidence for any purpose by any person having by law or consent of parties
authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by
any public officer, unless such instrument is duly stamped:
Provided that—
(a) any such instrument 2[shall] be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to
make up such duty, together with a penalty of five rupees, or, when ten times the amount of the
proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or
portion;
1. Subs. by Act 19 of 1958, s. 5, for “with a duty of one anna” (w.e.f. 1-10-1958).
2. Subs. by Act 21 of 2006, s. 69, for “not being an instrument chargeable with a duty not exceeding ten nayepaise only, or a bill
of exchange or promissory note, shall, subject to all just exceptions,”
40
(b) where any person from whom a stamped receipt could have been demanded, has given an
unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then
such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the
person tendering it;
(c) where a contract or agreement of any kind is effected by correspondence consisting of two or
more letters and any one of the letters bears the proper stamp, the contract or agreement shall be
deemed to be duly stamped;
(d) nothing herein contained shall prevent the admission of any instrument in evidence in any
proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure 1898 (V of 1898);
(e) nothing herein contained shall prevent the admission of any instrument in any Court when
such instrument has been executed by or on behalf of the Government, or where it bears the
certificate of the Collector as provided by section 32 or any other provision of this Act.
STATE AMENDMENTS
Uttar Pradesh
Amendment of section 35.—In section 35 of the principal Act, in the proviso in clause (d), for the
words and figures “Chapter XII or Chapter XXXVI of the Code of criminal Procedure, 1898”, the words
and figures “sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973” shall
be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 7]
Amendment of section 35.— In section 35 of the principal Act, in clause (a) of the proviso for the
words "five rupees. or, when ten times the amount of the proper duty of deficient portion thereof exceeds
five rupees, of a sum equal to ten times such duty or portion:" the following words shall be substituted,
namely :—
"a sum equal to ten times the amount of the proper duty or deficient portion thereof ;
[Vide Uttar Pradesh Act 22 of 1998, s. 3]
36. Admission of instrument where not to be questioned.—Where an instrument has been admitted
in evidence, such admission shall not, except as provided in section 61, be called in question at any stage
of the same suit or proceeding on the ground that the instrument has not been duly stamped.
37. Admission of improperly stamped instruments.—1[The 2[State Government]] may make rules
providing that, where an instrument bears a stamp of sufficient amount but of improper description, it
may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any
instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
38. Instruments impounded, how dealt with.—(1) When the person impounding an instrument
under section 33 has by law or consent of parties authority to receive evidence and admits such
instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by
section 37, he shall send to the Collector an authenticated copy of such instrument, together with a
certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such
amount to the Collector, or to such person as he may appoint in this behalf.
(2) In every other case, the person so impounding an instrument shall send it in original to the
Collector.
1. Subs. by the A.O. 1937, for “the G.G. in C.”.
2. Subs. by the A. O. 1950, for “collecting Government”.
41
39. Collector’s power to refund penalty paid under section 38, sub-section (1).—(1) When a copy
of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit, 1***
refund any portion of the penalty in excess of five rupees which has been paid in respect of such
instrument.
(2) When such instrument has been impounded only because it has been written in contravention of
section 13 or section 14, the Collector may refund the whole penalty so paid.
STATE AMENDMENT
Uttar Pradesh
Omission of section 39.— Section 39 of the principal Act shall be omitted.
[Vide Uttar Pradesh Act 22 of 1998, s. 4]
40. Collectors power to stamp instruments impounded.—(1) When the Collector impounds any
instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not
being an instrument chargeable 2[with a duty not exceeding ten naye paise] only or a bill of exchange or
promissory note, he shall adopt the following procedure:—
(a) if he is of opinion that such instrument is duly stamped, or is not chargeable with duty, he
shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case
may be;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he
shall require the payment of the proper duty or the amount required to make up the same, together
with a penalty of five rupees; or, if he thinks fit, 3[an amount not exceeding] ten times the amount of
the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided that, when such instrument has been impounded only because it has been written in
contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty
prescribed by this section.
(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be
conclusive evidence of the matters stated therein.
(3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector
shall, when he has dealt with it as provided by this section, return it to the impounding officer.
STATE AMENDMENTS
Uttarakhand
Amendment of section 40.—In section 40 of the Principal Act :—
after sub-section (1), the following sub-sections shall be inserted, namely:-
“(1-A) The Collector shall also require, alongwith the amount of deficit Stamp Duty of penalty
required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of one
and half percent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment;
1. The words “upon application made to him in this behalf or, if no application is made, with the consent of the chief Controlling
Revenue-authority” omitted by Act 4 of 1914, s. 2 and the Schedule Pt I.
2. Subs. by Act 19 of 1958, s. 6, for “with a duty of one anna or half an anna” (w.e.f. 1-10-1958).
3. Ins. by Act 15 of 1904, s. 6.
42
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section (1-A) shall be added to the amount due and
be also deemed for all purposes to part of the amount required to be paid.
(1-C) Where realization of the deficit stamp duty reminded stayed by any order of any court or
authority and such order of stay is subsequently vaated, the interest referred to in sub-section (1-A) shall
be payable also for any period during which such order of stay remain in operation.
(1-D) Any amount paid or deposited by, or removed, or refundable to a person under the provisions of
this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the
excess, if any, shall then be adjusted towards the interest, in any, due from him."
[Vide Uttarakhand Act 1 of 2016, s. 6]
Uttar Pradesh
Amendment-of section 40.— In section 40 of the principal Act in sub-section (1), —
(a) for clause (b) the following clause shall be substituted, namely :—
"(b) if he is of opinion that such instrument is chargeable with duty and is not duty stamped, he
shall require the payment of the proper duty or the amount required to make up the deficiency
together with a penalty of an amount not exceeding ten times the amount of the proper duty or of the
deficient portion thereof ; "
(b) after the existing proviso the following proviso shall be inserted, namely :--
"Provided further that no penalty shall be levied unless the party concerned has been given a
reasonable opportunity of being heard."
[Vide Uttarakhand Act 22 of 1998, s. 5]
Amendment of section 40.— in section 40 of the principal Act, after sub-section (1), the following
subsections shall be inserted, namely:—
"(1-A) The Collector shall also require, along with the amount of deficit stamp duty or penalty
required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of
one and half per cent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment:
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section ( I-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
(1 -C) Where realization of the deficit stamp duty remained stayed by any order of any Court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A)
shall be payable also for any period, during which such order of stay remained in operation.
(1-D) Any amount paid or deposited by, or recovered from, or refundable to a person under the
provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess, if any, shall then be adjusted towards the interest, if any, due from him."
[Vide Uttar Pradesh Act 38 of 2001, s. 5]
41. Instruments unduly stamped by accident.— If any instrument chargeable with duty and not
duly stamped, not being an instrument chargeable 1[with a duty not exceeding ten nayepaise] only or a bill
of exchange or promissory note, is produced by any person of his own motion before the Collector within
43
one year from the date of its execution or first execution, and such person brings to the notice of the
Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount
of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the
omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he
may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein-
after prescribed.
42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41.—(1)
When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35,
section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case
may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty
and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence
of the person paying them.
(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered
and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application
in this behalf to the person from whose possession it came into the hands of the officer impounding it, or
as such person may direct:
Provided that—
(a) no instrument which has been admitted in evidence upon payment of duty and a penalty under
section 35, shall be so delivered before the expiration of one month from the date of such
impounding, or if the Collector has certified that its further detention is necessary and has not
cancelled such certificate;
(b) nothing in this section shall affect the1 Code of Civil Procedure (XIV of 1882), section 144,
clause 3.
STATE AMENDMENTS
Uttarakhand
Amendment of section 42.—In section 42 of the Principal Act, —
(a) in the heading, of the words and figures “Sections 35, 40 or 41”, the words and figures,
“sections 35, 40, 41 or 47-A" shall be substituted.
(b) in sub-section (1), for the words and figures “section 40 or section 41”, the words and figures,
“section 40, section 41 or section 47-A” shall be substituted.
[Vide Uttarakhand Act 1 of 2016, s. 7]
Uttar Pradesh
Amendment of section 42.—In section 42 of the principal Act,—
(a) in the heading for the words and figures “sections 35, 40 or 41”, the words and figures,
“sections 35, 40, 41 or 47-A” shall be substituted.
(b) in sub-section (1) for the words and figures "section. 40 or section 41," the words and figures,
"section 40, section 41 or section 47-A" shall substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 5]
43. Prosecution for offence against Stamp-law.—The taking of proceedings or the payment of a
penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who
appears to have committed an offence against the Stamp-law in respect of such instrument:
1. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order XIII, Rule 9.
44
Provided that no such prosecution shall be instituted in the case of any instrument in respect of which
such a penalty has been paid, unless it appears to the Collector that the offence was committed with an
intention of evading payment of the proper duty.
44. Persons paying duty or penalty may recover same in certain cases.—(1) When any duty or
penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of
an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at
the time such instrument was executed, some other person was bound to bear the expense of providing the
proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other
person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery, any certificate granted in respect of such instrument under this
Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or
proceeding to which such persons are parties and in which such instrument has been tendered in evidence.
If the Court does not include the amount in such order, no further proceedings for the recovery of the
amount shall be maintainable.
45. Power to Revenue-authority to refund penalty or excess duty in certain cases.—(1) Where
any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon
application in writing made within one year from the date of the payment, refund such penalty wholly or
in part.
(2) Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that
which is legally chargeable has been charged and paid under section 35 or section 40, such authority may,
upon application in writing made within three months of the order charging the same, refund the excess.
46. Non-liability for loss of instruments sent under section 38.—(1) If any instrument sent to the
Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person
sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the
hands of the person impounding the same, may require a copy thereof to be made at the expense of such
first-mentioned person and authenticated by the person impounding such instrument.
47. Power of payer to stamp bills, and promissory notes received by him unstamped.—When
any bill of exchange 1[or promissory note] chargeable 2[with a duty not exceeding ten nayepaise] is
presented for payment unstamped, the person to whom it is so presented, may affix thereto the necessary
adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum
payable upon such bill 3[or note], and may charge the duty against the person who ought to have paid the
same, or deduct it from the sum payable as aforesaid, and such bill 3[or note], shall, so far as respects the
duty, be deemed good and valid:
Provided that nothing herein contained shall relieve any person from any penalty or proceeding to
which he may be liable in relation to such bill, 3[or note].
STATE AMENDMENTS
Himachal Pradesh
Insertion of section 47-A. —After section 47 of the principal Act, the following new section shall be
added, namely:-
47-A. Instruments under-valued, how to be dealt with.-(1) If the Registering Officer, appointed
under the Registration Act, 1908 (16 of 1908) while registering any instrument relating to the transfer of
any property, has reason to believe that the market value of the property or the consideration, as the case
1. Subs. by Act 5 of 1927, s. 5, for “promissory note or cheque”.
2. Subs. by Act 19 of 1958, s. 7, for “with the duty of one anna” (w.e.f. 1-10-1958).
3. Subs. by Act 5 of 1927, s. 5, for “note or cheque”.
45
may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the
same to the Collector for determination of the market value or consideration, as the case may be, and the
proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner, as may be prescribed
by rules, made under this Act, determine the market value or consideration and the duty, as aforesaid, and
the deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may, suo moto or on receipt of reference from the Inspector General of Registration
or the Registrar of a District, in whose jurisdiction the property, or any portion thereof, which is the
subject-matter of the instrument, is situated, appointed under the Registration Act, 1908 (16 of 1908)
shall, within three years from the date of registration of any instrument, not already referred to him under
sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the
correctness of its market value or consideration, as the case may be, and the duty payable thereon and if,
after such examination, he has reason to believe that the market value or consideration has not been truely
set forth in the instrument, he may determine the market value or consideration and the duty, as aforesaid,
in accordance with procedure provided for in sub-section (2), and the deficient amount of duty, if any,
shall be payable by the person liable to pay the duty:
Provided that nothing in this sub-section shall apply to any instrument registered before the date of the
commencement of the Indian Stamp (Himachal Pradesh Amendment) Act, 1988.
(4) Where for any reason the original document called for by the Collector under sub-section (3) is not
produced or cannot be produced, the Collector may, after recording the reasons for its nonproduction, call
for a certified copy of the entries of the document from the registering officer concerned and exercise the
powers conferred on him under sub-section (3).
(5) Any person, aggrieved by an order of the Collector, under subsection (2) or sub-section (3), may,
within thirty days from the date of the order, prefer an appeal before the District Judge and all such
appeals shall be heard and disposed off in such manner as may be prescribed by rules made under this
Act.
(6) For the purpose of this section “market value” of any property shall be estimated to be the price
which, in the opinion of the Collector or the appellate authority, as the case may be, such property would
have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer
of such property.
[Vide Himachal Pradesh Act 7 of 1989, s. 3]
Orissa
Amendment of section 47-A, (Act 2 of 1899). —In section 47-A of the Indian Stamp Act, 1899
(Act 2 of 1899)—
(a) after sub-section (2), the following new sub-section shall be inserted, namely:—
“(2-a) The Collector may sou motu, within two years from the date of registration of any
instrument not already referred to him under sub-section (1), call for purpose of satisfying himself as
to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if
after such examination, he has reasons to believe that the value or consideration has not been truly set
forth in the instrument, he may determine the value or consideration and the duty as aforesaid in
accordance with the procedure provided for in sub-section (2); and the deficient amount of duty, if
any, shall be payable by the person liable to pay the duty.”;
(b) in sub-section (3), after the word, brackets and figure “sub-section (2)” the words, brackets,
figure and letter “or sub-section (2-a)” shall be inserted.
[Vide Orissa Act 11 of 1965, s. 2]
46
Orissa
Amendment of section 47-A.—In section 47-A of the principal Act, in sub-section (2-a), for the
words “two years”, the words “three years” shall be substituted.
[Vide Orissa Act 1 of 2003, s. 5]
Orissa
(a) Amendment of section 47-A.—for sub-section (1) the following sub-section shall be
substituted, namely:—
(1) where the registering officer under the Registration Act, 1908, (16 of 1908) while registering
any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the
market value of the property which is the subject matter of such instrument has not been rightly set
forth in the instrument or is less than the minimum value determined in accordance with the rules
made under this Act, he shall, before registering such instrument, refer the matter to the Collector,
with an intimation in writing to the person concerned, for determination of the market value of such
property and the proper duty payable thereon.; and
(b) in sub-section (2-a) for the words “truly set forth in the instrument”, the words “rightly set
forth in the instrument or is less than the minimum value determined in accordance with the rules
made under this Act” shall be substituted.
[Vide Orissa Act 8 of 2009, s. 2]
Orissa
Insertion of new section 47-A, Act 2 of 1899. —After section 47 of the Indian Stamp Act, 1899 (2 of
1899) (hereinafter referred to as the Principal Act), the following new section shall be inserted, namely:—
47-A. Instruments under-valued how to be dealt with.— (1) If the registering officer appointed
under the Indian Registration Act, 1908, while registering any instrument transferring any property, has
reasons to believe that the value of the property or the consideration, as the case may be, has not been
truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector
for determination of the value or consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed
by rules made under this Act, determine the value or consideration and the duty as aforesaid and the
deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) Any person aggrieved by an order of the Collector under sub-section (2) may, within thirty days
from the date of the order, prefer an appeal before the District judge and all such appeals shall be heard
and disposed of in such manner as may be prescribed by rules made under this Act.
[Vide Orissa Act 35 of 1962, s. 2]
Orissa
Amendment of Section 47-A.— In section 47-A of the Principal Act, for sub-sections (1), (2) and
(2-a), the following sub-sections shall be substituted, namely:
“(1) Where the registering officer under the Registration Act, 1908 (16 of 1908), while registering any
instrument of conveyance, exchange, gift, partition or settlement has reason to believe that the market
47
value of the property which is the subject matter of such instrument has not been truly set forth in the
instrument, he may, after registering such instrument, refer the matter to the Collector for determination
of the market value of such property and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties an
opportunity of making their representations and after holding an enquiry in such manner as may be
prescribed by rules made under this Act, determine the market value of the property which is the subject
matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by
the person liable to pay the duty.
(2-a) The Collector may suo motu within two years from the date of registration of such instrument,
not already referred to him under sub-section (1), call for and examine the instrument for the purpose of
satisfying himself as to the correctness of the market value of the property which is the subject matter of
such instrument and the duty payable thereon and if after such examination, he has reason to believe that
the market value of such property has not been truly set forth in the instrument, he may determine the
market value of such property and the duty as aforesaid in accordance with the procedure provided for in
sub-section (2) and the deficient amount of duty , if any, shall be payable by the person liable to pay the
duty”.
[Vide Orissa Act 7 of 1987, s. 6]
Tripura
In the Indian Stamp Act, 1899 as in force in the State of Tripura, after section 47, the following new
section shall be inserted namely: —
“47A” Instruments of conveyance etc. undervalued, how to be, dealt with :—(1) If the
Registering Officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908), while
registering any instrument of conveyance, exchange, gift or partition, has reason to believe that the value
of the property which is the subject matter of the instrument, as has been set forth therein is lower than the
market value thereof and proper duty has not been paid he may, after registering such instrument, refer
the same to the Collector for determination of the market value of such property and the proper duty
payable thereon.
(2) On receipt of a reference under Sub-Section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed
by rules made under this Act, determine the market value of such property and the proper duty payable
thereon and then return the instrument to the Registering Officer after making and endorsement over his
signature thereon indicating the market value of the property so determined and deficient amount of duty,
if any, that shall be payable by the person liable to pay the duty.
(3) The Collector may, within a period of two year from the date of registration of any instrument of
conveyance, exchange, gift or partition, not already sent to him under sub-section (I), call for as examine
the instrument for the purpose of satisfying himself as to the correctness of the market value of the
property which is the subject matter of such instrument and the duty paid thereon and if after such
examination, he has reasons to believe that the market value of such property has not been truly set forth
in the instrument and the proper duty has not been truly set forth in the instrument and the proper duty has
not been paid, he may determine the market value thereof and the proper duty payable thereon in
accordance with the provision of sub-section (2). The difference, if any between the duty determined by
the Collector and the duty already paid shall be payable by the person liable to pay the duty on the
instrument:
Provided that nothing in this sub-section shall apply to any instrument registered before the date of
the commencement of the Indian Stamp (Tripura Third Amendment) Act, 1984.
48
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may
appeal to the appellate authority specified in sub-section (5), All such appeals shall be preferred within
such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under
this Act.
(5) The State Government shall, by a Notification in the Official Gazette, appoint a person not below
the rank of a Secretary of any Department to be the appellate authority referred to in sub-section (4).
(6) The amount of deficient duty, if any, shall be paid by deposit into Government Treasury by the
person, liable to pay the duty, within a period of thirty days from the date of Notice in this behalf from the
Registering Officer and in case of default in payment, such amount shall be recovered as arrears of land
revenue.
Explanation: For the purpose of the section the market value of any property shall be estimated to be
the price which in the opinion of the Collector or the appellate authority, as the case may be, such
property would have fetched, if sold in the open market on the date of execution of the instrument of
conveyance, exchange gift or portion.
[Vide Tripura Act 2 of 1986, s. 2]
Meghalaya
Insertion of new Section 47A in Act 11 of 1899.—In the Indian Stamp Act, 1899 after the
existing Section 47, the following new Section as Section 47A, shall be inserted, namely:--
“47A. Instruments under-valued how to be dealt with.—(1) If registering officer appointed
under the Indian Registration Act, 1908, while registering any instrument transferring any property,
has reason to believe that the value of the property or the consideration, as the case may be has not
been truly set forth in the instrument, he may, after registering such instrument, refer the same to the
Deputy Commissioner, for determination of the value or consideration, as the case may be, and the
proper duty payable thereon.
(2) On receipt of the reference under sub-section (1), the Deputy Commissioner shall, after giving
the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as
may be prescribed by rules made under this Act, by order, determine the value of the property or the
consideration and the duty aforesaid; and the deficient amount of duty, if any, shall be payable by the
person liable to pay the duty and, on payment of such duty, the Deputy Commissioner shall endorse a
certificate of such payment on the instrument under his seal and signature.
(3) The Deputy Commissioner may, suo motu, within six months from the date of registration of
any instrument not already referred to him under sub-section (1), call for and examine the instrument
for the purpose of satisfying himself as to the correctness of its value or consideration, as the case
may be, and the duty payable thereon, and if after such examination, he has reason to believe that the
value of consideration has not been truly set forth in the instrument, she may determine the value or
consideration and the duty aforesaid in accordance with procedure provided for in sub-section (2);
and the deficient amount of duty if any, shall be payable by the person liable to pay the duty and, on
the payment of such duty the Deputy Commissioner shall endorse a certificate of such payment on the
instrument under his seal and signature.
(4) Any person aggrieved by an order of the Deputy Commissioner under sub-section (2) or sub-
section (3) may appeal to the Meghalaya Board of Revenue.
(5) An appeal under sub-section (4) shall be filed within 90 (ninety) days of the date of the order
sought to be appealed against.”
49
[Vide Meghalaya Act 8 of 1983, s. 2]
Uttarakhand
Amendment of section 47-A.—In section 47-A of the Principal Act, :-
(a) For sub-section (1), the following sub-sections shall be substituted, namely-
“(1) (a) If the market value of any property which is the subject of any instrument, on which duty
is chargeable on the market value of the property as set forth in such instrument, is less than even the
minimum value determined in accordance with the rules made under this Act, the registering officer
appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the said
Act, immediately after presentation of such instrument and before accepting it for registration and
taking any action under section 52 of the said Act, require the person liable to paqy stamp duty under
section 29, to pay the deficit stamp duty as computed on the basis of the minimum value determined
in accordance with the said rules and return the instruments for presenting again in accordance
with section 23 of the Registration Act, 1908;
(b) When the deficit stamp duty required to be paid under clause (a), is paid in respect of any
instrument and the instrument is presented again for registration, the registering officer shall certify
by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and
the residence of the person paying them and register the same;
(c) Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty
may be paid under clause (a) in the form of impressed stamps containing such declaration as may be
prescribed;
(d) If any person does not make the payment of the deficit stamp duty after receiving the order
referred to in clause (a) and presents the instrument again for registration, the registering officer shall,
before registering the instrument, refer the same to the Collector, for determination of the market
value of the property and the proper duty payable thereon.”
(b) in sub-section (3) of section 47-A the following explanation shall be inserted, namely:-
"Explanation-The payment of deficit stamp duty by any person under any order of registering
officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any
instrument under sub section (3)."
(c) after sub-section (4), the following sub-section shall be inserted namely:-
“(4-A) The Collector shall also require along with the deficit stamp duty or penalty required to be
paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one and a half
per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of
the instrument till the date of actual payment;
Provided that the amount of interest under this sub-Section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(4-B) The amount of interest payable under sub section (4-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
(4-C) Where realization of the deficit stamp duty remained stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (4-A)
shall be payable also for any period during which such order of stay remained in operation.
(4-D) Any amount paid or deposited by or recovered from, or refundable to, a person under the
provision of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess if any, shall then be adjusted towards the interest, if any, due from him."
[Vide Uttarakhand Act 1 of 2016, s. 8]
50
Uttar Pradesh
Amendment of section 47.—In section 47-A of the principal Act, in sub-section (4), for the words,
“Chief Inspector of Stamp, Uttar Pradesh or any officer of the Stamp Department of the Board of
Revenue”, the words “Commissioner of Stamps or an Additional Commissioner of Stamps or a Deputy
Commissioner of Stamps or an Assistant Commissioner of Stamps or any officer authorized by the Board
of Revenue in that behalf” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 8]
Amendment of section 47-A.—In section 47-A of the principal Act—
(a) in sub-section (1) for the words, "of conveyance, exchange, gift, settlement, award or trust"
the words "on which duty is chargeable on the market value of the property" shall be substituted ;
(b) in sub-section (2) for the words "of conveyance, exchange, gift, settlement, award or trust"
where they occur for the first time, the words "on which duty is chargeable on the market value of the
property" and for the said words where they occur for the second time, the words "of such
instrument" shall be substituted ;
(c) in sub-section (3), for the words "of conveyance, exchange, gift, settlement, award or trust,"
the words "of the instrument" shall be substituted ;
(d) in sub-section (4) for the words, "of conveyance, exchange, gift, settlement, award or trust,"
where they occur for the first time, the words "on which duty is chargeable on the market value of the
property" and for the said words, where they occur for the second time, the words "of such
instrument" shall be substituted.
[Vide Uttar Pradesh Act 11 of 1992, s. 4]
Amendment of section 47-A.—In section 47-A, in sub-section (4), for the words “two years”, the
words “four- years” shall be substituted and be deemed always to have been substituted :—
[Vide Uttar Pradesh Act 20 of 1974, s. 5]
Substitution of section 47-A—For section 47-A of the principal Act. the following section shall be
substituted, namely :—
"47-A (1) If the market value of any property which is the subject of any instrument, on which
duty is chargeable on market value of such property, as set forth in such instrument, is less than even
the minimum value determined in accordance with the rules made under this Act, the registering
officer appointed under the Registration Act, 1908 shall, before registering the instrument, refer the
same to the Collector for determination of the market value of such property and the proper duty
payable thereon.
(2) On receipt of a reference under sub-section (1) the Collector shall, after giving the parties
a reasonable opportunity of being heard and after holding an inquiry in such manner as many be
prescribed by rules made under this Act, determine the market value of the property which is the
subject of such instrument and the proper duty payable thereon.
(3) The Collector may, suo motu, or on a reference from any court or from the Commissioner
of Stamps or an Additional Commissioner of Stamps or a Deputy Commissioner of Stamps or an
Assistant Commissioner of Stamps or any officer authorized by the State Government in that
behalf, within four years from the date of registration of any instrument on which duty is
chargeable on the market value of the property not already referred to him under sub-section (1)
call for and examine the instrument for the purpose of satisfying himself as to the correctness of
the market value of the property which is the subject for of such instrument, and the duty payable
thereon and if after such examination he has reason to believe that market value of such property
51
has not been truly set forth in such instrument he may determine the market value of such
property and the duty payable thereon :
Provided that, with the prior permission of the State Government, an action under this sub-section
may be taken after a period of four years but before a period of eight years from the date of
registration of the instrument on which duty is chargeable on the market value of the properly.
(4) If on enquiry under sub-section (2) and examination under sub-section (3) the Collector finds
the market value of the property :—
(i) truly set forth and the instrument duly Stamped, he shall certify by endorsement that it is
duly stamped and return it to the person who made the reference ;
(ii) not truly set forth and the instrument not duly stamped he shall require the payment of
proper duty or the amount required to make up the deficiency in the same together with a penalty
of an amount not exceeding four time the amount of the proper duty or the deficient portion
thereof.
(5) The instrument produced before the Collector under sub-section (2) or under sub-section (3)
shall be deemed to have come before him in the performance of his functions.
(6) In case the instrument is not produced within the period specified by the Collector, he may
require payment of deficit stamp duty, if any, together with penalty on the copy of the instrument in
accordance with the procedure laid down in sub-sections (2) and (4)."
[Vide Uttar Pradesh Act 22 of 1998, s. 6]
Amendment of section 47-A.— in section 47-A of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) (a) If the market value of any property which is the subject of any instrument, on which duty
is chargeable on the market value of the property as set forth in such instrument, is less than even the
minimum value determined in accordance with the rules made under this Act, the registering officer
appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the said Act,
immediately after presentation of such instrument and before accepting it for registration and taking
any action under section 52 of the said Act, require the person liable to pay stamp duty under section
29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in
accordance with the said rules and return the instrument for presenting again in accordance with
section 23 of the Registration Act, 1908.
(b) When the deficit stamp duty required to be paid under clause (a), is paid in respect of any
instrument and the instrument is presented again for registration, the registering officer shall certify
by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and
the residence of the person paying them and register the same.
(c) Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty
may be paid under clause (a) in the form of impressed stamps containing such declaration as may be
prescribed.
(d) If any person does not make the payment of deficit stamp duty after receiving the order
referred to in clause (a) and presents the instrument again for registration, the registering officer shall,
before registering the instrument, refer the same to the Collector, for determination of the market value of
the property and the proper duty payable thereon."
(b) in sub-section (3), the following explanation shall be inserted, namely : —
52
Explanation :— The payment of deficit stamp duty by any person under any order of registering
officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any
instrument under sub-section (3)."
(c) after sub-section (4), the following sub-sections shall be inserted, namely :—
(4-A) The Collector shall also require along with the deficit stamp duty or penalty required to be
paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one and half
per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of
the instrument till the date of actual payment :
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(4-B) The amount of interest payable under sub-section (4-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
(4-C) Where realization of the deficit stamp duty remained stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (4-A)
shall be payable also for any period during which such order of stay remained in operation.
(4-D) Any amount paid or deposited by, or recovered from, or refundable to, a person under the
provision of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess, if any, shall then be adjusted towards the interest, if any, due front him."
[Vide Uttar Pradesh Act 38 of 2001, s. 7]
Amendment of section 47-A.— In section 47-A of the principal, Act—
(a) in sub-section (1) for the words. "is less than that determined in accordance with any rules
made under this Act”, the words, "is less than even the minimum value determined in accordance
with any rules made under this Act shall be substituted,
(b) in sub-section (4), for the words, “or on a reference from Chief Inspector of Stamps, Uttar
Pradesh” the words, “or on a reference from any court or from the Chief Inspector of Stamps, Uttar
Pradesh or any officer of the Stamp Department of the Board of Revenue.” shall be substituted.
[Vide Uttar Pradesh Act 49 of 1975, s. 6]
Haryana
Amendment of section 47 A of Central Act 2 of 1899.— In sub -section (4) of section 47A of the Indian
Stamp Act, 1899, for the words "the District Judge", the words "the Commissioner of Division" shall be
substituted.
[Vide Haryana Act 21 of 1997, s. 2]
Substitution of section 47-A to Central Act 2 of 1899.—For section 47-A of the Indian Stamp Act,
1899. (hereinafter called the principal Act), the following sections shall be substitution, namely:--
“47-A. Instruments under-valued how to be dealt with.- (1) If the market value of any
property, which is the subject of any instrument on which duty is chargeable on market value as set
forth in such instrument, is less than the minimum value determined in accordance with the rules
made under this Act, the Registering Officer appointed under the Registration Act, 1908 (Central Act
16 of 1908), shall after registering the instrument, refer the same to the Collector for determination of
market value of such property and the proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner, as may be
53
prescribed by rules, determine the market value of the property and the duty as aforesaid, and the
deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may, suo motu or on receipt of reference from the Inspector-General of
Registration or the Registrar of a district appointed under the Registration Act, 1908 (Central Act 16
of 1908) in whose jurisdiction the property, or any portion thereof, which is the subject matter of the
instrument, is situated, or on the receipt of a report of audit by the Comptroller and Auditor General
of India or by any other authority authorized by the State Government in this behalf or otherwise,
shall within three years from the date of registration of any instrument, not already referred to him
under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to
the correctness of its market value, and the duty payable thereon and if, after such examination, he
has reason to believe that the market value has not been truly set forth in the instrument, he may
determine the market value and the duty, as aforesaid, in accordance with the procedure provided for
in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay
the duty.
(4) Any person, aggrieved by an order of the Collector under sub-section (2) or sub-section (3),
may, within thirty days from the date of the order, prefer an appeal before the Commissioner and all
such appeals shall be heard and disposed of in such manner, as may be prescribed by rules made
under this Act:
Provided that in computing the period aforesaid, the time requisite for obtaining a copy of the
order appealed against, shall be excluded:
Provided further that no order shall be passed without affording opportunity of being heard to the
appellant.
(5) The order passed in appeal under sub-section (4) and the order passed by the Collector under
sub-section (2) or sub-section (3) shall not be called into question in any Civil Court.
“47-B. Functions of Chief Controlling Revenue Authority.- (1) The Chief Controlling
Revenue Authority may at any time call for the record of any appeal pending before, or disposed of
by the Commissioner.
(2) The Chief controlling Revenue Authority under sub-section (1) in any appeal called for under
sub-section (1), may examine and pass such orders as he thinks fit:
Provided that he shall not under this section pass an order reversing or modifying any proceeding
or order of the Commissioner and affecting any question of right without giving an opportunity of
being heard to the affected party.”.
[Vide Haryana Act 7 of 2020, s. 2]
Haryana
Insertion of section 47A in Central Act 2 of 1899.—After section 47 of the principal Act, the
following new section shall be inserted and shall be deemed to have been inserted with effect from the 1st
day of November, 1966, namely:--
"47 A. Instruments under-valued how to be dealt with.—(1) If the Registering Officer appointed
under the Registration Act, 1908, while registering any instrument transferring any property, has reason
to believe that the value of the property or the consideration, as the case may be, has not been truly set
forth in the instrument, he may, after registering such instrument, refer the same to the Collector for
determination of the value or consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be
54
prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid
and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may suo motu, or on receipt of reference from the Inspector-General of
Registration or the Registrar of a district, in whose jurisdiction the property or any portion thereof
which is the subject-matter of the instrument is situate, appointed under the Registration Act, 1908,
shall, within three years from the date of registration of any instrument, not already referred to him
under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the
correctness of its value or consideration, as the case may be, and the duty payable thereon and if after
such examination, he has reasons to believe that the value or consideration has not been truly set forth
in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance
with the procedure provided for in sub-section (2); and the deficient amount of duty, if any, shall be
payable by the person liable to pay the duty:
Provided that the Collector shall, within a period of two years from the date of the commencement
of the Indian Stamp (Haryana Amendment) Act, 1973, also be competent to act as aforesaid in respect
of the instruments registered on or after the first day of November, 1966 and before the first day of
October, 1970.
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may,
within thirty days from the date of the order, prefer an appeal before the District Judge and all such
appeals shall be heard and disposed of in such manner as may be prescribed by rules made under
this Act.".
[Vide Haryana Act 37 of 1973, s. 3]
Bihar
Substitution in sub-section (1) of Section-47-A of The Indian Stamp Act 1899. –Section-47-A(1) of
the Indian Stamp Act, 1899 (as amended from time to time) shall be substituted by the following: --
“(1) Where the registering officers appointed under the Registration Act, 1908 while registering
any instrument of conveyance, exchange, gift, partition or settlement is satisfied that the classification
of the property and/or the measurement of the structure contained in the property which is subject
matter of such instrument has been set forth wrongly or the market value of the property, which is
subject matter of such instrument has been set forth at a lower rate than the Guideline Register of
Estimated Minimum Value prepared under the rules framed under the provision of this Act, he shall
refer such instrument before registering it to the Collector for determination of the proper market
value of such property and the proper duty payable thereon."
[Vide Bihar Act 5 of 2013, s. 2]
48. Recovery of duties and penalties.—All duties, penalties and other sums required to be paid
under this Chapter may be recovered by the Collector by distress and sale of the movable property of the
person from whom the same are due, or by any other process for the time being in force for the recovery
of arrears of land-revenue.
55
STATE AMENDMENT
Orissa
Amendment of Section 48-A.—For Section 48-A of the Principal Act, the following section shall be
substituted, namely:—
“48-A. Notwithstanding anything contained in this Act, no certificate or endorsement under this Act ,
in respect of any instrument chargeable in the State of Orissa with a higher rate of duty under this Act,
for the time being in force as amended from time to time by the Orissa Acts shall be received in
evidence or be in any way valid in respect of the payment of duty on such instrument or in respect of the
chargeability of such instrument with duty unless the duty chargeable under the Orissa Act, has been
paid on such instrument.”.
[Vide Orissa Act 7 of 1987, s. 7]
Uttar Pradesh
Amendment of section 48.— For section 48 of the principal Act, the following section shall be
substituted, namely :—
"48. All duties penalties and other sums required to be paid under this Act may be recovered by the
Collector by distress and sale of the movable property of the person from whom the same are due or by
any other process for the time being in force for the recovery of arrears of land revenue."
[Vide Uttar Pradesh Act 49 of 1975, s. 7]
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps.—Subject to such rules as may be made by 1 [the 2 [State
Government]] as to the evidence to be required, or the enquiry to be made, the Collector may, on
application made within the period prescribed in section 50, and if he is satisfied as to the facts, make
allowance for impressed stamps spoiled in the cases herein after mentioned, namely:—
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in
writing or any other means rendered unfit for the purpose intended before any instrument written
thereon is executed by any person:
(b) the stamp on any document which is written out wholly or in part, but which is not signed or
executed by any party thereto:
(c) in the case of bills of exchange 3[payable otherwise than on demand] 4*** or promissory
notes—
(1) the stamp on 5[any such bill of exchange] 6*** signed by or on behalf of the drawer which
has not been accepted or made use of in any manner whatever or delivered out of his hands for any
purpose other than by way of tender for acceptance:
provided that the paper on which any such stamp is impressed, does not bear any signature
intended as or for the acceptance of any bill of exchange 6*** to be afterwards written thereon:
1. Subs. by the A.O. 1937, for “the L.G.”.
2. Subs. by the A.O. 1950, for “collecting Government”.
3. Ins. by Act 5 of 1927, s. 5.
4. The word “Cheques” omitted by s. 5, ibid.
5. Subs. by, s. 5, ibid, for “any bill of exchange”.
6. The words “or cheque” omitted by s. 5, ibid.
56
(2) the stamp on any promissory note signed by or on behalf of the maker which has not been
made use of in any manner whatever or delivered out of his hands:
(3) the stamp used or intended to be used for 1[any such bill of exchange] 2*** or promissory
note signed by, or on behalf of, the drawer thereof, but which from any omission or error has
been spoiled or rendered useless, although the same, being a bill of exchange 2*** may have
been presented for acceptance or accepted or endorsed, or, being a promissory note, may have
been delivered to the payee: provided that another completed and duly stamped bill of exchange
2*** or promissory note is produced identical in every particular, except in the correction of
such omission or error as aforesaid, with the spoiled bill, 2*** or note;
(d) the stamp used for an instrument executed by any party thereto which—
(1) has been afterwards found to be absolutely void in law from the beginning:
(2) has been afterwards found unfit, by reason of any error or mistake therein, for the
purpose originally intended:
(3) by reason of the death of any person by whom it is necessary that it should be executed,
without having executed the same, or of the refusal of any such person to execute the same,
cannot be completed so as to effect the intended transaction in the form proposed:
(4) for want of the execution thereof by some material party, and his inability or refusal to
sign the same, is in fact incomplete and insufficient for the purpose for which it was intended:
(5) by reason of the refusal of any person to act under the same, or to advance any money
intended to be thereby secured, or by the refusal or non-acceptance of any office thereby
granted, totally fails of the intended purpose:
(6) becomes useless in consequence of the transaction intended to be thereby effected being
effected by some other instrument between the same parties and bearing a stamp of not less
value:
(7) is deficient in value and the transaction intended to be thereby effected has been effected
by some other instrument between the same parties and bearing a stamp of not less value:
(8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made
between the same parties and for the same purpose is executed and duly stamped:
Provided that, in the case of an executed instrument, no legal proceeding has been commenced
in which the instrument could or would have been given or offered in evidence and that the
instrument is given up to be cancelled.
Explanation.—The certificate of the Collector under section 32 that the full duty with which an
instrument is chargeable, has been paid is an impressed stamp within the meaning of this section.
50. Application for relief under section 49 when to be made.—The application for relief under
section 49 shall be made within the following periods, that is to say,—
(1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument:
(2) in the case of a stamped paper on which no instrument has been executed by any of the parties
thereto, within six months after the stamp has been spoiled:
1 Subs. by Act 5 of 1927, s. 5, for “any bill of exchange”.
2. The word “cheque” omitted by s. 5, ibid.
57
(3) in the case of a stamped paper in which an instrument has been executed by any of the parties
thereto, within six months after the date of the instrument, or, if it is not dated, within six months after
the execution thereof by the person by whom it was first or alone executed:
Provided that,—
(a) when the spoiled instrument has been for sufficient reasons sent out of 1 [India], the
application may be made within six months after it has been received back in 1[India];
(b) when, from unavoidable circumstances, any instrument for which another instrument has been
substituted, cannot be given up to be cancelled within the aforesaid period, the application may be
made within six months after the date of execution of the substituted instrument.
51. Allowance in case of printed forms no longer required by Corporations.—The Chief
Controlling Revenue-authority 2 [or the Collector if empowered by the Chief Controlling Revenue-
authority in this behalf] may, without limit of time, make allowance for stamped papers used for printed
forms of instruments 3[by any banker or] by any incorporated company or other body corporate, if for any
sufficient reason such forms have ceased to be required by the said 3[banker], company or body corporate:
provided that such authority is satisfied that the duty in respect of such stamped papers has been duly
paid.
52. Allowance for misused stamps.—(a) When any person has inadvertently used for an instrument
chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules
made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp
for an instrument not chargeable with any duty; or
(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15,
owing to such instrument having been written in contravention of the provisions of section 13;
the Collector may, on application made within six months after the date of the instrument, or, if it is not
dated, within six months after the execution thereof by the person by whom it was first or alone executed,
and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow
as spoiled the stamp so misused or rendered useless.
53. Allowance for spoiled or misused stamps how to be made.—In any case in which allowance is
made for spoiled or misused stamps, the Collector may give in lieu thereof —
(a) other stamps of the same description and value; or
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or
(c) at his discretion, the same value in money, deducting 4[ten nayepaise] for each rupee or
fraction of a rupee.
54. Allowance for stamps not required for use.—When any person is possessed of a stamp or
stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which
he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in
money, deducting 4[ten nayepaise] for each rupee or portion of a rupee, upon such person delivering up
the same to be cancelled, and proving to the Collector's satisfaction—
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. 1.
3. Ins. by Act 5 of 1906, s. 6.
4. Subs. by Act 19 of 1958, s. 8, for “one anna” (w.e.f. 1-10-1958).
58
(a) that such stamp or stamps were purchased by such person with a bona fide intention to use
them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next preceding the date on which
they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit,
make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
1[54A. Allowances for stamps in denominations of annas.—Notwithstanding anything contained in
section 54, when any person is possessed of a stamp or stamps in any denominations, other than in
denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled,
the Collector shall repay to such person the value of such stamp or stamps in money calculated in
accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906, (3 of
1906) upon such person delivering up, within six months from the commencement of the Indian Stamp
(Amendment) Act,1958 (19 of 1958), such stamp or stamps to the Collector.]
2[54B. Allowances for Refugee Relief Stamps.—Notwithstanding anything contained in section 54,
when any person is possessed of stamps bearing the inscription “Refugee Relief” (being stamps issued in
pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall,
upon such person delivering up, within six-month, from the commencement of the Refugee Relief Taxes
(Abolition) Act, 1973 (13 of 1973), such stamps to the Collector, refund to such person the value of such
stamps in money or give in lieu thereof other stamps of the same value:
Provided that the State Government may, with a view to facilitating expeditious disposal of claims for
such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for
claiming such refunds.]
55. Allowance on renewal of certain debentures.—When any duly stamped debenture is renewed
by the issue of a new debenture in the same terms, the Collector shall, upon application made within one
month, repay to the person issuing such debenture, the value of the stamp on the original or on the new
debenture, whichever shall be less:
Provided that the original debenture is produced before the Collector and cancelled by him in such
manner as 3[the State Government] may direct.
Explanation.—A debenture shall be deemed to be renewed in the same terms within the meaning of
this section notwithstanding the following changes:—
(a) the issue of two or more debentures in place of one original debenture, the total amount
secured being the same;
(b) the issue of one debenture in place of two or more original debentures, the total amount
secured being the same;
(c) the substitution of the name of the holder at the time of renewal for the name of the original
holder; and
(d) the alteration of the rate of interest or the dates of payment thereof.
1. Ins. by Act 19 of 1958, s. 9 (w.e.f. 1-10-1958).
2. Ins. by Act 13 of 1973, s. 2 (w.e.f. 1-4-1973).
3. Subs. by the A. O. 1937, for “the G.G. in C.”.
59
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-authority.—(1) The powers
exercisable by a Collector under Chapter IV and Chapter V 1[and under clause (a) of the first proviso to
section 26] shall in all cases be subject to the control of the Chief Controlling Revenue-authority.
(2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of
duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with
his own opinion thereon, for the decision of the Chief Controlling Revenue-authority.
(3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall
proceed to asses and charge the duty (if any) in conformity with such decision.
STATE AMENDMENT
Uttarakhand
Amendment of section 56.—In Section 56 of the Principal Act, after sub-section (1) the following
sub-section shall be inserted, namely:-
“(1-A) Notwithstanding anything contained in any other provisions of this Act, any person Including
the Government aggrieved by any order of the Collector under chapter-IV, chapter-V or under clause (a)
of the first proviso to section 26 may, within 60 days from the date receipt of such order, prefer an appeal
against such order to the Chairman, Board of Revenue who shall, after giving the parties a reasonable
opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and
the order so passed shall be final.
Provided that no application for stay of recovery of any disputed amount of stamp duty including
interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the
payment of not less than one third of such disputed amount.
Provided further that where the Chairman, Board of Revenue passes an order for the stay of recovery
of any stamp duty, interest thereon or penalty or for the stay of the operation of any order appealed
against and such order results in the stay of recovery of any stamp duty, interest thereon or penalty, such
stay order shall not remain in force for more than 30 days unless the appellant furnishes adequate security
to the satisfaction of the Collector concern for the payment of the outstanding amount.”
[Vide Uttarakhand Act 1 of 2016, s. 9]
Uttar Pradesh
Amendment of section 56.— In section 56 of the principal Act, after sub-section (1), the following
sub-section shall be inserted, namely :-—
"(1-A) Notwithstanding anything contained in any other provisions of this Act, any person including
the Government aggrieved by an order of the Collector under Chapter-IV, Chapter-V or under clause (a)
of the first proviso to section 26 may, within sixty days from the date receipt of such order, prefer an
appeal against such order to the Chief Controlling Revenue Authority, who shall, after giving the parties a
reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and
proper and the order so passed shall be final :
Provided that no application for stay of recovery of any disputed amount of stamp duty including
interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the
payment of not less than one third of such disputed amount;
Provided further that where the Chief Controlling Revenue Authority passes an order for the stay of
recovery of any stamp duty, interest thereon or penalty or for the stay of the operation of any order
1. Ins. by Act 15 of 1904, s. 7.
60
appealed against and such order results in the stay of recovery of any stamp duty, interest thereon or
penalty, such stay order shall not remain in force for more than thirty days unless the appellant furnishes
adequate security to the satisfaction of the Collector concerned for the payment of the outstanding
amount."
[Vide Uttar Pradesh Act 38 of 2001, s. 8]
57. Statement of case by Chief-Controlling Revenue-authority to High Court.—(1) The Chief
Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or
otherwise coming to its notice, and refer such case, with its own opinion thereon,—
1[(a) if it arises in a State, to the High Court for that State;
2[(b) if it arises in the Union territory of the Delhi, to the High Court of Delhi;]
3* * * * *
4[(c) if it arises in the Union territory of the Arunachal Pradesh or Mizoram, to the Gauhati High
Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;)]
(d) if it arises in the Union territory of the Andaman and Nicobar Islands, to the High Court at
Calcutta;
(e) if it arises in the Union territory of the 5[Lakshadweep], to the High Court of Kerala;]
6[(ee) if it arises in the Union territory of the Chandigarh, to the High Court of Punjab and
Haryana;]
7[(f) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay.]
(2) Every such case shall be decided by not less than three Judges of the High Court 8*** to which it
is referred, and in case of difference the opinion of the majority shall prevail.
58. Power of High Court to call for further particulars as to case stated.—If the High Court 9***
is not satisfied that the statements contained in the case are sufficient to enable it to determine the
questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was
stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.
59. Procedure in disposing of case stated.—(1) The High Court, 9*** upon the hearing of any such
case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the
grounds on which such decision is founded.
(2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such
judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall,
on receiving such copy, dispose of the case conformably to such judgment.
60. Statement of case by other Courts to High Court.—(1) If any Court, other than a Court
mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument
under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own
opinion thereon, for the decision of the High Court 9*** to which, if he were the Chief Controlling
Revenue-authority, he would, under section 57, refer the same.
1. Subs. by the A.O. (No. 2) 1956, for clauses (a) to (g).
2. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch.
for clause (b) (w.e.f. 1-11-1966).
3. Clause (bb) ins. by s. 3 and the Schedule ibid. And omitted by the State of Himachal Pradesh (Adaptation of Laws on Union
Subjects) Order, 1973, s. 3 and Sch. (w.e.f. 25-1-1971).
4. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order 1974, s. 3 and the Schedule
for clause (c) (w.e.f. 21-1-1972).
5. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, s. 3 and the
Schedule for “the Laccadive, Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
6. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch.
(w.e.f. 1-11-1966).
7. Ins. by Reg. 6 of 1963, s. 2 and the First Sch.
8. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1950.
9. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1948.
61
(2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of
its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling
Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such
copy, dispose of the case conformably to such judgment.
(3) References made under sub-section (1), when made by a Court subordinate to a District Court,
shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be
made through the Court immediately superior.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps. —(1) When any
Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order
admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of
duty and a penalty under section 35, the Court to which appeals lie from, or references are made by, such
first-mentioned Court may, of its own motion or on the application of the Collector, take such order into
consideration.
(2) If such Court, after such consideration, is of opinion that such instrument should not have been
admitted in evidence without the payment of duty and penalty under section 35, or without the payment of
a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the
amount of duty with which such instrument is chargeable, and may require any person in whose
possession or power such instrument then is, to produce the same, and may impound the same when
produced.
(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall
send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or
is otherwise in the possession of such Court, shall also send him such instrument.
(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such
instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any
person for any offence against the Stamp-law which the Collector considers him to have committed in
respect of such instrument:
Provided that, ––
(a) no such prosecution shall be instituted where the amount (including duty and penalty) which,
according to the determination of such Court, was payable in respect of the instrument under
section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention
of evading payment of the proper duty;
(b) except for the purposes of such prosecution, no declaration made under this section shall
affect the validity of any order admitting any instrument in evidence, or of any certificate granted
under section 42.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 61. –In section 61 of the principal Act, in sub-section (1), for the words and
figures “Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898,” the worth and figures
“sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973” shall be
substitute.
[Vide Uttar Pradesh Act 6 of 1980, s. 9]
62
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped. ––(1) Any person––
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or
presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner
negotiating, any bill of exchange 1[payable otherwise than on demand] 2*** or promissory note
without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty
without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped,
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section
40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any)
subsequently imposed under this section in respect of the same instrument upon the person who paid such
penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also
every person who, at the time when it is issued, is the managing director or secretary or other principal
officer of the company, shall be punishable with fine which may extend to five hundred rupees.
STATE AMENDMENT
Arunachal Pradesh
Amendment of sections 62.—In the Indian Stamp act, 1899 (2 of 1899) in its application to the state
of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words “five hundred rupees”, the words “two thousand
five rupees” shall be substituted.
(ii) in section 62, in sub-section (2), for the words “five hundred rupees”, the words “five
thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Uttarakhand
Amendment of section 62.—In sub-section (1) of section 62 of the Principal Act for the words,
‘shall for every such offence, be punishable with fine which may extend to five hundred rupees’. shall be
substituted as follows, namely:—
“shall for every such offence, be punishable with fine which may extend to five thousand rupees”.
[Vide Uttarakhand Act 1 of 2016, s. 10]
1. Ins. by Act 5 of 1927, s. 5.
2. The word “cheque” omitted by s. 5, ibid.
63
1[62A. Penalty for failure to comply with provisions of section 9A.––(1) Any person who,––
(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or
(b) being required under sub-section (4) of section 9A to transfer the duty to the State
Government within fifteen days of the expiry of the time specified therein, fails to transfer within
such time,
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to
one per cent. of the collection or transfer so defaulted.
(2) Any person who,—
(a) being required under sub-section (5) of section 9A to submit details of transactions to the
Government, fails to submit the same; or
(b) submits a document or makes a declaration which is false or which such person knows or
believes to be false,
shall be punishable with fine of one lakh rupees for each day during which such failure continues or one
crore rupees, whichever is less.]
Uttar Pradesh
Amendment of section 62.— In section 62 of the principal Act, in sub-section (1), for the words,
“shall, for every such offence, be punishable with fine which may extend to five hundred rupees”, the
words, “shall, for every such offence, be punishable with imprisonment for a term which shall not be less
than one month but which may extend to six months and with fine which may extend to five thousand
rupees" shall be substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 9]
63. Penalty for failure to cancel adhesive stamp.––Any person required by section 12 to cancel an
adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable
with fine which may extend to one hundred rupees.
STATE AMENDMENT
Arunachal Pradesh
Amendment of sections 63,-
(2) in section 63, for the words “one hundred rupees”, the words “five hundred rupees” shall be
substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
64. Penalty for omission to comply with provisions of section 27.––Any person who, with intent to
defraud the Government,––
(a) executes any instrument in which all the facts and circumstances required by section 27 to be
set forth in such instrument are not fully and truly set forth; or
(b) being employed or concerned in or about the preparation of any instrument, neglects or omits
fully and truly to set forth therein all such facts and circumstances; or
(c) does any other act calculated to deprive the Government of any duty or penalty under this Act;
shall be punishable with fine which may extend to five thousand rupees.
1. Ins. by Act 7 of 2019, s. 18 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
64
STATE AMENDMENTS
Orissa
Amendment of Section 64.––In section 64 of the Principal Act, the words “and where the person is
liable to pay the duty shall also be liable to pay the deficient amount of duty” shall be added at the end.
[Vide Orissa Act 7 of 1987, s. 8]
Arunachal Pradesh
Amendment of sections 64,-
(3) in section 64, in clause (c), for the words “five thousand rupees”, the words “ten thousand rupees”
shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Uttar Pradesh
Amendment of section 64.—In. section 64 of the principal Act, for the words, "with fine which may
extend to five thousand rupees," the words “imprisonment for a term which may extend to three months
or with fine which may extend to ten thousand rupees or with both" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 7]
Insertion of new sections 64-A and 64-B. After section 64 of the principal Act, the following
sections shall be inserted, namely :—
"64-A.Penalty for omission to comply with sections II-A and article 25-A of Schedule I-B.—Any
person who either refuses or neglects to stamp a counter-part or-duplicate (including counterfoil or carbon
as-copy) of any bill or cash memo on the date of its issue in accordance with Article 25-A of Schedule I-B
or fails to pay the duty in cash in accordance with section II-A or where the same is paid in cash, fails to
maintain a proper account thereof in accordance with sub-section (2) of section 11-A, shall for every such
offence be punishable with fine which may extend to five hundred rupees.
64-B. Recovery of amount of deficit stamp duty.—(1) Where any person liable to pay duty under
this Act is convicted of an offence under section 62 or 64, in respect of any instrument (not being an
instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate
shall in addition to any punishment which may be imposed for such offence, direct recovery of the
amount of duty .and penalty, if any, due under this Act from such person in respect of that instrument, and
such amount shall also be recoverable as if it were a fine imposed by the Magistrate.
(2) Upon such recovery the Collector shall thereupon certify by endorsement on the instrument that
proper duty or penalty, as the case may be, has been levied in respect thereof.”
[Vide Uttar Pradesh Act 49 of 1975, s. 8]
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.––Any person
who,––
(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,
(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of
property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not
exceeding twenty rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine which may extend to one hundred rupees.
65
STATE AMENDMENT
Arunachal Pradesh
Amendment of sections 65,-(4) in section 65, in clause (b), for the words “one hundred rupees”, the
words “five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
66. Penalty for not making out policy or making one not duly stamped.––Any person who––
(a) receives, or takes credit for, any premium or consideration for any contract of insurance and
does not, within one month after receiving, or taking credit for, such premium or consideration, make
out and execute a duly stamped policy of such insurance; or
(b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in
account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;
shall be punishable with fine which may extend to two hundred rupees.
Arunachal Pradesh
Amendment of sections 66,-In section 66, in clause (b), for the words “two hundred rupees”, the words
“five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.––
Any person drawing or executing a bill of exchange 1[payable otherwise than on demand] or a policy of
marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time
drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or
policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
Arunachal Pradesh
Amendment of sections 67,-
In section 67, for the words “one thousand rupees” the words “two thousand rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
68. Penalty for post-dating bills, and for other devices to defraud the revenue.––Any person
who, ––
(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or
promissory note bearing a date subsequent to that on which such bill or note is actually drawn or
made; or,
(b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for
acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner
negotiate the same; or,
(c) with the like intent, practices or is concerned in any act, contrivance or device not specially
provided for by this Act or any other law for the time being in force;
shall be punishable with fine which may extend to one thousand rupees.
1. Ins. by Act 5 of 1927, s. 5.
66
STATE AMENDMENT
Arunachal Pradesh
Amendment of sections 68,-
(7) in section 68, in clause (c), for the words “one thousand rupees” , the words “two thousand
rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.––(a) Any
person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a 1[ten naye paise or
five nayepaise] adhesive stamp);
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both.
STATE AMENDMENT
Arunachal Pradesh
Amendment of sections 69,-
(8) in section 69, in clause (b), for the words “five hundred rupees”, the words “five thousand
rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
70. Institution and conduct of prosecutions.––(1) No prosecution in respect of any offence
punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the
Collector or such other officer as 2 [the 3 [State Government]] generally, or the Collector specially,
authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in
this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.
71. Jurisdiction of Magistrate.––No Magistrate other than a Presidency Magistrate or a Magistrate
whose powers are not less than those of a Magistrate of the second class, shall try any offence under this
Act.
72. Place of trial.––Every such offence committed in respect of any instrument may be tried in any
district or presidency-town in which such instrument is found, as well as in any district or presidency-
town in which such offence might be tried under the Code of Criminal Procedure for the time being in
force.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection.–– Every public officer having in his custody any registers,
books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or
to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable
1. Subs. by Act 19 of 1958, s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
2. Subs. by the A.O. 1937, for “the L.G.”.
3. Subs. by the A.O. 1950, for “collecting Government”.
67
times permit any person authorized in writing by the Collector to inspect for such purpose the registers,
books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary,
without fee or charge.
STATE AMENDMENT
Orissa
Amendment of section 73.––For section 73 of the principal Act, the following section shall be
substituted, namely:—
(1) Every public officer or any person having in his custody any registers, books, records, papers,
documents or proceedings, the inspections whereof may tend to secure any duty, or to prove or lead to
the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any
officer authorized in writing by the Collector to enter upon any premises and to inspect for such purposes
the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as
he may deem necessary, without fee or charge and if necessary to seize them and impound the same under
proper acknowledgement:
Provided that such seizure of any registers, books, records, papers, documents or proceedings in the
custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is given.
Explanation—For the purposes of this proviso ‘Bank’ means a banking company as defined in
section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India, constituted by the State
Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959
corresponding new Bank as define in the Banking Companies (Acquisition and Transfer of Undertakings) Act,
1980, a Regional Rural Bank established under the Regional Rural Bank Act, 1976, the Industrial
Development Bank of India Act, 1964, National Bank of Agriculture and Rural Development Act, 1981, the
Life Insurance Corporation Act, 1956, the Industrial Fiancé Corporation of India established under the
Industrial Finance Corporation Act, 1948, and as such other financial or banking institution owned, controlled
or managed by a State Government or the Central Government, as may be notified in this behalf by the
Government.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents
or proceedings shall, when so required by the officer authorized under sub-section (1), produce them before
such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as
he may deem necessary.
(3) if, upon such inspection, the officer so authorized, is of opinion that any instrument is chargeable with
duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make
up the same form the person liable to pay the stamp duty and in case of default the amount of the duty shall be
recovered as an arrear of land revenue.
[Vide Orissa Act 1 of 2003, s. 6]
Orissa
Amendment of Section 73.—In Explanation to sub-section (1) of Section 73 of the Indian Stamp Act,
1899, (2 of 1899) for the words and figures “the Industrial Finance Corporation of India established under
the Industrial Finance Corporation Act, 1948”, the words and figures “other public financial institutions
notified under Section 4-A of the Companies Act, 1956 (1 of 1956)” shall be substituted.
[Vide Orissa Act 5 of 2004, s. 2]
68
Uttar Pradesh
Inserted of new section 73-A—After section 73 of the principal Act, the following section shall be inferred,
namely :—
“73-A. Collector’s power to authorize officer to enter premises and inspect certain
documents".—(1) Where the Collector has reason to believe that all or any of the instruments specified
in Articles 5 and 43 of the Schedule 1-B have not been charged at all or have been incorrectly charged
with duty leviable under this Act, he may authorize in writing any officer to enter upon any premises
where the Collector has reason to believe that any registers, books, records, papers, documents or
proceedings relating to or in connection with any such instrument are kept and to inspect them, and to
take such notes and extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining such registers, books, records, papers,
documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take
such notes and extracts as he may deem necessary."]
[Vide Uttar Pradesh Act 6 of 1980, s. 10]
Amendment of section 73--In seetion:73-A of the principal Act –
(a) for sub-section (1) the following sub-section shall be substituted namely :—
"(1) 'Where the Collector has reason to believe that any instrument chargeable to duty has not
been charged at all or has been incorrectly charged with duty leviable under this Act, he or any
other Officer authorized by him writing in This behalf may enter upon any premises where the
Collector has reason to believe that any registers, books, records papers, maps, documents or
proceedings relating to or in connection with any such instrument are kept and to inspect them
and to take such notes, copies and extracts as the Collector or such officer deems necessary."
(b) in sub section (2) after the word ''papers" the Word "maps" and after the word "notes" the
word "copies” shall be inserted.
[Vide Uttar Pradesh Act 22 of 1998, s. 8]
1 [73-A. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may
make rules for all or any of the following matters, namely:––
(a) the manner of collection of stamp-duty on behalf of the State Government by the stock exchange
or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section (1) of section
9A;
(b) the manner of collection of stamp-duty on behalf of the State Government by the depository from
the transferor under clause (b) of sub-section (1) of section 9A;
(c) the manner of collection of stamp-duty on behalf of the State Government by the depository from
the issuer under clause (c) of sub-section (1) of section 9A;
(d) the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A;
(e) any other matter which has to be, or may be, provided by rules.]
2[73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.––
The Central Government may,––
(a) issue directions relating to such matters and subject to such conditions, as it deems necessary;
(b) in writing, authorise the Securities and Exchange Board of India established under section 3 of
the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India
1. Ins. by Act 7 of 2019, s. 19 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Ins. by Act 12 of 2020, s. 144 (w.e.f. 1-4-2020).
69
constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions,
circulars or guidelines,
for carrying out the provisions of Part AA of Chapter II and the rules made there under.]
74. Powers to make rules relating to sale of stamps.––The 1[State Government] 2*** may make
rules for regulating––
(a) the supply and sale of stamps an stamped papers,
(b) the persons by whom alone such sale is to be conducted, and
(c) the duties and remuneration of such persons:
Provided that such rules shall not restrict the sale of 3[ten nayepaise or five nayapaise] adhesive
stamps.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 74.— In section 74 of the principal Act, for clause (c), the following clause shall
be substituted, namely :—
“(c) the duties and remuneration of and the fees chargeable from such person.”
[Vide Uttar Pradesh Act 22 of 1998, s. 9]
75. Power to make rules generally to carry out Act.––The 3[State Government] may make rules to
carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no
case exceed five hundred rupees, to be incurred on breach thereof.
76. Publication of rules. ––4[(1) All rules made under this Act shall be published in the Official
Gazette.]
(2) All rules published as required by this section shall, upon such publication, have effect as if
enacted by this Act.
5[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
6[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
1. Subs. by the A.O. 1950, for “collecting Government”.
2. The words “Subject to the Control of the G.G. in C” omitted by the A.O.1937.
3. Subs. by Act 19 of 1958 s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
4. Subs. by the A.O. 1937, for sub-section (1).
5 Ins. by Act 7 of 2019, s. 20 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
6. Ins. by Act 4 of 2005, s. 2 and the Schedule.
70
1[76A.Delegation of certain powers .––2[3*** The State Government may, by notification in the
Official Gazette], delegate––
(a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the
Chief Controlling Revenue-authority; and
(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by
sections 45 (1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in
the notification.]
STATE AMENDMENT
Uttar Pradesh
Amendment of section 76-A to Act no. II of 1899.—In section 76-A of the Indian Stamp Act, 1899, as
amended in its application to Uttar Pradesh, in clause (b) for the figures “56 (1)” the figures and letter “56
(1) (1-A)” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2016, s. 2]
77. Saving as to court-fees.––Nothing in this Act contained shall be deemed to affect the duties
chargeable under any enactment for the time being in force relating to court-fee.
STATE AMENDMENT
Himachal Pradesh
Amendment of Section 77.––At the beginning of section 77 of the said Act the following words shall
be inserted, namely:-
“Except for the provisions as to copies contained in section 6-A”.
[Vide Himachal Pradesh Act 4 of 1953, s. 11]
Orissa
Section 77-A, Act 2 of 1899.––After section 77 of the principal Act the following new section shall
be inserted, namely:––
77-A. Fractions of five naye paise to be rounded off.––In the determination of the amount of duly
payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to
the next higher five naye paise.
[Vide Orissa Act 35 of 1962, s. 3]
4[77A. Saving as to certain stamps.––All stamps in denominations of annas four or multiples thereof
shall be deemed to be stamps of the value of twenty-five nayepaise or, as the case may be, multiples
thereof and shall, accordingly, be valid for all the purposes of this Act.]
STATE AMENDMENT
Orissa
Repeal of section 77-A, (Act 2 of 1899).––Section 77-A of the Indian Stamp Act, 1899 (2 of 1899)
(hereinafter referred a to as the principal Act), shall be omitted.
[Vide Orissa Act 9 of 1970, s. 2]
1. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. I.
2. Subs. by the A.O. 1937, for “The Local Government may, by notification in the Local Official Gazette”.
3. The words, figures and brackets “The Central Government subject to the provision of section 124(1) of the Government of
India Act, 1935, and” omitted by the A.O. 1950.
4. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958).
71
78. Act to be translated, and sold cheaply. –– Every State Government shall make provision for the
sale of translations of this Act in the principal vernacular languages of the territories administered by it at
a price not exceeding 1[twenty-five nayepaise] per copy.
STATE AMENDMENT
Assam
Substitution of section 78.—In the principal Act, for section 78, the following shall be substituted,
namely,—
“78. Duty or allowance to be rounded off to 78 the next rupee.—If the total amount of duty
payable, or of allowance to be made under this Act is not a round figure, the total amount shall be
rounded off the next rupee.”
[Vide Assam Act 22 of 2004, s. 5]
Uttar Pradesh
Omission of section 78.— Section 78 of the principal Act shall be omitted.
[Vide Uttar Pradesh Act 22 of 1998, s. 10]
79. [Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and Schedule II.
1. Subs. by Act 19 of 1958, s. 12, “four annas” (w.e.f. 1-10-1958).
72
SCHEDULE 1
STAMP-DUTYON INSTRUMENTS
(See section 3)
Description of Instrument Proper Stamp-duty
1 [5. AGREEMENT OR MEMORANDUM OFAN
AGREEMENT—
(a) if relating to the sale of a bill of exchange;
Two annas.
(b) if relating to the sale of a government security
or share in an incorporated company or other body
corporate;
Subject to a maximum of ten rupees, one anna
for every Rs. 10,000 or part thereof of the value
of the security or share.
(c) if not otherwise provided for Eight annas.
Exemptions
Agreement or memorandum of agreement—
(a) for or relating to the sale of goods or merchandise
exclusively, not being a NOTEOR MEMORANDUM
chargeable under No. 43;
(b) made in the form of tenders to the Central Government
for or relating to any loan;
2* * * *
AGREEMENT TO LEASE. See LEASE (No. 35).
3[6. AGREEMENT RELATING TO DEPO- SIT
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 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;
(b) if such loan or debt is repayable not more than
three months from the date of such instruments.
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.
The same duty as a Bill of Exchange [No. 13 (b)]
for the amount secured.
Half the duty payable on a Bill of Exchange [No.
13 (b)] for the amount secured.
Fifteen rupees.
1. Subs. by Act 6 of 1910, s.3, for article 5.
2. Clause (c) omitted by the A.O. 1950.
3. Subs. by Act 15 of 1904, s. 8, for article. 6.
73
Description of Instrument Proper Stamp-duty
8. APPRAISEMENT OR VALUATION made
otherwise than under an order of the Court in the
course of a suit—
(a) where the amount does not exceed Rs. 1,000;
The same duty as a Bond (No. 15) for such
amount.
(b) in an 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.
Five rupees.
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).
Exemption
Instruments of apprenticeship executed by a Magistrate
under the 1Apprentices Act, 1850 (XIX of 1850), or by
which a person is apprenticed by or at the charge of any
public charity.
10. ARTICLES OF ASSOCIATION OF A
COMPANY.
Exemption
Articles of any Association not formed for profit
and registered under section 26 of the 2 Indian
Companies Act, 1882 (VI of 1882).
See also MEMORANDUM OF ASSOCIATION OF A
COMPANY (No.39).
11. ARTICLES 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.
ASSIGNMENT. See CONVEYANCE (No. 23),
TRANSFER (No. 62), and TRANSFEROF LEASE (No.
63), as the case may be.
ATTORNEY. See ENTRYAS AN ATTORNEY (No.
30) and POWEROF ATTORNEY (No. 48).
AUTHORITY TO ADOPT. See ADOPTION-DEED
(No. 3).
Five rupees.
Twenty-five rupees.
Two hundred and fifty rupees.
1. See now the Apprentices Act, 1961 (52 of 1961).
2. See now the Companies Act, 1956 (1 of 1956).
74
1. See now the Bombay District Municipal Act, 1901 (Bom. Act 3 of 1901).
2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for articles 13 and 14.
Description of Instrument Proper Stamp-duty
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) in any other case…………………………
Exemption
Award under the 1 Bombay District Municipal
Act, 1873 (Bom. Act 6 of 1873), section 81, or the
Bombay Hereditary Offices Act, 1874 (Bom. Act (3of
1874), section 18.
2 [13. BILL OF EXCHANGE as defined by
s.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—
The same duty as a Bond (No. 15) for such
amount.
Five rupees.
if the amount of the bill or note does not
exceed Rs. 500; Thirty paise.
if it exceeds Rs. 500 but does not exceed
Rs. 1,000; Sixty paise.
and for every additional Rs. 1,000 or part thereof
in excess of Rs. 1,000; Sixty paise.
(ii)where payable more than three months but
not more than six months after date or sight—
if the amount of the bill or note does not
exceed Rs. 500; Sixty paise.
if it exceeds Rs. 500 but does not exceed
Rs. 1,000; One rupee twenty paise.
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000; One rupee twenty paise.
(iii) where payable more than six months but
not more than nine months after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
Ninety paise.
75
Description of Instrument Proper Stamp duty
if it exceeds Rs. 500 but does not exceed Rs. 1,000;
One rupee eighty paise.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
One rupee eighty paise.
(iv)where payable more than nine months but not
more than one year after date or sight—
if the amount of the bill or note does not exceed
Rs. 500;
One rupee twenty five paise.
if it exceeds Rs. 500 but does not exceed Rs.
1,000;
Two rupees fifty paise.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
Two rupees fifty paise.
(c)where payable at more than one year after date or
sight—
if the amount of the bill or note does not exceed Rs. 500; Two rupees fifty paise.
if it exceeds Rs. 500 but does not exceed Rs. 1,000; Five rupees.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
Five rupees.
14. BILL OF LADING (including a through bill of
lading).
One rupee.
N.B.—If a bill of lading is drawn
in parts, the proper stamp
therefore must be borne by
each one of the set.]
Exemptions
(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 of1889), and
are to be delivered at another place within the limits of the
same port.
(b) Billof lading when executed out of India and
relating to property to be delivered in India.
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),—
where the amount or value secured does not exceed Rs. 10; Two annas.
where it exceeds Rs. 10 and does not exceed Rs. 50; Four annas.
76
Description of Instrument Proper Stamp duty
where it exceeds Rs. 50 and does not exceed Rs. 100 Eight annas.
where it exceeds Rs. 100 and does not exceed Rs. 200 One rupee.
where it exceeds Rs. 200 and does not exceed Rs. 300 One rupee eight annas.
where it exceeds Rs. 300 and does not exceed Rs. 400 Two rupees.
where it exceeds Rs. 400 and does not exceed Rs. 500 Two rupees eight annas.
where it exceeds Rs. 500 and does not exceed Rs. 600 Three rupees.
where it exceeds Rs. 600 and does not exceed Rs. 700 Three rupees eight annas.
where it exceeds Rs. 700 and does not exceed Rs. 800 Four rupees.
where it exceeds Rs. 800 and does not exceed Rs. 900 Four rupees eight annas.
where it exceeds Rs. 900 and does not exceed Rs. 1,100 Five rupees.
and for every Rs. 500 or part thereof in excess of Rs. 1,000 Two rupees eight annas.
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 (Ben. 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 subscriptions to a charitable dispensary or hospital
or any other object of public utility shall not be less than a specifed 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 the ship to enable
him to preserve the ship or prosecute her voyage.
The same duty as a Bond
(No. 15) 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).
Five rupees.
18. CERTIFICATE OF SALE (in respect of each property put up as a
separate lot and sold) granted to the purchaser of any property sold by public
auction by a Civil or Revenue Court, or Collector or other Revenue-officer—
(a) where the purchase-money does not exceed Rs. 10; Two annas.
(b) where the purchase-money exceeds Rs. 10 but does not
exceed Rs. 25;
Four annas.
any other case ....................... The same duty as a
conveyance (No. 23) for a consideration
equal to the amount of the purchase-money
only.
77
19. CERTIFICATE OR OTHER DOCUMENT1[(except the certificate
or other document covered under Articles 27 and 56A)” 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.
2* * * *.
3 [Two anna].
20. CHARTER-PARTY, that is to say, any instrument (except 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.
One rupee.
4* * * * *
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 licence, for the
benefit of his creditors.
23. CONVEYANCE [as defined by section 2 (10)] not being a
Transfer charged or exempted under No. 62,—
Ten rupees.
where the amount or value of the consideration for such
conveyance as set forth therein does not exceed Rs. 50:
Eight annas.
where it exceeds Rs. 50 but does not exceed Rs. 100.
Ditto 100 ditto 200 Two rupees.
Ditto 200 ditto 300 Three rupees.
Ditto 300 ditto 400 Four rupees.
Ditto 400 ditto 500 Five rupees.
Ditto 500 ditto 600 Six rupees.
Ditto 600 ditto 700 Seven rupees.
Ditto 700 ditto 800 Eight rupees.
Ditto 800 ditto 900 Nine rupees.
Ditto 900 ditto 1,000 Ten rupees.
and for every Rs. 500 or part thereof in excess of Rs. 1,000
Exemption
5[(a)Assignment of copyright by entry made under the 6Indian Copyright Act,
1847 (20 of 1847) section 5.]
7[(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.)
5[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).
One rupees.
Five rupees.
Ninety per cent. of the duty as a Conveyance (No.
23).]
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. The words, brackets and figures “See also LETTER OF ALLOTMENT OF SHARES (No. 36)” omitted by s. 21, ibid.
(w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923 s. 2, for “One anna”.
4. Art. 21 omitted by Act 5 of 1927, s. 5.
5. Certain words and figure numbered as clause (a) thereof by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
6. See now the Copyright Act, 1957 (14 of 1957).
7. Ins. by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
78
Description of Instrument Proper Stamp-duty
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 rupee;
(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.
1 [(b) Copy of, or extract from, any register relating to births,
baptisms, namings, dedications, marriages, 2 [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;
(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 ..........................
3[27. DEBENTURE—[as defined by section 2(10A)]
(see section 9A and 9B)
(a) in case of issue of debenture;
(b) in case of transfer and re-issue of debenture.
Eight annas.
One rupee.
The same duty as is payable on the
original.
One rupee.
The same duty as a Bond (No. 15) for
such amount.
Five rupees.
0.005%
0.0001%]
1. Subs. by Act 5 of 1906, s. 7, for clauses (b) and (c).
2. Ins. by Act 10 of 1914, s. 2 and the First Schedule.
3. Subs. by Act 7 of 2019, s. 21, for article 27 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
79
Explanation.—The term “Debenture” includes any interest coupons
attached thereto but the amount of such coupons shall not be included in
estimating the duty.
Exemption
A debenture issued by an incorporated company or other body
corporate in terms of a registered mortgage-deed, duly stamped in
respect of the full amount of debentures to be issued thereunder,
whereby the company or body borrowing makes over, in whole or in
part, their property to trustees for the benefit of the debenture holders:
Provided that the debentures so issued are expressed to be issued in
terms of the said mortgage-deed.
See also BOND (NO. 15): and sections 8 and 55.
28. DELIVERY ORDER IN RESPECT OF GOODS,1[(excluding
delivery order in respect of settlement of transactions in securities in
stock exchange)] 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 exceed
in value twenty rupees.
DEPOSITOFTITLE-DEEDS2[SEE AGREEMENT RELATINGTO DEPOSITOFTITLE-
DEEDS PAWN OR PLEDGE (NO. 6)].
DISSOLUTION OF PARTNERSHIP See PARTNERSHIP (No. 46).
29. DIVORCE.—Instrument of, that is to say, any instrument by which any
person effects the dissolution of his marriage.
DOWER—Instrument of See SETTLEMENT (No. 58).
DUPLICATE. See COUNTERPART (No. 25).
30. ENTRY AS AN ADVOCATE, VAKIL OR ATTORNEY ON
THE ROLL OF ANY HIGH COURT3[under the Indian Bar Councils
Act, 1926 (38 of 1926) or] in exercise of powers conferred on such court
by Letters patent or by the 4Legal Practitioners Act, 1884 (9 of 1884)—
(a) in the case of an Advocate or Vakil……….
(b) in the case of an Attorney……..
Exemption
entry of an advocate, vakil or attornery on the roll of any High court
when he has previously been enrolled in a High Court.
5 * * *
31. EXCHANGE OF PROPERTY.—Instrument of.
EXTRACT. See Copy (No. 24).
**
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 15 of 1904, s. 8, for “See Agreement by way of Equitable Mortgage (No. 6)”.
3. Ins. by Act 38 of 1926, s. 19 and the Sch.
4. Since repealed.
5. The entry “EQUITABLE MORTGAGE” omitted by Act 15 of 1904, s. 8.
80
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);
(b) when such mortgage is one of the description 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 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).
34. INDEMNITY-BOND..............
INSPECTORSHIP-DEED See COMPOSITION-DEED (No. 22)
INSURANCE. See POLICY OF INSURANCE
(No. 47).
35. LEASE, including an under-lease or sub-lease and any agree-
ment 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 three years;
(iii) where the lease purports to be for a term in excess of three
years;
(iv) where the lease does not purport to be for any definite term;
(v) where the lease purports to be in perpetuity;
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 Bond (No. 15) 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 a Bond (No.15) for the
whole amount payable or deliverable
under such lease.
The same duty as Bond (No. 15) 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 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. 23)
for a consideration equal to one-fifth of
the whole amount of rents which would be
paid or delivered in respect of the first
fifty years of the lease.
81
(b) where the lease is granted for a fine or premium
or for money advanced and where no rent is reserved;
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount or value of such
fine or premium or advance as set forth in the lease.
(c) where the lease is granted for a 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 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 eight annas.
Exemptions
(a)Lease, executed in the case of a cultivator and
for the purposes of cultivation (including a lease of trees
for the production of food or drink) without the payment
or delivery of any fine or premium, when a definite term
is expressed and such term does not exceed one year, or
when the average annual rent reserved does not exceed
one hundred rupees.
1* * * * *
2[36. LETTER OF ALLOTMENT in respect of
any loan to be raised by any company or proposed
company.]
3[Two annas.],
4[37. LETTER OF CREDIT, that is to say
any instrument by which one person authorizes
another to give credit to the person in whose favour it
is drawn.
LETTER OF GUARANTEE, See AGREEMENT (No. 5).
5[Two rupees.]
38. LETTER OF LICENCE, 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.
Ten rupees.
39. MEMORANDUM OFASSOCIATION OFA
COMPANY—
(a) if accompanied by articles of association under
section 37 of the 6 Indian Companies Act, 1882 (6 of
1882);
Fifteen rupees.
(b) if not so accompanied Forty rupees.
1. Exemption (b) omitted by the A.O. 1937.
2. Subs. by Act 7 of 2019, s. 21, for Article 36 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923, s. 2, for “one anna”.
4. Subs. by notification No. S.O. 130 (E), dated 28-1-2004, for article 37.
5. Subs. by Act 32 of 1985, s. 50 (w.e.f. 1-7-1985).
6. See now the Companies Act, 1956 (1 of 1956).
82
Description of Instrument Proper Stamp-duty
Exemption
Memorandum of any association not formed for profit
and registered under section 26 of the 1Indian Com-
panies Act, 1882 (6 of 1882).
40. MORTGAGE-DEED, not being 2[an AGREEMENT
RELATING-TO DEPOSITOF TITLE-DEEDS, PAWN OR
PLEDGE (NO. 6)], BOTTOMRY BOND (NO. 16),
MORTGAGE OF A CROP (NO. 41), RESPONDENTIA BOND
(No. 56), OR SECURITY BOND (NO. 57)—
(a) when possession of the property or any part
of the property comprised in such deed is given by
the mortgagor or agreed to be given;
(b) when 3***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.
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount secured by such
deed.
The same duty as a Bond (No. 15) for the
amount secured by such deed.
(c) when a collateral or auxiliary or additional
or substituted security, or by way of further
assurance for the abovementioned 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 of Rs. 1,000.
Exemptions
(1) Instruments, executed by person taking
advances under the Land Improvement Loans Act, 1883
(19 of 1883), or the Agriculturists' Loan Act, 1884 (12
of 1884), or by their sureties as security for the
repayment of such advances.
(2) Letter of hypothecation accompanying a bill of exchange.
4 * * *
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;
Eight annas.
Eight annas.
* *
One anna.
One anna.
1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 15 of 1904, s. 8, for “AN AGREEMENTTO MORTGAGE (NO. 6)”.
3. The words “At the time of execution” omitted by s. 8, ibid.
4. Exemption (3) omitted by s. 8, ibid.
83
1. Subs. by Act 5 of 1906, s. 7, for “one year”
2. Subs. by Act 15 of 1904, s. 8, for “Four annas”.
3. Subs. by Act 6 of 1910, s. 3, for article 43.
Description of Instrument Proper Stamp-duty
(b) when the loan is repayable more than three months, but
not more than 1 [eighteen months], from the date of the
instrument—
for every sum secured not exceeding Rs. 100 and for 2[Two annas.]
every Rs. 100 or part thereof secured in excess of Rs. 100. 2[Two annas.]
42. NOTARIAL ACT, that is to say, any instrument,
endorsement, note, attestation, certificate or entry not being a
PROTEST (No. 50) made or signed by a Notary Public in the
execution of the duties of his office, or by any other person
lawfully acting as a Notary Public.
See also PROTEST OF BILL OR NOTE (No. 50).
One rupee.
3[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;
Two annas.
(b) of any stock or marketable security exceeding in
value twenty rupees;
Subject to a maximum of ten rupees, one
anna for every Rs. 10,000 or part thereof
the value of the stock or security.]
44. NOTE OF PROTEST BY THE MASTER OF
A SHIP.
See also PROTESTBY THE MASTER OF A SHIP(No. 51).
ORDER FOR THE PAYMENT OF MONEY.
See BILL OF EXCHANGE (No. 13).
Eight annas.
45. PARTITION— Instrument of [as defined by
s. 2 (15)]
The same duty as a Bond
(No. 15) for the amount of the value of
the separated share or shares of the
property.
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
shares, then one of such equal shares)
shall be deemed to be that from which
the other shares are separated:
Provided always that—
(a) when an instrument of partition
containing an agreement to divide
property in severalty is executed and a
partition is effected in pursuance of
such agreement, the duty chargeable
upon the instrument effecting such
partition shall be reduced by the
amount of duty paid in respect of the
first instrument, but shall not be less
than eight annas;
84
Description of Instrument Proper Stamp-duty
(b) where land is held on
revenue settlement for a period
not exceeding thirty years and
paying the full assessment, the
value for the purpose of duty
shall be calculated at not more
than 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 eight annas.
46. PARTNERSHIP—
A—INSTRUMENT OF—
(a) where the capital of the partnership does not Two rupees eight annas.
exceed Rs. 500;
(b ) in any other case…………………… Ten rupees.
B.—DISSOLUTION OF…………………………
1[PAWN OR PLEDGE. See AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS. PAWN OR PLEDGE (NO. 6).]
47. POLICY OF INSURANCE—
2[A.—SEA INSURANCE [see section 7] of Indian Stamp Act, 1899
(2 of 1899)]
(1) for or upon any voyage—
Five rupees.
If drawn
singly
If drawn in duplicate,
for each part
(i) where the premium or consideration does not
exceed the rate of 3*** one-eighth per centum of the
amount insured by the policy;
4[Ten naye
paise]
5[Five naye paise]
(ii) in any other case, in respect of every full sum of
6 [one thousand five hundred rupees] and also any
fractional part of 6[one thousand five hundred rupees]
insured by the policy;
4[Ten naye
paise]
5[Five naye paise]
1. Ins. by Act 15 of 1904, s. 8.
2. Subs. by Act 5 of 1906, s. 7, for Division A and B.
3. The words “Fifteen nayepaise or” omitted by Act 14 of 1961, Section 16, the words in italics were subs. by Act 19 of 1958, s.
12, for “two annas” (w.e.f.1-10-1958).
4. Subs. by Act 19 of 1958, s. 13, for “one anna” (w.e.f. 1-10-1958).
5. Subs. s. 13, ibid., for “half an anna” (w.e.f. 1-10-1958).
6. Subs. Act 18 of 1928, s. 2 and the First Schedule, for “one thousand rupees”.
5. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
85
Description of Instrument Proper Stamp-duty
(2) for time—
(iii) in respect of every full sum of one thousand
rupees and also any fractional part of one thousand
rupees insured by the policy—
where the insurance shall be made for any time
not exceeding six months;
1[Fifteen naye
paise]
2[Ten naye paise]
where the insurance shall be made for any time
exceeding six months and not exceeding twelve
months.
3[Twenty-five
naye paise]
1[Fifteen naye
paise]
B.— 4 [Fire-Insurance and other classes of insurance, not
elsewhere included in this article, covering goods,
merchandise, personal effects, crops and other property
against loss or damage] —
(1) in respect of an original policy—
(i) when the sum insured does not exceed
Rs. 5,000;
5[Fifty naye paise]
(ii) in any other case; and One rupees.
(2) in respect of each receipt for any payment of a
premium on any renewal of an original policy.
C.—ACCIDENT AND SICKNESS INSURANCE—
One-half of duty payable in respect of
the original policy in addition to the
amount if any, chargeable under No.
53.
(a) against railway accident, valid for a single
journey only.
2[Ten naye paise]
Exemption
When issued to a passenger travelling by the
intermediate or the third class in any railway;
(b) in any other case—for the maximum amount
which may become payable in the case of any single
accident or sickness where such amount does not exceed
Rs. 1,000, and also where such amount exceeds Rs.
1,000, for every Rs. 1,000 or part thereof.
1[Fifteen naye paise]:
6[Provided that, in case of a policy of
insurance against death by accident
when the annual premium payable
does not exceed 7 [Rs. 2.50] per Rs.
1,000, the duty on such instrument
shall be 2[Ten naye paise] for every Rs.
1,000 or part thereof of the maximum
amount which may become payable
under it.]
1. Subs. by Act 29 of 1958, s. 13, for “Two anna” (w.e.f. 1-10-1958).
2. Subs. by s. 13, ibid., for “One anna” (w.e.f. 1-10-1958).
3. Subs. by s. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
4. Subs. by Act 43 of 1923, s. 2, for “FIRE-INSURANCE.”
5. Subs. by Act 19 of 1958, s. 13, for “Eight annas” (w.e.f. 1-10-1958).
6. Added by Act 18 of 1928, s. 2 and Schedule.
7. Subs. by Act 19 of 1958, s. 13, for “2.8-0” (w.e.f. 1-10-1958).
86
Description of Instrument Proper Stamp-duty
1 [CC.—INSURANCE BY WAY OF INDEMENITY against
liability to pay damages on account of accidents to workmen
employed by or under the insurer or against liability to pay
compensation under the Workmen's Compensation Act, 1923 (8 of
1923), for every Rs. 100 or part thereof payable as premium.
2[Ten naye paise]
3 [D.—LIFE INSURANCE 4 [OR GROUP INSURANCE
OR OTHER INSURANCE] NOT SPECIFICALLY
PROVIDED FOR, except such a RE-INSURANCE, as is
described in Division E of this article—
If drawn singly
If drawn in duplicate for
each part.
(i) for every sum insured not exceeding Rs. 250; 5[Fifteen naye
paise]
2[Ten naye paise]
(ii) for every sum insured exceeding Rs. 250 but not
exceeding Rs. 500;
6[Twenty five
naye paise]
5[Fifteen naye paise]
(iii) for every sum insured exceeding Rs. 500 but not exceeding
Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of
Rs. 1,000.
7[Forty naye paise] 8[Twenty naye paise]
9 [N.B.—If a policy of group insurance is
renewed or otherwise modified whereby the
sum insured exceeds the sum previously
insured on which stamp-duty has been paid, the
proper stamp must be borne on the excess sum
so insured.]
Exemption
Polices of life-insurance granted by the Director-
General of Post Offices in accordance with rules for Postal
Life-Insurance issued under the authority of the Central
Government.]
E.—RE-INSURANCE BY AN INSURANCE COMPANY,
which has granted a POLICY of the nature specified in
Division A or Division B of this Article, 10 with another
company by way of indemnity or guarantee against the
payment on the original insurance of a certain part of the sum
insured thereby.
One-quarter of the duty payable in respect
of the original insurance but not less than
2[ten naye paise] or more than one rupee:
11[Provided that if the total amount of duty
payable is not a multiple of five naye
paise, the total amount shall be rounded off
to the next higher multiple of five naye
paise].
1. Ins. by Act 15 of 1925, s. 2.
2. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958).
3.Subs. by Act 18 of 1928, s. 2, and the First Schedule for Division D.
4. Subs. by Act 43 of 1955, s. 7, for “or other insurance” (w.e.f. 1-4-1956).
5. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
6. Subs. by s. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
7. Subs. by s. 13, ibid., for “Six annas” (w.e.f. 1-10-1958).
8. Subs. by s. 13, ibid., for “Three annas” (w.e.f. 1-10-1958).
9. Ins. by Act 43 of 1955, s. 7 (w.e.f. 1-4-1956).
10. Subs. by Act 43 of 1923, s. 2, for “of Sea-Insurance or a policy of Fire Insurance”.
11. Ins. by Act 14 of 1961, s. 16.
87
1. See now the Indian Registration Act, 1908 (16 of 1908).
2. Subs. by Act 43 of 1923, s. 2, for Article 49.
3. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958).
Description of Instrument Proper Stamp-duty
General Exemption
Letter of cover or engagement to issue a
policy of insurance:
Provided that, unless such letter or
engagement bears the stamp prescribed by
this Act for such policy, nothing shall be
claimable thereunder, nor shall it be available
for any purpose, except, to compel the
delivery of the policy therein mentioned.]
48. POWER-OF-ATTORNEY [as defined
by section 2(21)],not being a PROXY (No. 52),—
(a) when executed for the sole purpose of
procuring the registration of one or more
documents in relation to a single transaction or
for admitting execution of one or more such
documents;
Eight annas.
(b) when required in suits or proceedings
under the Presidency Small Cause Courts Act,
1882 (15 of 1882);
Eight annas.
(c) when authorizing one person or more
to act in a single transaction other than the
case mentioned in clause (a);
One rupee.
(d) when authorizing not more than five
persons to act jointly and severally in more
than one transaction or generally;
Five rupees.
(e) when authorizing more than five but
not more than ten persons to act jointly and
severally in more than one transaction or
generally;
Ten rupees.
(f)when given for consideration and
authorizing the attorney to sell any immovable
property;
The same duty as a Conveyance (No. 23) for
the amount of the consideration.
(g) in any other case……………………
One rupee for each person authorized.
N.B.—The term “registration” includes every
operation incidental to registration under the 1Indian
Registeration Act, 1877 (III of 1877).
Explanation.—For the purposes of this article
more persons than one when belonging to the same
firm shall be deemed to be one person.
2[49. Promissory note [as defined by section
2(22)]
(a) when payable on demand—
(i)when the amount or value does not
exceed Rs. 250;
3[Ten naye paise]
88
1. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
2. Subs. by S. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
3. Subs. by Act 32 of 1994, s. 99, for “Twenty paise” (w.e.f. 13-5-1994).
4. Subs. by Act 23 of 2004, s. 117, for “five hundred rupees”.
5. Subs. by Act 18 of 1928, s. 2 and the First Schedule, for “or exempted”.
6. Ins. by s. 2 and the First Schedule, ibid.
Description of Instrument Proper Stamp-duty
(ii) when the amount or value exceeds Rs. 250
but does not exceed Rs. 1,000;
1[Fifteen naye paise]
(iii) in any other case 2[Twenty-five naye paise]
(b) when payable otherwise than on demand—
50. PROTEST OF BILL OR NOTE, that is to say,
any declaration in writing made by a Notary Public, or other
person lawfully acting as such, attesting the dishonour of a
bill of exchange or promissory note.
The same duty as a Bill of Exchange
(No. 13) for the same amount
payable otherwise than on demand.]
One rupee.
One rupee.
3[Thirty paise]
3[One rupee]
51. PROTEST BY THE MASTER OF A SHIP, that is to say,
any declaration of the particulars of her voyage drawn up by him with
a view to the adjustment of losses or the calculation of averages, and
every declaration in writing made by him against the characterers or
the consignees for not loading or unloading the ship, when such
declaration is attested or certified by a Notary Public or other person
lawfully acting as such,
See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44).
52. PROXY, empowering any person to vote at any one election of
the members of a district or local board or of a body of municipal
commissioners, or at any one meeting of (a) members of an incorporated
company or other body corporate whose stock or funds is or are divided
into shares and transferable, (b)a local authority, or (c)proprietors,
members or contributors to the funds of any institution.
53. RECEIPT [as defined by section 2(23)] for any money or
other property the amount or value of which exceeds 4[five thousand
rupees.]
Exemptions
Receipt—
(a) endorsed on or contained in any instrument duly stamped
5[or any instrument exempted] under the proviso to section 3
(instruments executed on behalf of the Government) 6 [or any
cheque or bill of exchange payable on demand] acknowledging
the receipt of the consideration-money therein expressed, or the
receipt of any principal-money, interest or annuity, or other
periodical payment thereby secured;
(b)for any payment of money without consideration;
89
1. Subs. by the Andhra (Adaptation of Law on Union Subjects) Order, 1954, for “In the Presidencies of Fort St. George and
Bombay” (w.e.f. 1-10-1953).
2. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
3. Ins. by Act 35 of 1934, s. 2 and the Schedule.
4. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “or soldiers”.
5. Subs. by s. 2 and the First Schedule ibid., for “Her Majesty’s Army or Her Majesty’s Indian Army”.
6. Subs. by the A.O. 1950, for “His Majesty’s”.
7. Subs. by Act 10 of 1927, s. 2, and the First Schedule for “either of the said Armies”.
Description of Instrument Proper Stamp-duty
(c) for any payment of rent by a cultivator on
account of land assessed to Government revenue,
or1[in the States of Madras, Bombay and Andhra] 2[as
they existed immediately before the 1st November,
1956] of in am lands;
(d) for pay or allowances by non-commissioned 3[or petty],
officers, 4 [soldiers, 3[sailors] or airmen] of 5 [ 6 [the Indian]
military, 3[naval] or air forces], when serving in such capacity,
or by mounted police-constables;
(e) given by holders of family-certificates in cases where
the person from whose pay or allowances the sum comprised
in the receipt has been assigned is a non-commissioned 3[or
petty] officers 4[soldier, 3[sailor] or airmen] of 7[any of the
said forces], and serving in such capacity;
(f) for pensions or allowances by persons receiving
such pensions or allowances in respect of their service as
such non-commissioned 3[or petty] officer, 4[soldiers,
3[sailors] or airmen] and not serving the Government in
any other capacity;
(g) given by a headman or lambardar for land-
revenue or taxes collected by him;
(h) given for money or securities for money
deposited in the hands of any banker, to be accounted
for:
Provided that the same is not expressed to be
received of, or by the hands of, any other than the person
to whom the same is to be accounted for:
Provided also that this exemption shall not extend to a
receipt or acknowledgment for any sum paid or deposited
for or upon a letter of allotment of a share, or in respect of
a call upon any scrip or share of, or in, any incorporated
company or other body corporate or such proposed or
intended company or body or in respect of a debenture
being a marketable security.
90
1. Ins. by Act 5 of 1906, s. 7.
2. Ins. by Act 15 of 1904, s. 8.
3. Ins. by Act 7 of 2019, s. 21 (w.e.f.1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
Description of Instrument Proper Stamp-duty
1[SEE ALSO POLICY OF INSURANCE [NO. 47-B (2).]
54. RECONVEYANCE OF MORTGAGED PROPERTY—
(a) if the consideration for which the property was mortgaged
does not exceed Rs. 1,000;
(b) in any other case............................
55. RELEASE, that is to say, any instruments 2[(not being such
a release as is provided for by section 23A)] whereby a person
renounces a claim upon another person or against any specified
property—
(a) if the amount or value of the claim does not exceed Rs.
1,000;
(b)in any other case…………………….
56. RESPONDENTIA BOND, that is to say, any instrument
securing a loan on the cargo laden or to be laden on board a ship
and making repayment contingent on the arrival of the cargo at the
port of destination.
REVOCATION OF ANY TRUST OR SETTLEMENT
See SETTLEMENT(No. 58); TRUST(No. 64)
3 [56A. SECURITY OTHER THAN DEBENTURES
(see sections 9A and 9B)—
(a) issue of security other than debenture;
(b) transfer of security other than debenture on delivery
basis;
(c) transfer of security other than debenture on non-
delivery basis;
(d) derivatives—
(i) futures (equity and commodity)
(ii) options (equity and commodity)
(iii) currency and interest rate derivatives
(iv) other derivatives
(e) Government securities
(f) repo on corporate bonds
57. SECURITY BOND OR MORTGAGE-DEED, executed by
way of security for the due execution of an office, or to account for
money or other property received by virtue thereof or executed by a
surety to secure the due performance of a contract,—
(a) when the amount secured does not exceed Rs. 1,000;
(b)in any other case……………………………..
Exemptions
Bond or other instrument, when executed—
(a) by headmen nominated under rules framed in accordance
with the Bengal Irrigation Act, 1876 (Ben. Act 3 of 1876), section
99, for the due performance of their duties under that Act;
(b) by any person for the purpose of guaranteeing that the local
income derived from private subscriptions to a charitable dispensary
or hospital or any other object of public utility shall not be less than a
specified sum per mensem;
The same duty as a conveyance (No. 23) for the amount of
such consideration as set forth in the Reconveyance.
Ten Rupees.
The same duty as a Bond (No. 15) for such amount or value
as set forth in the Release.
Five rupees.
The same duty as a Bond (No. 15) for the amount of the loan
secured.
0.005%
0.015%
0.003%
0.002%
0.003%
0.0001%
0.002%
0%
0.00001%]
The same duty as a Bond (No. 15) for the amount secured.
Five rupees.
91
1. Subs. by the A.O. 1937, for “Governor of Bombay in Council”.
2. Subs. ibid., for “Government”.
3. Subs. by the A.O. 1950, for “Crown”.
4. Exemption (b) omitted by the A.O. 1937.
5. See now the Companies Act, 1956 (1 of 1956).
6. Subs. by Act 6 of 1910, s. 3, for “Three-quarters of”.
7. See now the Companies Act, 1956 (1 of 1956).
8. Subs. by Act 6 of 1910, s. 3, for “three-quarters of”.
(c) under No. 3A of the rules made by the 1[State
Government] under section 70 of the Bombay Irrigation
Act, 1879) (Bom. Act V of 1879);
(d) executed by persons taking advances under the
Land Improvement Loans Act, 1883 (19 of 1883), or the
Agriculturists’ Loan Act, 1884 (12 of 1884), or by their
sureties, as security for the repayment of such advances;
(e) executed by officers of 2[the 3[Government]] or
their sureties to secure the due execution of an office or
the due accounting for money or other property received
by virtue thereof.
58. SETTLEMENT—
A.—INSTRUMENT OF, (including a deed of dower).....
Exemptions
(a) Deed of dower executed on the occasion of a
marriage between Muhammadans.
The same duty as a Bond (No. 15) for a sum equal
to the amount or value of the property settled as set
forth in such settlement:
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 eight annas.
4* * * * *
B.— REVOCATION OF—................
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 of Revocation but not exceeding
ten rupees.
See also TRUST (No. 64).
59. SHARE WARRANTS to bearer issued under the
5Indian Companies Act, 1882 (6 of 1882).
6[One and a half times] the duty payable on a
Conveyance (No. 23) for a consideration
equal to the nominal amount of the shares
specified in the warrant.
Exemptions
Share warrant when issued by a company in
pursuance of the 7Indian Companies Act, 1882 (6 of
1882), section 30, to have effect only upon payment, as
composition for that duty, to the Collector or Stamp-
revenue, of—
(a) 8 [one and a half] per centum of the whole
subscribed capital of the company, or
(b) if any company which has paid the said duty or
composition in full, subsequently issues an Addition to
its subscribed capital—8[one and a half] per centum of
the additional capital so issued.
92
1. Article 62 item (a) and (b) omitted by Act 7 of 2019, s. 21 (w.e.f. 1-4-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020].
2. See now the Administrator General’s Act, 1963 (45 of 1963).
SCRIP, See CERTIFICATE (No. 19).
60. SHIPPING ORDER for or relating to the
conveyance of goods on board of any vessel.
One anna.
61. SURRENDER OF LEASE—
(a)when the duty with which the lease is chargeable does not
exceed five rupees;
The duty with which such lease is chargeable.
(b) in any other case………………….. Five rupees.
Exemption
Surrender of lease, when such lease is exempted from duty.
62. TRANSFER (whether with or without consideration)—
1* * * *
* * * *
(c) of any interest secured by a bond, mortgage-deed or
policy of insurance,—
(i) if the duty on such bond, mortgage-deed or
policy does not exceed five rupees;
The duty with which such bond, mortgage-deed
or policy of insurance is chargeable.
(ii) in any other case……………….. Five rupees.
(d)of any property under the 2Administrator General’s Act,
1874 (2 of 1874), section 31;
Five rupees.
(e)of any trust-property without consideration from one
trustee to another trustee or from a trustee to a beneficiary.
Five rupees or such smaller amount as may be
chargeable under clauses (a)to (c)of this Article.
Exemptions
Transfers by endorsement—
(a) of a bill of exchange, cheque or promissory
note;
(b) of a bill of lading, delivery order, warrant for
goods, or other mercantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government. See also
section 8.
63. TRANSFER OF LEASE by way or assignment
and not by way of under-lease.
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount of the
consideration for the transfer.
Exemption
Transfers of any lease exempt from duty.
64. TRUST—
A. — DECLARATION OF—of, or concerning, any property when made by any writing not
being a WILL.
The same duty as a Bond (No. 15) for a sum equal to the amount or value of the
93
property concerned as set forth in the instrument but not exceeding fifteen rupees.
B.—REVOCATION OF—of, or concerning, any
property when made by any instrument other than a WILL.
The same duty as a Bond (No. 15) for a sum equal
to the amount or value of the property concerned as
set forth in the instrument but not exceeding ten
rupees.
Four annas.
See also SETTLEMENT (No. 58).
VALUATION, See APPRAISEMENT (No. 8).
VAKIL, See ENTRY AS A VAKIL (No. 30).
65. WARRANT FOR GOODS, that is to say, any
instrument evidencing the title of any person therein named,
or his assigns, or the holder thereof, to the property in any
goods lying in or upon any dock, warehouse or wharf, such
instrument being signed or certified by or on behalf of the
person in whose custody such goods maybe.
94
STATE AMENDMENT
Assam
Amendment of Schedule I of Act II of 1899.—In Schedule I to the principal Act, for item No. 23,
the following shall be substituted, namely:—
Description of Instrument Proper Stamp-duty
23. Conveyance [as defined by section 2 (10)] not
being a Transfer Charged or exempted under No. 62
Where the amount or value of the consideration
for such conveyance as set forth therein does not
exceed Rs. 50.
Two rupees and fifty paise.
Where it exceeds Rs. 50 but does not exceed Rs.
100;
Five Rupees
Where it exceeds Rs. 100 but does not exceed Rs.
200;
Ten rupees
Where it exceed Rs. 200 but does not exceed Rs.
300;
Twelve rupees
Where it exceed Rs. 300 but does not exceed Rs.
400;
Twenty rupees
Where it exceed Rs. 400 but does not exceed Rs.
500;
Twenty-two rupees
Where it exceed Rs. 500 but does not exceed Rs.
600;
Twenty-eight rupees.
Where it exceed Rs. 600 but does not exceed Rs.
700;
Thirty-two rupees.
Where it exceed Rs. 700 but does not exceed Rs.
800;
Thirty-seven rupees
Where it exceed Rs. 700 but does not exceed Rs.
900;
Forty-two rupees
Where it exceed Rs. 900 but does not exceed Rs.
1,000;
Forty-six rupees.
For every Rs. 500 or part thereof in excess of Rs.
1,000;
Twenty-three rupees
Where it excels Rs. 50,000 but does not exceed
Rs. 90, 000;
Sixty rupees for every on thousand rupees.
Where it exceeds Rs. 90, 000 but does not exceed
Rs. 1, 50, 000;
Eighty rupees for every one thousand
rupees.
and where it exceeds Rs. 1, 50, 000; One hundred rupees for every one
thousand rupees.
95
Provided that where the “instrument” or the conveyance is in respect of an Industrial loan, certified as
such by the Director of Industries, Assam, the Stamp duty shall be half of the above rate.
Exemption
Assignment of copyright under the Indian Copyright Act, 1957 (Act XIV, 1957).
Co-partnership Deed-See partnership (No. 46)”.
[Vide Assam Act 6 of 1990, s. 2]
Assam
Amendment of Schedule I.—In the principal act, in Schedule-I, for item No. 23, the following shall
be substituted, namely:—
Description of Instrument Proper Stamp-duty
“23. Conveyance [as defined by Section -
2(10)], not being a Transfer, charged or
exempted under No. 62.
Five percent. of the market value of the property
for such conveyance made in favour of women and
six percent for others.”
[Vide Assam Act 19 of 2008. s. 2]
Assam
Amendment of Schedule-I
Description of Instrument Proper Stamp-duty
“23. Conveyance [as defined by Section -
2(10)], not being a Transfer, charged or
exempted under No. 62.
Two percent. of the market value of the property
for such conveyance made in favour of women
soley or jointly with others and three percent for
others.”
[Vide Act 9 of 2013, s. 2]
Assam
Amendment of Schedule-I of Act II of 1899.—In the principal Act, in Schedule-I, for item Nos.1-5,
12, 15-20, 22-26, 28-29, 31, 33, 34-36, 38-40, 42-43, 45, 46, 48, 54, 57-58, 60, 61, 63-65, the following
shall be substituted, namely:—
Sl. No. Description of Instrument Proper Stamp-duty
(1) (2) (3)
1. Acknowledgement Fifty Rupees
2. Administration Bond including Bond given under
Section 6 of the Government Saving Bank Act, 1873 or
Section 291 or Section 376 of the Indian Succession Act,
1925:
(a) Where the amount does not exceed Rs. 1,000. The same duty as a bond (No.
15) for such amount
(b) In any other case. Twenty rupees
3.
Adoption Deed
Two hundred rupees
4. Affidavit
Fifteen rupees
5. Agreement or memorandum of an Agreement:
(a) If relating to sale of a bill of exchange.
Five rupees.
96
(b) If relating to sale of a Government Security. Subject to maximum of Rs.
100 for every Rs. 10,000 or
part thereof of the value of
Security.
(c) if relating to purchase or sale of shares, scripts,
stocks, bonds, debentures, debenture stocks or any other
marketable security of a like nature in or any
incorporated company or other body corporate-
(i) when such agreement or memorandum of an
agreement is with or through a member or between
members of a stock exchange recognised under the
Securities Contracts (Regulation) Act, 1956.
Three rupees for every Rs.
5000 or part thereof of the
value of the security at the
time of its purchase or sales as
the case may be.
(ii) in other cases Five rupees for every Rs.
5000 or part thereof of the
value of the security at the
time of its purchase or sale
as the case may be.
(d) If executed for service or for performance of work
in any estate whether held by one person or by more
persons than one as co-owners and whether in one or
more blocks and situated in Assam where the advance
given under such agreement does not exceed one
thousand rupees.
Five rupees.
Agreement to lease.
(e) if not, otherwise provided for Ten rupees.
12. Award:
(a) Where amount or value of the property to which
the award relates as set forth in such award, does not
exceed Rs. 1,000.
The same duty a Bond for
such amount
(b) if it exceeds Rs. 1,000 but does not exceeds Rs.
5,000.
Twenty rupees.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 5,000.
Two rupees subject to a
maximum of one hundred
and-thirteen rupees.
15. Bond as defined by Section 2(5)] not being debenture
(No. 27) and not being otherwise provided for by this
Act or by the Court Fees Act, 1870
Where the amount of value secured does not exceed
Rs. 500.
Ten rupees.
Where it exceeds Rs. 500 and does not exceed Rs.
1,000. and for every Rs. 500 or part thereof in excess
of Rs. 1,000.
Twenty rupees. Ten rupees.
16. Bottomry Bond that is to say, any instrument whereby
the master of sea going ship borrows money on the
security of a ship to enable him to preserve the ship or
persecute her voyage.
The same duty as a Bond
(No. 15) for such amount.
17. Cancellation instrument of (including any instrument by
which any previously executed is cancelled) if attested and
not otherwise provided for.
Thirty rupees.
97
Sl. No. Description of Instrument Proper Stamp-duty
18. Certificate of sale (in respect of each property put up
as a separate lot sold) granted to the purchaser of any
property sold by public auction by a Civil or Revenue
Court or Collector or Revenue Officer.
Same duty as on
Conveyance (No. 23) for a
market value of equal to the
amount of the purchase
money only.
19. Certificate or other document evidencing the right or title of
the holder thereof or any other person either to any shares,
script or stock in or of any incorporated company or other
body corporate or to become proprietor of shares, script or
stock in, or of any such company or body.
Five rupees.
20. Charter Party, that is to say, any instrument (except and
agreement for the hire of a tug steamer), whereby a vessel
or some specified principal part thereof is left for the
specified purpose of the charter whether it includes a
penalty clause or not.
Fifteen rupees.
22. Composition Deed that is to say, any instrument
executed by a debtor, whereby he conveys his
property for the benefit of his creditors or whereby
payment of a composition or dividend on their debts is
secured to the creditors or whereby provision is made
for the continuance of the debtor business, under the
supervision of inspectors or under letters of License
for the benefit of his creditors
Seventy five rupees.
23. Conveyance [as defined by Section-2(10)], not being a
Transfer, charged or exempted under No. 62.
Where the market value of the property for such
conveyance as set forth therein does not exceed Rs.
1000.
Fifty rupees.
Where it exceeds Rs. 1000 but does not exceed Rs.
10,000.
Sixty rupees per thousand or
part thereof
Where it exceeds Rs. 10, 000 but does not exceed Rs.
5,0000.
Sixty five rupees per
thousand or part thereof
Where it exceeds Rs. 5,0000 but does not exceed Rs.
1,00,000.
Eighty rupees per thousand
or part thereof
And for every Rs. 1,000 or part thereof in excess of
Rs. 1, 00, 000.
One hundred twenty rupees.
Provided that where the instrument or the conveyance
is in respect of an industrial loan certified as such by
the Director of Industries, Assam the stamps duty
shall be half of the above rate.
24. Copy or extract certified to be true copy or extract by
or by order of any public officer and not chargeable
under the law for the time being in force relating to
court fees.
(i) If the original was not chargeable with duty or if
the duty with which it was chargeable does not exceed
two rupees.
Five rupees.
(ii) in any other case not falling within the provisions
of Section 6-A.
Ten rupees.
98
Sl. No. Description of Instrument Proper Stamp-duty
25. Counterpart or Duplicate of any instrument chargeable
with duty and in respect of which proper duty has
been paid.
(a) if the duty with which the original instrument is
chargeable does not exceed two rupees.
The same duty as is payable
on the original.
(b) in any other case not falling within the provisions
of Section 6A.
Ten rupees.
26. Customs Bonds-
(a) Where the amount does not exceed Rs. 1,000. The same duty as bond for
such amount.
(b) in any other case. Fifty rupees.
28. Delivery order in respect goods.
Five rupees.
29. Divorce instrument of, that is to say, any instrument
by which any person effects the dissolution of his
marriage.
Fifty rupees.
31. Exchange of property, instrument of The same duty as
conveyance (No. 23) for
market value equal to the
market value of the property
of greatest value as set forth
in such instrument.
33.
Gift instrument of not being a settlement (No. 58) or
will or transfer (No. 62).
The same duty as
conveyance (No. 23) for
market value equal to the
market value of the property
of greatest value as set forth
in such instrument.
34. Indemnity Bond
The same duty as security
bond for the same amount.
35. Lease-including an under lease or sub-lease and any
agreement to let or sub-let-
(a) Where by such lease is fixed and no premium is
paid or delivered.
(i) Where the lease purports to be for a term of less
than one year.
The same duty as a Bond
(No. 10) for the whole
amount payable or
deliverable under such lease.
(ii) Where the lease purports to be for a term of not
less than one year but not more than five year
The same duty as a Bond
(No. 15) for the amount or
value of the average annual
rent reserved.
(iii) Where the lease purports to be for a term
exceeding five years, and not exceeding ten years.
The same duty as a
conveyance (No. 23) for a
market value equal to the
amount or value of the
average annual rent reserved.
99
Sl. No. Description of Instrument Proper Stamp-duty
(iv) Where the lease purports to be for a term
exceeding ten years, but not exceeding twenty
years.
The same duty as a
conveyance (No. 23) for a
market value equal to twice
the amount or value of the
average annual rent reserved.
(v) Where the lease purports to be for a term
exceeding twenty years, but not exceeding thirty
years.
The same duty as a
conveyance (No. 23) for a
market value equal to three
times the amount or value of
the average annual rent
reserved.
(vi) Where the lease purports to be for a term exceeding
thirty years, but not exceeding one hundred years.
The same duty as a conveyance
(No. 23) for a market value
equal to four times the amount
or value of the average annual
rent reserved.
(vii) Where the lease purports to be for a term
exceeding one hundred years, or in perpetuity.
The same duty as a
conveyance (No 23) for a
market value equal in the
case of a lease granted solely
for agricultural purpose to
one-tenth and in any other
case to one-sixth of the
whole amount ofrents which
would be paid or delivered in
respect of the first fifty years
of the lease.
(viii) Where the lease does not purport to be for any
definite term
The same duty as a
conveyance (No. 23) for a
market value equal to three
times the amount or value of
the average annual rent
which would be paid or
delivered for the first ten
years if the lease continued
so long.
(b) Where the lease is granted for a fine or premium or
for money advanced and where no rent is reserved.
The same duty as a
conveyance (No. 23) for a
market value equal to the
amount or value of such fine
or premium or advance as set
forth in the lease.
100
Sl. No. Description of Instrument Proper Stamp-duty
(c) Where the lease is granted for' a fine or premium
or for money advanced in addition to rent reserved.
The same duty as a
conveyance (No. 23) for a
market value equal to the
amount or value of such fine
or premium or advance as set
forth in the lease, in addition
to the duty which would
have been payable on such
lease if no fine or premium
or advance had been paid or
delivered: Provided that, in
any case where an agreement
to lease is stamped with the
advalorem stamp required
for a lease and a lease in
pursuance of such agreement
is subsequently executed the
duty on which lease shall not
exceed two rupees.
Sl. No. Description of Instrument Proper Stamp-duty
Exemption.-Lease, executed in the case of cultivator
for the purpose of cultivation (including a lease of
trees for the production of food or drink) without the
payment or, delivery of any fine or premium, when a
definite term is expressed and such term does not
exceed one year, or when the average annual rent
reserved does not exceed one hundred rupees.
In this exemption a lease for the market purpose of
cultivation shall including a lease of lands for
cultivation together with a homestead or tank.
Explanation-When lease undertakes to pay any
recurring charge, such as Government revenue,
landlords share of cesses, or the owner's share of
municipal rates of taxes, which is by law recoverable
from the lessor, the amounts so agreed to be paid by
the lessee shall be deemed to be part of the rent.
36. Letter of allotment of shares in any company or
proposed company or in respect of any loan to be
raised by any company or proposed company.
Five rupees.
38. Letter of licence that is to say, any agreement between
a debtor and creditors that the letter shall for a
specified time suspend their claims and allow the
debtor to carry on business at his own discretion.
Fifty rupees.
101
Sl. No. Description of Instrument Proper Stamp-duty
39. Memorandum of Association of a Company--
(a) If accompanied by articles of Association under
Section 26, 27 and 28 of the Companies Act, 1958.
Two hundred rupees.
(b) If not so accompanied. Five hundred rupees.
40. Mortgage Deed not being an agreement relating to
Deposit of Title deeds pawn or pledge (NO. 6),
Bottomry Bond (No. 16), Mortgage of a Crop (No.
41), Respondentia Bond (No. 56), or Security Bond
(No. 57).
Five hundred rupees.
(a) When possession of the property or any part of the
property comprised in such deed is given by the
mortgagor on agreed to be given.
The same duty as a
conveyance (No. 23) for a
market value equal to the
amount secured by such
deed.
(b) When possession is not given or agreed to be given
as aforesaid.
The same duty as a Bond
(No. 15) for the amount
secured by such deed.
Explanation-A mortgagor who gives to the mortgagee
a power of attorney to collect rents or a lease of the
property mortgaged or part thereof is deemed to give
possession within the meaning of this article.
Sl. No. Description of Instrument Proper Stamp-duty
(c) (i) When a collateral or auxiliary or additional or
substituted security, or by way of further assurance for
the above mentioned purpose where the principal or
primary security is duly stamped for every sum
secured not exceeding Rs. 1,000.
Three rupees.
(ii) and for every Rs. 1,000 or part thereof secured
in excess of Rs. 1,000.
Exemptions:
Four rupees.
(1) Instruments executed by persons taking
advance under the Land Improvement Loans Act,
1983 or the Agriculturists Loans Act, 1884, or by
their sureties as security for the repayment of such
advances.
(2) Letter of hypothecation accompanying a bill of
exchange.
Act. XIX of 1883
42. Notarial Act, that is to say, instrument, endorsement,
note attestation certificate or entry not being a protest
(No. 50) made or signed by a Notary Public in the
execution of the duties of his office or by any other
person lawfully acting as not any public.
Fifteen rupees.
43. Note or Memorandum sent by a, Broker or Agent to
his Principal intimating the purchase or sale on
account of such principal.
102
Sl. No. Description of Instrument Proper Stamp-duty
(a) of any goods exceeding in value twenty rupees. Five rupees.
(b) of any stock or marketable security exceeding in
value twenty rupees.
Five rupees for every Rs.
10,000 or part thereof of the
value of the stock or
security.
44. Note of Protest by the Master of Ship. Ten rupees.
45. Partition-Instrument of [As defined by Section 2(15)]. The same duty as a Bond
(No. 15) for the amount or
the value of the separated
share or shares of the
property.
N.B.-The largest share remaining after the property is
partitioned (or if there are two or more shares of equal
value and not smaller than any of the other share then
one of such equal share) shall be deemed to be that
from which the other shares are separated. Provided
always that--
(a) When an instrument of partition containing an
agreement to divide property in severalty is executed
and a partition is effected in pursuance of such
agreement the duty chargeable upon the instrument
effecting such partition shall be reduced by the
amount of duty paid in respect of the first instrument,
but shall not be less than three rupees and thirty paise;
(b) Where land is held on revenue settlement for a
period not exceeding thirty years and paying the full
assessment, the value for the purpose of duty shall be
calculated at not more than fifty times the annual
revenue.
(c) Where a final order for effecting a partition passed by any
revenue authority or any Civil Court, or an award by an arbitrator
directing a partition is stamped with stamp required for an
instrument of partition and an instrument of partition in pursuance
of such order of award is subsequently executed the duty in such
instrument shall not exceed three rupees and thirty paise.
46. Partnership, A-Instrument of--
(a) Where the capital of the partnership does not exceed Rs. 1,000. The same as the Bond (No.
15).
(b) in any other case Rupees one hundred.
B-Dissolution of--
Power or Pledge-See Agreement relating to deposit of Title deeds
Power of Pledge (No. 6). Fifty rupees.
48. Power of Attorney (As defined by Section (21), not being proxy,
(a) When executed for the sole purpose of procuring the
registration of one or more documents in relation to a single
transaction or for admitting execution of one or more such
documents.
Fifteen rupees.
(b) When required in suit or proceedings under Presidency
Small Cause Courts Act, 1882.
Fifty rupees.
(c) When authorising one person or more to act in a single
transaction other than the case mentioned in clause (a).
One hundred rupees.
103
Sl. No. Description of Instrument Proper Stamp-duty
(d) When authorising not more than five persons to act
jointly and severally in more than one transaction or
generally.
Two hundred rupees.
(e) When authorising more than five, but not more
than ten persons to act jointly and severally in more
than one transaction or generally.
Four hundred rupees.
(f) When given for consideration and authorising the
attorney to sell immovable property.
Same duty as a conveyance
(No. 23) for the amount of
the market value.
(g) In any other case One hundred rupees.
54.
Reconveyance of Mortgaged Property--
(a) If the consideration for which the property was
mortgaged does not exceed Rs. 1,000.
The same duty as a
conveyance (No. 23) for the
amount of the market value
as set forth in the
conveyance.
(b) If any other case Sixty rupees.
57. Security Bond or Mortgaged Deed executed by way of
security for the due execution of an office or to
account for money or other property received by
virtue thereof, or executed by a surety to secure the
due performance of a contract.
(a) When the amount secured not exceed Rs. 1,000. The same duty as Bond for
the amount secured.
(b) in any other case Fifty rupees.
58. Settlement
A. Instrument of (including a deed of dower). The same duty as a
conveyance (No. 23).
B. Revocation of. The same duty as a
conveyance for a sum equal
to the amount of value of the
property concerned as set
forth in the instrument of
revocation.
60. Shipping order Five rupees.
61. Surrender of Lease-
(a) When the duty with which the lease is chargeable does
not exceed ten rupees.
The duty with which such lease
is chargeable.
63. Transfer of Lease by way of assignment and not by
way of under lease.
The same duty as a
conveyance (No. 23) for a
market value equal to the
amount of the market value
for the transfer.
Exemptions.—Transfer of any lease exempt from
duty
64. Trust--A-Declaration of, or concerning any property
when made by any writing not being a will.
The same duty as a Bond for
a sum equal to the amount or
value of the property
concern, as set forth in the
instrument.
104
Sl. No. Description of Instrument Proper Stamp-duty
B-Revocation of, or concerning, any property when
made by instrument, any other than a will.
The same duty as a Bond
(No. 15) for a sum equal to
the amount or value of the
property concerned, as set
forth in the instrument, but
not exceeding thirty rupees.
65. Warrant for Goods.
Five rupees.
[Vide Assam Act 22 of 2004, s. 5]
Himachal Pradesh
New Schedule I-A.- After Schedule to the said Act the following shall be inserted, namely:-
SCHEDULE I-A
RATES OF STAMP DUTY ON CERTAIN INSTRUMENTS
Note.—The Articles in Schedule I-A are numbered so as to correspond with similar Articles in
Schedule I, of the Indian Stamp Act, 1899.
Art. No. Description of Instrument Rates of Stamp Duty
1. Acknowledgement of a debt.–exceeding twenty rupees in
amount or value, written or signed by, or on behalf of, a debtor
in order to supply evidence of such debt, in any book (other
than a Banker’s pass-book) or on a separate piece of paper
when such book or paper is left in the creditor’s possession:
Ten rupees
Provided that such acknowledgement does not contain any
promise to pay the debtor any stipulation to pay interest or to
deliver any goods or other property.
2. Administration Bond.–including a bond given under section
6, of the Government Savings Bank Act, 1873, or section 29,
375 and 376 of the Indian Succession Act, 1925-in every case.
One hundred rupees.
3. Adoption-Deed.– that is to say, any instrument (other than a
Will), recording an adoption, or conferring or purporting to
confer an authority to adopt.
One hundred rupees.
Advocate.–See Entry as an Advocate (No. 30).
4. Affidavit.–including an affirmation or declaration in the case
of persons by law allowed affirming or declaring instead of
swearing.
Ten rupees
Exemptions
Affidavit of declaration in writing when made–
(a) as a condition or enrolment under the Army Act, 1950; or
Air Force Act, 1950;
(b) for the immediate purpose of being filed or used in any
court or before the officer of any Court; or
105
(c) for the sole purpose of enabling any person to receive any
pension or charitable allowance.
5. Agreement or Memorandum of an Agreement.– if relating
to the sale of a bill of exchange or sale of a government
security or share in any incorporated company or other body
corporate or not otherwise provided for.
Fifty rupees.
Exemptions
Agreement or memorandum of agreement-
(a) for or relating to the sale of goods or merchandise
exclusively, not being a Note or Memorandum chargeable
under No. 43;
(b) made in the form of tenders to the Central Government for
or relating to any loan.
Agreement to Lease.–See Lease (No. 35).
6. Agreement relating to Deposit of Title Deeds, Pawn or
Pledge.– that is to say any instrument evidencing an agreement
relating to-
deposit of title-deeds or instrument constituting or being
evidence of the title to any property whatever (other than a
marketable security) or the pawn or pledge of movable property
where such deposit, pawn or pledge has been made by way of
security for the repayment of money advanced or to be
advanced by way of loan or an existing or future debt.
0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Exemption
Instrument of pawn or pledge of goods if unattested.
Comments
106
An agreement of hypothecation and question of stamp
duty.– There is distinction between a transaction of
hypothecation and a transaction of pledge. Because unlike a
pledge where the possession of the goods pledged must pass on
to the pawnee, no such possession passes on to the creditor in
case of hypothecation. As the document in the present case,
sought to create two rights in favour of the Bank, i.e. one
pertaining to hypothecation of the property and the other
pertaining to creation of attorneyship a total stamp of Rs. 11.50
was chargeable to in respect of the document under section 5 of
the Stamp Act. Thus the document has been duly stamped
being neither a pledge nor a pawn but an agreement of
hypothecation covered by Cl. (e) of Art. 5 of Schedule-I to the
Stamp Act with a covenant to confer rights of an attorney of the
defendant on the plaintiff.
Deed of Pawn or Pledge.–There is no dispute between the
parties, and rightly so, because even on a plain reading of Cl. 6
of the agreement it transpires that the possession of the goods
hypothecated was to remain with the debtor itself. That being
so, this deed cannot be held to be a deed of pawn or pledge so
as to attract the mischief of Art. 6(2) of Schedule-I to the Stamp
Act.
7. Appointment in execution of a Power.–whether of trustees or
of property movable or immovable, where made by any writing
not being a Will.
One hundred rupees.
8. Appraisement or Valuation.– made otherwise than under an
order of the Court in the course of a suit–
in every case.
Fifty rupees.
Exemptions
(a) Appraisement or valuation made for the information of one
party only, and not being in any manner obligatory between
parties either by agreement or of operation of law.
(b) Appraisement of crops for the purpose of ascertaining the
amount to be given to a landlord as rent.
9. Apprenticeship-Deed.– including every writing relating to the
service or tuition of any apprentice, clerk or servant placed with
any master to learn any profession, trade or employment, not
being articles of clerkship (No. 11).
As in Schedule-I.
107
Art. No. Description of Instrument Rates of Stamp Duty
Exemption
Instruments of apprenticeship executed by a Magistrate under
the Apprentices Act, 1850, or by which a person is apprenticed
by or at the charge of, any public charity.
10. Articles of Association of a Company.–
in every case. Two hundred rupees.
Exemption
Articles of any Association not formed for profit and registered
under section 25 of the Companies Act, 1956.
See also Memorandum of Association of a Company (No. 39).
11 Articles of Clerkship.–
Assignment.– See Conveyance (No. 23) Transfer (No. 62) and
Transfer of Lease (No. 63), as the case may be.
As in Schedule-I.
Attorney.–See Entry as an Attorney (No. 30), and Power of
Attorney (No. 48).
Authority to Adopt.-See adoption deed (No. 3)
12. Award.– that is to say, any decision in writing by an arbitrator
or umpire, not being an award directing a partition, on a
reference made otherwise than by an order of the court in the
course of a suit—
for every amount or value of the property as set forth in
such award.
Five hundred rupees.
13. Bill of Exchange. As in Schedule-I
14. Bill of Lading (including a through bill of lading). As in Schedule-I
15. Bond.– as defined by section 2(5), not being a debenture (No.
27), and not being otherwise provided for by this Act or by the
Court-fees Act, 1870.
0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
See Administration Bond (No.2), Bottomry Bond (No.16),
Custom Bond (No.26), Indemnity Bond (No.34), Respondentia
Bond (No.56), Security Bond (No.57).
108
Exemption
Bond when executed by any person for the purpose of
guaranteeing that the local income derived from private
subscription to a charitable dispensary or hospital or to any
other object of public utility, shall not be less than a specified
sum per mensem.
16. Bottomry Bond.–that is to say, any instrument whereby the
master of a sea-going ship borrows money on a security of the
ship to enable him to preserve the ship or prosecute her voyage.
0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
17. Cancellation.–Instrument of (including any instrument by
which any instrument previously executed is cancelled) if
attested and not otherwise provided for.
Fifty rupees.
See also Release (No. 55), Revocation of Settlement (No. 58-
A), Surrender of Lease (No. 61), Revocation of Trust (No. 64-
B).
18. Certificate of Sale.–(in respect of each property put up as a
separate lot and sold), granted to the purchaser of any property
sold by public auction by a Civil or Revenue Court, or
Collector or other Revenue Officer.
5.00% of the market
value of the property
or to the amount of
purchase money,
“whichever is higher”,
subject to the
minimum of rupees
one hundred and duty
rounded off to nearest
rupees Ten.
19. Certificate or other Document.–evidencing the right or title
of the holder thereof, or any other person, either to any shares
scrip or stock in or of any incorporated company or other body
corporate, or to become proprietor of shares, scrip or stock in or
of any such company or body.
Ten rupees.
20. Charter Party.—that is to say, any instrument (except an
agreement for the hire of a tug steamer), whereby a vessel or
some specified principal part thereof is let for the specified
purposes of the Charterer, whether it includes a penalty clause
or not.
Ten rupees.
21. Cheque.– [***]. Omitted by Act
No. 5 of 1927.
109
22. Composition-Deed.–that is to say, any instrument executed by
a debtor whereby he conveys his property for the benefit of his
creditors, or whereby payment of a composition or dividend on
their debts is secured to the creditors, or whereby provision is
made for the continuance of the debtor's business under the
supervision of inspectors or under letters of license, for the
benefit of his creditors.
One hundred rupees.
23. Conveyance.– as defined by section 2(10) not being a Transfer
charged or exempted under No. 62-
where the conveyance amounts to sale of immovable
property.
4.00% for women and
6.00% for other
persons, of the market
value of the property
or of the amount of
purchase money”,
“whichever is higher”,
subject to the
minimum of rupees
one hundred and duty
rounded off to nearest
rupees Ten.
Exemption
Assignment of copyright.–under the Copyright Act, 1957,
Section 18.
Co-partnership-deed.–See Partnership (No. 46).
Comments
Conveyance of Property.-There is no difference between a
case of retirement and that of dissolution. A partner stands on
the same footing in relation to partnership as a co-owner. In the
present case the document executed by the firm relinquishing
the rights in favour of the former partner could only be a
release. It was not a transfer having not been made in favour of
a partner who had no interest in the property. The document
executed does not transfer property; hence it was not a
conveyance.
23(A) Conveyance in the Nature of Part Performance.–Contracts
for the transfer of immovable property in the nature of part
performance in any Union territory under section 53 A of the
Transfer of Property Act, 1882.
As in Schedule-I.
24. Copy or Extract.–certified to be true copy or extract, by or by
order of any public officer and not chargeable under the law for
the time being in force relating to court fees, in every case.
Ten rupees.
110
Exemptions
(a) Copy of any paper which a public officer is expressly
required by law to make or furnish for record in any public
office or for any public purpose.
(b) Copy of, or extract from, any register relating to births,
baptisms, namings, dedications, marriages, divorces, deaths or
burials.
25. Counterpart or Duplicate.– of any instrument chargeable with
duty and in respect of which the proper duty has been paid, for
every case.
Ten rupees.
Exemption
Counterpart of any lease granted to a cultivator, when such
lease is exempted from duty.
Comments
Whether the stamp duty payable is payable on a
counterpart.-Article 25 of the First Schedule to the Indian
Stamp Act simply states the stamp duty payable on a
counterpart or on a duplicate. Hence, an unstamped counterpart
can be validated by payment of proper stamp duty and penalty
therefor.
26. Customs-Bonds.–in every case. One hundred rupees.
27. Debenture.– (where a mortgage debenture or not), being a
marketable security transferable-
(a) by endorsement or by a separate instrument of transfer; As in Schedule-I.
(b) by delivery. As in Schedule-I.
Explanation.-The term “Debenture” includes any interest
coupons attached thereto, but the amount of such coupons shall
not be included in estimating the duty.
Exemption
A debenture issued by an incorporated company or other body
corporate in terms of a registered mortgage-deed, duly stamped
in respect of the full amount of debentures to be issued
thereunder, whereby the company or body borrowing makes
over, in whole or in part their property to trustees for the
benefit of the debenture holders; provided that the debentures
so issued are expressed to be issued in terms of the said
mortgage-deed.
See also Bond (No. 15) and sections 8 and 55.
Declaration of any trust-See Trust (No. 64).
111
28. Delivery Order in respect of Goods. One hundred rupees.
Deposit of Title-Deeds- See Agreement Relating to Deposit of
Title-Deeds, Pawn or Pledge (No. 6).
Dissolution of Partnership- See Partnership (No. 46).
29. Divorce, Instrument of.–that is to say, any instruments by
which any person effects the dissolution of his marriage.
One hundred rupees.
Dower, Instrument of- See Settlement (No. 58).
Duplicate- See Counterpart (No. 25).
30. Entry as an Advocate, Vakil or Attorney on the Roll of the
High Court.–
in the case of an Advocate or Vakil or an Attorney. One thousand rupees.
Exemption
Entry as an Advocate, Vakil or Attorney on the roll of any High
Court, when he has previously been enrolled in any other High
Court.
31.
Exchange of Property, Instrument of. 0.05% of the higher
value value of
exchanged property,
subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Extract- See Copy (No.24).
32. Further Charge, Instrument of.– that is to say, any
instrument imposing a further charge on mortgaged property-
(a) if at the time of execution of the instrument
of further charge, the possession of the property is given or
agreed to be given under such instrument;
5.00% of the market
value of the property
or consideration
amount, “whichever is
higher”, subject to the
minimum of rupees
one hundred and duty
rounded off to nearest
rupees Ten.
(b) if possession is not so given. 0.05% of the secured
amount, subject to the
minimum of rupees
112
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
33. Gift, Instrument of.–not being a Settlement (No. 58) or Will or
Transfer (No. 62).
[4.00% for women and
6.00% for other
persons,] of the market
value of the property,
subject to the minimum
of rupees one hundred
and duty rounded off to
nearest rupees Ten.
Hiring Agreement or Agreement for Service.–See Agreement
(No. 5).
34. Indemnity Bond.– in every case. One hundred rupees.
Inspectorship-Deed.– See Composition-Deed (No.
22).
35. Lease.– including an under-lease or sub-lease and any agreement
to let or sublet-
5.00% of the market
value of the leased
property, subject to the
minimum of rupees one
hundred and duty
rounded off to nearest
rupees Ten.
(a) where the lease purports upto one hundred years or
exceeding hundred years;
Formula for
calculating the stamp
duty on Lease Deeds :-
5% × Market Value
×(Period of Lease) 100
(b) where the lease purports in perpetuity and does not purport
to be for any definite term and time.
5.00% of the market
value of the leased
property or the whole
lease amount which
would be paid or
delivered under such
lease, if any,
“whichever is higher,”
subject to the
minimum of rupees
one hundred and duty
rounded off to nearest
rupees Ten.
Exemption
Lease, executed in the case of a cultivator and for the
purposes of cultivation (including a lease of trees for the
production of food or drink) without the payment or delivery of
any fine or premium, when a definite term is expressed and
113
such term does not exceed one year or when the average annual
rent reserved does not exceed one hundred rupees.
In this exemption a lease for the purposes of cultivation
shall include a lease of lands for cultivation together with a
homestead or tank.
Explanation.–When a lessee undertakes to pay any recurring
charge such as Government revenue, the land-lords share of
cesses, or the owner’s share of municipal rates or taxes, which
is by law recoverable from the lessor, the amount so agreed to
be paid by the lessee shall be deemed to be part of the rent.
Comments
Any agreement to let-Whether amounts to a lease.- Article
35 would indicate that it is not only a lease which is covered by
this Article, but also any agreement to let. An agreement to let
need not be a lease. In order to determine whether in any given
case, it is reasonable to infer the existence of agreement one has
to see if one party has made an offer and the other party has
accepted the same. To constitute an agreement, it is necessary
that the intention of the parties must be definite and common
on both. This can be achieved if the terms and conditions are
expressly arrived at or could impliedly be found.
36. Letter of Allotment of Shares. Ten rupees.
37. Letter of Credit. As in Schedule-I.
Letter of Guarantee.– See Agreement (No. 5).
Art. No. Description of Instrument Rates of Stamp Duty
38. Letter of License.–that is to say, any agreement between a
debtor and his creditors that the latter shall, for a specified time,
suspend their claims and allow the debtor to carry on business
at his own discretion.
Fifty rupees
39. Memorandum of Association of a Company.–
(a) if accompanied by articles of association under sections 26,
27 and 28 of the Companies Act, 1956;
One hundred rupees.
(b) if not so accompanied. Two hundred rupees.
Exemption
Memorandum of any association not formed for profit and
registered under section 25 of the Companies Act, 1956.
40.
Mortgage-Deed.– not being an agreement relating to deposit of
Title-deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16),
Mortgage of a crop (No. 41), Respondentia Bond (No. 56), or
Security Bond (No. 57),-
114
(a) when possession of the property or any part of the property
comprised in such deed is given by the mortgagor or agreed to
be given;
[4.00% for women and
6.00% for other
persons,] of the market
value of the property
or consideration
amount, “whichever is
higher”, of rupees one
hundred and duty
rounded off to nearest
rupees Ten.
(b) when possession is not given. 0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Explanation.- A mortgagor who gives to the mortgagee a
Power-of-Attorney to collect rents or a lease of the property
mortgaged or part thereof is deemed to give possession within
the meaning of this article.
Exemption
Instrument, executed by persons taking advances under
the Land Improvement Loans Act, 1883, or the Agriculturists
Loans Act, 1884, or by their sureties as security for the
repayment of such advances.
Comments
Undertaking affidavit whether could be charged as a
mortgage-deed.–The undertaking affidavit has to be charged
as a mortgage deed, which has to suffer stamp duty as
prescribed under Art. 40 of Schedule-I to the Indian Stamp Act.
Thus Art. 40 and not Art. 57 of Schedule-I to the said Act is the
appropriate article applicable to the instant case.
41. Mortgage of a Crop.– including any instrument evidencing an
agreement to secure the repayment of a loan made upon any
mortgage of a crop, whether the crop is or is not in existence at
the time of the mortgage-
for every sum secured. 0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
115
thousand and duty
rounded off to nearest
rupees Ten.
42. Notarial Act.–that is to say, any instrument, endorsement,
note, attestation certificate or entry not being a Protest (No. 50)
made or signed by a Notary Public in the execution of the
duties of his office, or by any other person lawfully acting as a
Notary Public.
Ten rupees.
See also Protest of bill or note (No. 50).
43. Note or Memorandum.– sent by a broker or agent to his
principal, the purchase or sale on account of such principal-
of any goods or of any stock or marketable security. Fifty rupees.
44. Note of Protest by the Master of a Ship. Ten rupees.
45. Partition.–Instrument of as defined by section 2(15). 0.05% of the market
value of the property
being partitioned
subject to the
minimum of rupees
one hundred and
maximum of rupees
one thousand and duty
rounded off to nearest
rupees Ten.
46. Partnership.–
A. Instrument of- Two hundred rupees.
For every capital of the partnership.
B. Dissolution of- Fifty rupees.
Pawn or Pledge.–See Agreement relating to Deposit of Title-
Deed, Pawn or Pledge (No. 6).
47. Policy of Insurance.– As in Schedule-I.
48. Power of Attorney.– as defined by section 2(21), not being a
Proxy (No. 52),-
(a) when authorizing one or more persons to act jointly
and severally in a single transaction for sole purpose (including
suit or proceedings);
One hundred rupees.
(b) when authorizing one or more persons to act jointly and
severally in more than one transaction or generally;
One hundred and fifty
rupees.
(c) in any other case. Two hundred rupees.
N.B.- The term
"registration" includes
every operation,
116
incidental to
registration under the
Indian Registration
Act, 1908.
Explanation.–For the purposes of this article more persons
than one when belonging to the same firm shall be deemed to
be one person.
49. Promissory Note. As in Schedule-I.
50. Protest of Bill or Note.– that is to say, any declaration in
writing made by a Notary Public or other person lawfully
acting as such, attesting the dishonour of a Bill of Exchange or
Promissory Note.
Ten rupees.
51. Protest by the Master of a Ship. As in Schedule-I.
52. Proxy. As in Schedule-I.
53. Receipt. As in Schedule-I.
54. Re-Conveyance of Mortgaged Property.–
in every case.
One hundred rupees.
55. Release.– that is to say, any instrument (not being such a
release as is provided for by section 23-A) whereby a person
renounces a claim upon another person or against any specified
property-
in every case. 0.05% of the market
value of the released
property, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Comments
A release deed-whether can transfer title. A release deed
would not be effective to transfer title. A release deed can only
feed title but cannot transfer title.
Renunciation or relinquishment.- If the appellant had no title
to the property at the time of renunciation except the off-chance
of succeeding by survivorship to the estate after the death of his
father, the renunciation or relinquishment under the deed would
not clothe him with any title to the property. Renunciation must
be in favour of a person, who had already title to the estate, the
effect of which is only to enlarge the right.
117
56. Respondentia Bond.–that is to say, any instrument securing a
loan on the cargo laden or to be laden on board a ship and
making repayment contingent on the arrival of the cargo at the
port of destination.
0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Revocation of any Trust or Settlement.–See Settlement
(No.58), Trust (No.64).
57. Security-Bond or Mortgage Deed.– executed by way of
security for the due execution of an office, or to account for
money or other property received by virtue thereof, or executed
by a surety to secure the due performance of a contract or the
due discharge of a liability–
in every case. 0.05% of the secured
amount, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Exemption
Bond or other instrument when executed—
(a) by any person for the purpose of guaranteeing that the
local income derived from private subscriptions to a charitable
dispensary or hospital or any other object of public utility, shall
not be less than a specified sum per mensem;
(b) by persons taking advances under the Land
Improvement Loans Act, 1883, or the Agriculturist’s Loans
Act, 1884, or by their sureties, as security for the repayment of
such advances;
(c) by officers of Government or their sureties to secure the
due execution of an office, or the due accounting for money or
other property received by virtue thereof.
Comments
Undertaking affidavit-Whether amounts to a mortgage
deed.-The undertaking affidavit has to be charged as a
mortgage deed, which has to suffer stamp duty as prescribed
under Art. 40 of Schedule-I to the Indian Stamp Act. It was not
correct to say that the affidavit merely disclosed an undertaking
and if at all it was chargeable it could be only under Art. 57 (b)
of Schedule-I to the Indian Stamp Act.
118
Art. No. Description of Instrument Rates of Stamp Duty
58. Settlement.–
A-Instrument of (including a deed of dower). 0.05% of the market
value of the settled
property, subject to the
minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
Exemption
Deed of dower executed on the occasion of a marriage between
Muhammadans.
B-Revocation of-
See also Trust (No. 64). Fifty rupees.
59. Share Warrants.–to bearer issued under the Companies Act,
1956.
The same duty as
payable on a mortgage
deed with possession
[40(a)] for the amount
equal to the nominal
amount of the shares
specified in the
warrant.
Exemptions
Shares warrant when issued by a company in pursuance of the
Companies Act, 1956, section 114, to have effect only upon
payment, as composition for that duty, to the Collector of
stamp-revenue of-
(a) one-and-a-half percentum of the whole subscribed
capital of the company; or
(b) if any company which has paid the said duty or
composition in full, subsequently issues an addition to its
subscribed capital-one-and-a-half percentum of the additional
capital so issued.
60. Shipping Order. Ten rupees
61. Surrender of Lease. in every case. One hundred rupees.
Exemption
Surrender of lease, when such lease is exempted from duty.
62. Transfer.– (whether with or without consideration)-
(a) of shares in an incorporated company or other body
corporate;
As in Schedule-I.
(b) of debentures, being marketable securities, whether the The same duty as
119
debenture is liable to duty or not, except debentures provided
for by section 8;
Debenture (No.27) as
levied by this Act, for
a consideration equal
to the face amount of
the debenture.
(c) of any interest secured by a bond, mortgage-deed or
policy of insurance;
The same duty with
which such bond,
mortgage-deed or
policy of insurance is
chargeable subject to
the minimum of rupees
one hundred and
maximum rupees one
thousand and duty
rounded off to nearest
rupees Ten.
(d) of any property under the Administrator General’s Act,
1913, Section 25;
One hundred rupees.
(e) of any trust-property without consideration from one trustee
to another trustee, or from a trustee to a beneficiary.
Two hundred rupees.
Exemption
Transfers by endorsement—
(a) of a bill of exchange, cheque or promissory note;
(b) of a bill of lading, delivery order, warrant for goods, or
other mercantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government.
See also section 8.
63. Transfer of Lease.—by way of assignment, and not by way of
under lease.
The same duty as
Article (No. 35) as
levied by this
Schedule, for the same
amount of such
transfer.
Exemption
Transfer of any lease exempt from duty.
64. Trust.–
A. Declaration of-of, or concerning any property when made by
any writing not being a Will;
Two hundred rupees.
B. Revocation of-of, or concerning any property when made by
any instrument other than a Will.
Fifty rupees.
See also Settlement (No. 58), Valuation- See Appraisement
(No. 8), Vakil-See Entry as Vakil (No. 30).
120
Comments
Religious or charitable endowment- Whether fall within the
purview of the Trusts Act.- Religious or charitable
endowments, whether public or private, do not fall within the
purview of the Trusts Act. Article 64 of the Stamp Act provides
for the levy of stamp duty on trust. Accordingly, Art. 64 cannot
be pressed into service in case which deals with charitable
trusts.
65. Warrant for Goods.– that is to say, any instruments
evidencing the title of any person therein named, or his assigns,
or the holder thereof, to the property in any goods lying in or
upon any dock, warehouse or wharf, such instrument being
signed or certified by or on behalf of the person in whose
custody such goods may be.
Ten rupees.
[Vide Himachal Pradesh Act 4 of 1953, s. 12]
Orissa
Amendment of Schedule I-A
In Schedule I-A to the principal Act,—
(i) in article 3, for the words, “Two hundred rupees” appearing in column (2), the words “Two
hundred and fifty rupees” shall be substituted;
(ii) in article 5,—
(a) for the words “one rupee” appearing in column (2) against clause (a), the words “five
rupees” shall be substituted;
(b) for the words “forty-two rupees fifty paise” appearing in column (2) of the entry against
clause (b), the words “ fifty rupees” shall be substituted; and
(c) for the words “Three rupees” appearing in column (2) against clause (c), the words “Ten
rupees” shall be substituted;
(iii) in clause (2) of article 6,—
(a) for sub-section (a), the following sub-clause shall be substituted, namely:—
(a) if such loan or debt is repayable on demand or more than three months from the date of
instrument evidencing the agreement:—
When the amount of the loan or debt does not
exceed Rs. 500
: Five rupees,
When it exceeds Rs. 500 but does not exceed Rs.
1,000
: Ten rupees,
And for every additional Rs. 1,000 or part thereof in
excess or Rs. 1,000
: Ten rupees” ;and
121
(b) in sub-clause (b), for the word, brackets and letter “ clause (a)”, the word, brackets and
letter “sub-clause (a)” shall be substituted;
(iv) in article 7, for the words “One hundred rupees” appearing in column (2), the words “One hundred
and fifty rupees” shall be substituted;
(v) in article 8, for the words “Twenty-one-rupees” appearing in column (2) against clause (b), the
words “Fifty rupees” shall be substituted;
(vi) in article 10, for the words “ Two hundred rupees” appearing in column (2), the words “Three
hundred rupees” shall be substituted;
(vii) in article 12,—
(a) for the words, brackets and figure “The same duty as a BOTTOMRY BOND (No. 16) or
such amount” appearing in column (2) against clause (a), the words, brackets and figure “The same
duty as a BOND (No.15) or such amount” shall be substituted,
(b) for the words “Twenty-seven rupees” appearing in column (2) against clause (b), the words
“Fifty rupees” shall be substituted; and
(c) for the entry appearing at the end in column (2), the following entry shall be substituted,
namely:— “Two rupees subject to a maximum of two hundred rupees.”
(viii) for article 15 including the entries against it but excluding reference to other Bonds commencing
with the word “See and ending with the words “SECURITY BOND” followed by the “Ex-emptions”
appearing at the end in column (1), the following shall be substituted under appropriate columns,
namely:—
(1) (2)
15. BOND, as defined by section 2 (5)
not being a DEBENTURE and not
being otherwise provided for by this
Act, or by the Court Fees Act, 1870.
Two per centum of the amount or the value
secured.;
(ix) for article 16 including the entries against it, the following Article with its entries shall be
substituted under appropriate columns, namely:—
(1) (2)
16. BOTTOMRY BOND, that is to say any
instrument whereby the master of a sea-
going ship borrows money on the security
of the ship to enable him to preserve the
ship or prosecute her voyage.
The same duty as a BOND (No.15) on the
amount or value secured.;
(x) in article 17, for the words “One hundred rupees” appearing in column (2), the words “ One
hundred and fifty rupees” shall be substituted;
(xi) in article 18, for clauses (a), (b), and (c) including the entries appearing against them in
column (2), the following clauses with their respective entries shall be substituted under appropriate
columns, namely:—
122
(1) (2)
(a) Where the purchase money does not
exceed Rs. 100.
Two rupees
(b) in any other case The same duty as is leviable on a
CONVEYANCE under Division (A), (B), or
(C), as the case may be, of article 23 for a
consideration equal to the amount of the
purchase money only”.;
(xii) after article 18, the following Article with the entries against it shall be inserted under
appropriate columns, namely:—
(1) (2)
“19. CERTIFICATE OR OTHER
DOCUMENT, evidencing the right or
title of the holder thereof, or any other
person either to any shares, scrip or
stock in a or of any incorporated
company or other body corporate, or to
become proprietor of shares, scrip or
stock in or of any such company or
body. See also LETTER OF
ALLOTMENT OF SHARES (No. 36).
One rupees”.;
(xiii) in article 22, for the words “Fifty rupees” appearing in column (2), the words “Seventy rupees”
shall be substituted;
(xiv) for article 23 including the entries against it, the following article with its entries shall be
substituted under appropriate columns, namely:—
(1) (2)
“23. CONVEYANCE-As defined by
section 2 (10) not being a transfer
charged or exempted under No.62:—
(a) In respect of movable property
Four per centum of the amount or value of
the consideration as set forth in the
instrument.
(b) In respect of immovable property
Eight per centum of the amount or value of
the consideration for such conveyance as set
forth therein or the market value of the
123
property whichever is higher.
(c) In respect of a multi-unit house or unit
of apartment/flat/portion of a multistoried
building or part of such structure to
which the provisions of the Orissa
Apartment Ownership Act, 1982 Orissa
Act 1 of 1984 apply—
(i) where the amount or value of the
consideration for such conveyance as set
forth therein or market value of the property
whichever is higher, does not exceed rupees
5 lakhs.
Three per centum of the amount.
(ii) where it exceeds rupees 5 lakhs, but
does not exceed rupees 15 lakhs.
Four per centum of the amount.
(iii) where it exceeds rupees 15 lakhs.
Seven per centum of the amount.
Explanation- For the purpose of this
article, an agreement to sell any
immovable property or a power of
attorney shall, in case of transfer of the
possession of such property before or at
the time of or after the execution of such
agreement or power of attorney, be
deemed to be a conveyance and the stamp
duty thereon shall be chargeable
accordingly:
Provided that the stamp duty already
paid on such agreement or power of
attorney shall, at the time of the execution
of a conveyance in pursuance of such
agreement or power of attorney, be adjusted
towards the total amount of duty chargeable
on the conveyance:
Provided further that section 47-A shall
not apply to such agreement and power of
attorney.
Exemptions
Assignment of copyright under the Copyright Act, 1957, (14 of 1957) section 18 Co-partnership deed
(See PARTERSHIP No. 46)
(xv) in article 24,—
(a) for the words “Two rupees and fifty paise” appearing in column (2) against clause (i), the words
“Five rupees” shall be substituted; and
124
(b) for the words “Five rupees” appearing in column (2) against clause (ii), the words. “Ten rupees”
shall be substituted;
(xvi) in article 25, for the words “Five rupees” appearing in column (2) against (b), the words “Ten
rupees” shall be substituted;
(xvii) in article 26, for the words “Fifty rupees” appearing in column (2) against clause (b), the words
“One hundred rupees” shall be substituted;
(xviii) in article 29, for the words “one hundred rupees” appearing in column (2), the words “Two
hundred rupees” shall be substituted;
(xix) in article 31, for the entry appearing in column (2), the following entry shall be substituted,
namely:—
The same duty as is leviable on a conveyance under Division (A), (B), or (C), as the case may be,
of article 23 for a consideration as set forth in such instrument or the market value of the property,
whichever is higher”;
(xx) in article 32, for the expression “(No. 23)” wherever it occurs in column (2), the words, brackets,
letter and figure “under Division (A), of article 23 shall be substituted;
(xxi) in article 33, for the expression “(No. 23)” appearing in column (2), the words, brackets, letters
and figure “Under Division (A), (B), or (C), as the case may be, of article 23” shall be substituted;
(xxii) in article 35, for the expression “(No. 23)” wherever it occurs in column (2), the words, brackets,
letters and figure “Under Division (A), substituted;
(xxiii) after article 35, the following article with its entries shall be inserted under appropriate
columns, namely:—
(1) (2)
“36. LETTER OF ALLOTMENT OF
SHARES
In any company or proposed company, or in
respect of any loan to be raised by any
company or proposed company.
See also CERTIFICATE OR OTHER
DOCUMENT (No.19)
One rupees.”;
(xxiv) in article 38, for the words, “fifty rupees” appearing in column (2), the words “One hundred
rupees” shall be substituted;
(xxv) in article 39, for the words “Two hundred rupees” and Five hundred rupees” appearing in
column (2), against clause (a) and clause (b), the words “Three hundred rupees” and “Six hundred
rupees” shall respectively be substituted;
(xxvi) in article 40, for the expression “(No. 23)” appearing in column (2), against clause (a), the
words, brackets, letters and figure “under Division (A), (B) or (C), as the case may be, of article 23”
shall be substituted;
(xxvii) in article 41,—
125
(a) for the words “Thirty paise” wherever it occurs in column (2) against clause (a), the words
“One rupees” shall be substituted; and
(b) for the words “Forty paise” appearing in column (2) against clause (b), the words “Two
rupees” shall be substituted;
(xxviii) in article 42, for the words “Twenty rupees” appearing in column (2), the words “Thirty
rupees” shall be substituted;
(xxix) in article 43, for the words “Seventy-five paise” and “Forty-two rupees and fifty paise”
appearing in column (2) against clause (a) and clause (b), the words “One rupee” and Fifty rupees”
shall respectively be substituted;
(xxx) in article 44, for the words, Ten rupees” appearing in column (2), the words “Twenty rupees”
shall be substituted;
(xxxi) in article 46,—
(a) for the words, “Twenty rupees” and “One hundred rupees” appearing in column (2) against
clause (a) and clause (b) of Division A, the words “Fifty rupees” and “Two hundred rupees” shall
respectively be substituted, and
(b) for the words “Fifty rupees” appearing in column (2) against Division B, the words “One
hundred rupees” shall be substituted;
(xxxii) in article 48,—
(a) for the words “Ten rupees”, Fifty rupees” and “One hundred rupees” appearing in
column (2), against clause (c), clause (d) and clause (e), the words “Twenty rupees”, “One hundred
rupees”, and “Two hundred rupees” shall respectively be substituted, and
(b) for the expression “(No. 23)” appearing in column (2) against clause (f), the words, brackets,
letters and figure “under Division (B) or (C), as the case may be, of article 23” shall be substituted;
(xxxiii) in article 54,—
(a) for the expression “(No.23)” appearing in column (2) against clause (a), the words,
brackets, letters and figure “under Division (A) of article 23” shall be substituted, and
(b) for the words “Forty-two rupees” appearing in column (2) against clause (b), the words
“Fifty rupees” shall be substituted;
(xxxiv) in article 55 and 57, for the words “Twenty-one rupees” appearing in column (2), against
clause (b), the words “One hundred rupees” shall be substituted;
(xxxv) in article 58,—
(a) The brackets and letter “(A)” appearing at the beginning shall be omitted,
(b) In the proviso to the entry appearing in column (2) against Division (A), for the words “three
rupees”, the words “ten rupees” shall be substituted;
(c) for the words “forty-two rupees” appearing at the end of the entry in column (2) against
Davision (B), the words “One hundred rupees” shall be substituted.
(xxxvi) in article 59, for the expression “(No.23)” the words, brackets, letters and figure “under
Division (A), of article 23” shall be substituted;
(xxxvii) in article 61, for the words “Twenty-one rupees” appearing in column (2), against clause (b),
the words “Fifty rupees” shall be substituted;
(xxxviii) in article 62,—
126
(a) for the words “bond of mortgage deed” appearing in the opening portion of clause (c) the
words “Bond for Mortgage Deed” shall be substituted, and
(b) for the words “twenty-one rupees”, “Forty-two rupees” and “Eighteen rupees and seventy-
five paise” appearing in column (2) against sub-clause (ii) of clause (c) clause (d) and clause (e)
respectively, the words “Fifty rupees” shall be substituted;
(xxxix) in article 63,—
(a) for the words “TRANSFER OF LEASE” appearing in column (1), the words “TRANSFER
OF LEASE” shall be substituted; and
(b) for the expression “(No. 23)” appearing in column (2), the words, brackets, letters and figure
“under Division (A),(B) or (C), as the case may be, of article 23” shall be substituted;
(xi) in article 64, for the words “Sixty –two rupees” and “Forty-two rupees” appearing in column (2)
against Division (A) and Division (B), the words “One hundred rupees” and “Fifty rupees” shall
respectively be substituted; and
(xii) in article 65, for the words, “Five rupees” appearing in column (2), the words “Ten rupees” shall
be substituted.
[Vide Orissa Act 1 of 2003, s. 7]
Orissa
Repeal of Orissa Act 32 of 1970.—The Orissa Additional Stamp Duty Act, 1970 Orissa Act 32 of
1970 is hereby repealed.
[Vide Orissa Act 1 of 2003, s. 8]
Odisha
Amendment of Schedule 1-A—In Schedule I-A to the Indian Stamp Act, 1899 (2 of 1899)—
(i) In Article A, for sub-clause (a) of clause (2) following sub-clause shall be substituted,
namely:—
“(a) If such loan or debt is
repayable on demand or more
than three months from the
date of execution of the
instrument evidencing the
agreement—
0.5% percentum on loan or debt.
Amount subject to maximum of
Rupees five thousand”.
(ii) in Article 54, after clause (b) following clause shall be inserted, namely:—
“(c) in case of loans for agriculture
purpose—
Nil.”.
[Vide Odisha Act 8 of 2013, s. 2]
Odisha
Amendment of Schedule 1-A. —In the Indian Stamp Act, 1899, in Schedule 1-A, —
(a) in article 23, for the Explanation including the provisos thereto appearing in column (1),
the following explanation shall be substituted, namely:—
“Explanation.— for the purposes of this Article, an agreement to sell involving delivery of
possession of any immovable property or a power of attorney, authorizing the person other than
those mentioned in clause (g) of Article 48, to sell such immovable property, shall be deemed to
127
be a conveyance and accordingly, the stamp duty shall be payable on the instrument on the basis
of the market value of the property which is the subject matter of such instrument:
Provided that the stamp duty already paid on such agreement to sell shall, at the time of
execution of the sale deed by the same person in pursuance of such agreement, be adjusted
towards the total amount of duty chargeable on the conveyance.”
(b) in Article 48,—
(i) for the words “Fifty rupees”, “Five rupees”, “Twenty rupees”, “One hundred
rupees” and “Two hundred rupees”, appearing in column (2) under the heading “proper
stamp duty against clauses (a), (b), (c), (d) and (e), the words “One hundred rupees”, “Ten
rupees”, “Fifty rupees”, “Five hundred rupees” and “One thousand rupees” shall ,
respectively, be substituted; and
(ii) for clause (g), including the entires, the following clauses shall be substituted, under
the appropriate column, namely:—
(g) When power given to father, mother, wife,
husband, son, daughter, brother or sister in
relation to the executant authorizing such person
to sell immovable property situated in the State of
Odisha.
One thousand rupees
(h) in any other case.
Twenty rupees for each person, so
authorized.
[Vide Odisha Act 1 of 2015, s. 2]
Orissa
Amendment of Schedule I-A, Indian Stamp Act, 1899.—For the entries in columns 1 and 2 against
clause (a) under item 30 of Schedule I-A of the Indian Stamp Act, 1899, (II of 1899) the following entries
shall be respectively substituted, namely:—
(a) in the case of Advocates—
(i) with respect of persons who
possess degree of Bachelor of Law
and are either deemed to be Advocates
under sub-section (1) of section 42 of
the Legal Practitioners Act, 1879,
(XVIII of 1879) or enrolled as pleaders
under the said Act, and have practiced
for not less than ten years.
Rupees two hundred and fifty.
(ii) with respect to another
Advocates .
Rupees six hundred and twenty five.
128
Exemption from surcharge Stamp Duty.— Notwithstanding anything contained in the Orissa Stamp
(Surcharge Amendment) Act, 1947 (Orissa Act XXIII of 1947) no surcharge shall be levied in the case of
Stamp duties livable under clause (a) of the entry herein before specified.
[Vide Orissa Act 8 of 1956, s. 2 & 3]
Orissa
Amendment of Schedule I-A, Act 2 of 1899. — For schedule I-A of the Indian Stamp Act, 1899 (2 of
1899) the following Schedule shall be substituted, namely:—
* * * *
*N.B. Schedule-I-A has been substituted in O.A. 6 of 1986.
[Vide Orissa Act 19 of 1958, s. 3]
Orissa
Amendment of Schedule 1-A, Act 2 of 1899.—For Schedule 1-A of 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).
The same duty as a BOND ( No. 15)
for the same amount.
3. ADOPTION DEED. That is to say,
any Instrument (Other than a will)
recording an adoption or conferring or
purporting to confer an authority to adopt.
Twenty-eight rupees and twelve naye
paise.
4. AFFIDAVIT. Including an affirmation
or declaration in the case of persons by
law allowed to affirm or declare instead of
swearing.
Three rupees and seventy-five naye
paise.
Exemptions
Affidavit or declaration in writing when
made—
(a) as a condition of enrolment under
129
the Army Act, 1950 (46 of 1950) or the
Air Force Act, 1950 (45 of 1950);
(b) for the immediate purpose of being
filed or used in any Court or before the
Officer of any Court;
(c) for the sole purpose of enabling
any person to receive any pension of
charitable allowance.
5.AGREEMENT OR
MEMORANDUM OF AN
AGREEMENT;
(a) if relating to the sale of a Bill of
Exchange;
Thirty-eight naye paise
(b) if relating to the sale of a
Government security or share in an
incorporated Company or other body
corporate;
Subject to maximum of twenty-eight
rupees twelve naye paise for every ten
thousand or part thereof of the value of
the security or share.
(c) if not otherwise provided for One rupee and thirty-eight naye paise.
Exemptions
Agreement or memorandum of
agreement—
(a) for or relating to the sale of goods
or merchandise exclusively, not being a
Note or Memorandum chargeable under
No. 43.
(b) Made in the form of tenders to the
Central Government for, or relating to
any loan.
AGREEMENT TO LEASE—See
LEASE (No-35)
6. AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS, PAWN
OR PLEDGE, that is to say, any
instrument evidencing an agreement
relating to
(1) The deposit of title deeds or
instruments Constituting or being
evidences of the title to any property
whatever ( Other than a marketable
security) or
Description of instrument. Proper Stamp-duty
(1) (2)
(2) The pawn or pledge of movable
property, Where such deposit, pawn or
pledge has been Made by way of security
for the repayment of money advanced or
to be advanced by way of loan or an
existing or future debt—
130
(a) If such loan or debt is repayable on
demand or more than three months from
the date of the instrument evidencing
the agreement.
If drawn
Singly
If drawn
in set of
two for
each part
of set
If draw in set
of three for
each part of
the set
(1) (2) (3) (4)
Rs. nP. Rs. nP. Rs. nP.
When it amount of the loan or debt does
not exceed Rs.100
0.40
0.24
0.24
When the amount of the loan or debt
exceeds Rs. 100 but does not exceed Rs.
200.
0.64
0.40 0.24
When it exceeds Rs. 200 but does not
exceed Rs. 400
1.12
0.64
0.40
When it exceeds Rs. 400 but does not
exceed Rs. 600
1.64
0.88
0.64
When it exceeds Rs. 600 but does not
exceed Rs. 800
2.12
1.12
0.76
When it exceeds Rs. 800 but does not
exceed Rs. 1,000
2.76
1.40
0.88
When it exceeds Rs. 1,000 but does not
exceed Rs. 1,200
3.12
1.64
1.12
When it exceeds Rs. 1,200 but does not
exceed Rs. 1,600
4.12
2.12
1.40
When it exceeds Rs. 1,600 but does not
exceed Rs. 2,500
6.40
3.24
2.12
When it exceeds Rs. 2,500 but does not
exceed Rs. 5,000
12.64
6.40
4.12
When it exceeds Rs. 5,000 but does not
exceed Rs. 7,500
19.00
9.64
6.40
When it exceeds Rs. 7,500 but does not
exceed Rs. 10,000
25.24
12.64
8.40
Description of instrument. Proper Stamp-duty
(1) (2)
When it exceeds Rs. 10,000 but does not
exceed Rs. 15,000
37.88
19.00
12.64
131
When it exceeds Rs. 15,000 but does not
exceed Rs. 20,000
50.64
25.24
16.88
When it exceeds Rs. 20,000 but does not
exceed Rs. 25,000
63.24
31.64
21.12
When it exceeds Rs. 25,000 but does not
exceed Rs. 30,000 and
75.88
37.88
25.24
for every additional Rs. 10,000 or part
thereof in excess of Rs. 30,000.
25.24
12.64
8.40
(b) if such loan or debt is repayable not
more than three months from the date of
such instrument.
Half the duty payable on a loan or
debt under clause (a) (i), clause (a) (ii)
or clause (a) (iii) for the amount
secured.
Exemption
Instrument of pawn or pledge of goods, if
unattested
7. APPOINTMENT IN
EXECUTION OF A POWER, whether
of trustees or of property, movable or
immovable, where made by any writing
not being a will.
Forty-six rupees and eighty-eight naye
Paise.
8. APPRAISEMENT OR
VALUATION, made otherwise than
under an order of the Court in the course
of a suit—
(a) where the amount does not exceed Rs.
1,000.
The same duty as a BOTTOMRY
BOND (No.16) for such amount.
(b) in any other case Fourteen rupees and six naye Paise.
Exemptions
(a) Appraisement or valuation made for
the information of one party only, and not
being in any manner obligatory between
parties either by agreement or operation of
law.
(b) Appraisement of crops for the
purpose of ascertaining the amount to be
given to a landlords as rent.
9. APPRENTICHESHIP –DEED
including every writing relating to the
service or tuition of any apprentice, clerk
or servant place with any master to learn
any profession, trade or employment, not
being ARTICLES OF CLERKSHIP.
Fourteen rupees and six naye Paise.
132
Description of instrument. Proper Stamp-duty
(1) (2)
Exemption
Instruments of apprenticeship executed by
a Magistrate under the Apprentices Act,
1850 (19 of 1850) or by which a person is
apprenticed by or at the charge of any
public charity.
10. ARTICLES OF ASSOCIAITON
OF A COMPANY.
Ninety rupees and seventy-five naye
Paise.
Exemption
Articles of any Association not formed for
profit and registered under section 25 of
the Companies Act, 1956 (1 of 1950).
See also Memorandum of Association of a
Company (No.39)
ASSIGNMENT —See CONVEYANCE
(No.23), TRANSFER (No.62) and
TRANSFER of LEASE (No.63),as the
case may be
ATTORNEY- See POWER OF
ATTORNEY (No.48)
AUTHORITY TO ADOPT-See
ADOPTION-DEED (No.3)
12. AWARD, that is to say any
decision in writing by an arbitrator or
umpire not being an award directing a
partition, on a reference being made
otherwise than by an order of the Court in
the course of a suit—
The same duty as a BOTTOMRY
BOND (No.16) or such amount.
(a) where the amount or value of the
property to which the award relates as set
forth in such award does not exceed Rs.
1,000.
Eighteen rupees and seventy five naye
Paise.
(b) if it exceeds Rs. 1,000 but does not
exceed Rs. 5,000.
Ninety-four naye Paise subject to a
maximum of ninety-four rupees.
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 5,000.
15.BOND as defined by section 2(5) not
being a DEBENTURE and not being
otherwise provided for by this Act, or by
the Court Fees Act, 1870 (7 of 1870)—
Where the amount or value secured does Thirty-two naye paise
133
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;
Forty-four naye paise
Description of instrument. Proper Stamp-duty
(1) (2)
Where it exceeds Rs. 50 and does not
exceed Rs.100;
Ninety-four naye paise
Where it exceeds Rs. 100 and does not
exceed Rs.200;
Two rupees and thirty-two naye paise
Where it exceeds Rs. 200and does not
exceed Rs.300;
Three rupees and fifty-six naye paise
Where it exceeds Rs. 300 and does not
exceed Rs.400;
Four rupees and sixty eight naye paise
Where it exceeds Rs. 300 and does not
exceed Rs.400;
Five rupees and ninety-four naye paise
Where it exceeds Rs. 400 and does not
exceed Rs.500;
Eight rupees and forty-four naye paise
Where it exceeds Rs. 500 and does not
exceed Rs.600;
Nine rupees and eighty-two naye paise
Where it exceeds Rs. 600 and does not
exceed Rs.700;
Eleven rupees and twenty-five naye
paise
Where it exceeds Rs. 700 and does not
exceed Rs.800;
Twelve rupees and sixty-two naye
paise.
Where it exceeds Rs. 800 and does not
exceed Rs.900;
Where it exceeds Rs. 900 and does not
exceed Rs.1000;
Fourteen rupees and six naye paise.
and for every Rs. 500 or part thereof in
excess of Rs. 1,000;
Seven rupees .
See (No.2) ADMINISTRATION BOND
(No.16) BOTTOMRY BOND
(No.26) CUSTOMS BOND
(No. 34) INDEMNITY BOND
134
(No.56) RESPONDENTIA BOND
(No. 57) SECURITY BOND
Exemptions
Bond , when executed by—
(a) headmen nominated under rules
framed in accordance with the Bengal
Irrigation Act, 1876, (Bengal Act 3 of
1876) section 99, for the due performance
of their duties under that Act;
Description of instrument.
Proper Stamp-duty
(1) (2)
(b) any person for the purpose of
guaranteeing that the local income
derived from private subsecription to a
charitable dispensary or hospital or any
other object of public utility shall not be
less than a specified sum per mensem.
16. BOTTOMRY BOND, that is to say,
any instrument whereby the master of a
sea-going ship to enable him the preserve
the ship or prosecute her voyage—
Where the amount or value secured does
not exceed Rs. 10;
Thirty-eight naye paise
Where it exceeds Rs. 10 and does not
exceed Rs. 50;
Seventy-five naye paise
Where it exceeds Rs. 50 and does not
exceed Rs.100;
One rupee and thirty-eight naye paise
Where it exceeds Rs. 100 and does not
exceed Rs.200;
Two rupees and eighty-two naye paise
Where it exceeds Rs. 200 and does not
exceed Rs.300;
Four rupees and twenty naye paise
Where it exceeds Rs. 300 and does not
exceed Rs.400;
Five rupees and sixty –two naye paise
Where it exceeds Rs. 400 and does not
exceed Rs.500;
Seven Rupees
Where it exceeds Rs. 500 and does not
exceed Rs.600;
Eight rupees and forty-four naye paise
Where it exceeds Rs. 600 and does not Nine rupees and twenty-two naye paise
135
exceed Rs.700;
Where it exceeds Rs. 700 and does not
exceed Rs.800;
Eleven rupees and twenty-five naye
paise
Where it exceeds Rs. 800 and does not
exceed Rs.900;
Twelve rupees and sixty-two naye
paise
Where it exceeds Rs. 900 and does not
exceed Rs.1000;
Fourteen rupees and six naye paise
and for every Rs. 500 or part thereof in
excess of Rs. 1,000;
Seven rupees
17. CANCELLATION— Instrument of
(Including any instrument by which any
instrument previously executed is
cancelled) if attested and not otherwise
provided for,
Fourteen rupees and six naye paise.
See also RELEASE (No.55)
REVOCATION OF SETTLEMENT (No.
58-B) SURRENDER OF LEASE (No.61)
REVOCATION OF TRUST (No. 64-B).
18. CERTIFICATE OF SALE (In
respect of each property put up as a
separate lot and sold), granted to the
purchaser of any property sold by public
auction by a Civil or Revenue Court or
Collector or the Revenue Officer—
(a) Where the purchase money does not
exceed Rs. 10
Thirty-eight naye paise
(b) Where the purchase money exceeds
Rs. 10,00 but does not exceed Rs. 25.
Seventy-five naye paise
(c) In any other case ..The same duty as a CONVEYANCE
(No.23) for a consideration equal to
the amount of the purchase money
only.
* * * * *
20. CHARTER PARTY—that is to say,
any instrument (Except an agreement for
the hire of a tug-steamer), whereby a
vessel or some specified principal part
thereof is let for the specified purposes of
the charterer whether it includes a penalty
clause or not.
Three rupees and seventy-five naye
paise.
* * * * *
22. COMPOSITION DEED— that is to
say, any instrument executed by a debtor,
whereby he conveys his property for the
benefit of his creditors, or whereby
payment of a composition or dividend or
Twenty-eight rupees and twelve naye
paise
136
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;
One rupees and thirty-eight naye paise
Where it exceeds Rs. 50 and does not
exceed Rs.100;
Two rupees and eighty-two naye paise
Where it exceeds Rs. 100 and does not
exceed Rs.200;
Five rupees and sixty-three naye paise
Where it exceeds Rs. 200 and does not
exceed Rs.300;
Eight rupees and forty-four naye paise
Where it exceeds Rs. 300 and does not
exceed Rs.400;
Eleven rupees and twenty-five naye
paise
Where it exceeds Rs. 400 and does not
exceed Rs.500;
Fourteen rupees and six naye paise
Where it exceeds Rs. 500 and does not
exceed Rs.600;
Sixteen rupees and eighty-eight naye
paise
Where it exceeds Rs. 600 and does not
exceed Rs.700;
Nineteen rupees and sixty-nine naye
paise
Where it exceeds Rs. 700 and does not
exceed Rs.800;
Twenty-two rupees and fifty naye
paise
Where it exceeds Rs. 800 and does not
exceed Rs.1,000;
Twenty-five rupees and thirty-two
naye paise
Where it exceeds Rs. 900 but does not
exceed Rs. 1,000;
Twenty-eight rupees and thirteen naye
paise.
and for every Rs. 500 or part thereof in
excess of Rs. 1,000;
Fourteen rupees and six naye paise
Exemption
Assignment of copyright under the
Copyright Act, 1957 (14 of 1957),
section 18.
CO-PARTNERSHIP DEED (See
Partnership No. 46).
24. COPY OR EXTRACT- Certified
to be a true copy or extract by or by order
of any public officer and not chargeable
137
under the law for the time being in force
relating to court fees—
(i) if the original was not chargeable with
duty, or if the duty, with which it was
chargeable does not exceed one rupees.
One rupee and thirty-eight naye paise
(ii) In any other case
Two rupees and eighty-two naye paise
Exception
(a) Copy of any paper which a public
officer is expressly required by law to
make or furnish for record in any public
office or for any public purpose.
(b) Copy of, or extract from any register
relating to births, baptisms, namings,
dedications, marriages, divorces, deaths or
burials.
25. COUNTERPART OR
DUPLICATE- of any instrument,
chargeable with duty and in respect of
which the proper duty has been paid-
(a) If the duty with which the original
Instrument is chargeable does not exceed
one rupee and fifty paise,
The same duty as is payable on the
original
(b) In any other case
Two rupees and eighty-two naye paise
Exemption
Counterpart of any lease granted to a
cultivator, when such lease is exempted
from duty.
26. CUSTOMS BOND—
(a) Where the amount does not
exceed Rs. 1,000.
The same duty as a BOTTOMRY
BOND (No. 16) for such amount,
(b) In any other case
Eighteen rupees and seventy-five naye
paise
* * * * *
DECLARATION OF ANY TRUST-
Se TRUST (No.64).
* * * * *
DEPOSIT OF TITLE -DEEDS—See
AGREEMENT relating to DEPOSIT
OF TITLE-DEEDS, PAWN OR
PLEDGE (No.6).
DISSOLUTION OF
PARTNERSHIP-See PARTNERSHIP
(No. 46).
138
29. DIVORCE- Instrument of, that is to
say, instrument by which any person
effects the dissolution of his marriage.
Three rupees and seventy-five naye
paise
DOWER- Instrument of –See
SETTLEMENT (No.58).
DUPLICATE- See COUNTERPART
(No. 25).
31. EXCHANGE OF PROPERTY-
Instrument of—
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
the value of the property of greatest
value as set forth in such instrument.
EXTRACT- See Copy (No.24)
32. FURTHER CHARGE— Instrument
of that is to say, any instrument imposing
a further charge on mortgaged property—
(a) When the original mortagage is one of
the description referred to in clause (a)
Article No. 40 ( That is, with possession);
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
the amount of the further charge
secured by such instrument.
(b) When such mortage is one of the
descriptions referred to in clause (b) of
Article No. 40 ( That is, without
possession)—
(i) if at the time of execution of the
instrument of further charge possession
of the property is given or agreed to be
given under such instrument;
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
the total amount of the charge
(including the original mortgage and
any further charge already made) less
the duty already paid on such original
mortgage and further charge.
(ii) If the possession is not so given.
The same duty as a BOTTOMRY
BOND (No. 16) for the amount of the
further charge secured by such
instrument;
33.GIFT-Instrument of, not being a
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
The same duty as a SECURITY
BOND (No. 57) for the same amount.
INSPECTORSHIP DEED- See
COMPOSITION DEED (No.22)
139
35. LEASE, including an under-lease
or sub-lease and any agreement to let or
sub-let-
(a) Whereby such lease the rent is
fixed and no premium is paid or
delivered—
(i) Where the lease purports to be for a
term of less than one year;
The same duty as BOTTOMRY
BOND (No. 16) for the whole amount
payable or deliverable under such
lease.
(ii) where the lease purports to be for a
term of not less than one year, but not
more than five years;
The same duty as a BOTTOMRY
BOND (No. 16) for the amount or
value of the average annual rent
reserved.
(iii) Where the lease purports to be for a
term exceeding five years, but not
exceeding ten years;
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
the amount or value of the average
annual rent reserved.
(iv) Where the lease purports to be for a
term exceeding ten years, but not
exceeding twenty years;
The same duty as a CONVEYANCE
(No.23) for a consideration equal to
twice the amount or value of the
average annual rent reserved.
(v) Where the lease purports to be for a
term exceeding twenty years, but not
exceeding thirty years;
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
three times the amount or value of the
average annual rent reserved.
(vi) Where the lease purports to be for a
term exceeding thirty years, but not
exceeding one hundred years;
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
four times the amount or value of the
average annual rent reserved.
(vii) Where the lease purports to be for a
term exceeding one hundred years, or in
perpetuity;
The same duty as a CONVEYANCE
( No. 23) for a consideration equal to
one-sixth of the whole amount of rent
which would be paid or delivered in
respect of first fifty years of the lease.
(viii) Where the lease does not purport to
be for any definite term;
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
three times the amount or value of the
average annual rent which would be
paid or delivered for the first ten years
if the lease continued so long.
140
(b)Where the lease is granted for a fine or
premium, or for money advanced and
where no rent is reserved;
The same duty as a CONVEYANCE
(No.23) for a consideration equal to
the amount or value of such fine or
premium, or advance as set forth in the
lease.
(c) Where the lease is granted for a time
or premium, or for money advanced in
addition to rent reserved.
The same duty as a CONVEYANCE
(No.23) for a consideration equal to
the amount or value of such fine or
premium, or advances as set forth in
the lease, in addition to the duty which
would have been payable on such
lease, if no fine or premium or advance
had been paid or delivered:
Exemption
Lease; executed in the case of a cultivator
and for the purpose of cultivation
(Including a lease of trees for the
production of food or drink) without the
payment or delivery of any fine or
premium, when a definite term is
ex-pressed and such term does not exceed
one year or when the average annual rent
reserved does not exceed one hundred
rupees.
Explanation— When a lessee undertakes
to pay any recurring charge, such as
Government revenue, the landlord’s share
of cesses or the owner’s share of
municipal rates or taxes (Which is by law
recoverable from the lessor, the amount so
agreed to be paid by the lessee shall be
deemed to be part of the rent.
* * *
*
LETTER OF GUARNTEE- See
AGREEMENT (No. 5).
38. LETTER OF LICENCE that is to
say, any agreement between a debtor and
his creditors that the latter shall, for a
specified time, suspend their claims and
allow the debtor to carry on business at
his own discretion.
Twenty-eight rupees and twelve naye
paise.
39. MEMORANDUM OF
ASSOCIAITON OF A COMPANY—
141
(a) if accompanied by articles of
association under section 26 of the
Companies Act, 1956 (1 of 1956).
Fifty-six rupees and twenty-five naye
paise
(b) if not so accompanied
One hundred and fifty rupees
Exemption
Memorandum of any association not
formed for profit and registered under
section 25 of the Companies Act, 1956 (1
of 1956).
40. MORTGAGE-DEED, NOT BEING
AN AGREEMENT RELATING TO
DEPOSIT OF TITLE DEEDS, PAWN
OR PLEDGE (No.6) BOND (No. 15),
MORTGAGE OF A CROP (No. 41),
RESPONDENTIA BOND (No. 56),
OR SECURIY BOND ( No. 57)—
(a) when possession of the property or
any part of the property comprised in such
deed is given by the mortgagor or agreed
to be given.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to
the amount secured by such deed.
(b) when possession is not given or agreed
to be given as aforesaid.
The same duty as a BOTTOMRY
BOND (No. 16) for the amount
secured by such deed.
Explanation— A mortgagor who gives
to the mortgagee a power-of-attorney to
collect rents or a lease of the property
mortgaged or part thereof, is deemed to
give possession within the meaning of this
article.
(C) When a collateral or auxiliary or
additional or substituted security, or by
way of further assurance for the above
mentioned propose where the principal or
primary security is duly stamped for every
sum secured not execeeding Rs.1,000
Rupee one and thirty-eight naye
paise
and for every Rs. 1,000 or part thereof
secured in excess Rs. 1,000.
One rupee and thirty-eight naye paise
Exemptions
(1) Instruments executed by persons
taking advances under the Land
Improvement Loans Act, 1883 (19 of
142
1883) or the Agriculturists Loans Act,
1884 (12 of 1984), or by their sureties as
security for the repayment of such
advances;
(2) Letter of hypothecation accompanying
a bill of exchange.
41. MORTGAGE OF A CROP
including any instrument evidencing an
agreement to secure the repayment of a
loan made upon any mortgage of a crop,
whether the crop, is or is not in existence
at the time of the mortgage—
(a) when the loan is repayable not
more than three months from the date of
the instrument—
For every sum secured not exceeding Rs.
200;
and for every Rs. 200 or part thereof
secured in excess of Rs. 200;
Twenty-five naye paise
(b) when the loan is repayable more than
three months but not more than eighteen
months, from the date of the instrument—
Twenty five naye paise
For every sum secured not exceeding Rs.
100;
Thirty-eight naye paise
and for every Rs. 100 or part thereof
secured in excess of Rs. 100.
Thirty- eight naye paise
42. NOTARIAL ACT that is to say, any
instrument, endorsement, note, attestation
certificate, or signed not being a
PROTEST ( No. 50) made or signed by a
Notary Public in the execution of the
duties of his office, or by any other person
lawfully acting as a Notary Public.
Two rupees and eighty-two naye paise
See also PROTEST OF BILL OR
NOTE (No. 50).
43. NOTE OR MEMORANDUM sent
by a Broker or Agent to his principal
intimating the purchase or sale on account
of such principal—
(a) of any goods, exceeding in value
twenty rupees;
Thirty-eight naye paise
(b) of any stock or marketable security Subject to a maximum of twenty-eight
143
exceeding in value twenty rupees;
rupees and twelve naye paise, thirty-
two naye paise for every rupees ten
thousand or part thereof of the value
of the stock or security.
44. NOTE OF PROTEST BY THE
MASTER OF A SHIP-See also
PROTEST BY THE MASTER OF A
SHIP (No. 51).
One rupee and eighty-eight naye paise
45. PARTITION- Instrument of as
defined by section 2 (15).
The same duty as a BOTTOMRY
BOND (No. 16) for the amount of the
value of the separated share or shares
of the property.
N.B.—The largest share remaining
after the property is petitioned (or if
there two or more shares of equal
value and not smaller than any of the
other shares, then one of such equal
shares) shall be deemed to be that from
which the other shares are separated.
Provided always that—
(a) When an instrument of
partition containing an
agreement to divide property
in severalty is executed and a
partition is effected in
pursuance of such agreement
the duty chargeable upon the
instrument effecting such a
partition shall be reduced by
the amount of duty paid in
respect of the first instrument
but shall not be less than one
rupee and thirty-eight naye
paise.
(b) Where land is held on
Revenue Settlement for a
period not exceeding thirty
years and paying the full
assessment, the value for the
purpose of duty shall be
calculated at not more than
five times the annual revenue.
(c) Where a final order for
effecting a partition passed by
144
any Revenue authority or any
Civil Court, or an award by an
arbitrator directing a partition,
is stamped with the stamp
required for an instrument of
partition, in pursuance of such
order or award is subsequently
executed, the duty on such
instrument shall not exceed
one rupee and thirty-eight naye
paise .
46.PARTNERSHIP—
A-Instrument of—
(a) Where the capital of the partnership
does not exceed Rs. 500;
Nine rupees and thirty-eight
paise
(b) in any other case Thirty-seven rupees and fifty
naye rupees
B—Dissolution of —
PAWN OR PLEDGE—See
AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS PAWN
OR PLEDGE (No.6).
Eighteen rupees and seventy five
naye paise
48.POWER –OF-ATTORNEY as
defined by section 2(21) not being a
proxy—
(a) when executed for this sole purpose
of procuring the registration of one or
more documents in relation to a single
transaction or for admitting execution of
one or more such documents;
One rupee and thirty-eight naye paise
(b) when required in suits or proceedings
under the Presidency Small Cause Courts
Act, 1882;
One rupee and thirty-eight naye
paise
(c) when authorizing one person or more
to act in a single transaction other than the
case mentioned in clause (a);
Two rupees and eight-two naye
paise
(d) when authorizing not more than five
persons to act jointly and severally in
more than one transaction or generally;
Fourteen rupees and six naye paise
(e) when authorizing more than five but
not more than ten persons to act jointly
and severally in more than one transaction
or generally;
Twenty-eight rupees and twelve naye
paise
145
(f) when given for consideration and
authorizing the attorney to sell any
immovable property;
The same duty as a CONVEYACE
(No.23) for the amount of
consideration
(g) In any other case
Two rupees and eighty-two naye paise
for each person authorized
N.B.—The term “Registration”
includes every operation incidental to
registration under the Indian
Registration Act, 1908 (16 of 1908).
Explanation— For the purposes of this
article more persons than one when
belonging to the same firm shall be
deemed to be one persons.
* * *
* *
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.
Three rupees and seventy-five naye
paise
51. PROTEST BY THE MASTER OF
A SHIP that is to say, any declaration of
the particulars of the voyage drawn up by
him with a view to the adjustment of
losses or the calculation of averages, and
every declaration in writing made by him
against the characters or the consignees
for not loading or unloading the ship
when such declaration is attested or
certified by a Notary Public or other
person lawfully acting as such.
Three rupees and seventy-five naye
paise
See also NOTE OF PROTEST BY THE
MASTER OF A SHIP (No. 44).
* * * * * *
54. RECONVEYANCE OF
MORTGAGED PROPERTY—
(a) if the consideration for which the
property was mortgaged does not exceed
Rs. 1,000;
The same duty as a CONVEYANCE
(No. 23) for the amount of such
consideration as set forth in the
reconveyance.
(b) in any other case Twenty-eight rupees and twelve naye
paise
55. RELEASE that is to say,
instrument not being such a release as is
provided for by section (23-A.), whereby
146
a person renounces a claim upon another
person or against nay specified
property—
(a) if the amount or value of the claim
does not exceed Rs. 1,000;
The same duty as a BOTTOMRY
BOND (No. 16) for such amount or
value as set forth in the release.
(b) in any other case Fourteen rupees and six naye paise
56. RESPONDENTIA BOND that is to
say, any instrument securing a loan on the
cargo laden or up to be laden on board a
ship and making repayment contingent on
the arrival of the cargo at the port of
destination.
The same duty as a BOTTOMRY
BOND (No. 16) for the amount of the
loan secured.
REVOCATION OF ANY TRUST
OR SETTLEMENT- See
SETTLEMENT (No. 58) TRUST (No.
64)
57. SECURITY BOND OR
MORTGAGE DEED executed by way
of security for the due execution of an
office, or to account for money or other
property received by virtue thereof, or
executed by a surety to secure the due
performance of a contract—
(a) When the amount secured does not
exceed Rs. 1,000.
The same duty as a BOTTOMRY
BOND (No. 16) for the amount
secured.
(b) In any other case
Fourteen rupees and six naye paise
Exemptions
Bond or other instrument, when
executed—
(a) By headmen nominated under rules
framed in accordance with the
Bengal Irrigation Act, 1876, (Bengal
Act 3 of 1876) section 99 for the due
performance of their duties under that
Act.
(b) By any person for the purpose of
guaranteeing that the local income
derived from private subscriptions to
a charitable dispensary or hospital or
any other subject or public utility
shall not be less than a specified sum
per mensem;
147
(c) By persons taking advances under
the Land Improvement Loans Act, 1883,
(19 of 1883) or the Agriculturists Loans
Act, 1884, (12 of 1884) or by their
sureties, as security for the repayment of
such advances;
(d) By officers of the Government or
their sureties to secure the due execution
of an office, or the due accounting for
money or other property received by
virtue thereof.
58. SETTLEEMNT —(A)
INSTRUMENT OF (including a deed of
dower).
The same duty as a BOTTORMY
BOND (No. 16) for a sum equal to the
amount or value of the property settled
as set forth in such settlement:
Provided that, where an agreement to
settle is stamped with the stamp
required for an instrument of
settlement and an instrument of
settlement in pursuance of such
agreement is subsequently executed ,
the duty on such instrument shall not
exceed one rupee and thirty-eight naye
paise.
Exemption
Deed of dower executed on the occasion of
a marriage between Mohammadans.
(B) REVOCATION OF The same duty as a BOTTOMRY
BOND (No. 16) for a sum equal to the
amount or value of the property
concerned, as set forth in the
instrument of Revocation, but not
exceeding twenty-eight rupees and
twelve naye paise.
See ALSO TRUST (No.64)
59. SHARE WARRANTS to bearer
issued under the Companies Act, 1956.
One and a half times the duty payable
on a CONVEYANCE (No. 23) for a
consideration equal to the nominal
amount of the shares specified in the
warrant.
Exemptions
Share warrant when issued by a company
in pursuance of the Companies Act, 1956,
(1 of 1956) section 114, to have effect only
upon payment, as composition for that
duty, to the Collector of stamp-revenue,
148
of—
(a) One and a half percentum of
the whole subscribed capital of
the company; or
(b) If any company which has paid
the said duty or composition in
fully, subsequently issues an
addition to its subscribed
capital, one and a half
percentum of the additional
capital so issued.
61. SURRENDER OF LEASE
(a) when the duty with which the lease is
chargeable does not exceed seven rupees
and fifty paise;
The duty with which such lease is
chargeable.
(b) in any other case Fourteen rupees and six naye paise
Exemptions
Surrender of lease, when such lease is
exempted from duty.
62. TRANSFER (Whether with or
without consideration)—
* * *
(c) of any interest secured by a bond
of mortgage deed—
(i) if the duty on such bond or mortgage
deed does not exceed seven rupees and
fifty paise;
The duty with which such bond or
mortgage deed is chargeable.
(ii) in any other case
Fourteen rupees and six naye paise
(d) of any trust-property under the
Administrator-General’s Act, 1913,
section 25;
(e) of any trust-property without
consideration from one trustee to
another trustee or from a trustee to
a beneficiary.
Twenty-eight rupees and twelve naye
paise
Fourteen rupees or such smaller
amount as may be chargeable under
clause (c) of the article.
Exemptions
Transfer by endorsement—
(b) of a delivery order, warrant for goods
149
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.
The same duty as a CONVEYANCE
(No.23) for a consideration equal to
the amount of the consideration for the
transfer.
Exceptions
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.
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-
two rupees and twenty naye paise.
B-REVOCATION OF—of or
concerning any property when made by an
instrument other than a will.
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 eight rupees and twenty naye
paise.
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.”
Seventy-five naye paise
[Vide Orissa Act 35 of 1962, s. 4]
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)
150
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)
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 well) 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—
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 or
charitable allowance.
The same duty as a BOND (No. 15) for the
same amount.
Rupees thirty
Rupees four
Forty paise
151
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
(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.
152
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
Fifty rupees
The same duty as a BOTTOMRY BOND (No.16)
for such amount.
Fifteen rupees
153
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.
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
Fifteen rupees
Ninety-five rupees
The same duty as a BOTTOMRY BOND (No.16)
or such amount.
Nineteen rupees
154
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 5,000.
One rupee subject to a maximum of one hundred
and rupees.
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
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;
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;
Thirty-five paise
Forty-five paise
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
Thirteen rupees
Fifteen rupees
Seven rupees and fifty paise
155
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
156
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
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
157
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.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
Six rupees
Eight rupees and fifty paise
Twelve rupees
Fifteen rupees
Seventeen rupees
Twenty rupees
Twenty-three rupees
Thirty rupees
Thirty rupees
Fifteen rupees
One rupee and fifty paise
Three rupees
158
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
* *
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);
The same duty as is payable on the original
Three rupees
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.
159
(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).
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;
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;
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.
160
(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.
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,
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. 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.
161
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
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;
Thirty rupees
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
162
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
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
One rupee and fifty paise
Thirty paise
Thirty paise
Forty paise
Forty paise
Three rupees
Forty paise
Subject to a maximum of thirty-five paise for
163
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).
PARTNERSHIP—
A—Instrument of—
(a) Where the capital of the partnership
does not exceed Rs. 500;
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 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
164
(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
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
Nineteen rupees
One rupee and fifty paise
One rupee and fifty paise
Three rupees
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
165
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.
(b) In any other case
Exemptions
Bond or other instrument, when executed—
* * *
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 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
166
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).
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
The same duty as a BOTTORMY BOND (No.
16) for a sum equal to the amount or value of the
property settled as set forth in such settlement:
Provided that, where an agreement to settle is
stamped with the stamp required for an
instrument of settlement and an instrument of
settlement in pursuance of such agreement is
subsequently executed, the duty on such
instrument shall not exceed one rupee and 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.
167
(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
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
The duty with which such lease is chargeable.
Fifteen rupees
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
168
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.”
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)
169
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—
(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 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
170
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)
171
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.
One hundred rupees
The same duty as a BOTTOMRY
BOND (No.16) for such amount.
Twenty-one rupees
172
(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
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.
Fifty rupees
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.
173
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. 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;
Thirty-five paise
Forty-five paise
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
174
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
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—
175
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
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
176
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.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
Twelve rupees
Fifteen rupees
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
177
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
* *
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
The same duty as a BOTTOMRY BOND
(No. 16) for such amount,
Fifty rupees
* * *
* * *
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
178
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).
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;
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;
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
179
(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
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
(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. 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.
180
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.
(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
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.
The same duty as a BOTTOMRY BOND
(No. 16) for the amount secured by such
deed.
Three rupees
Three rupees
181
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.
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).
Thirty paise
Thirty paise
Forty paise
Fifty paise
Twenty rupees
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
182
45. PARTITION- Instrument of as defined by
section 2 (15).
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 —
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
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
183
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
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
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
184
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.
(b) In any other case
Exemption
Bond or other instrument, when executed—
(a) By headmen nominated under rules
* * *
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
185
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).
Exemptions
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
consideration equal to the nominal amount
186
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;
* * *
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.
187
(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.
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]
Orissa
Amendment of Schedule I-A.--In Schedule I-A of the Principal Act,—
(i) in article 12, under column (1) for clause (a), the following clause shall be substituted,
namely:—
“(a) where the amount or the market value of the property to which the award relates, as
set forth in such award does not exceed Rs. 1,000.00”;
(ii) In article 23 under column (1) for the words, letters and figures “where the amount or
value of the consideration for such conveyance as set forth therein does not exceed
Rs. 50.00”, the words, letters and figures “where the amount or the value of the
consideration for such conveyance as set forth therein or the market value of the properly
does not exceed Rs. 50.00,” shall be substituted;
(iii) for the existing entry appearing in column (2) against article 31 the following entry shall
be substituted, namely:—
“The same duty as CONVEYANCE (No. 23) for a consideration as set forth in such
instrument or the market value of the property, whichever is higher.”;
(iv) for the existing entry appearing in column (2) against article 33, the following entry
shall be substituted, namely:—
188
“The same duty as a CONVEYANCE (No.23) for a consideration as set forth in such
instrument or the market value of the property, whichever is higher.”;
(v) in the existing entry appearing under column (2) against article 45, for the words “
amount of the value” the words “ amount of the market value” shall be substituted;
(vi) for article 58, the following shall be substituted in their respective columns, namely:—
“58 (A) SETTLEMENT-(A) INSTRUMENT OF The same duty as a (including a deed of power).
(B) REVOCATION OF …
BOTTOMRY BOND (No. 16) for the sum
equal to the amount or the market value of
the property settled whichever is higher 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
the market value of the properly
concerned, as set forth in the instrument of
Revocation, but not exceeding forty-two
rupees.”;
(vii) in article 64, in the existing entries under column (2) appearing against article 64 for the
words “ value of the property concerned wherever they occur the words “the market
value of the properly concerned” shall be substituted.
[Vide Orissa Act 7 of 1987, s. 10]
Tripura
Amendment of the Schedule.—For items No. 3, 4, 5(e), 6(2)(a), 6(2)(b), 15, 17, 23, 24, 25, 29,
40(c), 46A(b), B, 48(a) (c) (d) (e) (g), 54(b), 55(b) and 57(b) of Schedules—1 of the Act, the following
shall be substituted namely:—
Description of instrument Proper Stamp Duty
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.
Fifty Rupees.
4. AFFIDAVIT, including an affirmation or
declaration in the case of persons by law
allowed to affirm or declare instead of
swearing.
Five Rupees.
189
EXEMPTIONS
(a) Affidavit or declaration in writing when
made as a condition of enlistment under the
Army Act 1950, Act, XLVI of 1950.
(b) for the immediate purpose of being filed or
used in any Court or before the officer of any
Court ; or
(c) for the sole purpose of enabling any person
to receive any pension or charitable
allowance.
5. AGREEMENT OR MEMORANDUM OF
AN AGREEMENT: —
(e) if not otherwise provided for
Ten Rupees
6. AGREEMENT RELATING TO DEPOSIT
OR TITLE DEEDS PAWN OR PLEDGE that
is to say any instrument evidencing an
agreement relating to:—
(2) the pawn or pledge or 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 date
of the instrument evidencing the agreement—
If the amount of loan does not exceed Rs.
500/-;
Five Rupees
If it exceeds Rs. 500/- and does not exceed
Rs. 1000/-;
Ten Rupees
And for every Rs. 1000/- or part thereof in
excess of Rs. 1000/-.
Ten Rupees.
(b) If such loan or debt is repayable not more
than three months from the date of such
instrument.
Half the duty payable under Sub-clause (a)
subject to minimum of five Rupess.
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. 400/-;
Five Rupees
Where it exceeds Rs. 400/- and does not
exceed Rs. 600/-;
Ten Rupees.
Where it exceeds Rs. 600/- and does not
exceed Rs. 800/-;
Fifteen Rupees.
Where it exceeds Rs. 800/- and does not
exceed Rs. 1000/-;
Twenty Rupees.
190
and for every Rs. 500/- or part thereof in
excess of Rs. 1000/-;
Fifteen Rupees.
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, (Act III of 1876), section 99,
for due performance of their duties under
that Act.
(b) any person for the purpose of quaranting
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.
7. Cancellation—Instrument of (Including any
instrument by which any instrument
previously executed 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).
23. Conveyance (as defined by Section 2 (l0),
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. 200/- ;
Ten Rupees.
Where it exceeds Rs. 200/- but does not
exceed Rs. 300/-;
Fifteen Rupees.
Where it exceeds Rs. 300/- but does not
exceed Rs. 400/-;
Twenty Rupees.
Where it exceeds Rs. 400/- but does not
exceed Rs. 500/-;
Twenty five Rupees.
Where it exceeds Rs. 500/- but does not
Exceed Rs. 600/-;
Thirty Rupees.
Where it exceeds Rs. 700/- but does not
exceed Rs. 800/-;
Forty Rupees.
Where it exceeds Rs. 800/- but does not
exceed Rs. 900/-;
Forty five Rupees.
Where it exceeds Rs. 900/- but does not
exceed Rs. 1000/-;
Fifty Rupees.
and for every Rs. 500/- or part thereof in
excess of Rs. 1000/-
Twenty five Rupees.
EXEMPTION
Assignment of Copy Right Act, 1957, Act
191
XIV of 1957.
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;
Five Rupees.
(ii) in any other case not falling within the
provisions of Section 6 A;
Ten Rupees.
EXEMPTIONS
(a) Copy of any paper which a public officer
is expressly required by law to make or
furnish for record in any public office or for
any public purpose.
(b) Copy of, or extract from, any register
relating to births, baptisms, naming
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 Five
Rupees;
Five Rupees.
(b) in any other case not falling within the
provisions of Section 6A.
Ten Rupees.
EXEMPTION
Counterpart of any lease granted to a
cultivator when such lease is exempted from
duty.
29. 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).
40. MORTGAGE—DEED, not being an
Agreement relating to Deposit of Title deeds,
pawn or pledge (No. 6) Bottomry Bond (No.
16) Mortgage of a Crop (No. 41),
Respondentia Bond (No. 56) or Security Bond
(No. 57),
(C) When a Collateral or auxiliary or
additional or substituted security or by way of
Five Rupees.
192
[Vide Tripura Act 1 of 1992, s. 3]
further assurance for the above mentioned
purpose where the principal or primary
security is duly stamped for every primary
and for every Rs. 1000/- or part thereof
secured in excess of Rs. 1000/-;
Five Rupees.
46. PARTNERSHIP—
A)—Instrument of
(b)—in any other case One hundred Rupees.
B)—Dissolution of Fifty Rupees;
48. POWER OF ATTORNEY—
[as defined by section 2(21)—not being a
proxy.
(a) When executed for the sale 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;
Five Rupees.
(c) When authorising one person or more to
act in a single transaction other than the case
mentioned in Clause (a);
Fifteen Rupees.
(d) When authorising one person not or more
to act in a single transaction or generally;
Fifty Rupees.
(e) When authorising more than five but not
more than ten persons to act jointly and
severally in more than one transaction or
generally;
One hundred Rupees.
(g) in any other’ case
Fifteen Rupees for each person authorized.
54. RECONVEYANCE OF MORTGAGED
PROPERTY—
(b) in any other case Fifty 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 any
specified property—
(b) in any other case. Thirty Rupees.
57. Security Bond or mortgaged—deed,
executed by way of security for the due
execution of an office or to account for money
or other property received by virtue thereof, or
executed by a surety to secure the due
performance of the contract—
(b) in any other case. Thirty Rupees,
193
Amendment of the Schedule.—For item No. 23 of Schedule— I of the principal Act as inserted by
the Union Territories Taxation Laws (Amendment) Act, 1971 (73 of 1971), the following shall be
substituted, namely:—
23. CONVEYANCE (as defined by section 2(10), not being a Transfer charged or exempted under No.
62—
where the amount or value of the. consideration
for such conveyance as set forth therein does
not exceed Rs.50 ;
Two rupees.
where it exceeds Rs. 50 but does not
exceed Rs. 100;
Four rupees.
where it exceeds Rs, 100 but does not
exceed Rs. 200;
Eight rupees.
where it exceeds Rs. 200 but does not
exceed Rs. 300;
Twelve rupees.
where it exceeds Rs. 300 but does not
exceed Rs. 400;
Sixteen rupees.
where it exceeds Rs. 400 but does not
exceed Rs. 500;
Twenty rupees.
where it exceeds Rs. 500 but does not
exceed Rs. 600;
Twenty four rupees.
where it exceeds Rs. 600 but does not
exceed Rs. 700;
Twenty eight rupees.
where it exceeds Rs. 700 but does not
exceed Rs. 800;
Thirty two rupees.
where it exceeds Rs. 800 but does not
exceed Rs. 900;
Thirty six rupees.
where it exceeds Rs. 900 but does not
exceed Rs. 1,000;
Forty rupees.
and for every Rs. 500 or part thereof in
excess of Rs. 1,000;
Twenty rupees.
EXEMPTION
Assignment of copyright under the Copy Right Act,
1957 (Act XIV of 1957).
CO-PARTNERSHIP DEED— See
Partnership (No. 46)."
[Vide Tripura Act No. 14 of 1979, s. 3]
Manipur
Amendment of Schedule I- in Schedule 1 of the Indian Stamp Act, 1899 (No. 2 of 1899), for the
instruments described in Article 23, the following shall be substituted, namely:--
“23. CONCEYANCE [as defined by section 2(10)],
not being a Transfer charged or exempted under No.
62-
Three rupees for every Rs. 100 or part thereof of
the consideration for such conveyance or, as the
case may be, the market value of the property
which is the subject matter or such conveyance
whichever is greater.”.
[Vide Manipur Act 6 of 2011, s. 2]
194
For the Schedule I appended to the Principal Act, the following Schedule shall be substituted, namely:--
SCHEDULE I
STAMP DUTY ON CERTAN INSTRUMENTS
(See section 3 and first Proviso)
Description of instrument Proper stamp-duty.
1 2
1. ***
2. ADMINISTRATION BOND including a bond
given under section 6 of the Government Savings
Banks Act, 1873 (Act v of 1873) or section 291 or
section 375 or section 316 of the Indian Seccession
Act, 1925 (Act XXXIX of 1925)
(a) Where the amount does not exceed Rs. 1, 000-
(b) in any other case.
The same duty as a bond (No. 15) for such amount
Eighteen 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.
Thirty six rupees.
4. AFFIDAVIT, including an affirmation or
declaration in the case of persons by law allowed to
affirm or declare instead of swearing.
Three rupees sixty paise.
EXEMPTION
5. Affidavit or declaration in writing when made.
(a) As a condition or enlistment under the Indian
Army Act, 1950 (Act XLVI of 1950)
(b) for the immediate purpose of being filed or used
in any court or before the officer of any court; or
(c) for the sole purpose of enabling any person to
receive any pension or charitable allowance.
5. ***
6. AGREEMENT RELATING TO DEPOSIT OR
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
195
security), or
(2) the pawn or pledge 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 date of
the instrument evidencing the agreement—
if the amount of loan does not exceed Rs. 5000/-
if it exceeds Rs. 5000/- and does not exceed Rs.
1,000/-
(b) if such loan or debt is repayable not more than
three months from the date of such instrument.
Three rupees.
Six rupees.
Six rupees.
Half the duty payable under sub-clause (a).
EXEMPTION
Inspection of pawn or pleadge of goods if
unattested.
7. APPOINTMENT IN EXECUTION A POWER,
whether or trustee or of property movable or
immovable, where made by way writing not being
a will—
(a) where the value of the property does not exceed
Rs. 1, 000/-
(b) in any other case.
Thirty rupees.
Fifty-four rupees.
8. APPRAISEMENT OR VALUATION mode
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.
The same duty as a bond (No. 15) for such amount.
Eighteen rupees.
EXEMPTIONS
(a) Appraisement or valuation made for the
information of one party, only and not being in any
manner obligatory between parties either by
agreement or operation of law.
(b) Appraisement of crops for the purpose of
ascertaining or operation of law.
9. APPRENTICESHIP-DEED, including every
writing relating to the service or tuition of any
apprentice, clerk or servant placed with any master
to taken any profession, trade or employment.
196
EXEPTION
Instrument of apprenticeship executed by a
Magistrate under the Apprentices Act, 1961 (Act
LII of 1961) or by which a person is apprenticed
by, or at the charge of any public charity.
10. * * *
11. 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 bound (No. 15) for the amount
or value of the property to which the award relates
a set forth in such award subject to a maximum of
ninety rupees.
13. BILL OF EXCHANGE (as defined by S. 2(2)
not being a bond, Bank Note or currency notes:--
3(b) where payable otherwise than on demand:--
(i) where payable not more than three months after
date or sight—
if the amount of the bill or note does not exceed Rs.
500/--
if it exceeds Rs. 500/- but does not exceed Rs. but
does not exceed Rs. 1, 000/-
and for every additional Rs. 1, 000/-or part thereof
in excess of Rs. 1, 000/-
(ii) where the payable more than three months but
not more than six months after date or sight—
If the amount of bill or note does not exceeds Rs.
500/-
If it exceeds Rs. 500/- but does exceed Rs. 1, 000/-
And for every additional Rs. 1,000/- or part thereof
in excess of Rs. 1, 000/-
(iii) Where payable more than six months but not
more than nine months after date sight—
IF the amount of the bill or note does not exceed
Rs. 500/-
If it exceeds Rs. 500/- but does not exceed Rs. 1,
000/
One rupees and fifty paise.
Three rupees.
Three rupees.
Three rupees.
Six rupees.
Six rupees.
Four rupees fifty paise.
Nine rupees.
Nine rupees.
Six rupees.
Twelve rupees.
Twelve rupees.
Twelve rupees.
Twentyfour rupees.
Twentyfour rupees.
197
And for every additional Rs. 1, 000/- or part thereof
in excess of Rs. 1, 000/-
(iv) Where payable more than nine months but not
more than one year after date sight—
If the amount of the bill or note does not exceed Rs.
500/-
If it exceeds Rs. 500/- but does not exceed Rs. 1,
000/-
And for every additional Rs. 1,000/-Or part thereof
in excess of Rs. 1,000/-
(c) Where payable at more than one year after date
or sight—
If the amount of the bill or note does not exceed Rs.
500/-
If it exceeds Rs. 500/- but does not exceed Rs. 1,
000/-
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
landing)
(a) Bill of lading when the goods therein describing
are received at a place within the limits of any port
as defined under the Indian Ports Act, 1908 (15 of
1908) and are to be delivered at another place
within the limits of the same port.
(b) Bill of lading when executed out of India and
relating to property to be delivered in India.
N.B. –If a bill a lading is drawn in part. The proper
stamp therefor 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 (VII of 1870).
Where the amount or value secure does not exceed
Rs. 1,00.
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.
Thirty rupees.
Sixty rupees.
One rupee twenty paise.
Three rupees.
Four rupees fifty paise.
Six rupees.
Eight rupees ten paise.
Ten rupees eighty paise.
Twelve rupees sixty paise.
198
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. 800/- and does not exceed Rs.
1,000/-
and for every Rs. 500/- does not and/ or part
thereof in excess of Rs. 1, 000/-
Bottonmry Bond (No. 16) Custom Bond (No. 26)
Indemnity Bond (No. 56) Security Bond (No. 57).
Forteen rupees sixty paise.
Sixteen rupees twenty paise.
Eighteen rupees.
Nine rupees.
EXEMPTIONS
Bond, when executed—
(a) heasment 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 guatanteeing that
the local income derived from private
subscriptions to a charitable dispensary or hospital
or any other object or public utility shall to be less
than a specified sum per mensem.
16. *** ***
17. CANCELLATION—Instrument of (including
any instrument by which any instrument previously
executed is cancelled), if attested and not otherwise
provided of.
Eighteen rupees.
18. CERTIFICATION OF SALE (in respect of
each property put as a separate lot and sold),
granted to the purchaser of any property sold by
public auction by a Civil or Revenue Court, or
Collector or other Revenue Officer—
(a) where the purchase-money does not exceed Rs.
10/-
(b) where the purchase-money exceeds Rs. 10/- but
Sixty paise.
Ninety paise.
The same duty as a conveyance (No. 23) for a
199
does not exceed Rs. 25/-
(c) in any other case./
consideration equal to the amount of the purchase
money only.
19. *** ***
20. *** ***
21. *** ***
22. COMPOSITION DEEDS—that is to say, any
instrument executed by a debenture, whereby the
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 debtors business, under the supervision of
inspectors or under letters of licence 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/- but does not exceed Rs.
100/-
Where it exceeds Rs. 100/- but does not exceed Rs.
200/-
Where it exceeds Rs. 200/- but does not exceed Rs.
300/-
Where it exceeds Rs. 400/- but does not exceed Rs.
500/-
Where it exceeds Rs. 500/- but does not exceed Rs.
600/-
Where it exceeds Rs. 600/- but does not exceed Rs.
700/-
Where it exceeds Rs. 700/- but does not exceed Rs.
800/-
Where it exceeds Rs. 800/- but does not exceed Rs.
900/-
And for every Rs. 500 or part thereof in excess of
Rs. 1, 000.
One rupee and thirty eight paise.
Two rupees seventy paise.
Five rupees forty paise.
Eight rupees and ten paise.
Ten rupees and eighty paise.
Thirteen rupees and fifty paise.
Sixteen rupees and twenty paise.
Eighteen rupees and ninety paise.
Twenty one rupees and sixty paise.
Twentyfour rupees and thirty paise.
Twentyseven rupees.
Thirteen rupees and fifty paise.
EXEMPTION
Assignment of copy right under the copy Right
Act, 1957 (Act XVI of 1957)
200
CO-PARTNERSHIP DEED—See partnership No.
46
24. COPY OF EXTRACT, certified to be a true
copy or extract y or 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 not falling within the
provisions of section 6A.
One rupees eighty paise.
Three rupees and sixty paise.
EXEMPTIONS
(a) Copy of any paper which a public officer is
expressly required by law to make or furnish for
record in any public officer or for any public
purpose.
(b) Copy of, or extract from any register relating to
births, baptism, namings, dedicatings, 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 instruments
is chargeable does not exceed two rupees.
(b) in any other case not falling within the
provisions of section 6A.
The same duty as is payable on the original.
Three rupees an sixty paise.
EXEMPTIONS
Counterpart of any lease granted to a cultivator,
when such lease is exempted from duty.
26. CUSTOME BOND--
(a) where the amount does not exceed Rs. 1, 000/- The same duty as a Bond (No. 15) for such amount
(b) in any other case. Twenty-four rupees.
27. DEBENTURE whether a mortage debenture or
note, being a make table security transferable—
(a) by the endorsement or by a separate instrument
of transfer.
Where the amount or by a separate not exceed Rs.
10
Where tit exceeds Rs. 10 and does not exceed Rs.
50.
Ditto 50 ditto 100
Twenty five paise.
201
Ditto 100 ditto 200
Ditto 200 ditto 300
Ditto 300 ditto 400
Ditto 400 ditto 500
Ditto 500 ditto 600
Ditto 600 ditto 700
Ditto 700 ditto 800
Ditto 800 ditto 900
Ditto 900 ditto 1,000
And for every 500 or part thereof in excess of Rs.
1, 000.
Fifty paise.
Ninety paise.
Ninety paise.
One rupee eighty paise.
Two rupees seventy paise.
Three rupees sixty paise.
Four rupees fifty paise.
Six rupees thirty paise.
Seven rupees twenty pasie.
Eight rupees ten paise.
Nine rupees.
Four rupees fifty paise.
(b) by delivery
Where the amount or value of the consideration for
such debenture as set forth therein does not exceed
Rs. 50.
Ninety paise.
Where it exceeds Rs. 50 but does not exceed Rs.
100
Ditto100 ditto 200.
Ditto 200 ditto 300
Ditto 300 ditto 400
Ditto 400 ditto 500
Ditto 500 ditto 600
Ditto 600 ditto 700
Ditto 700 ditto 800
Ditto 800 ditto 900
Ditto 900 ditto1000
And for every Rs. 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.
One rupees eighty paise.
Three rupees sixty paise.
Five rupees forty paise.
Seven rupees twenty paise.
Nine rupees.
Ten rupees eighty paise.
Twelve rupees sixty paise.
Fourteen rupees forty paise
Sixteen rupees twenty paise.
Eighteen rupees.
Nine rupees.
EXEMPTIONS
A debenture issued by an incorporated company or
other body corporate in terms of a registered
mortgaged-deed, terms of a registered mortgaged-
202
deed, duly stamped in respect of the full amount of
debenture to be issued thereunder whereby the
company or body borrowing makes over, in whole
or in part, their property to trustees for the benefit
of the debenture holders;
Provided that the debenture so issued are expressed
to be issued in terms of the said mortgage-deed.
DECLARATION OR ANY TRUST—
See Trust (No. 64).
DUBLICATE—See Counterpart (No. 25).
28. DELIVERY ORDER IN RESPECT OF
GOODS, that is say, any instrument entitling any
person therein named, or his assigns or the holder
thereof, to the delivery of any goods, lying in any
docks or ports or in any warehouse in which goods
are stored or deposited on rent of hire, or upon
wharf, such instrument being signed by or on
behalf of the owner of such goods upon the state or
transfer of such goods upon the sal or transfer the
property therein, when such goods exceed in value
twenty rupees.
DEPOSIT OF TITLE-DEEDS— See agreement
relating to Deposit of Title-deeds, pown or pledge
(No. 6)
Twenty five paise.
29. DIVORCE-Instrument of, that is to say, any
instrument by which any person effects the
dissolution of his marriage.
DOWER—Instrument of, See Settlement (No. 58)
DUBLICATE-See counterpart (No. 25).
30. *** ***
31. EXCHANCE OF PROPERTY—Instrument of. The same duty [as a conveyance (No. 23) for
consideration equal of the value of the property of .
greater value as set forth in such instrument.
EXTRACT—See copy (No. 24).
32. FURTHER CHARGE-Instrument of, that is to
say, any instrument imposing a further charge on
mortgage 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
consideration equal of the value of the property of .
greater value as set forth in such instrument.
(b) when such mortgage is one of the description
referred to in clause (b) of Article No. 40 (that is
without possession).
203
(i) if at the time of execution of the instrument of
further charge possession of the property is given
or agreed to be given under such instrument;
The same duty as a conveyance (No. 23) for a
consideration equal to the total amount of the
charge including the original mortgaged and further
charge already made the duty.
(ii) if possession if 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.
HIRIING AGREEMENT OF AGREEMENT for
service, see Agreement (No. 5) INDEMNITY
BOND.
The same duty as a security Bond (No. 57) for the
same amount.
INSPECTORSHIP DEED—See composition Deed
(No. 32).
35. LEASE, Including as under lease or sub-lease
and duty agreement to let 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 but not exceeding twenty
years.
The same duty as a conveyance (No. 23) for a
consideration equal twice the amount or value of
the average annual rent reserved.
(v) where the lease purports to be for a term
exceeding twenty years but not exceeding thirty
years.
The same duty as a conveyance (No. 23) for a
consideration equal to three times the amount or
value of the average annual rent reserved.
(vi) where the lease purports to be for a term
exceeding thirty years but not exceeding one
hundred years.
The same duty as a conveyance (No. 23) for a
consideration equal to four times the amount or
value of the average annual rent reserved.
(vii) where the lease purports to be for a term
exceeding one hundred years or in perpetuity;
The same duty as a conveyance (No. 23) for a
consideration equal in the case of lease granted
solely for agricultural purpose to one tenth and in
any other case to one 6th of the whole amount of
rents which would be paid or delivered in respect
of the Ist fifty years of the lease.
(viii) where the lease does not purports to be for
any definite term;
The same duty as a conveyance (No. 23) for a
consideration equal to three times the amount or
204
value of the average annual rent which would be
paid or delivered for the first tenth years if the lease
continued so long.
(b) where the lease is granted for a fine or premium
or for money advance and where no rent is
reserved.
The same duty as a conveyance (No. 23) for a
consideration equal to the amount or value of such
fine or premium or advance as set forth in the lease.
(c) where the lease is granted for a 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; 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-velorem stamp
required for a lease and lease in pursuance of such
agreement is subsequently executed the duty on
such lease shall not exceed one rupee forty paise.
EXEMPTIONS
Lease, executed in the case of a cultivator and for
the purposes of cultivation (including a lease of
trees for the production of food or drink) without
the payment or delivery of any fine or premium
when a definite term is expressed and such terms
does not exceed one year or when the average
annual rent reserved does not exceed one hundred
rupees.
In this exemption a lease for the purposes of
cultivation shall include a lease of land for
cultivation together with a homestead or tank.
Explanation.—When a lease undertakes to pay any
recurring charge such as Government revenue, the
landlord’s share of lease, 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 lease shall be deemed to be part of the
rent.
36. ***
37. LETTER OF CREDIT, that is to say any
instrument by which one person authorizes another
to give credit to person in whose favour it is drawn.
Twenty paise.
LETTER OF GUARANTEE (See agreement No.
5)
38. LETTER OF LICENCE, that is to say, any
agreement between a debtor and his creditors that
the letter shall for a specified time, suspend their
Twenty four rupees.
205
claims and allow the debtor to carry on business at
his own discretion.
39. * *
40. MORTGAGE-DEED, not being an agreement
relating to Deposit to Title-deeds, pawn or Pledge
(No. 6) Bottormry Bond (No. 16) mortgage,
Mortgage of a crop (No. 4) Rasdentia 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
mortgaged or agreed to be given.
The same duty on a convenyance (No. 23) for a
consideration equal to the amount secured by such
deed.
(b) when possession is not given or agreed as
aforesaid:
The same duty as a Bond (No. 15) the amount
secured by such deed.
Explanation.—A mortgager who gives to the
mortgage a power of attonery 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/-
One rupee eighty paise.
And for every Rs. 1, 000 or part thereof secured in
excess of Rs. 1, 000/-
EXEMPTIONS
(1) Instruments excuted by persons taking advance
under the land improvement Loans Act, 1883 (Act
XIX of 1883) or the Agriculrurists Loans Act, 1884
(Act XII) 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 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/-
For every Rs. 200/- or part thereof secured in
excess of ;
Thirty paise.
Thirty paise.
206
(b) when the loan is repayable more than three
months, but not more than eighteen months from
the date instrument.
Fortyeight paise.
42. NOTARIAL ACT, that is to say, any
Instrument endorsement, note attestation,
certificate, or entry not being a PROTEST (no. 50)
made or signed by a Notary Public in the execution
of the duties of his office or by any other person
lawfully acting as a Notary Public.
See also protest of bill or Note (No. 50).
Three rupees and sixty paise.
43. *** *** ***
44. *** *** ***
45. PARTITION—Instrument of (as defined by
section 2(15).
The same duty as a Bond (No. 15) for the amount
of the value of the separated share for shares of the
property.
N.B. The largest share remaining after the property
is partitioned for if there are two or more shares of
equal value and not smaller than any of the other
shares, then one of such equal shares) shall be
deemed to be that from which the other shares are
separated.
Provided always that---
(a) When an instrument of partition containing an
agreement to divide property in severally is
executed and a partition is effected in pursuance of
such agreement the duty chargeable upon the
instrument effecting such partition shall be reduced
by the amount of duty pain in respect of the first
instrument but shall not be less than two 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 stamped required for
an instrument of partition in pursuance of such
order or award is subsequently executed, the duly
such instrument shall not exceed two rupees.
46. PARTNERSHIP
A. (a) where the capital or the partnership does not
exceed Rs. 1, 000/-
The same duty as a Bond (No. 15)
207
(b) in any other case. Fortyeight rupees.
B. DISSOLUTION of PAWN OR PLEADE—See
Agreement relating to Deposit of title-deeds, Pawn
or Pledge (No. 6)
Twentyfour fees.
47. POLICY OF INSURANE—
A-SEA INSURANCE (See Section 7)
if down singly.
If drawn in duplicate for each part.
(i) for or upon any vovage
(ii) where the premium or consideration does not
exceed the rate of one eight per centum of the
amount insured by policy.
12 paise. Six Paise.
(iii) in any other case, in respect of every full sum
of one thousand five hundred rupees and also any
fractional part of one thousand five hundred rupees
insured by the policy.
(2) for time—
(iii) in respect of every full sum of one thousand
rupees and also any fractional part of one thousand
rupees insured by the policy.
Where the insurance shall be made for time not
exceeding six months.
Eighteen paise. Twelve paise.
Where the insurance shall be made for any time not
exceeding six months, and not exceeding twelve
months.
Thirty paise. Eighteen paise.
B. (FIRE INSURANE AND OTHER CLASSES
OF INSURANCE, NOT ELSEWHERE
INCLUDING IN THE ARTICLE, COVERING
GOODS, MERCHANDISE, PERSONAL
EFFECTS, CROPS, AND OTHER PROPERTY
AGAINST LOSS OR DAMAGE.
(1) in respect of an original policy.
(i) when the sum insured does not exceed Rs.
5,000/-
Sixty Paise.
(ii) in any other case. One rupee twenty paise.
(2) In respect of each receipt for any payment of a
premium on any renewal of an original policy.
One half of the duty payable in respect of the
original policy in additional to the amount if any,
chargeable, under No. 53.
ACCIDENT AND SICKNESS INSURANCE—
(a) against railway accident, valid for a single
journey only.
Twelve paise.
EXEMPTION
208
When issued to a passenger, travelling by the
intermediate under the third class in any railway;
(b) in any other case for the maximum amount
which may become payable in the case of any
single accident or sickness where such amount does
not exceed Rs. 1,000/- and also where such amount
exceeds Rs. 1, 000/- for every Rs. 1, 000 or part
thereof.
Eighteen paise. Provided that, in case of policy of
insurance against death by accident when the
annual premium payable does not exceed Rs. 2.50
per Rs. 1000/- the duty on such instrument shall be
twelve paise for every Rs. 1000/- or part thereof of
the maximum amount which may become payable
under it.
3. (CC-INSURANCE BY WAY OF INDEMNITY
against ability to pay damages on account of
accident’s to workmen employed by or under the
insurer or against liability to pay compensation
under, the workmen’s Compensation Act, 1923 (8
of 1923) for every Rs. 100/- or part thereof payable
as premium).
1. (D-LIFE INSURANCE OR GROUP
INSURANE OR OTHER INSURANE NOT
SPECIFICALLY PROVIDED FOR except such a
REINSTRANCE as is described in Division of this
article—
(i) for every sum insured not exceeding Rs. 250/- Eighteen paise. Twelve paise.
(ii) for every sum insured exceeding Rs. 250/- but
not exceeding Rs. 500/-
Thirty paise. Eighteen paise.
(iii) for every sum insured exceeding Rs. 500/ but
not exceeding 1, 000/ part there of in exceed of Rs.
1, 000/-
Forty-eight paise. Twenty four paise.
N.B. if a policy of group insurance is renewed or
otherwise modified where by the sum insured on
which stamp. Duty has been paid, the proper stamp
must be borne on the excess so incurred.
EXEMPTION
Policies of life insurance granted by the Director
General of Post Offices in accordance with rules
for postal life insurance issued under authority of
the Central Government.
E-RE-INSURANCE BY AN INSURANCE
COMPANY, which has granted a policy of the
nature specified in Division A or Division B of this
Article with another company by way of indemnity
or guarantee against the payment on the original
insurance of a certain part of the sum insured
thereby.
One quarter of the duty payable in respect of the
original insurance but not less than twelve paise or
more than one rupee twenty-five paise. Provided
that, if the total amount of duty payable is not a
multiple of five paise, the total amount shall be
rounded up to the next higher multiple of five
paise.
GENERAL EXEMPTION
Letter of cover or engagement to issue a policy of
insurance.
209
Provided that, unless such letter or engagement
bears the stamp prescribed by this Act for such
policy, nothing shall be claimable thereunder, nor
shall it be available for any purpose, except to
compel the delivery of the policy therein
mentioned.
48. POWER OR ATTORNEY
(as defined by section) 2(21) not being a proxy—
(a) when executed for the sole purpose of procuring
the registration of one or more documents in
relating to a single transactions or for admitting
executing of one or more such documents.
One rupee eight paise.
**** ****
(c) when authorizing one person or more to act in
single transactions other than the case mentioned in
clause (a)
Three rupees sixty paise.
(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 persons but
more than ten persons to act jointly and ten persons
to act jointly and severally in more than one
transaction or generally;
Twenty four rupees.
(f) when given for consideration and authorizing
the attorney to sell and immovable property;
The same duty as a conveyance (No. 23) for the
amount of the consideration.
(g) in any other case. (Three sixty paise) three rupees sixty paise for each
person authorised.
Explanation.—for the purpose of this Articles more
persons than one whom belonging to the firm shall
be deemed to be one person
N.B. The term “Registration” included every
operation incidental to registration under the Indian
Registration Act, 1908 (Act XVI) of 1908.
49. PROMISSORY NOTE (as defined by section
2(2).
(a) when payable on demand—
(i) when the amount or value does not exceed Rs.
250/--;
(ii) when the amount or value exceed Rs. 250/- but
does not exceed Rs. 1, 000/-
(iii) in any other case.
Twelve paise.
Eighteen paise.
Thirty paise.
(b) when payable otherwise than on demand. The same duty as a Bill of exchange (No. 13) for
the same amount payable otherwise than on
demand.
210
50. *** **** ****
51. *** *** ****
52. *** *** ***
53. *** *** ***
54. RECONVEYANCE OF MORTGAGED
PROPERTY (a) if the consideration for which the
property was mortgaged does not exceed Rs. 1000/.
The same duty as a conveyance (No. 23) for the
amount of such consideration as set forth in the
reconveyance.
(b) in any other case. Thirty six rupees.
55. RELEASE, that, is to say, any instrument not
being such a release as is provided for bye 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. 1000/-
The same duty as a Bond (No. 15) for such amount
or value as set forth in release.
(b) in any other case. Eighteen rupees.
56. *** *** ***
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.
1000/-
The same duty as a Bond (No. 15) for the amount
secured
(b) in any other case. Eighteen rupees.
EXEMPTIONS
Bond or other instruments, when executed—
(a) by headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876
(Bengal Act III 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 any
other hospital, or any other object of public utility,
shall not be less than a specified sum per mensup.
(c) 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—
211
A. Instrument of (including a deed of dower). 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 : Provides that,
where as agreement stamp required for an
instrument of settlement, and instrument of
settlement in pursuance of such agreement is
subsequently executed, the duty on such instrument
shall not exceed one rupee eighty paise.
EXEMPTIONS
(a) Deed of dower executed on the occasion of a
marriage between Muhammadans.
(b) Hudass, that is so say, any settlement of
immovable property executed by a Budhist in
Burma for a religious purpose in which no value 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 forth in the instrument of
Revocation, but not exceeding thirty rupees.
See also Trust (No. 64)
59. *** ***
60. ** **
61. SURRENDER OF LEASE—
(a) when the duty with which the lease is
chargeable, does not exceed seven rupees and fifty
paise.
The duty with which such lease is chargeable.
(b) in any other case. Eighteen rupees.
EXEMPTIONS
Surrender of lease, when such lease is exempted
from duty.
62. *** **
63. TRANSFER OF LEASE BY WAY OF
assignment, and not by way of under lease.
The same duty as conveyance (NO. 23) for a
consideration equal to the amount of the
consideration for the transfer.
EXEMPTIONS
Transfer of any lese exempt from duty.
64. TRUST—
A-DECLARATION OF—of or concerning, any
property when made by any writing not being a
Will.
The same duty as 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 six
rupees.
212
B—REVOCATION—of, or concerning any
property when made by any instrument other than a
WILL.
The same duty as Bond (No. 15) for sum equal to
the amount or value of the property concerned, as
set forth in the instrument, but not exceeding
twenty four rupees.
See also Settlement (No. 58)
VALUATION—See appraisement (No. 18)
65. WARRAN FOR GOODS, that is to say, any
instrument evidencing the title of any person
therein named, or his assigns, or the holder thereof ,
to the property in any goods lying in or upon any
dock, warehouse or wharf, such instrument being
signed or certified by or on behalf of the person in
whose custody such goods may be.
One rupee and twenty paise.
[Vide Manipur Act 4 of 1989, s. 3]
Meghalaya
Amendment of Schedule I of Act 2 of 1899.—In Schedule I to the Indian Stamp Act, 1890, for items,
Numbers 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50, 51, 54-31 and 63-65 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.
Thirty paise.
2. ADMINISTRATION-BOND
including a bond, given under section 6
of the Government Savings Banks; act,
1873, or section 291 of section 376 of the
Indian Succession Act, 1925-
Act V of
1873.
Act XXXIX
of 1925.
(a) where the amount does not
exceed Rs.1,000;
(b) In any other case
The same duty as a bond
(No.15) for such amount Twenty
rupees
213
3. ADOPTION DEED, that is to say, any
instrument (other than a will) recording an
adoption, or conferring or purporting to
counter an authority to adopt.
Thirty-nine rupees sixty paise.
4. AFFIDAVIT, including an affirmation
or declaration in the case of persons by
law allowed affirm or declare instead of
swearing.
Four rupees.
Exemptions
Affidavit or declaration in writing when
made-
(a) as a condition of enlistment under
the Indian Army Act, 1950;
(b) for the immediate purpose of being
filed or being used in any Court or
before the officer of any Court; or
(c) for the role purpose of enabling any
person to receive any pension or
charitable allowance.
Act XLVI
of 1950
5. AGREEMENT OR MEMORANDUM
OF AN AGREEMENT-
(a) if relating to the sale of a bill or
exchange;
(b) if relating to the sale of a
Government security.
Sixty paise
Subject to a maximum of fifty-
three rupees twenty five paise
for every Rs.10, 000 or part
thereof of the value of the
security.
(c) if relating to the purchase of sale of
share, script, stocks bonds,
debentures, debenture stocks or
any other marketable security of a
like nature in or of any
incorporated company or other
body corporate-
214
i. when such agreement or memorandum
of an agreement is with or through a
member or between members of a
Stock Exchange recognised under the
Securities, Contracts (Regulation) Act,
1956.
Twenty-five paise 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:
(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
Meghalaya where the advance given under such agreement does not exceed fifty rupees.
(e) If not, otherwise provided for Three Rupees.
Exemptions
AGREEMENT FOR 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 Government of India for or relating to any loan.
AGREEMENT TO LEASE-lease
(No.35).
6. AGREEMENT RELATED 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 properly
whatever (other than a marketable
security), or
Description of instrument
Proper stamp-duty
2. the pawn or pledge of moveable
property, where such deposit, pawn
or pledge has been made by way of
security for the repayment of money
215
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 the instrument
evidencing the agreement-
if amount of loan does not
exceed Rs.500;
if it exceeds Rs.500 and does
not exceed Rs.1,000;
and for every Rs.1,000 or part
thereof in excess of Rs.1,000;
Three rupees thirty paise.
Six rupees sixty paise.
Six rupees sixty paise.
(b) If such loan or debt is
repayable not more than three
months from the date of such
instruments.
Half the duty payable under sub-
clause (a).
Exemptions
Instrument of pawn or
pledge of goods if unattested.
7. APPOINTMENT UB
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;
Thirty-three rupees.
(b) in any other case. Fifty-nine rupees forty paise
216
Description of instrument
Proper stamp-duty
8. APPRAISMENT 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 Board (No.15)
for such amount.
(b) In any other case Nineteen rupees eighty paise.
Exemptions
Appraisement or valuation made for
the information of one party only, and not
being in any matter 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.
Nineteen rupees eighty paise.
Exemptions
Instrument of apprenticeship executed
by a Magistrate under the Apprentices Act,
1961, or by, which a person is apprenticed
by or at the charge of, any public charity.
Act
LII 1961
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.
Fifty-seven rupees seventy-five
paise.
b) where the nominal share capital Sixty-six rupees.
217
exceeds Rs. 2,500 but not exceed
Rs.5,000,
Description of instrument
Proper stamp-duty
c) where the nominal share capital
exceeds Rs.5,000 but does not
exceed Rs.1,00,000;
Ninety-nine rupees.
d) Where the nominal share
capital exceeds Rs.1,00,000;
One hundred ninety-eight
rupees.
Exemptions
Articles of any Association not
formed for profits and registered under
Section 25 of the Companies act, 1956,
See also Memorandum of Association of a
Company (No.39).
Act I of
1956
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 or the Court in the course
of a suit.
The same duty as a Board
(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 if
Ninety-nine rupees.
15. BOND [as defined by
section2 (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.
218
where the amount or value secured
does not exceed Rs.10;
Forty paise.
where it exceeds Rs.10 does not
and exceed Rs.50;
Sixty-five paise.
where it exceeds Rs.50 and
does not exceed Rs.100 ;
One rupees thirty-five
paise.
where it exceeds Rs.100
does not exceed Rs.200.
and Three rupees, thirty paise.
where it exceeds Rs.200
and does not exceed Rs.300.
and Five rupees.
where it exceeds Rs.300 does not
exceeds Rs.400.
and Six rupees sixty paise.
where it exceeds Rs.400 does not
exceed Rs.500.
and Eight rupees ninety-five paise.
where it exceeds Rs.500 does not
exceed Rs.600.
and Eleven rupees ninety paise.
where it exceeds Rs. 600 does not
exceed Rs. 700
and Thirteen rupees eighty-five paise.
where it exceeds Rs.700 does not
exceed Rs. 800.
and Fifteen rupees eighty-five paise.
where it exceeds Rs.800 does not
exceed Rs.900.
and Seventeen rupees seventy paise.
where it exceeds Rs.900 does not
exceed Rs.1,000;
and Nineteen rupees eighty paise.
and for every Rs.500 or thereof in
excess of Rs.1, 000.
part Ten rupees ninety paise.
See Administration Bond (No.2),
Bottomry Bond (No.16) Customs Bond
(No.26), Indemnity Bond (No.34),
Respondentia Bond (No.56), Security Board
219
(No.57).
Exemptions
Bond, when executed by-
Bengal
Act III
of 1876
(a) Headmen nominated under rules
framed in accordance with the
Bengal Irrigation Act,1876
(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. BOTTOMRY BOND, that is to say,
any instrument whereby 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 executed is
cancelled). If attested and not otherwise
provided for.
Nineteen rupees eighty paise.
See also RELEASE (No.55) Revocation of
Settlement (No.58-B), Surrender of Lease
(No.61), Revocation of Trust (No.64-B).
18. CERTIFICATE OF SALE (in respect
of each property put up as a separate lot
and sold),granted to the purchase of any
property sold by public auction by a Civil
or Revenue Court, Collector or other
Revenue Officer-
i. where the purchase money does
not exceed Rs.10;
Fifty-five paise.
ii. where the purchase money exceeds
Rs.10 but does not exceed Rs.25;
One rupee five paise.
220
iii. 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 the become proprietor of
shares, scrip or stock in or any such
company or body.
Forty paise.
See also LETTER 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.
Three rupees ninety-five paise.
22. COMPOSITION DEED. that is to say,
any instrument executed by a debtor,
whereby he conveys his property for the
benefit of his creditors, or whereby
payment of a composition or dividend on
their debts is secured to the creditors, or
whereby provision is made for the
continuance of the debtor’s business under
the supervision of inspectors or under
letters of license, for the benefits of his
creditors.
Three rupees sixty paise.
23. CONVEYANCE [as defined by
section 2 (10) not being a Transfer charged
of exempted under No.62-
221
where the amount or value of the
consideration for such conveyance as set
forth therein does not exceed Rs.50;
One-rupee fifty-five paise.
where it exceeds Rs.50 but does not
exceed Rs.100;
Three rupees
where it exceeds Rs.100 but does not
exceed Rs.200;
Five rupees ninety-five paise.
where it exceeds Rs.200 but does not
exceed Rs.300;
Eight rupees fifty-five paise.
where it exceeds Rs.300 but does not
exceed Rs.400;
Eleven rupees.
where it exceeds Rs.400 but does not
exceed Rs.500;
Fourteen rupees ninety paise.
where it exceeds Rs.500 but does not
exceed Rs.600;
Seventeen rupees seventy-five
paise.
where it exceeds Rs.600 but does not
exceed Rs.700;
Twenty rupees eighty-five
paise.
where it exceeds Rs.700 but does not
exceed Rs.800;
Twenty-three rupees seventy-
five paise.
where it exceeds Rs.800 but does not
exceed Rs.900;
Twenty-six rupees seventy-five
paise.
where it exceeds Rs.900 but does not
exceed Rs.1,000;
Twenty-nine rupees seventy
paise.
where it exceeds Rs.500 but does not
exceed Rs.1,000;
Fourteen rupees ninety paise.
where it exceeds Rs.50,000 but does
not exceed Rs.90,000;
Thirty-nine rupees sixty paise.
where it exceeds Rs. 90,000but does
not exceed Rs.1,50,000;
Fifty-two rupees eighty paise.
and where it exceeds Rs.1,50,000 Sixty-six 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.
Exemption
Assignment of copyright under the
Indian Copyright Act, 1957.
Act XIV
of 1957
CO-PARTNERSHIP DEED See
Partnership (No. 46).
222
24. COPY OR EXTRACT certified
to be true copy or extract by or by order of
any public officer and not chargeable
under the law for the time being in force
relating to court fee –
i. if the original was not chargeable
with duty, or if the duty with which
it was chargeable does not exceed
one rupees;
Two rupees and five paise.
ii. in any other case not falling within
the provision of section 6A.
Four rupees.
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.
Description of instrument
Proper stamp-duty
(b) Copy of, or extract from any
register relating to births,
baptisms, naming, 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 two rupees;
The same duty as is payable on
the original.
223
(b) In any other case not falling within
the provisions of section 6A.
Four rupees.
Exemption
Counterpart of any lease
granted to a cultivator, when
such lease is exempted from
duty.
26. CUSTOMS-BONDS-
(a) Where the amount does not
exceed Rs.1,000;
The same duty as Bond
(No.15) for such amount.
(b) in any other case. Twenty-six rupees forty paise.
27. 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 on behalf of the owner of such goods
upon the sale or transfer of the property
therein, when such goods exceed in
value twenty rupees.
Thirty paise.
Description of instrument
Proper stamp-duty
DEPOSIT OF TITLE DEEDS
See Agreement relating to Deposit of
Title deeds, Pawn or Pledge (No.6).
DISSOLUTION OF PARTNERSHIP-See
partnership (No.46).
29. DIVORCE. Instrument of, that is to say,
any instrument by which any person effects
the dissolution of his marriage.
Thirteen rupees twenty paise.
224
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).
32.FURTHER CHARGE- Instrument of,
that is to say, any instrument imposing a
further charge on mortgaged property-
(a) when original the marriage in
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 to 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):-
i. if at the time of execution of
the instrument of further
charge possession property is
given or agreed to be given
under such instrument.
The same duty as a conveyance
(No.23) for a consideration
equal to the total amount of the
charge (including the original
mortgage and any further
charge already made), less the
duty already paid to 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
225
property as set forth in such
instrument.
HIRING AGREEMENT.-Or agreement for
service see Agreement (No.5).
34.IDEMNITY BOND
INSPECTORSHIP DEED or 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,
but not exceeding twenty years;
The same duty as a conveyance
(No.23) for a consideration
equal to twice the amount or
value of the average annual
rent reserved.
v. where the lease purports to be
for a term exceeding twenty
years, but not exceeding thirty
years;
The same duty as a conveyance
(No.23) for a consideration
equal to three times the amount
or value of the average annual
226
rent reserved.
vi. where the lease purports to be
for a term exceeding thirty
years, but not exceeding one
hundred years;
The same duty as 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 conveyance
(No.23) for a consideration
equal to three times the amount
of value of the average annual
rent which would be paid or
delivered for the first ten years
if 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
for such fine or premium or
advance as set forth in the
lease.
(c) where the lease is granted for
a fine or premium , or for
money advanced in addition
to rent reserved.
The same duty as a conveyance
(No.23) for a 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 such lease, if no fine
or premium or advance had
been paid or delivered;
provided that, in any case when
227
an agreement to lease is
stamped with ad volorem
stamp required for a lease, and
a lease in pursuance of such
agreement in subsequently
executed the duty on such lease
shall not exceed one rupee and
fifty-five paise.
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 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 reserved 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 lessee undertakes
to pay any recurring charge, such a
Government revenue landlord’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 lessee shall be
deemed to be part of the rent.
36. LETTER OF ALLOTMENT OF
SHARES, in any company or proposed
company or in respect of any loan to be
raised by any company or proposed
company.
Thirty-five paise.
See in also CERTIFICATE OR OTHER
DOCUMENT (No.19).
228
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.
Twenty-six rupees forty
paise.
39. MEMORANDUM OF
ASSOCIATION OF A COMPANY-
(a) if accompanied by articles of
association under section 26 of the
Companies Act, 1956;
Seventy-nine rupees twenty
paise.
Act I of
1956.
(b) if not so accompanied-
i. where the nominal share capital
does not exceed one lakh of
rupees;
One hundred ninety-eight
rupees.
ii. Where the nominal share capital
exceeds one lakh of rupees.
Three hundred thirty 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 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;
The same duty as a
Conveyance (No.23) for a
consideration equal to the
amount secured by such
229
deed.
(b) when possession of the property or
any part of the property comprised
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 part thereof is
deemed to give possession within the
meeting of this article;
Description of instrument
Proper stamp-duty
(c) (i) when a collateral or auxiliary or
additional or substituted security, or by
way of further assurance for the above
mentioned purpose where the principal
or primary security is duly stamped for
every sum secured not exceeding
Rs.1,000.
(ii) and for every Rs.1,000 or part
thereof secured in excess of Rs.1,000.
Two Rupees.
Two rupees forty paise.
Exemption
(d) Instruments executed by persons
taking advances 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 advances.
Act
XIX of
1883.
Act
XLI of
1884
(2) Letter of hypothecation
accompanying a bill of exchange.
230
41. MORTGAGE OF 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 load is repayable not
more than three months from the
date of the instrument.
for every sum secured not exceeding
Rs.200,and
Thirty-five paise.
for every sum Rs.200 or part thereof
secured in excess of Rs.200.
Fifty paise.
(b) when the loan is repayable more
than three months, but not more
than eighteen months from the
date of instrument-
for every sum secured not exceeding Rs.
100, and
Fifty-five paise.
for every Rs.100 or part thereof secured
in excess of Rs.100.
Fifty-five paise.
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 and other
person lawfully acting as a Notary
Public.
Three rupees and ninety five
paise.
See also Protest of Bill or Note (No.50).
43. NOTE OR MEMORANDUM, sent
by a Broker or Agent top his principal
intimating the purchase or sale on
account of such principal-
231
(a) of any goods exceeding in value
twenty rupees;
Sixty-five paise.
(b) of any stock or marketable
security exceeding in value twenty
rupees.
Seventy-five paise for every
Rs. 5, 000 or part thereof of
the value of the stocks or
security subject to a
maximum of thirty-three
rupees.
44. NOTE OF PROTEST BY THE
MASTER OF A SHIP-See also Protest
by the Master of Ship (No.51).
Two rupees and sixty paise.
Order for the payment of money- See
Bill of Exchange (No.13).
45. PARTITION – Instrument of [as
defined by Section 2 (15)].
The same duty as a Bond
(No.45) for the amount of
the value of the separated
share or shares of the
property.
N.B.- The learnt share
remaining after the property
is partitioned or if there are
two or more shares of equal
value and not smaller than
any of the other share, then
one of such equal (share)
shall be deemed to be that
from which the other shares
are separated:
Provided always that-
(a) when an instrument of
partition containing an
agreement to divide
property in severalty is
executed and a
partition is effected in
pursuance of such
agreement the duty
chargeable upon the
instrument affecting
such partition shall be
232
reduced by the amount
of duty paid in respect
of the first instrument
but shall into be less
than two rupees and
sixty-five paise;
(b) where land is held on
revenue settlement for
a period not exceeding
thirty years and paying
the full assessment the
value for the purpose
of duty shall be
calculated at not more
than five times the
annual revenue;
(c) where 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 than
instrument of partition
and an instrument of
partition in pursuance
of such order or award
is subsequently
executed the duty in
such instrument shall
not exceed two rupees
and sixty-five paise.
Description of instrument
Proper stamp-duty
46. PARTNERSHIP Provided always that-
A-Instrument of -
(a) where the capital of the partnership
does not exceed Rs.1,000.
The same duty as a Board
(No.15).
(b) in any other case .... ...
Fifty-two rupees eighty
paise.
233
B.- Dissolution of –
Twenty-six rupees forty
paise.
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 XV-
1. 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;
Two Rupees
Act XV
of 1882
2. when required in suits or proceeding under
the Presidency small Cause Court; Act,
1882;
Two Rupees.
3. When authorising one person or more to
act in a single transaction other than the
case mentioned in clause (a);
Three rupees ninety-five
paise.
4. When authorising not more than five
persons to act jointly and severally in more
than one transaction or generally;
Nineteen rupees eighty
paise.
5. When authorising more than five persons
but not more than ten persons to act jointly
and severally in more than one transaction
or generally.
Thirty-nine rupees sixty
paise.
Description of instrument
Proper stamp-duty
6. when given for consideration and
authorising the attorney to sell any
immovable properly;
The same duty as a
Conveyance (No.23) for the
amount of the consideration.
234
7. in any other case ... ... Three rupees and thirty
paise for each person
authorised.
Explanation. - For the purpose of this
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
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.
Three rupees ninety-five
paise.
51. PROTEST BY THE MASTER
OF A SHIP, that is to say, any declaration of
the particulars of her voyage drawn up by him
with a view to adjustment of losses or the
calculation of averages, and every declaration
in writing made by him against the characters
or consignees for not loading or unloading the
ship, when such declaration is attested or
certified by a Notary Public or other person
lawfully acting as such.
Three rupees ninety-five
paise.
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.
The same duty as a
conveyance (No.23) for the
amount of such
consideration as set forth in
the conveyance.
(b) In any other case ...
...
Thirty-nine rupees and sixty
paise.
235
55. RELEASE, that is to say, any
instrument (not being such a release
as is provided for by section 23-A),
whereby a person renounces a claim
upon another person or against any
specified property.-
(a) if the amount of value of the claim dies
not exceed Rs.1,000;
The same duty as a Bond
(No.15) for such amount or
value as set forth in the
release.
(b) In any other case. Nineteen rupees eighty
paise.
56. RESPONDIETIA 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 Bodn
(No.15) for the amount of
the loan secured.
REVOCATION OF ANY TRUST ON
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
contract -
The same duty as a Bond
(No.15) for the amount
secured. Nineteen rupees
eighty paise.
(a) When the amount secured does not
exceed Rs.1,000;
The same duty as a Bond
(No.15) for the amount
secured.
(b) in any other case ... ... Nineteen rupees and eighty
paise.
236
Exemption
Bond or other instrument, when executed-
(a) by headmen nominated under rules
framed in accordance with the Bengal
Irrigation Act, 1876, section 99, for
due performance of their duties under
that Act;
Ben.Act
II of
1876
(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 N.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, or the Agriculturist’s Loans
Act, 1884, or by their sureties, as
sureties as security for the re-payment
of such advance;
Act
XIX of
1883.
(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;
Act XII
of 1884
58. SETTLEMENT-
A.- Instrument of (including a deed of
power).
The same duty as a
Conveyance (No.23) for a
237
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
instrument of settlement in
pursuance of such
agreement is subsequently
executed, the duty on such
instrument shall not exceed
one rupee and fifty-five
rupee.
Exemptions
(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 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, are set forth in
the instrument of
Revocation, but not
exceeding thirty-three
rupees.
See also TRUST (No.64)
59. SHARE WARRANTS to bearer
issued under the Companies Act,
1956.
One and a half time the duty
payable one Conveyance
(No.23) for a consideration
Act I
1956
238
equal to the nominal amount
of the shares specified in the
warrant.
Share warrant when issue by a
Company in pursuance of the
Companies Act, 1956, Section 114, to
have effect only upon payment, as
Composition for the duty, to the
Collector of Stamp revenue of-
Act I of
1956
(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
full, subsequently issues an
addition to its subscribed capital
one-and-a-half per centum of the
additional capital so issued.
SHIPPING ORDER for or
relating to the conveyance of goods on
board of any vessel.
Twenty-five paise.
61. SURRENDER OF LEASE –
(a) when the duty with which the
lease is chargeable does not
exceed seven rupees and fifty
paise.
The duty with which such
leases chargeable.
(b) In any other case ... Nineteen rupees and eighty
paise.
Exemptions
Surrender of lease, when such
lease is exempted from duty.
63. TRANSFER OF LEASE BY way of
Assignment, and not by way of
underlease.
The same duty as a
Conveyance (No.23) for a
consideration equal to the
239
amount of the consideration
for the transfer.
Exemptions
Transfer of any lease 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 thirty-three
rupees.
-Revocation of or concerning
property when made by any
document other than a will.
See also settlement (No.58).
The same duty as a Bond
(No.15) for a sum equal to
the amount or value of the
property concerned, as set
forth in the instrument, but
not exceeding thirty-three
paise.
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 signed or certified
by or on behalf of the person in
whose custody such goods may be.
One rupee thirty paise.
[Vide Meghalaya Act 22 of 1980, s. 2]
Amendment of Schedule I.—In Schedule I to the Indian Stamp Act,1899 as amended by the
Indian Stamp (Meghalaya Amendment) act, 1980 (Act 22 of 1980)-
240
(i) in article 22, for the words “Three rupees sixty paise” occurring in the second
column, the words “Thirty-nine rupees sixty paise” shall be substituted;
(ii) in article 23, after the words “Thirty-nine rupees sixty paise”, “Fifty-two rupees
eighty paise” and “Sixty-six rupees” occurring in the second column at the end of
the article and before the proviso, the words “for every one thousand rupees” shall
respectively be added; and
[Vide Meghalaya Act 15 of 1981, s. 2]
Amendment of Section I of Act 2 of 1899.— In schedule I to the Indian Stamp Act, 1899 for
Articles 1 to 10, 12, 15, to 20, 22 to 26, 28, 29, 31 to 36, 38 to 46, 48, 50, 51, 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 delivery any goods or other property.
One Rupee
1.ADMINISTRATION-BOND including a bond,
given under section 6 of the Government Saving
Bank Act, 1873, or section 291 or section 376
of the Indian Succession Act, 1925-
(a) Where the amount does not exceed Rs. 1,000
Act V of 1873.
Act XXXIX of 1925.
The same duty as a bond (No. 15) for such
amount
(b) In any other case
Twenty four rupees
2.ADOPTION-DEED, that is no say, any
instrument (other than a will) recording an
adoption, or conferring or purporting to confer
an authority to adopt.
Forty eight rupees
3. AFFIDAVIT, including and affirmation or
declaration in the case of person by law allowed
to affirm or declare instead of swearing.
Five rupees
Exemptions
Affidavit of declaration in writing when made –
(a) As a condition of enlistment under the Indian
Army Act, 1950;
Act XLVI of 1950
241
(b) For the immediate purpose of being filed or
used in any Court or before the officer of any
Court; or
(c) For the sole purpose of enabling any person to
receive any pension or charitable allowance.
4. AGREEMENT AND MEMORANDUM OF
AN AGREEMENT –
(a) If relating to the sale of bill of exchange. One rupee
(b) If relation to the sale of a Government
Security.
Subject to a maximum of
sixty four rupees for every Rs.
10,000 per part thereof the
value of the security.
(c) If relating to the purchase or sale of shares,
script stocks bond, debentures stocks or any
other marketable security of a like nature in or
of any incorporated company of other body
corporate-
(i) When such agreement or memorandum of an
agreement is with or through a member of
between members of a stock Exchange
recognised under the Securities Contracts
Regulation Act, 1956;
One Rupee 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
Act XIIL of
1956
(ii) In other cases; Rupee one 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
of 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;
One Rupee.
(e) If not, otherwise provided for. Three Rupees.
Exemptions
AGREEMENT FOR MEMORANDUM OF AN
AGREEMENT-
(a) For or relating to the sale of goods or merchandise
exclusively not being a more or memorandum
242
chargeable under No. 43;
(b) Made in the form of tenders to the Government of
India for or relating to any loan.
AGREEMENT TO LEASE –
LEASE (No. 35)
5. AGREEMENT RELATING TO DEPOSIT OF
TITTLE-DEEDS PAWN OR PLEDGE, that is to say
any instrument evidencing an agreement relating to-
(1) The deposit of little-deeds or instruments
constituting or being evidence of the little to
any property whatever (other than a marketable
security), or
(2) The pawn or pledge of moveable 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 existing or further debt-
(a) If such load or debt is repayable on demand or
more than three instrument evidencing the
agreement-
(i) If the amount of loan does not exceed Rs. 500.
(ii) If it exceeds Rs. 500 and does not exceed Rs.
1,000.
(iii)And for every Rs. 1,000; or part thereof in
excess of Rs. 1,000.
(b) If such loans or debt is repayable not more the
three months from the date of such instrument
Four Rupees.
Eight Rupees.
Eight Rupees.
Half the duty payable under sub-clause (a)
EXEMPTIONS
Instrument of pawn or pledge of goods
unattested.
6. APPOINTMENT IN EXECUTION OF
POWER-
(a) Where the value of the property does not
exceed Rs. 1,000.
Forty Rupees;
243
(b) In any other case;
Seventy one Rupees;
7. 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.
The same duty as a Bond (No. 15) for such
amounts.
Twenty four Rupees.
EXEMPTIONS
8.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.
(a) 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 of servant placed with any
master to learn any profession, trade or
employment.
Twenty four rupees.
Exemptions
Instrument of apprenticeship executed by a
Magistrate Apprentices Act, 1961, or by, which a
person is apprenticed by or at the charge of any
public charity.
ACT LII of
1961
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;
Sixty nine rupees.
(b) Where the nominal share capital exceed Rs.
2,500; but does not exceed Rs. 5,000.
Seventy nine rupees.
(c) Where the nominal share capital exceed Rs.
5,000; but does not exceed Rs. 1,00,000.
One hundred nineteen
rupees.
244
Description of instrument
Proper stamp duty
(d) Where the nominal share capital exceed Rs.
1,00,000;
Two hundred thirty eight
rupees.
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 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).
Act 1 of
1956
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 be 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 (5), not
being a DEBENTURE (No. 27), for not being
otherwise provided for by this Act, or by the
Court Fess Act, 1870-
Where the amount or value secured does not
exceed Rs. 10;
One rupee.
Where it exceeds Rs. 10 and does not exceed Rs.
50;
One rupee.
Where it exceeds Rs. 50 and does not exceed Rs.
100;
One rupee.
Where it exceeds Rs. 100 and does not exceed Rs.
200;
Four rupees.
Where it exceeds Rs. 200 and does not exceed Rs.
300;
Six rupees.
245
Where it exceeds Rs. 300 and does not exceed Rs.
400;
Eight rupees.
Where it exceeds Rs. 400 and does not exceed Rs.
500;
Eleven rupees.
Where it exceeds Rs. 500 and does not exceed Rs.
600;
Fourteen rupees
Where it exceeds Rs. 600 and does not exceed Rs.
700;
Seventeen rupees.
Where it exceeds Rs. 700 and does not exceed Rs.
800;
Nineteen rupees.
Where it exceeds Rs. 800 and does not exceed Rs.
900;
Twenty one rupees.
Where it exceeds Rs. 900 and does not exceed Rs.
1,000;
Twenty four rupees
And for every Rs. 500 or part thereof in excess of
Rs.1,000.
Thirteen rupees
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 than Act;
Bengal Act
III of 1876
(b) any person for the purpose of guaranteeing
that the local income drive form private
subscriptions to a charitable dispensary or
hospital or any other subject 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 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.
246
17. CANCELLATION, instrument of (including
any instrument by which any instrument
previously executed is cancelled), if arrested and
not otherwise provided for.
Twenty four rupees
See also RELEASE (No. 55) Revocation of
Settlement (No.58 B). Surrender of Lease (No.
61). Revocation of Trust (No. 65. B)
CERTIFICATE OF SALE ( in respect of each
property put up as a separate lot and sold),
granted to the purchase of any property sold by
public auction by a Civil or Revenue Court, of
Collector or other Revenue officer-
(a) Where the purchase money does not exceed
Rs. 10;
One rupee
(b) Where the purchase money does not exceed
Rs. 10 but does not exceed Rs. 25;
(c) In any other case
Two rupees
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 little of the holder there 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.
One rupee
See also LETTER 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 specified purposes
of the charterer, whether it includes a penalty
clause or not.
Five rupees.
247
Description of instrument
Proper stamp duty
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 debt is secured to the
creditors, or whereby provisions is made for the
continuance of the debtor’s business under the
supervisor of inspector or under letters of licence,
for the benefit of his creditors.
Forty eight rupees.
23. CONVEYANCE (as defined by section 2 (10)
not being a Transfer charged of exempted under
No. 52-
Two rupees.
Where it exceeds Rs. 50 and does not exceed Rs.
100;
Four rupees.
Where it exceeds Rs. 100 and does not exceed Rs.
200;
Seven rupees.
Where it exceeds Rs. 200 and does not exceed Rs.
300;
Ten rupees.
Where it exceeds Rs. 300 and does not exceed Rs.
400;
Thirteen rupees.
Where it exceeds Rs. 400 and does not exceed Rs.
500;
Eighteen rupees.
Where it exceeds Rs. 500 and does not exceed Rs.
600;
Twenty one rupees.
Where it exceeds Rs. 600 and does not exceed Rs.
700;
Twenty five rupees.
Where it exceeds Rs. 700 and does not exceed Rs.
800;
Twenty nine rupees.
Where it exceeds Rs. 800 and does not exceed Rs.
900;
Thirty two rupees.
Where it exceeds Rs. 900 and does not exceed Rs.
1,000;
Thirty six rupees.
For every Rs. 500 or part thereof in excess of Rs. Eighteen rupees.
248
1,000
Where it exceeds Rs. 50,000 and does not exceed
Rs. 90,000;
Forty-eight rupees for every
one thousand rupees.
Where it exceeds Rs. 90,000 and does not exceed
Rs. 1,50,000;
Sixty-four rupees for every
one thousand rupees.
And where it exceeds Rs. 1,50,000;
Seventy-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 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 rupee;
Three rupees.
(ii) If any other case not falling within the
provision of section 6A.
Five rupees.
Exemptions
(a) Copy of any paper which a public officer is
expressly required by low 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 birth baptisms, naming, dedications,
marriages, divorces, deaths or burials.
25. COUNTERPART OR DUPLICATE of any
249
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
The same duty as is payable
on the original.
Five rupees.
Exemptions
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;
The same duty as bond (No.
15) for such amount
(b) In other case ... ... ...
Thirty-two 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.
One rupee
DEPOSIT OF TITLE DEEDS
See Agreement relating to Deposit of Title deeds,
Pawn or Pledge (No. 6)
DISSOLUTION OF PARTNERSHIP
See partnership (No. 46)
29. DIVORCE- Instrument of, that is to say, any
instrument by which any person effects the
dissolution of his marriage.
Sixteen rupees
POWER- Instrument of, see settlement (No. 58) Sixteen rupees
DUPLICATE-See counterpart (No. 25)
31. EXCHANGE OF PROPERTY- Instrument of.
The same duty as
250
conveyance (No. 23) for a
consideration equal to the
value of the property of
greatest value as set forth in
such instrument.
EXTRACT-see copy (No. 24)
32. FURTHER CHARGE-
Instrument of, that is to say, any instrument
imposing a further charge on mortgaged property-
(a) When the original mortgaged is one of the
description referred to in clause (a) of article
No. 40 (that is, with possession).
The same duty as
conveyance (No. 23) for a
consideration equal to 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):-
(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
conveyance (No. 23) for a
consideration equal to the
charge (including the original
mortgage and any further
charge a readymade), less
than 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 property as set forth
in such instrument.
HIRING AGREEMENT- Or agreement for
service, see agreement (No. 5)
251
34. INDEMNITY BOND, INSPECTORSHIP
DEED; see composition-Deed (No. 22).
The same duty as section
Bond (No. 57) for 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 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
year;
The same duty as a Bond
(No. 15) for the amount or
value of the average annual
rent reversed.
(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 reversed.
(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 reversed.
(v) Where the lease purports to be for a term
exceeding twenty years but not exceeding
thirty years;
The same duty as a
conveyance (No. 23) for a
consideration equal to three
times the amount or value of
the average annual rent
reversed.
(vi) Where the lease purports to be for a term
exceeding thirty years but not exceeding one
hundred years;
The same duty as a
conveyance (No. 23) for a
consideration equal to four
times the amount or value of
the average annual rent
reversed.
252
(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 rent 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
reversed which would be
paid or delivered for the first
ten years if the lease
continued so long.
(b) Where the lease granted for a fine or premium
or for money advanced and where no rent is
reserved.
The same duty as a
conveyance (No. 23) for a
consideration equal to the
amount or value of such fine
or premium or advance as set
forth in the lease.
(c) Where the lease granted for a fine or premium
or for money advanced in addition to rent is
reserved.
The same duty as a
conveyance (No. 23) for a
consideration equal to the
amount or value of such fine
or premium, or advance as
set forth in the lease, 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 agreement to lease is
stamped with the ad volarem
stamp required for a lease,
253
and a lease in pursuance of
such agreement is
subsequently executed the
duty on such lease shall not
exceed one rupee and fifty
five paise.
Exemptions
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 land for
cultivation together with a home stand or tank.
Explanation-when a lease under take to pay any
recurring charge, such as Government revenue,
landlord’s share of cesses, or the owner’s share of
municipal rate or taxes, which is by law recoverable
from the lessor, the amounts so agreed to be paid by
lessee shall be deemed to be part of the rent.
36. LETTER OF ALLOTMENT OF SHARE; in any
company or proposed company or in respect of any
loan to be raised by any company or proposed
company.
One rupee
See also CERTIFICATE OR OTHER DOCUMENT
(No. 19).
38. LETTER OF LICENCE, 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.
Thirty two rupees
39. MEMORANDUM OF ASSOCIATION OF A
COMPANY-
(a) If accompanied by articles of association
under section 26 of the companies Act,
(b) If not so accompanied-
Ninety five rupees Act 1 of
1956
(i) Where the nominal share capital does not
exceed one lakh of rupees.
Two hundred thirty eight.
254
(ii) Where the nominal share capital exceeds one
lakh of rupees.
Three hundred ninety-six
rupees.
Exemptions
Memorandum of any association not formed for
profit and registered under Section 25 of the
Companies Act, 1950
Act 1 of
1956
40. MORTGAGE-DEED not being in Agreement
relating to Deposit of Title Deeds, Pawn or pledge
(No. 6) Bottomry Bond (No. 16), Mortgage of a
Crop (No. 41). Respondentia Bond (No. 56), or
Security Bond (No. 57)
(a) When possession of the property or any part
of the property comprised in such deed is
given by the mortgagor or agreed to be given
The same duty a conveyance
(No. 23), for a consideration
equal to the amount secured
by such deed.
(b) When possession of the property or any part
of the property comprised in such deed is not
given by the mortgagor or agreed to be given.
The same duty a conveyance
(No. 23), for a consideration
equal to the amount secured
by such deed.
Explanation- A mortgagor who gives to the
mortgagee a power of attorney to collects rents or
a lease of the property mortgaged or a part thereof
is deemed to give possession within the meaning
of the article.
(i) When a collateral or auxiliary or additional or
substituted security, or by way or further
assurance for the above mentioned purpose
where the principal or primary security is duly
stamped for every sum secured not exceeding
Rs. 1,000.
Three rupees.
(ii) And for every Rs. 1,000 or part thereof secured
in excess of Rs. 1,000
Three rupees
Exemptions
(1) Instrument executed by persons taking
advances under the Land Improvement Loans
Act, 1883 or the Agriculturist’s Loan Act,
1884, or by their sureties as security for the
Act XIX of
1883
Act XII of
255
repayment of such advances.
(2) Letter of hypothecation accompanying a bill
of exchange.
1884
(a) When the loan is repayable not more the three
months from the date of instrument-
For every sum secured not exceeding Rs. 200, and
One rupee
For every Rs. 200 or part thereof secured in
excess of Rs. 200
One rupee
(b) When the loan is repayable more than three
months, but not more than eighteen months
from the date of instrument-
For every sum secured not exceeding Rs. 100 and One rupee
For every Rs. 100 or part thereof secured in
excess of Rs. 100
One rupee
42. NOT ARIAL ACT, that is to say, any
instrument, endorsement, note, attestation,
certificate or entry not being a protest (No. 15)
made or signed by Notary Public in the execution
of the duties of his office, or by and other person
lawfully acting as a Notary Public
Five rupees.
See also Protest of Bill or Note (No.15)
43. NOTE OR MEMORANDUM, sent by a
Broker of Agent to his principal intimating the
purchase or sale on account of such principal-
(a) Of any goods exceeding in value twenty
rupees.
One rupee
(b) Of any stock or marketable security exceeding
in value twenty rupees.
One rupee for every Rs.
5,000 or part thereof of the
value of stock or security
subject to a maximum of
forty rupees.
44. NOTE OF PROTEST BY THE MASTER OF
A SHIP- See also protest by the Master of ship
(No. 15)
Three rupees.
Order for the payment of money- See Bill of
Exchange (No. 13)
45. PARTITION- Instrument of [as defined by
section 2 (5)]
The same duty as a Bond
(No. 15) for the amount of
256
the value of the separated
shares or shares of 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 and
agreement to divide property
in severally is executed and a
partition is effected in
pursuance of such agreement
the duly chargeable upon the
instrument affecting such
partition shall be reduced by
the amount of duty paid in
respect of 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 ward
is subsequently executed the
duty in such instrument shall not
257
exceed three rupees.
46. PARTNERSHIP
A- Instrument of-
(a) Where the capital of the partnership does not
exceed Rs. 1,000;
The same duty as a Bond (No. 15)
(b) In any other case. Sixty four rupees.
B – Dissolution of - Thirty two rupees.
PAWN OF PLEDGE – See
Agreement relating to deposit of Title deeds pawn
of pledge (No.6)
48. POWER OF ATTORNEY
(as defined by section 2 (21) not being a XV-
(i) 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;
Three rupees Act XV of
1882
(ii) When required in suits or
proceedings under the presidency small
Cause Courts Act, 1882;
Three rupees
(iii) When authorising one person or
more to act in a single transaction other than
the case mentioned in clause (a);
Five rupees
(iv) When authorising not more than
five persons to act jointly and severally in
more than one transaction or generally;
Twenty four rupees.
(v) When authorising more than five
persons but not more than ten persons to act
jointly and severally in more than one
transaction or generally;
Forty-eight rupees
(vi) 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.
(vii) In any other case. Four rupees for each authorised.
Explanation - For the purpose of the 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
Act XVI of
1908
258
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 is attesting the dishonour of a bill-of-
exchange or promissory note.
Five rupees
51. PROTESTING BY THE MASTER OF A
SHIP, that is to say, any declaration of the
particulars of her voyage drawn up by him with
a view to adjustment of losses or the calculation
or average 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 person lawfully action as such.
Five rupees
See also Not of protest by the Master of a ship
(No. 44)
54. RECONVEYANCE OF MORTGAGED
PROPERLY-
(a) If the consideration for which the property
was mortgaged does not exceed Rs. 1,000
The same duty as a Conveyance
(No. 23) for the amount of the
consideration as set forth in the
conveyance.
(b)in any other case
Forty eight rupees.
55. RELEASE, that is to say, any instrument
(not being such a release as is provided for by
section 23- A), whereby a person renounce a
claim upon another person or against any
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 the amount or value as
set forth in the release.
(b) in any other case Twenty four 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.
259
Description of instrument
Proper stamp duty
REVOCATION OF ANY TRUST ON
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 executed by a
surety to secure the due performance of a contact-
(a) when the amount secured does not exceed
Rs. 1,000
The same duty as a Bond (No.
15) for the amount secured.
(b) in any other case
Twenty four rupees.
Exemptions
Bond or other instrument, when executed-
(a) By headmen nominated under rules framed
in accordance with the Bengal Irrigation
Act, 1876, section 99, for due performance
of their under that Act;
Ben Act III
of 1876
(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 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
VIII of
1879
(d) Executed by persons taking advances under
the Land Improvement Loans Act, 1883, or
the Agriculturist’s Loans Act, 1884, or by
their sureties, as securities for the repayment
of such advance;
Act XIX of
1883
(e) Executed by officers of Government of their
sureties to secure the due execution of an
Officer or the due accounting for the money
or other property received by virtue thereof;
Act XII of
1884
260
58. SETTLEMENT-
A- Instrument of (including a deed of power)
The same duty as a Conveyance
(No. 23) for 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 not shall exceed two
rupees.
Exemptions
(a) Deed of power executed on occasion of a
marriage between Muhammadans.
(b) Hindus, that is to say, any settlement of
immovable property executed by a Budhist
in Burma for a religious purpose in which
no value has been specified and on which a
duty of Rs. 10has been paid.
B-Revocations 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 Companies Act, 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.
Act I of
1956.
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 the duty, to the collector of
Act I of
1956.
261
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 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 relating to the
conveyance of goods on board of any vessel.
One rupee.
61. SURRENDER OF LEASE-
(a) When the duty with which the lease is
chargeable, does not exceed seven rupees and
fifty paise.
The duty with which such leases
chargeable.
(b) in any other case
Twenty four rupees
Exemptions
Surrender lease when such leases 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 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 forty 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
262
exceeding forty 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 signed or certified by
or on behalf of the person in whose custody such
goods may be.
Two rupees.
[Vide Meghalaya Act 11 of 1990, s. 2]
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
Sixty rupees
263
adoption, or conferring or purporting to confer
an authority to adopt.
“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.
264
(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
265
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 sub-
clause (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.
266
(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
267
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
268
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)
269
“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;
(c) In any other case .....
Two rupees
Three rupees
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-
270
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 for every one
thousand rupees
Where it exceeds Rs. 90,000 but does not
exceed Rs.1,50,000
Eighty rupees for every one
thousand rupees
And where it exceeds Rs. 1,50,000; 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
271
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;
(ii) If any other case not falling within the
provision of section 6A
Four rupees
Seven rupees
Exemptions
(a) Copy of any paper which a public officer is
expressly required by law to make or
furnish for record in any public office or for
any public purpose;
(b) Copy of, or extract from any register
relating to births, baptisms, 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
272
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
The same duty as a conveyance
(No.23) for a consideration equal
to the amount of the further
charge secured by such
instrument.
273
description referred to in clause (b) of Article
No. 40 (that is, without possession):-
(i) If at the time of execution of the instrument
of further charge possession of the property
is given or agreed to be given under such
instrument
The same duty as a conveyance
(No.23) for a consideration equal
to the total amount of the 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.
274
(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
275
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)
276
(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
277
(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
278
“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.
279
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).
280
“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
person lawfully acting as such.
Seven rupees
“54. RECONVEYANCE OF MORTGAGED
PROPERTY-
(a) If the consideration for which the property was
mortgaged does not exceed Rs.1,000
The same duty as 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)
281
“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.
282
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.
283
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
signed or certified by or on behalf of the person in
whose custody such goods may be.
Three rupees
[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:
284
(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, 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, 32, 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:—
Schedule - 1
Item No. Description of Instrument Proper Stamp-Duty
1 2 3
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.
₹ 20.00
2. ADMINISTRATION-BOND including a bond given
under section 256 of Indian Succession Act, 1865 (10 of
1865), section 6 of the in all cases. Government Saving
Bank Act, 1873, (5 of 1873), section 78 of the Probate
and Administration Act, 1881 (5 of 1881), or section 9
or section 10 of the Succession Certificate Act, 1889 (7
₹ 50.00 in all cases
285
of 1889).
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)
₹ 100.00
4. AFFIDAVIT including an affirmation or declaration in
the case of person by law allowed to affirm or declare
instead of swearing.
₹ 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; ₹ 5.00
(b) if relating to the sale of a Government security of
share in an incorporated company or other body
Corporate;
Subject to maximum of every
₹ 10,000 or part thereof of the
value of security or share.
(c) If relating to purchase or sale of shares, scripts,
stocks, bonds, deben-tures, 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 ₹ 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.
₹ 5.00
(e) If not, otherwise provided for ₹10.00
Exemptions
286
Agreement or memorandum of agreement—
(a) for or relating to the sale of goods or merchandise
exclusively not being a NOTE OR MEMORANDUM
chargeable under No. 43;
(b) made in the form of tenders to the Central
Government for or relating to any loan ; Agreement to
Lease : See Lease (No. 35)
6. AGREEMENT RELATING TO DEPOSIT OF TITLE-
DEEDS, PAWN OR PLEDGE, that is to say, any
instrument evidencing an agreement relating to-
(1) the deposit of title-deeds or instruments constituting
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
₹ 500
₹ 50.00
(ii) if it exceeds ₹ 500 and does not exceed
₹ 1000 and
₹ 50.00
(iii) for every ₹ 1000 or part thereof in excess of
₹1000
₹ 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 sub-
clause (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
₹ 1,000.
₹ 41.25
(b) In any other case
₹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 ₹1,000. The same duty as bond (15) for
such amount.
(b) in any other case
₹50.00 in all cases.
287
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).
Exemption- Instruments of apprenticeship executed by
a Magistrate under the Apprentices Act, 1961 (52 of 1
961) I or by which a person is apprenticed by or at the
charge of any public-charity.
₹50.00
10. ARTICLE OF ASSOCIATION OF A COMPANY.
(a) where the company has no share capital or the
nominal share capital does not exceed ₹ 2,500;
₹ 100.00
(b) where the nominal share capital exceeds ₹ 2,500
but does not exceed ₹ 5,000;
₹150.00
(c) where the nominal share capital exceeds ₹ 5,000
but does not exceed ₹ 1,00,000;
₹300.00
(d) where the nominal share capital exceeds ₹
1,00,000.
₹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.
₹ 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 ₹ 1,000.
The same duty as a Bond
(No.15) for such amount.
(b) in any other case
₹ 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
288
or sight-
(a) if the amount of the bill or note does not exceed
₹ 500;
30 paise
(b) it exceeds ₹ 500 but does not exceed ₹ 1,000; 60 paise
(c) and for every additional ₹ 1,000 or part thereof in
excess of ₹ 1,000;
60 paise
(ii) where payable more than three months but not more
than six months after date or sight
(a) if the amount of the bill or note does not exceed
₹ 500;
60 paise
(b) if it exceeds ₹ 500 but does not exceed ₹ 1000; ₹ 1 and 20 paise
(c) and for every additional ₹ 1,000 or part thereof in
exceeds of ₹ 1000:
₹ 1 and 20 paise
(iii) where payable more than six months but not more
than nine months after date of sight-
(a) if the amount of the bill or note does not exceed
₹ 500;
90 paise
(b) if it exceeds ₹ 500 but does exceed ₹ 1,000;
₹ 1 and 80 paise
(c) and for every additional ₹ 1,000 or part thereof in
exceeds of ₹ 1,000;
₹ 1 and 80 paise
(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
₹ 500;
₹1 and 25 paise
(b) if it exceeds ₹ 500 but does not exceed ₹ 1,000
₹ 2 and 50 paise
(c) and for every additional ₹ 1,000 or part thereof in
exceeds of ₹ 1 ,000;
₹ 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
₹500;
₹ 2 and 50 paise
₹ 5
₹ 5
(b) if it exceed ₹ 500 but does not exceed ₹ 1,000; ₹ 1
(c) and for every additional ₹ 1 ,000 or part thereof in
excess of ₹ 1,000
14. BILL OF LADING {including a through bill of lading)
Exemptions-
₹ 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
₹ 10
₹2.00
289
(ii) Where it exceeds ₹ 10 and does not exceed ₹ 50 ₹2.00
(iii) Where it exceeds ₹ 50 and does not exceed ₹ 100 ₹3.00
(iv) Where it exceeds ₹ 100 and does not exceeds ₹20 ₹5.00
(v) Where it exceeds ₹ 200 and does not exceeds ₹300 ₹8.00
(vi) Where it exceeds ₹ 300 and does not exceeds ₹ 400 ₹ 10.00
(vii) Where it exceeds ₹ 400 and does not exceeds ₹ 500 ₹ 14.00
(viii) Where it exceeds ₹500 and does not exceeds ₹ 600 ₹ 18.00
(ix) Where it exceeds ₹ 600 and does not exceeds
8s.700
₹22.00
(x) Where it exceeds ₹ 700 and does not exceeds Bs.
800
₹24.00
(xi) Where it exceeds ₹ 800 and does not exceeds Bs.
900
₹27.00
(xii) Where it exceeds ₹ 900 and does not exceeds ₹
1000
₹30.00
(xiii) and for every ₹ 500 or part thereof in excess of ₹
1000
₹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. BOTTOMRY BOND, that is to say, any instrument
whereby the master of a sea-going ship borrows money
on the security of the ship to enable him to preserve the
ship or prosecute her voyage.
The same duty as a Bond
(No. 15) 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).
₹50.00
18. CERTIFICATE OF SALE (in respect of each property
put up as a separate lot and sold) granted to the
290
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 ₹ 10; ₹2.00
(b) Where the purchase money exceeds ₹ 10 but does
not exceed ₹ 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.
₹ 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.
₹ 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
the benefit of his credito₹
₹ 100.00
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 ₹
1000.00
₹ 50.00
(i) Where it exceeds ₹ 1000 but does not
exceed ₹ 10,000
3%
(ii) Where it exceeds ₹ 10,000 but does not
exceed ₹ 1 ,00,000
2%
(iii) Where it exceeds ₹ 1,00,000 but does
not exceed ₹ 3,00,000
1%
(iv) Where it exceeds ₹ 3,00,000 but does
not exceed ₹ 5,00,000
2%
(v) ₹ 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
291
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;
₹5.00
(ii) in any other case ; ₹ 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. ₹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 ₹ 1000;
The same duty as a Bond
(No. 15) for such amount.
(b) in any other case ₹ 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 ₹ 10; 10 paise
(ii) where it exceeds ₹ 10 and does not exceed ₹ 50 20 paise
(iii) Ditto 50 ditto 100 30 paise
(iv) Ditto 100 ditto 200 75 paise
(v) Ditto 200 ditto 300 ₹ 1 and 10 paise
(vi) Ditto 300 ditto 400 ₹ 1 and 50 paise
(vii) Ditto 400 ditto 500 ₹ 1 and 80 paise
(viii) Ditto 500 ditto 600 ₹ 2 and 25 paise
292
(ix) Ditto 600 ditto 700 ₹ 2 and 60 paise
(x) Ditto 700 ditto 800 ₹ 3 and 40 paise
(xi) Ditto 800 ₹ 3 and 75 paise
(xii) ditto 900 ₹ 1 and 85 paise
(xiii) and for every ₹ 500 or part thereof in
excess 1000
₹ 3
(b) by delivery
(i) where the amount or value of the consideration for
such debenture as set forth therein does not exceed ₹ 50
35 paise
(ii) where it exceeds ₹ 50 but does not exceed ₹ 100 75 paise
(iii) Ditto 100 ditto 200 ₹ 1 and 50 paise
(iv) Ditto 200 ditto 300 ₹ 2 and 25 paise
(v) Ditto 300 ditto 400 ₹3
(vi) Ditto 400 ditto 500 ₹ 3 and 75 paise
(vii) Ditto 500 ditto 600 ₹ 4 and 50 paise
(viii) Ditto 600 ditto 700 ₹ 5 and 25 paise
(ix) Ditto 700 ditto 800 ₹ 6
(x) Ditto 800 ditto 900 ₹ 6 and 75 paise
(xi) Ditto 900 ditto 1,000 ₹ 7 and 50 paise
(xii) and for every ₹ 500 or part thereof in excess
of ₹1000
₹ 3 and 75 paise
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 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 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.
₹2.00
29. DIVORCE-Instrument of, that is to say, any instrument
by which any person effects the dissolution of his
marriage.
₹50.00
293
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),
(i) if at the time of execution of the instrument of
further charge possession of the property is given, or
agreed to be given under such instrument.
The same duty as a Conveyance
(No. 23) for a consideration
equal to the total amount of the
charge(including the original
mortgage and any further
charge already made) less the
duty already paid on such
original mortgage and further
charge.
(ii) if 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 sub-lease and any
agreement to let or sub-let-
(a) where by such lease the rent is fixed and no
premium is paid or delivered-
294
(i) where the lease purports to be for 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 does not purports to be for a term
exceeding ten years, but not exceeding twenty yea₹
The same duty as a Conveyance
(No.23) for a consideration
equal to twice the amount or
value of the average annual rent
reserved.
(v) where the lease purports to be for a term
exceeding twenty years, but not exceeding thirty years.
The same duty as a Conveyance
(No.23) for a consideration
equal to three times the amount
or value of the average annual
rent reserved.
(vi) where the lease purports to be for a term as a
exceeding thirty years, but not exceeding one
hundred years.
The same duty 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.
295
(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.
Exemption: Lease, executed in the case of cultivator
and for the purpose of cultivation 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 line or premium, when a definite term is expressed
and such term does not exceed one year, or when the
average annual rent reserved does not exceed one
hundred rupees.
In this exemption a lease for the purpose of cultivation
shall include a lease of lands for cultivation together
with a homestead or tank.
Explanation: When lease undertakes to pay any
recurring charge, such as Government revenue,
landlords share of ceases, or the owner's share of
municipal rates of taxes, which is by law recoverable
from the lessor, the amounts so agreed to be paid by the
lease shall be deemed to be part of the rent.
36. LETTER OFALLOTMENT OF SHARES, company, or
in respect of any loan to be raised by any company or
proposed company.
₹2.00
37. LETTER OF CREDIT any instrument by which one
person authorizes another to give credit to the person in
whose favour it is drawn. LEDER OF GUARANTEE.
See AGREEMENT (No. 5).
₹ 1
296
38. LETTER OF LICENCE, 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.
₹ 50.00
39. MEMORANDUM OFASSOCIATION OF A
COMPANY
(a) if accompanied by articles of association under
section 26 of the Companies Act, 1956;
₹ 200.00
(b) if not so accompanied
(i) where the nominal share capital does exceed one
lakh of rupees;
(ii) where the nominal share capital does not exceed
one lakh rupees.
₹ 500.00
₹ 800.00
40. MORTGAGE-DEED, not being (AN AGREEMENT
RELATING TO DEPOSIT OF TITLE. DEED, PAWN OR
PLEDGE (No. 6), BOTIOMRY BOND (No. 16),
MORTGAGE OF A CROP (No. 41) RESPONDENTIA
BOND (No. 56), OR SECURITY BOND (No. 57)
(a) when possession of the property or any part of the
property comprised in such deed is given by the
mortgagor or agreed to be given.
The same duty as a Conveyance
(No. 23) for a consideration
equal to the amount secured by
such deed.
(b) when possession is not given or agreed to be given
as aforesaid;
The same duty as a Bond
(No.15) for the amount secured
by such deed.
Explanation: A mortgagor who gives to the mortgagee
a power-of-attorney to collect rents or a lease of the
property mortgaged or part thereof, is deemed to give
possession within the meaning of this Article.
(c) when a collateral or auxiliary or additional or
substituted security, or by way of further assurance by
the above mentioned purpose where the principal or
primary security is duly stamped
(i) for every sum secured not exceeding ₹ 1000 ₹5.00
(ii) and for every ₹ 1000 or part there of secured in
excess ₹ 1000.
₹ 5.00
Exemptions: (1) Instrument, executed by persons
taking advances under he lands Improvement Loans
Act, 1883 (10 of1883) or the Agriculturists Loan Act,
1884 (12 of 1884) or by their sureties as security for the
repayment of such advance.
(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 lime of the mortgage-
(a) when the loan is repayable not more than three
297
months from the date of the instrument
(i) for every sum secured not exceeding ₹ 200; ₹ 1.00
(ii) and for every ₹ 200 or part thereof secured in
excess of ₹ 200.
₹ 2.00
(b) When the loan is repayable more than three months,
but not more than eighteen months for the date of the
instrument.
(i) for every sum secured not exceeding ₹100 ₹ 2.00
(ii) and for every ₹ 100 or part thereof secured in
excess of ₹ 100.
₹ 2.00
42. NOTARIAL ACT that is to say, any instrument,
endorsement, note, attestation, certificate or entry not
being a Protest (No. 50) made or signed by a Notary
Public in the execution of the duties of his office, or by
any other person lawfully acting as a Notary Public.
₹ 10.00
See also Protest of Bill or Note (No. 50)
43. NOTE OF 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 Re. 20 ₹ 1.00
(b) of any stock or marketable security exceeding in
value twenty rupees.
₹2.00 for every ₹ 5,000 or part
thereof of the value of the stock
as security subject to a maximum
of forty rupees.
44. NOTE OF PROTEST by the Master of a Ship See also
Protest by the Master of a Ship. (No. 51 ) Order for the
payment of Money See Bill of Exchange (No. 13)
₹ 5.00
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, then one of such equal
shares)shall be deemed to be that
from which the other shares are
separated;
Provided always that—
298
(a) when an instrument of
partition containing an agreement
to divide property in severally is
executed and partition is effected
in pursuance of such agreement
the duty chargeable upon the
instrument affecting such
partition 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
effecting a partition passed by an
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 rupees four.
46. PARTNERSHIP
(A)- INSTRUMENT OF-
(a) where the capital of the partnership does not exceed
₹ 1000
The same duty as (Bond No. 15).
(b) in any other case ₹ 100.00
(B)- Dissolution of-
Pawn or Pledge - See Agreement relating to deposit of
Title deeds Pawn or Pledge (No. 6).
₹50.00
47. POLICY OF INSURANCE.-
A-SEA INSURANCE (See section 7) If drawn
singly
If drawn in
duplicate for
each part
(1) for or upon any voyage-
(i) where the premium or consideration does not
exceed the rate of one-eights per centum of the amount
insured by the policy;
five paise five paise
299
(ii) in any other case, in respect of every full sum of
one thousand five hundred rupees and also any
fractional part of one thousand five hundred rupees
insured by the policy;
five Paise five Paise
(2) for time-
(i) in respect of every full sum of one thousand rupees
and also any fractional part of one thousand rupees
insured by the policy-
ten paise five paise
(ii) where the insurance shall be made for any time not
exceeding six months;
ten paise five paise
(iii) where the insurance shall be made for any time
exceeding six months and not exceeding twelve months.
ten paise five paise
B.- FIRE-INSURANCE AND OTHER CLASSES OF
INSURANCE, NOT ELSEWHERE INCLUDED IN
THIS ARTICLE, COVERING GOODS,
MERCHANDISE, PEBSONAL EFFECTS, (CROPS
AND OTHER PROPERTY AGAINST LOSS OR
DAMAGE.
(1) in respect of an original policy Twenty five paise
(i) when the sum insured does not exceed ₹ 5,000; Fifty paise
(ii) in any other case; and
(2) in respect of each receipt for any payment of a
premium on
any renewal of an original policy.
One-half of the duty payable in
respect of the original policy in
addition to the amount, if any
chargeable under No. 53.
C. - ACCIDENT AND SICKNESS INSURANCE-
(a) against railway accident, valid for a single Journey
only.
Five paise
Exemption
When issued to a passenger traveling by the
intermediate or the third class in any railway;
(b) in any other case-for the maximum amount which
may become payable in the case of any single accident
or sickness where such amount does not exceed ₹1000,
and also where such amount exceeds ₹ 1000 for every
Bs. 1000 or part thereof.
Ten paise provided that, in case
of a policy of insurance against
death by accident when the
annual premium payable does not
exceed [ 2.50] per ₹1000, the
duty on such instrument shall be
[five paise] for every ₹ 1000 or
part thereof the maximum
amount which may become
payable under it.
300
CC- INSURANCE BY WAY OF INDEMNITY against
liability to pay damages on account of accident to
workmen employed by or under the insurer or against
liability to pay compensation under the Workmen's
Compensation Act, 1923 (8 of 1923), for every ₹100 or
part thereof payable as premium.
five paise.
D.- LIFE INSURANCE [OR GROUP INSURANCE
OR OTHER INSURANCE] NOT SPECIFICALLY
PROVIDED FOR, except such a RE-INSURANCE, as
is described in Division E of this article.
If drawn singly if drawn in
duplicate for
each part.
(i) for every sum insured not exceeding ₹ 250;
Ten paise Five paise
(ii) for every sum insured exceeding ₹ 250 but not
exceeding ₹ 500;
Ten paise Five paise
(iii) for every sum insured exceeding ₹ 500 but not
exceeding ₹ 1 ,000 and also for every ₹ 1,000 or part
thereof in excess of ₹ 1,000.
Twenty paise Ten paise
[N.B. II a policy of group
insurance is renewed or
otherwise modified whereby the
sum insured exceeds the sum
previously insured on which
stamp-duty has been paid, the
proper stamp must be borne on
the excess sum so insured.]
Exemption:
Policies of life-insurance granted by the Director
General of Post Offices in accordance with rules for
Postal life insurance issued under the authority of the
Central Government.
E.- RE-INSURANCE BY AN INSURANCE
COMPANY which has granted in a POLICY [of the
nature specified Division A or Division B of this
Article, with another company by way of indemnity or
guarantee against the payment on the original insurance
of a certain part of the sum insured thereby.
One quarter of the duty payable
in respect of the original
insurance but not less than five
paise or more than fifty paise:
Provided that if the total amount
of duty payable is not a multiple
of five paise, the total amount
shall be rounded off to the next
higher multiple of five paise.
General Exemption
Letter of cover or engagement to issue a policy of
insurance:
Provided that, unless such letter or engagement bears
the stamp prescribed by this Act for such policy,
nothing shall be claimable there under, nor shall it be
available for any purpose, except to the compel the
delivery of the policy therein mentioned.
301
48. POWER OF ATIORNEY (as defined by Section 2(21)
not being a Proxy (No. 52).
(a) when executed for the sole purpose of procuring the
registration one or more documents in relation to a
single transaction or for admitting execution of one or
more such documents;
₹20.00
(b) when required in suits or proceedings under the
Presidency Small Cause Courts Act,1882 (15 of 1882)
₹ 20.00
(c) when authorizing one person or more to act in a
single transaction other than the case mentioned in
clause (a);
₹ 20.00
(d) when authorizing more than five persons to act
jointly and severally in more than one transaction or
generally;
₹ 20.00
(e) when authorizing more than five but not more than
ten persons to act jointly and severally in more than one
transaction or generally;
₹ 20.00
(f) when given for consideration and authorizing the
attorney to sell any immovable property;
The same duty as a Conveyance
(No. 23) for the amount of the
consideration.
(g) in any other case
Explanation - For the purposes of this Article more
persons than one when belonging to the same firm shall
be deemed to be one person.
₹20.00
N.B.- The term 'registration' includes every operation
incidental to registration under the Registration Act,
1908 (16 of 1908).
49. PROMISSORY NOTE [as defined by section 2(22)]-
(a) when payable on demand
(i) when the amount or value does not exceed ₹ 250; 5 paise
(ii) when the amount or value exceeds ₹ 250 but does
not exceed ₹ 1,000 ;
10 paise
(iii) in any other case. 15 paise
(b) when payable otherwise than on demand. The same duty as a Bill of
Exchange (No. 1 3) for the same
amount payable otherwise than
on demand.]
50. PROTEST OF BILL OR NOTE, that is to say, any
declaration in writing made by a Notary Public, or other
person lawfully acting as such attesting the dishonor of
a Bill of Exchange or promissory note.
₹ 5.00
51. PROTEST BY THE MASTER OF A SHIP, that is to
say, any declaration of the particulars of her voyage
drawn up by him with a view to the adjustment of losses
of the calculation of averages and every declaration in
writing made by him against the charterers of the
consignees for not loading or unloading
₹ 5.00
302
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 Ship (No. 44).
52. PROXY empowering any person to vote at any one
election of the members of a district or a local board or
of a district or local board or of a body or municipal
commissioners, or at any one meeting or (a) members of
an incorporated company or other body corporate
whose stock or funds is or are divided into shares and
transferable, (b) a local authority, or (c) propretietors,
members or contributors to the funds of any institution.
Fifteen paise
53. RECEIPT [as defined by section 2(23)] for any money
or other Property the amount or value of which exceeds
rive thousand rupees.]
[One rupee]
Exemptions
Receipt-
(a) endorsed on or contained in any instrument duly
stamped [or any instrument exempted] under the
proviso to section 3 (instruments executed on behalf of
the Government) (or any cheque or bill of exchange
payable on demand) acknowledging the receipt of the
consideration money. Interest or annuity or other
periodical payment thereby secured;
(b) for any payment of money without consideration;
(c) for any payment of rent by a cultivator on account of
land assessed to Government revenue, or [in the States
of Madras, Bombay and Andhra) (as they existed
immediately before the 1st November, 1956) or Inam
lands;
(d) for pay or allowances by non-commissioned [or
petty] officer, soldiers, [sailors] or [airmen] of [Indian
military, [naval] or air forces], when serving in such
capacity, or by mounted police constables;
(e) given by holders of family certificates in cases
where the person from whose pay or allowances the
sum comprised in the receipt has been assigned is a
non-commissioned for petty] officer, [soldier, [sailor or
airman], of [any of the said forces], and serving in such
capacity;
(f) for pensions or allowances by person, receiving such
pensions or allowances in respect of their service as
such non commissioned [or petty] officers, [soldiers,
[sailors] or airmen], and not serving the Government in
any other capacity;
(g) given by a headman or lambardar for land revenue
or taxes collected by him;
(h) given for money or securities for money deposited
in the hands of any banker to be accounted for:
303
Provided that the same is not expressed to be received
of, or by the hands of, any other than the person to
whom the same is to be accounted for.
Provided also that this exemption shall not extend to a
receipt or acknowledgement for any sum paid or
deposited for upon a letter of allotment of a share, or in
respect of a call upon any seripor share of, or any
incorporated company or other body corporate or such
proposed or intended company or body or in respect or
a debenture being a marketable security.
54. RECONVEYANCE OF MORTGAGED PROPERTY.
(a) if the consideration for which the property was
mortgaged does not exceed ₹ 1000;
The same duty as a conveyance
(No. 23) for the amount of such
consideration as set forth in the
Reconveyance.
(b) in any other case ₹60.00
55. RELEASE, that is to say, any instrument not being such
a release as is provided for by section 23A whereby a
person renounces a claim upon another person or
against any specified property
(a) if the amount or value of the claim does not exceed
₹ 1000
The same duty as a Bond(No 15)
for such amount or value as set
forth in the release.
(b) in any other case ₹ 30.00
56. RESPONDENTIA BOND, that is to say, any
instrument securing loan on the cargo laden bond
or to be laden on board a ship and a making the amount
of the repayment contingent on the arrival of the loan
secured. cargo at the port of destination.
The same duty as a bond {No.
15) for the amount f the loan
secured
REVOCATION OF ANY TRUST OB 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 ₹1000. The same duty as a Bond(No 15)
for the amount secured.
(b) in any other case ₹ 30.00
Exemptions: Bond or other instrument, when executed-
(a) by 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;
304
(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 object of
public utility shall not be less than a specified sum per
mensem;
(c) under No. 34 of the rules made by the State
Government ·under section 70 of the Bombay Irrigation
Act, 1879;
₹30.00
(d) executed by persons taking advances under the Land
Improvement Loans Act, 1883 (19 of 1883), or the
Agriculturist's Loans Act, 1884 (12 of 1884), or by their
sureties, as security for the repayment of such advances;
(e) executed 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. SETTLEMENT
A – INSTRUMENT OF (including a deed of dower) 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 an
instrument of settlement in
pursuance of such agreement is
subsequently executed the duty
on such instrument shall not
exceed ₹4.00.
Exemption: Deed of dower executed on the occasion of
a marriage between Muhammandans
B - REVOCATION OF –
See also Trust (No. 64)
The same duty as a Conveyance
(No.23) for a sum equal to the
amount or value of the property
concerned, as set forth in the
instrument of revocation, but not
exceeding ₹50/-.
59. SHARE WARRANT, to bearer issued under the
Company's Act, 1956 (Act 1 of 1956)
Exemption: Share warrant when issued by a company
in pursuance of the Company’s Act, 1956, (Act 1 of
1956) section 114, to have effect only upon payment, as
composition for the duty, to the collector of stamp
revenue of—
One and a half times duty
payable on a Conveyance
(No. 23) for a consideration
equal to the nominal amount of
the shares specified in the
warrant.
(a) one and a half per centum of the whole subscribed
capital of the company, or
305
(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 per centum of the
additional capital so issued.
Script. See CERTIFICATE (No. 19)
60. SHIPPING ORDER for or relating to the conveyance of
goods on board of any vessel.
₹ 2.00
61. SURRENDER OF LEASE
(a) when the duty with which the lease is chargeable
does not exceed five rupees.
The duty with which such lease
is chargeable.
(b) in any other case ₹ 30.00
Exemption: Surrender of lease, when such lease is
exempted from duty.
62. TRANSFER (whether with or without consideration)
[(a) of shares in an incorporated company or other body
corporate;
25 paise for every hundred
rupees or part thereof of the
value of the share.
(b) of debentures, being marketable Securities, whether
the debenture is liable to duty or not, except debentures
provided for by section 8;
One-half of the duty payable on
a conveyance (No. 23) for a
consideration equal to the face
amount of the debentures.
(c) of any interest secured by a bond, mortgage-deed or
policy of insurance,
(i) if the duty on such bond, mortgage deed or policy
does not exceed live rupees;
The duty with which such bond,
mortgage-deed or policy of
insurance is chargeable.
(ii) in any other case Five rupees.
(d) of any property under the Administrator General's
1874 (2 of 1874). section 31;
Ten rupees.
(e) of any trust-property without consideration from one
trustee to another trustee or from a trustee to beneficiary
Five rupees or such smaller
amount as may be chargeable
under clauses (a) to (c) of this
Article.]
Exemptions
Transfer by endorsement-
(a) of a bill of exchange, cheque or promissory note;
(b) of a bill of lading, delivery order, warrant for goods,
or other merchantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government.
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.
Exemption:
Transfer of any lease exempt from duty.
306
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 ₹ 50.
(B) - Revocation of, or concerning, any property when
made by any instrument 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
₹50.
See also Settlement (No. 58) Valuation See Appraisement
(No. 8) Vakil See Entry as a Vakil (No. 30)
₹ 3.00
65. Warrant for goods, that is to say, any instrument
evidencing the title of any person therein named, or his
assigns, or the holder thereof, to the property in any
goods lying in or upon any dock, warehouse or wharf,
such instrument being signed or certified by or on
behalf of the person in whose custody such goods may
be].
₹ 3.00
[Vide Arunachal Pradesh 5 of 2007, s. 2]
Amendment of Schedule-I.—In Schedule I of the Indian Stamp Act, 1899 (Act No. 2 of 1899) (in its
application to the State of Arunachal Pradesh) Act 2007, for item no. 40, in sub-item (a), the following
shall be substituted, namely:
“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.
(i) Where the amount or value of the
consideration for such conveyance as set
forth therein does not exceed ₹ 1, 000
10
(ii) Where it exceeds ₹ 1, 000 1 %”
[Vide Arunachal Pradesh Act 16 of 2018, s. 2]
Uttaranchal
Amendment of 2 (Schedule 1-B of Act No. II of 1899.—In (schedule 1-B) of the Indian Stamp Act,
1899:--
(a) In Article 35 (Lease)-
(i) in Clause (a) for sub-clause (VI), (VII), and (VIII), the following clause shall be substituted,
namely:--
“(VI) Where the lease purports to be for a
term exceeding thirty years or in perpetuity or
does not purpose to be for any definite term.
The same duty as a Conveyance (No. 23 clause
(a)), for a consideration equal the market value of
property which is the subject of the lease.”
(iii) for clause (b) and (c), the following clause shall be substituted, namely:--
307
(b) Where the lease is granted for a fine or premium or for money advanced and Where no rent is
reserved:-
(i) Where the lease purport to be for a term
not exceeding thirty years;
The same duty as a Conveyance (No. 23 Clause
(a)), for a consideration equal to amount or the
value of such fine or premium or advance as
setforth in the lease.
(ii) Where I lease purports to be for a term
exceeding thirty years;
The same duty as a conveyance (No. 23 Clause
(a)),for a consideration equal to the market value of
property which is the subject of the lease.
(c) Where the lease is granted for a fine or premium or for money advanced in additional to the rent
reserved:-
(i) Where the lease purports to be for a term
not exceeding thirty years;
The same duty as Conveyance (No. 23 Clause (a)),
for a consideration equal to the amount or value of
such fine or premium or advance as setforth in the
lease, in additional to be duty which would have
been payable on such lease, if no fine or premium
or advance had been paid or delivered.
Provided that in a case when an agreement to lease
is stamped with the agreement to lease is stamped
with the ad-valorem stamp required for lease, and a
lease in pursuance of such an agreement is
subsequently executed, the duty on such lease shall
not exceed Fifty Rupees.
(iv) Where the lease purports to be for a term
exceeding thirty years;
The same duty as Conveyance (No. 23 Clause (a)),
for a consideration equal the market value of
property, which is the subject of the lease.
(v) Explanation (5) shall be omitted.
[Vide Uttaranchal Act 14 of 2002, s. 2]
Uttar Pradesh
Amendment of Schedule 1-B.— In Schedule I-B of the principal Act —
(a) in Article 15 (Bond), in the-column relating to the "Proper Stamp Duty", for the words set out in
Column I of the table below, the words set out respectively against them in Column 2 of the table below,
shall be substituted :—
COLUMN 1
(Existing words)
COLUMN 2
(Words to be substituted)
Forty-five paise Fifty paise.
One rupee Two rupees.
Three rupees and seventy-five paise Four rupees and twenty-five paise.
Seven rupees and fifty paise Eight rupees and fifty paise.
Eleven rupees and twenty five paise Twelve rupees and seventy five paise
Fifteen rupees Seventeen rupees
Eighteen rupees and seventy-five paise Twenty-one rupees and twenty five paise
Twenty-two rupees and fifty paise Twenty-five rupees and fifty paise
308
Twenty-six rupees and twenty five paise. Twenty-nine rupees and seventy-five paise
Thirty rupees Thirty-four rupees
Thirty three rupees and seventy five paise Thirty-eight rupees and twenty five paise.
Thirty-seven rupees and fifty paise Forty-two rupees and fifty paise.
Eighteen rupees and seventy-five paise Twenty-one rupees and twenty five paise
(b) in Article 23 (Conveyance), in the column relating to "Proper Stamp Duty", for the-figures set out in
Column 1 of the table below, the figures set out respectively against them in Column 2 of the table below,
shall be substituted :—
COLUMN 1
(Existing figures)
COLUMN 2
( figures to be substituted)
Rs. P.
Rs. P.
2 00
4 00
7 50
8 50
15 00
17 00
22 50
25 50
30 00
34 00
37 50
42 50
45 00
51 00
52 50
59 50
60 00
68 00
67 50
76 50
75 00
85 00
37 50 42 50
(c) in Article 48 in clause (f), for the words "in any other case" the following words shall be
substituted,—
"When authorizing more than ten persons to act jointly and severally in more than one transaction
or generally,"
[Vide Uttar Pradesh Act 6 of 1980, s. 11]
Amendment of Schedule 1-B of Act no. II of 1899.— In Schedule I-B of Indian Stamp Act, 1899, —
(a) in Article 17-A, in the column relating to "Proper Stamp Duty" for the words "Two hundred
and fifty rupees" the words "Five hundred rupees" shall be substituted.
309
(b) in Article 17-B, in the column relating to "Proper Stamp Duty" for the words "Five hundred
rupees" the words "Two thousand rupees" shall be substituted.
(c) in Article 35 (Lease), —
(i) in clause (a), for sub-clauses (vi), (vii) and (viii) the following clause shall be substituted,
namely :—
“(vi) Where the lease purports to be for
a term exceeding thirty years or in
perpetuity or does not purport to be for
any definite term.
The same duty as a Conveyance [No. 23 clause
(a) ] for a consideration equal to the market
value of the property which is the subject of
the lease.”
(ii) in clause (b) and (c) the following clauses shall be substituted, namely :—
“(b) Where the lease so granted for a fine or premium of for money advanced and where
no rent is reserved, —
(i) Where the lease purports to be
for a term not exceeding thirty
years ;
The same duty as a Conveyance
[No. 23 clause (a)] for a
consideration equal to the amount
or value of such fine or premium
or advance as set forth in the
lease.
(ii) Where the lease purports to be
for a term exceeding thirty years ;
The same duty as a Conveyance
[No. 23 clause (a)] for a
consideration equal to the market
value of the property which is
subject of the lease.
(c) Where the lease is granted for a fine or premium of for
money advanced in addition to rent is reserved, —
(i) Where the lease purports to be
for a term not exceeding thirty
years ;
The same duty as a Conveyance
[No. 23 clause (a)] 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, if no fine or
premium or advance had been
paid or delivered:
Provided that in a case when an
agreement to lease is stamped
with the advalorem stamp
required for lease, and a lease in
pursuance of such agreement is
subsequently executed, the duty
on such lease shall not exceed
fifty rupees.
(ii) Where the lease purports to be The same duty as a Conveyance
310
for term exceeding thirty years ; [No. 23 clause (a)] for a
consideration equal to the market
value of the property which is
subject of the lease.”
(iii) Explanation (5) shall be omitted.
[Vide Uttar Pradesh s. 9 of 2001, s. 2]
In Schedule I-B to the principal Act:—
(a) in Article 5, in clause (c). in the column relating to the proper stamp duty, for the words "Six
rupees" the words “One hundred rupees" shall be substituted ;
(b) in Article 15, in the column relating to proper stamp duty, for the words set out in column below,
the words set out against them in column 2 below shall be substituted, namely :—
COLUMN 1
COLUMN 2
One rupee and fifty paise Two rupees
Three rupees Four rupees
Five rupees and fifty paise Six rupees and twenty-five paise
Eleven rupees Twelve rupees and fifty paise
Sixteen rupees and fifty paise Eighteen rupees and seventy-five paise
Twenty-two rupees Twenty-five rupees
Twenty-seven rupees and fifty paise Thirty-one rupees and twenty-five paise
Thirty-three rupees Thirty-seven rupees and fifty paise
Thirty-eight rupees and fifty paise Forty-three rupees and seventy-five paise
Forty-four rupees Fifty rupees
Forty-nine rupees and fifty paise Fifty-six rupees and twenty-five paise
Fifty-five rupees Sixty-two rupees and fifty paise
Twenty-seven rupees and fifty paise Thirty-one rupees and twenty-five paise
(c) in Article 25 —
(i) in in clause (a), in the column relating to the description of instrument, for the words "five
rupees" the words "fifty rupees" shall be substituted ;
(ii) in clause (b), in the column relating to the proper stamp duty, for the words "Five rupees" the
words "fifty rupees" shall be substituted.
(d) in Article 35—
(i) in clause (a), in sub-clauses (ii), (iii), (iv), (v), (vi) and (vii) in the column relating to proper
stamp duty, for the existing entries, the following entries shall be substituted, namely :—
311
in sub-clause (ii)
"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."
in sub-clause (iii)
"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."
in sub-clause (iv)
"The same duty as a conveyance (no. 23), for a
consideration equal to five times the amount or
value or the average annual rent reserved"
In sub-clause (v) "The same duty as a conveyance (no. 23) for a
consideration equal to six times the amount or
value or the average annual rent reserved."
in sub-clause (vi) "The same duty as a conveyance (no. 23), for a
consideration equal to ten times the amount or
value of the average annual rent reserved."
in sub-clause (vii) "The same duty as a Conveyance (no. 23), for a
consideration equal to one-third of the whole
amount of rent which would be paid or
delivered in respect of the first fifty years of
the lease."
(ii) after explanation (3), the following explanation shall be inserted, namely:—
"(4) The aggregate amount at which tolls are let, whether payable in lump sum or installments
shall be deemed to be premium for the purposes of this Article.”
(e) in Article 48, after clause (e), the following clause shall be inserted, namely :—
"(ee) When irrevocable authority is given to the attorney to sell immovable property.---The
same duty as a conveyance (no. 23) on the market value of the property forming subject of such
authority".
[Vide Uttar Pradesh Act 11 of 1992, s. 5]
Amendment of Schedule I-B.—In Schedule I-B to the principal Act, —
(a) in Article 8, in clause (b), in the second column for the words “Thirty-seven rupees and fifty
paise” the words and figures “the same duty as a Bond (no. 15) for Rs. 1,000” shall be substituted ;
(b) in Article 12, in clause (c), in the second column, for the words "Thirty-seven rupees and fifty
paise" the words and figures "The same duty as a Bond (no. 15) for Ra. 1,000" shall be substituted ;
(c) for Article 18, the following Article shall be substituted column-wise as indicated below :—
In the column pertaining to
description
In the column pertaining to proper of instrument stamp
duty
“18. Certificate of sale (in respect
of each property put up as a
separate lot and sold) granted to the
“The same duty as a conveyance (no. 23), for a
consideration equal to the amount of the purchase money
312
purchaser of any property sold by
public auction by a court or by an
officer, authority or body
empowered under any law for the
time being in force to sell such
property by public auction and to
grant such Certificate.”
only.”
(d) In Article 46, —
(i) in Part A, in clause (b), in the second column, for the words "One hundred and fifty
rupees" the words and figures "The same duty as a Bond (no. 15) for Rs.4,000" shall be
substituted ;
(ii) in Part B, in the second column, for the words "Thirty-seven rupees and fifty paise" the
words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be 'substituted
(e) in Article 54, in clause (b), in the second column, for the words "Seventy-five rupees"
the words and figures "The same duty as a conveyance (no. 23) for Rs. 1,000" shall be
substituted
(f) in Article 55, in clause (b), in the second column, for the words, "One hundred rupees"
the words and figures "The same duty as a Bond (no. 15) for Rs. 3,000" shall be substituted ;
(g) in Article 57, in clause (b), in the second column, for the words "Thirty-seven rupees and
seventy-five paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall
be substituted ;
(h), in Article 61 —
(i) in clause (a), in the first column, for the words "Thirty-seven rupees and seventy-five
paise" the words and figures "the duty chargeable on a conveyance for a consideration of
Rs.500" Shall be substituted ;
(ii) in clause (b), in the second column, for the words, "Thirty-seven rupees and seventy-
five paise" the words and figures "The same duty as a conveyance (no. 23) for a consideration
of Rs. 500" shall be substituted.
(i) in Article 64, in Item B, in the second column, for the words "Seventy-five rupees" the
words and figures "the duty payable on a Bond (no. 15) for Rs. 2,000" shall be substituted
[Vide Uttar Pradesh Act 19 of 1981, s. 4]
Amendment of Article 1 of Schedule I-B to Act no. 2 of 1899.— In Schedule I-B to the Indian
Stamp Act, 1899, hereinafter referred to as the said Schedule, in Article 1, in the second column for the
existing entry the following entry shall be substituted, namely :—
“Fifty Paise.”
[Vide Uttar Pradesh Act 19 of 1982, s. 2]
Amendment of Article 2.— In the said Schedule, in Article 2, in the second column, for the existing
entry, the following entry shall be substituted, namely :—
“Subject to a maximum of two hundred rupees, the same duty as on a Bond (No. 15).”
313
[Vide Uttar Pradesh Act 19 of 1982, s. 3]
Amendment of Article 3.—In the said Schedule, in Article 3, in the second column, for the words
“fifty rupees” the words “Seventy five rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 4]
Amendment of Article 4.—In the said Schedule, in Article 4, in the second column, for the words
“Four rupees and fifty paise” the words “Five rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 5]
Amendment of Article 5.— In the said Schedule, in Article 5, in clause (c), in the second column,
for the words “Five rupees” the words “Six rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 6]
Amendment of Article 6.—In the said Schedule, in Article 6, in clause (2), in sub-section (a), in the
second column, for the figures set out in Column 1 below, the figures set out in Column 2 below, shall be
substituted :—
Column 1 Column 2
Rs. P. Rs. P.
1 00 1 50
2 00 3 00
3 00 4 50
4 00 6 00
5 00 7 50
6 00 9 00
8 00 12 00
12 50 18 75
25 00 37 50
37 50 56 25
50 00 75 00
75 00 112 50
100 00 150 00
125 00 187 50
150 00 225 00
314
50 00 75 000
[Vide Uttar Pradesh Act 19 of 1982, s. 7]
Amendment of Article 7.— In the said Schedule, in Article 7:-
(a) in clause (a), in the second column, for the existing entry the following entry shall be
substituted, namely :-
"Fifty rupees".
(b) in clause (b), in the second column, for the existing entry the following entry shall be
substituted, namely:-
"One hundred .rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 8]
Amendment of Article 10.— In the said Schedule, in Article 10, in the second column, for the
existing entry the following entry shall be substituted, namely :-
"Three hundred rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 9]
Amendment of Article 11.— In the said Schedule, in Article 11, in the second column, for the
exiting entry, the following entry shall be substituted, namely:-
"Four hundred rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 10]
Amendment of Article 17.—In the said Schedule, in Article 17 in the second column, for the exiting
entry, the following entry shall be substituted, namely :
"Twenty-five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 11]
Amendment of Article 19.—In the Said Schedule, in Article 19, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Fifty paise"
[Vide Uttar Pradesh Act 19 of 1982, s. 12]
Amendment of Article 20.—In the Said Schedule, in Article 20, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Six rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 13]
Amendment of Article 22.—In the Said Schedule, in Article 22, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Fifty rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 14]
Amendment of Article 26.—In the Said Schedule, in Article 26, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Subject to a maximum of one hundred fifty rupees, the same duty as on a Bond (no. 15)."
315
[Vide Uttar Pradesh Act 19 of 1982, s. 15]
Amendment of Article 28.—In the Said Schedule, in Article 28, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 16]
Amendment of Article 29.—In the Said Schedule, in Article 29, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Twenty-five rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 17]
Amendment of Article 34-A.—In the Said Schedule, in Article 34-A, in the second column, for the
words “Five rupees” the words “six rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 18]
Amendment of Article 36.— In the Said Schedule, in Article 36, in the second column, for the
exiting entry the following entry shall be substituted, namely:-
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 19]
Amendment of Article 39.—In the Said Schedule, in Article 39, in the second column, for the words
“one hundred rupees” the words “Two hundred rupees” shall be substituted and for the words “Three
hundred and twenty-five rupees” the words “Five hundred rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 20]
Amendment of Article 43.— In the Said Schedule, in Article 43, —
(a) in clause (a), in the second column for the existing entry, the following entry shall be
substituted, namely :
"One rupee."
(b) in clause (b), in the second column, for the existing entry, the following entry shall be
substituted, namely:—
"Subject to a maximum of seventy-five rupees; one rupee for every, Rs. 10,000 or part
thereof of the value of the stock or security.”
[Vide Uttar Pradesh Act 19 of 1982, s. 21]
Amendment of Article 44.— In the said Schedule, in Article 44, in the second column; for the
existing entry, the following entry shall be substituted, namely:—
"Three rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 22]
Amendment of Article 48.–In the said Schedule, in Article 48, —
(a) in clause (a), in the second column, for the words "Two rupees and fifty paise" the words
"Three rupees" shall be substituted ;
(b) in clause (b), in the second column, for the words "Five rupees” the words "Six rupees" shall
be substituted ;
316
(c) in clause (c), in the second column, for the words "Twenty rupees” the words "Twenty-four
rupees" shall be substituted;
(c) in clause (c), in the second column, for the words "Twenty rupees” the words "Twenty-four
rupees" shall be substituted;
(e) in clause (f), in the second column, for the words "Five rupees” the words "Six rupees" shall
be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 23]
Amendment of Article 50.— In and said Schedule, in Article 50, in the second column, for the
existing entry, the following entry shall be substituted, namely:—
"Five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 24]
Amendment of Article 51.— In the said Schedule, in Article 51, in the second column, for the
existing entry, the following entry shall be substituted, namely:—
"Five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 25]
Amendment of Article 58.— In the said Schedule, in Article 58 in item B, in the second column, for
the existing entry, the following entry shall be substituted, namely:—
"The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property
concerned, but not exceeding fifty rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 26]
Amendment of Article 60.—in the said Schedule, in Article 60, in the second column, for the
existing entry the following entry shall be substituted, namely:—
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 27]
Amendment of Article 62.—In the said Schedule under Article 62:—
(a) in clause (c), in sub-clause (ii), in the second column, for the words "Thirty-seven rupees and
seventy-five paise" the words "Seventy-five rupees" shall be substituted ;
(b) in clause (d), in the second column, for the existing entry, the following entry shall be
substituted, namely :—
"Sixty-seven rupees and fifty paise" ;
(c) in clause (e), in the second column, for the existing entry, the following entry shall be
substituted, namely—
"Thirty-four rupees or such smaller amount as may be chargeable under clauses (b) and (c) of this
article."
[Vide Uttar Pradesh Act 19 of 1982, s. 28]
Amendment of Article 64.— In the said Schedule, in Article 64, in Part A, in clause (b), in the
second column, for existing entry, the following entry shall be substituted, namely:—
"On ten thousand rupees, the duty payable under clause (a), and on the remainder, Three rupees
for every additional one thousand rupees or part thereof."
317
[Vide Uttar Pradesh Act 19 of 1982, s. 29]
Amendment of Article 65.— In the said Schedule, in Article 65, the second column, for the existing
entry, the following entry shall be substituted, namely:—
"Three rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 30]
Amendment of Schedule 1-B to Act no. 2 of 1899.— In Schedule I-B to the Indian Stamp Act,
1899, hereinafter referred to as the principal Act in Article 5 (Agreement or Memorandum of an
Agreement) after clause (b), the following clause shall be inserted, namely :—
“(b-1) if relating to the sale of an
immovable property where, in part
performance of the contract possession
is admitted to have been delivered or is
agreed to be delivered without executing
the conveyance :—
The same duty as on conveyance (No. 23) on one half of
the amount of consideration as set forth in the agreement.
Provided that when conveyance in
pursuance of such agreement—
(i) is executed, the duty paid under this
clause shall be adjusted towards the total
duty payable on the conveyance ;
(ii) is not executed, the duty paid under
this clause in excess of the duty payable
under clause (c) shall subject to the rules
be refunded without any deduction on an
application being made for the purposes
not beyond 6 months from the expiration
of the period during which conveyance
could have been executed in pursuance
of the agreement.”
[Vide Uttar Pradesh Act 22 of 1990, s. 2]
Amendment of Schedule 1-B.—In Schedule 1-B of the principal Act —
(1) for the existing entry in Column 2 against Article 3, the following entry shall be substituted,
namely :—
“Fifty rupees”,
(2) for the existing entry in Column 2 against clause (a) of Article 4, the following entry shall be
substituted, namely :—
“Two rupees”,
(3) for the existing entry in Column 2 against clause (c) of Article 5, the following entry shall be
substituted, namely :—
“Five rupees”,
(4) for the existing table of rates below sub-clause (a) of clause (2) of Article 6, the following
table shall be substituted, namely :—
318
Description of instrument Proper stamp duty
Rs. P.
When the amount of the loan or debt does not exceed
Rs. 200
. . 1 00
When It exceeds Rs. 200 but does not exceed Rs. 400 . . 2 00
When it exceeds Rs. 400 but does not exceed Rs. 600 . . 3 00
When It exceeds Rs. 600 but does not exceed Rs. 800 . . 4 00
When It exceeds Rs. 800 but does not exceed Rs. 1,000 . . 5 00
When It exceeds Rs. 1,000 but does not exceed Rs.
1,200
. . 6 00
When It exceeds Rs. 1,200 but does not exceed Rs.
1,600
. . 8 00
When It exceeds Rs. 1,600 but does not exceed Rs.
2,500
. . 12 50
When It exceeds Rs. 2,500 but does not exceed Rs.
5,000
. . 25 00
When It exceeds Rs. 5,000 but does not exceed Rs.
7,500
. . 37 50
When It exceeds Rs. 7,500 but does not exceed Rs.
10,000
. . 50 00
When It exceeds Rs. 10,000 but does not exceed Rs.
15,000
. . 75 00
When It exceeds Rs. 15,000 but does not exceed Rs.
20,000
. . 100 00
When It exceeds Rs. 20,000 but does not exceed Rs.
25,000
. . 125 00
When It exceeds Rs. 25,000 but does not exceed Rs.
30,000
. . 150 00
and for every additional Rs. 10,000 or part thereof in
excess of Rs. 30,000
. .
50 00
(5) for the existing entry in Column 2 against clause (b) of Article 8, the following entry shall be
substituted, namely :—
“Thirty-seven rupees and fifty paise”.
(6) for the existing entry in Column 2 against Article 10, the following entry shall be substituted,
namely :—
“Two hundred and twenty five rupees ”.
319
(7) for the existing entry in Column 2 against clause (c) of Article 12, the following entry shall be
substituted, namely :—
“Thirty-seven rupees and fifty paise”.
(8) for the existing table of rates below Article 15, the following table shall be substituted, namely
:—
Description of instrument Proper stamp duty
Where the amount or value secured does not exceed
Rs. 10
Forty-five paise.
Where it exceeds Rs. 10 but does not exceed Rs. 50 One rupees.
Where it exceeds Rs. 50 but does not exceed Rs. 100 Three rupees and
seventy-five paise.
Where it exceeds Rs. 100 but does not exceed Rs. 200
Seven rupees and
fifty paise.
Where it exceeds Rs. 200 but does not exceed Rs. 300 Eleven rupees and
twenty-five paise.
Where it exceeds Rs. 300 but does not exceed Rs. 400 Fifteen rupees.
Where it exceeds Rs. 400 but does not exceed Rs. 500
Eighteen rupees and
seventy-five paise.
Where it exceeds Rs. 500 but does not exceed Rs. 600
Twenty-two rupees,
and fifty paise.
Where it exceeds Rs. 600 but does not exceed Rs. 700
Twenty-six rupees
and twenty-five
paise.
Where it exceeds Rs. 700 but does not exceed Rs. 800 Thirty rupees.
Where it exceeds Rs. 800 but does not exceed Rs. 900 Thirty-three rupee
and seventy-five
paise.
Where it exceeds Rs. 900 but does not exceed Rs.
1,000
Thirty-seven rupees
and fifty paise.
and for every Rs. 500 or part thereof in excess of Rs.
1,000
Eighteen rupees and
seventy-five paise.
(9) for the existing table of rates below Article 23, the following table shall be substituted,
namely :—
320
Description of instrument Proper stamp duty
Where the amount or value of the consideration of
such conveyance
as set forth therein or the market value of the property
which is the
subject of such conveyance, whichever is greater,
does not exceed Rs. 50
…………….
Rs. P
2 00
Where it exceeds Rs. 50 but does not exceed Rs. 100 ……………. 7 50
Where it exceeds Rs. 100 but does not exceed Rs. 200 ……………. 15 00
Where it exceeds Rs. 200 but does not exceed Rs. 300 ……………. 22 50
Where it exceeds Rs. 300 but does not exceed Rs. 400 ……………. 30 00
Where it exceeds Rs. 400 but does not exceed Rs. 500 ……………. 37 50
Where it exceeds Rs. 500 but does not exceed Rs. 600 ……………. 45 00
Where it exceeds Rs. 600 but does not exceed Rs. 700 …………… 52 50
Where it exceeds Rs. 700 but does not exceed Rs. 800 …………… 60 00
Where it exceeds Rs. 800 but does not exceed Rs. 900 …………… 67 50
Where it exceeds Rs. 900 but does not exceed Rs.
1,000
……………
75 00
and for every Rs. 500 or part thereof in excess of Rs.
1,000
…………… 37 50
(10) for the existing entry in Column 2 against clause (ii) of Article 24 the following entry shall be
substituted, namely :—
“Three rupees, when the copy or extract is of an agricultural lease or of a mortgage-deed or sale-
deed of agricultural land and the value of the subject matter of the original does not exceed one
thousand rupees ; in any other case, five rupees.”
(11) for the existing clause (a) in Column I of Article 25, the following clause shall be substituted,
namely :—
“(a) if the duty with which the original instrument is chargeable does not exceed five rupees ;”.
(12) for the existing entry in Column 2 against column (b) of Article 25, the following entry shall be
substituted, namely :—
“Five rupees”.
(13) for the existing clause (a) in Column 1 of Article 34-A, the following clause shall be substituted,
namely :—
“(a) if the duty with which the original instrument is chargeable does not exceed ten rupees ;”
(14) for the existing entry in column 2 against clause (b) of Article 34-A, the following shall be
substituted, namely :—
“Five rupees”,
321
(15) for the proviso below the existing entry in Column 2 against clause (c) of Article 35, the
following proviso shall be substituted, namely ;
“Provided that in any case when an agreement to lease is stamped with the ad valorem stamp required
for lease, and a lease in pursuance of such agreement is subsequently executed the duty on such lease
shall not exceed five rupees.”
(16) for the existing entry in Column 2 against clause (a) of Article 39, the following entry shall be
substituted, namely :—
“One hundred rupees”.
(17) for the existing entry in Column 2 against clause (b) of Article 39, the following entry shall be
substituted, namely :—
“Three hundred and twenty-five rupees”.
(18) in Article 45, in Column 2, for the existing clause (a) of the proviso, the following clause shall be
substituted, namely :—
“(a) When an instrument containing an agreement to divide property in severalty is executed and a
partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting
such partition or upon the instrument recording, by way of declaration or otherwise, the terms of such
partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less
than five rupees ;”
(19) for the existing clause (c) in Column 2 of Article 45, the following clause shall be substituted,
namely :—
“(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 any 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 five rupees.”,
(20) for the existing entry in Column 2 against item “A”, sub-item (b) of Article 46, the following
entry shall be substituted, namely:—
“One hundred and fifty rupees.”,
(21) for the existing entry in Column 2 against Item “B” of Article 46, the following entry shall be
substituted, namely :—
“Thirty-seven rupees and fifty paise.”,
(22) for the existing table of rates under Article 48, the following table shall be substituted,
namely :—
Description of instrument
Proper stamp duty
(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 ;
Two rupees and fifty paise.
(b) When authorizing one person or more Five rupees.
322
to act in a single transaction other than
the case mentioned in clause (a) ;
(c) When authorizing not more than five
persons to act jointly and severally in
more than one transaction or generally ;
Twenty rupees.
(d) When authorizing more than five but
not more than ten persons to act jointly
and severally in more than one
transaction or generally ;
Forty rupees.
(e) When given for consideration and
authorizing the attorney to sell any
immovable property ;
The same duty as a conveyance (no. 23) of the
consideration.
(f) in any other case ; Five rupees for each person authorized.
(23) for the existing entry in Column 2 against clause (b) of Article 54, the following entry shall
be substituted, namely :—
“Seventy-five rupees.”
(24) for the existing clause (a) below Article 55, the following clause shall be substituted,
namely :—
“(a) if the amount or value of the claim does not exceed Rs. 2,500 ;”
(25) for the existing entry in Column 2 against clause (b) of Article 55, the following entry shall
be substituted, namely :—
“One hundred rupees.”,
(26) for the existing entry in Column 2 against clause (b) of Article 57, the following entry shall
be substituted, namely :—
“Thirty-seven rupees and seventy-five paise”,
(27) for the existing proviso in Column 2 against Article 58, the following proviso shall be
substituted, namely :—
“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 five rupees”,
(28) for the existing clause (a) in Column 1 of article 61, the following clause shall be substituted,
namely :—
“(a) when the duty with which the lease is chargeable does not exceed thirty-seven rupees and
seventy-five paise.”
(29) for the existing entry in Column 2 against clause (b) of Article 61, the following entry shall
be substituted, namely :—
“Thirty-seven rupees and seventy-five paise”,
323
(30) for the existing item (i) of clause (c) in Column (1) of Article 62, the following item shall be
substituted, namely :—
“(i) if the duty on such bond, mortgage-deed or policy does not exceed thirty-seven rupees and
seventy-five paise.”
(31) for the existing entry in Column 2 against item (ii) below clause (c) of Article 62, the
following entry shall be substituted, namely:—
“Thirty-seven rupees and seventy-five paise ;
Provided that, if by any one instrument the interest secured by several bonds, mortgage-deeds or
policies of insurance is transferred the duty payable in respect of such instrument shall be the
aggregate of the duties which would have been payable if separate instruments of transfer were
executed in respect of each such bond, mortgage deed or policy of insurance.”
(32) for the existing entry in Column 2 against Item “B” of Article 64, the following entry shall
be substituted, namely :—
The same duty as a Bond (no. 15) for a sum equal to the amount or value of the property
concerned but not exceeding seventy-five rupees.”.
[Vide Uttar Pradesh Act 20 of 1974, s. 6]
Insertion of new Article 38-A.— In Schedule I-B to the Indian Stamp Act, 1899, after Article 38, the
following Article shall be inserted, namely :—
“38-A. Licence relating to arms or ammunitions, that is to say, document evidencing the licence
or renewal of licence relating to arms or ammunitions under the provisions of the Arms Act, 1959, —
(A) Licence relating to following arms :—
(i) Revolvers or Pistols Two thousand rupees
(ii) Rifles One thousand five hundred rupees
(iii) DBBL Weapons One thousand rupees
(iv) SBBL Weapons One thousand rupees
(v) ML Weapons Two hundred rupees
(B) Licence relating to arms or ammunitions on following Forms as set out in Schedule III to the
Arms Rules, 1962 :—
(i) FORM XI Ten thousand rupees
(ii) FORM XII
(iii) FORM XIII
Ten thousand rupees
Five thousand rupees
(iv) FORM XIV Three thousand rupees
(C) Renewal of licence relating to following arms :—
(i) Revolvers or Pistols One thousand rupees
(ii) Rifles Seven hundred fifty rupees
(iii) DBBL Weapons Five hundred rupees
(iv) SBBL Weapons Five hundred rupees
324
(v) ML Weapons One hundred rupees
(D) Renewal of licence relating to arms or ammunitions on following Forms as set out in
Schedule III to the Arms Rules, 1962 :—
(i) FORM XI Three thousand rupees
(ii) FORM XII Three thousand rupees
(iii) FORM XIII Two thousand rupees
(iv) FORM XIV One thousand rupees”
[Vide Uttar Pradesh Act 22 of 1998, s. 2]
Amendment of Article 1 of Schedule 1-B.— In Schedule 1-B to the principal Act. hereinafter referred to
as the said Schedule, in Article 1 (Acknowledgement) in the Column relating to the "description of
instrument" for the words "twenty rupees" the words "one thousand rupees", and in the column relating to
the "Proper Stamp Duty" for the words "Fifty paise" the words "ten rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 11]
Substitution or Article 4 In the said Schedule, for Article 4 (Affidavit), the following Article shall be
substituted, namely :—
"4 AFFIDAVIT, including an affirmation or Ten rupees declaration in the case of persons by law allowed
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. The Air force Act, 1950, or the Navy
Act, 1957, or
(b) for the sale purpose of enabling any person to receive any pension or charitable allowance.
[Vide Uttar Pradesh Act 22 of 1998, s. 12]
Amendment of Article 5.— In the said Schedule, in Article. 5 (Agreement or Memorandum of an
Agreement, —
(a) in clause (a). in the column relating to the "proper stamp duty” for the words "Sixty naye
paise" the words "ten rupee'. shall be substituted.
(b) in clause (b) in the Column relating to the "proper stamp duty" for the words "forty five
rupees, thirty naye paise for every 10,000” the words "One thousand rupees, ten rupees for every Rs.
20,000" shall be substituted.
(c) for the existing clause (b-1), the following clauses shall be Substituted, namely :—
“(b-1) If relating to the sale of an
immovable property where possession
is not admitted to have been delivered
nor is agreed to be delivered Without
executing the conveyance :
The same duty as on
conveyance [No. 23 clause
(a)] on one half of the
amount of consideration as
set forth in the agreement."
Provided that when conveyance in pursuance
325
of such agreement is executed. The duty paid
under this clause in excess of the duty payable
under clause (c) shall be adjusted towards the
total duty 'payable on the conveyance."
"(b-2) If relating to construction of a building
on a land by a person other than the owner or
lessee of such land and having a stipulation
that after construction, such building shall be
held jointly or severally by that other person
and the owner or the lessee, as the case may be,
of such land or that it shall be sold jointly or
severally by them or that a part of it shall be
held jointly or severally by them and the
remaining paid thereof shall be sold jointly or
severally by them.
The same duty as a conveyance (No. 23
clause (a)] for a consideration equal to the
amount or value of the land.
Explanations— For the purpose of this clause :—
(1) the expression "land” shall include things attached to the earth, or permanently fastened to
anything attached to the earth ;
(2) the expression “lessee" shall mean a holder of a lease in perpetuity or for a perpetuity or for a
period or thirty years or more.
(3) the expression “shall” mean a building having more than one flat or office accommodation or
both and the expression “flat” shall have the meaning assigned to it in the Uttar Pradesh Ownership of
Flats Act, 1975.”
[Vide Uttar Pradesh Act 22 of 1998, s. 13]
Amendment of Article 6.—In the said Schedule, in Article 6 (Agreement relating to deposit of title,
deeds pawn or pledge) in clause (2), for sub-clause (a). the following sub-clause be substituted,
namely :—
"(a) if such loan or debt is repayable on demand or more than three months from the date of the
instrument evidencing the agreement :
For every Rs. 1000 or part thereof of the amount of loan or debt. Twenty rupees
Explanation— For the purpose of clause (1) of this Article, any letter, note or memorandum or
writing, relating, to the deposit of title deeds whether written or made before, or at the time of, or
after, the deposit of title deeds is effected, and whether it is in respect of the first loan or any
subsequent loan, such letter, note, memorandum or writing shall ; in the absence of any separate
agreement relating to deposit of deeds, be deemed to be an instrument evidencing an agreement
relating to the deposit of title deeds."
[Vide Uttar Pradesh Act 22 of 1998, s. 14]
Amendment of Article 9.— In the said Schedule, in Article 9 (Apprenticeship deed), in the column
relating to the "proper stamp duty", for the words "Twelve rupees" the words "Twenty rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 15]
Amendment of Article 10.— In the said Schedule, in Article 10 (Articles of Association of a company),
in the column relating to the “proper stamp duty” for the words “Three hundred rupees” the words “Five
hundred rupees” shall be substituted.
326
[Vide Uttar Pradesh Act 22 of 1998, s. 16]
Amendment of Article 12.— the said Schedule, in Article 12 (Award), in clause (b), in the column
relating to the “proper stamp duty” for the words “One rupee and fifty naye paise” the words “Ten
rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 17]
Insertion of new Article 12-A.—In the said Schedule after Article 12, the following Article shall be
inserted, namely :—
“12-A. Bank Guarantee— Guarantee deed
executed by a Bank as a surely to secure
Fifty rupees.
The due performance or a contract or the
due discharge of a liability for every Rs.
1000 or part thereof.
[Vide Uttar Pradesh Act 22 of 1998, s. 18]
Substitution of Article 15.— In the said Schedule, for Article 15 (Bond), the following Article shall be
substituted, namely :—
“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.
Where the amount or value secured does
not exceed Rs. 100/-
Ten rupees
and for every additional Rs. 1,000 or part
thereof in excess Rs. 1,000/-
Seventy rupees
[Vide Uttar Pradesh Act 22 of 1998, s. 19]
Amendment of Article 17.— In the said Schedule, in Article 17 (cancellation), in the column relating to
the "proper stamp duty", for the words "Twenty-five rupees" the words "one hundred rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 20]
Amendment of Article 18.—In the said Schedule, in Article 18 (certificate of sale), in the column
relating to the "proper stamp duty", for the words and figure “No. 23” the words and figure "No. 23
clause (a)" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 21]
Amendment of Article 19.—In the said Schedule, in Article 19 (Certificate of other Document), in the
column relating to the "proper stamp duty", for the words "Fifty paise" the words "one rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 22]
Amendment of Article 20.— In the said Schedule, in Article 20 (Chartered Party), in the column relating
to the "proper stamp duty", for the words "Six rupees" the words "Ten rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 23]
327
Substitution of Article 23.— In the said Schedule, for Article 23 (Conveyance) the following Article
shall be substituted, namely :—
“23. CONVEYANCE as defined by
section 2 (10) not being a Transfer
charged or substituted under No. 62 —
(a) If relating to immovable property
where the amount or value of the
consideration of such conveyance at set
forth therein or the market value of the
immovable property which is the subject
of such conveyance, whichever is
greater does not exceed Rs. 500/-
Sixty rupees
Where it exceeds Rs. 500/- One hundred and twenty-five rupees
but does not exceed Rs. 1,000/- One hundred and twenty-five rupees
and for every Rs. 1,000/-
or part thereof in excess of Rs. 1,000/- Provided that the duty payable shall be rounded off to the
next multiple of ten rupees.
(b) if relating to movable property-
where the amount or value of the
consideration of such conveyance as set
forth therein does not exceed Rs. 1,000/-
Twenty rupees
and for every Rs. 1,000/- Twenty rupees
or part thereof in excess of Rs. 1,000/-
EXEMPTION:--
Assignment of copy-right in musical works by resident of or first published in India.
Explanation :—For the purposes of this Article, in the case of an agreement to sell an immovable
property, where possession is delivered before the execution or at the time of execution, or is agreed to be
delivered without executing the conveyance, the agreement shall be deemed to be a conveyance and
stamp duty thereon shall be payable accordingly ;
Provided that the provisions of section 47-A shall mutatis mutandis apply to such agreement ;
Provided further that when conveyance in pursuance of-such agreement is executed, the stamp duty
paid on the agreement shall be adjusted towards the total duty payable on the conveyance.
[Vide Uttar Pradesh Act 22 of 1998, s. 24]
Amendment of Article 24.— In the said Schedule, for Article 24 (copy or extract) the following Article
shall be substituted, namely :—
“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 ten rupees ;
Ten rupees
(ii) in any other case not falling within the
provisions of Section 6-A.
Ten rupees
328
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.”
[Vide Uttar Pradesh Act 22 of 1998, s. 25]
Amendment of Article 28.—In the said Schedule, in Article 28 (Delivery order in respect of goods), in
the column relating to the "description of, instrument" for the words "twenty rupees" the Words "one
thousand rupees" and in the column relating to the "proper stamp-duty" for the words "Fifty paise" the
words 'Ten rupees" shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 26]
Amendment of Article 29.—In the said Schedule, in Article 29 (Divorce) in the column relating to the
"proper Stamp duty" for the words. "Twenty-five rupees" the word "Fifty rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 27]
Amendment of Article 31, 32, 33.-- In the said Schedule, in Article 31 (Exchange of Property), 32
(Further charge) and 33 (Gift), in the column relating to the "proper stamp duty" for the word and figures
"No. 23" wherever occurring the words and figure "No. 23 clause (a)” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 28]
Substitution of Article 34-A.— In the said Schedule, for Article 39-A (instrument), the following Article
shall be substituted, namely:—
“34—A. INSTRUMENT correcting a
purely clerical error in an instrument
chargeable with duty and in respect of
which the proper duty has been paid.
Ten rupees”
[Vide Uttar Pradesh Act 22 of 1998, s. 29]
Amendment of Article 35.—In the said Schedule, in Article 35 (Lease) —
(a) in clause (a), in sub-clauses (ii), (iii), (iv), (v), (vi), (vii) and (viii), in the column relating to
the "proper stamp duty", for the word and figure "No. 23" wherever accruing the words and figure
"No. 23 clause (a)" shall be substituted ;
(b) in clause (b), in the column relating to the "proper stamp duty" for the word and figure "No.
23" the words and figure "No. 23 clause (a)” shall be substituted:
(c) in clause (c), in column relating to the "proper stamp duty", for the word and figure "No. 23"
the words and figure "No. 23 clause (a)" and for the words “Five rupees” the words “Ten rupees”
shall be substituted ;
(d) after the existing proviso, the following proviso shall be inserted, namely :—
"Provided further that where the lease purpose to letting of a building or flat for a term not
exceeding five years, the duty shall, subject to a minimum of rupees one hundred and a maximum of
rupees ten thousand, be chargeable at the rate of two per cent of the whole amount of the rent which
would be paid or delivered for the entire term of the lease and the amount of fine or premium or
329
money advanced, if any, as set forth in the lease and it shall be rounded off to the next multiple of
rupees ten."
(e) after explanation (4) the following explanation shall be inserted, namely:—
“(5) For the purpose of second proviso the expressions “building” and “flat” shall have the
meanings respectively assigned to them in explanation (3) to clause (b-2) of Article 5.”
[Vide Uttar Pradesh Act 22 of 1998, s. 30]
Amendment of Article 36.— In the said Schedule, in Article 36 (Letter of Allotment of shares) in the
column relating to the “proper stamp duty”, for the words “Fifty paise” the words “one rupee” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 31]
Amendment of Article 39.—In the said Schedule, in Article 39 (MEMORANDUM OF
ASSOCIATION OF A COMPANY), —
(a) in clause (a), in the column relating to the “proper stamp duty”, for the words “two hundred
rupees”, the words “Five hundred rupees” shall be substituted ;
(b) In clause (b), in the column relating to the “proper stamp duty”, for the words, “five hundred
rupees”, the words “one thousand rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 32]
Amendment of Article 40.— In the said Schedule, in Article 40 (Mortgage-deed), —
(a) in clause (a), in the column relating to the “proper stamp duty”, for the words and figure “No.
23”, the words and figure “No. 23 clause (a)” shall be substituted ;
(b) in clause (c), in the column relating to the “proper stamp duty”, for the words “two rupees and
twenty five naye paise” wherever occurring the words “Ten rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 33]
Amendment of Article 41.— In the said Schedule, in Article 41 (Mortgage of a crop) —
(a) in clause (a), —
(i) in the column relating to the “description of instrument”, for the words and figure “Rs. 200”,
wherever occurring the word and figure “Rs. 6000” shall be substituted ;
(ii) in the column relating to the “proper stamp duty”, for the words “Thirty five naye paise”,
wherever occurring the word and figure “Ten rupees” shall be substituted ;
(b) in clause (b), —
(i) in the column relating to the “description of instrument”, for the words and figure “Rs. 100”,
wherever occurring the word and figure “Rs. 3000” shall be substituted ;
(ii) in the column relating to the “proper stamp duty”, for the words “Sixty Naye paise”, wherever
occurring the word “Twenty rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 34]
Amendment of Article 42.— In the said Schedule, in Article 42 (Notarial Act) in the column relating
to the “proper stamp-duty”, for the words “Three rupees and fifty naye paise”, the words “Ten rupees”
shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 35]
330
Amendment of Article 43.—In the said Schedule, in Article 43 (Note or Memorandum),—
(a) in column relating to the “description of instrument”, for the words “Twenty rupees”, wherever
occurring the words “Two hundred rupees” shall be substituted ;
(b) in clause (a), in the column relating to the “proper stamp duty”, for the words “One rupees” the
words “Ten rupees” shall be substituted ;
(c) in clause (b), in the column relating to the “proper stamp duty”, for the words and figure “seventy
five rupees ; one rupee for every Rs. 10,000”, the words and figure “one thousand rupees ; ten rupees for
every Rs. 20,000” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 36]
Amendment of Article 44.— In the said Schedule, in Article 44 (Note of Protest) in the column
relating to the “proper stamp-duty”, for the words “Three rupees”, the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 37]
Amendment of Article 45.—In the said Schedule, in Article 45 Partition in the column relating to
the “proper stamp-duty”, for the words “five rupees”, wherever occurring the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 38]
Amendment of Article 46.— In the said Schedule, in Article 46 (Partnership), —
(a) in part A, for the word and figure “Rs. 4000”, wherever occurring, the word and figure “Rs.
10,000” shall be substituted ;
(b) in part B, in the column relating to, the "proper stamp duty", for the words and figure "the
same duty as a Bond (No. 15) for Rs. 1,000", the Words "one hundred rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 39]
Amendment of Article 48.—In the said Schedule, in Article 48 (Power of Attorney), —
(a) in clause (a), in the column relating the “proper stamp duty”, for the words “Three rupees” the
word “Ten rupees” shall be substituted ;
(b) in clause (b), in the column relating to the "proper stamp duty", for the words "Ten rupees",
the Words "Twenty rupees" shall be substituted.
(c) in clause (c), in the column relating to the "proper stamp duty", for the word and figure "No.
23" the Words and figure "No. 23 clause (a)" shall be substituted.
(d) in clause (ee), in the column relating to the "proper stamp duty", for the word and figure "No.
23" the Words and figure "No. 23 clause (a)" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 40]
Amendment of Article 50.— In the said Schedule, in Article 50 (Protest of bill or note), in the
column relating to the “proper stamp-duty”, for the words “Five rupees”, the words “ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 41]
Amendment of Article 51.—In the said Schedule, in Article 51 (Protest by the Master of a ship), in
the column relating to the “proper stamp-duty”, for the words “five rupees”, the words “ten rupees” shall
be substituted ;
331
[Vide Uttar Pradesh Act 22 of 1998, s. 42]
Amendment of Article 54.—In the said Schedule, in Article 54 (Re-conveyance of Mortgaged
Property) in the column relating to the “proper stamp-duty”, for the word and figure “No. 23” wherever
occurring the word and figure “No. 23 clause (a)” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 43]
Amendment of Article 57.— In the said Schedule, in Article 57 (Security-Bond or Mortgage-Deed), —
(a) in clause (a), in the column relating to the "description of instrument" for the word and figure
"Rs. 1000" the word and figure "Rs. 100" and in the column relating to the “proper stamp duty”, for
the words and figure “The same duty as a Bond (No. 15) for the amount secured” the words “Ten
rupees” shall be substituted.
(b) in clause (b), in the column relating to the "proper stamp duty", for the word and figure "The
same duty as a Bond (No. 15) for Rs. 1000" the words "One hundred rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 44]
Amendment of Article 58.—In the said Schedule, in Article 58 (Settlement) in part A, in the
column relating to the “proper stamp-duty”, for the words “five rupees” the words “ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 45]
Amendment of Article 60.—In the said Schedule, in Article 60 (Shipping Order), in the column
relating to the “proper stamp duty”, for the words “Fifty paise” the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 46]
Substitution of Article 61.—In the said Schedule, in Article 61 (Surrender of lease), the following
Article shall be substituted, namely :—
“61. SURRENDER OF LEASE The same duty as a Bond (No. 15) for a
consideration of Rs. 1000 or the duty with which
such lease is chargeable whichever is less ;
Provided that the duty payable shall be rounded off
to the next multiple or ten rupees.
EXEMPTION
Surrender of lease where such lease is exempted from duty.”
[Vide Uttar Pradesh Act 22 of 1998, s. 47]
Amendment of Article 62.—In the said Schedule, in Article 62 (Transfer), —
(a) for clause (b), following clause shall be substituted, namely:—
“(b) of debentures, being marketable securities
whether the debenture is liable to duty or not,
except debentures provided for by section 8 ;
When the value of the share or the face
amount of the debentures not exceed Rs. 500 ;
Ten rupees
Where it exceeds Rs. 500 but does not exceed
Rs. 1,000 ;
Twenty rupees
And for every rs..500 or ten rupees
part thereof in excess of Rs: 1,000:
ten rupees
332
(b) in clause (c)—
(i) for sub clause (i), the following sub clause
shall be substituted namely:-
“ (i) if the duty on such bond, mortgage Deed
or policy does not exceed one hundred
Rupees;
the duty with which such bond, mortgage-deed
or policy is chargeable;
provided that the duty payable shall be
rounded off to the next multiple of ten rupees;”
(ii)- in sub clause (ii) in the column relating to
the “proper stamp duty” for the words
“Seventy Five
rupees” shall be substituted and after the
proviso the following proviso shall be
inserted,at the end
namely:-
“provided further that the duty payable shall
be rounded off to the next multiple of ten
rupees:-
(c) in clause (d), in the column relating to the “proper stamp duty” for the words “ Sixty-seven rupees
and fifty paise” the words “One hundred ripees” shall be substituted;
(d) in clause (e), in the column relating to the “proper stamp duty” for the words “ Thirty four rupees
or such smaller amount as may be chargeable under clauses (b) and (c) of this Article”, the words
“seventy rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 48]
In the said Schedule, in Article 63(Transfer of lease), in the column relating to the “proper stamp duty”
for word and figure “No 23” the words and figure No “23 clause(a)” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 49]
In the said Schedule, in Article 64(Trust), in part A, in clause (b), in the column relating to the “proper
stamp duty” for the words “Three rupees” the words “Ten rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 50]
In the said Schedule, in Article 65(Warrant of goods), in the column relating to the “proper stamp
duty” for the words “Three rupees” the words “Ten rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 51]
Amendment of Article 3 of Schedule 1-B to Act no. 2 of 1899.— In Schedule I-B to the Indian
Stamp Act, 1899, hereinafter referred to as the said Schedule, in Article 3 (Adoption-Deed), in the column
relating to the "Proper Stamp Duty" for the words "seventy-five rupees," the words “one hundred rupees"
shall be substituted.
[Vide Uttar Pradesh Act 23 of 1988, s. 2]
Amendment of Article 6 of the said Schedule.—In the said Schedule, in Article 6 (Agreement
relating to deposit of title deeds, pawn or pledge), in clause (2), in sub-clause (a), in the column relating to
the "Proper stamp duty" for the figures set out in column 1 of the table below, be figures set out
respectively against them in column 2 thereof Shall be substituted, namely :
COLUMN 1 COLUMN 2
333
(Existing figures) (figures to be substituted)
Rs. P. Rs. P.
1 50 3 00
3 00 6 00
4 50 9 00
6 00 12 00
7 50 15 00
9 00 18 00
12 00 24 00
18 75 37 50
37 50 75 00
56 25 112 50
75 00
112 50
150 00
225 00
150 00 300 00
187 50 375 00
225 00 450 00
75 00 150 00
[Vide Uttar Pradesh Act 23 of 1988, s. 3]
Amendment of Article 15 of the said Schedule .— In the said Schedule, in Article 15, (Bond), in
the column relating to the "Proper stamp duty", for the words set out in column 1 of the table below, the
words set out respectively against them in Column 2 thereof shall be substituted, namely :—
COLUMN 1
(Existing words)
COLUMN 2
(Words to be substituted)
One rupee One rupee and fifty paise
Two rupees and fifty paise Three rupees
Four rupees and seventy-five paise Five rupees and fifty paise
Nine rupees and fifty paise Eleven rupees
Fourteen rupees and twenty-five paise Sixteen rupees and fifty paise
Nineteen rupee Twenty-two rupees
Twenty-three rupees and seventy-five paise Twenty-seven rupees and fifty paise
Twenty-eight rupees and fifty paise Thirty-three rupees
Thirty-three rupees and twenty-five paise Thirty-eight rupees and fifty paise
Thirty-eight rupees Forty-four rupees
Forty-two rupees and seventy-five paise Forty-nine rupees and fifty paise
Forty-seven rupees and fifty paise Fifty-five rupees
334
Twenty-three rupees and seventy-five paise Twenty-seven rupees and fifty paise.
[Vide Uttar Pradesh Act 23of 1988, s. 4]
Amendment of Article 23 of the said Schedule.—In the said Schedule, in Article 23, (Conveyance),
in the column relating to the "Proper stamp duty", for the figures set out in column 1 of the table below,
the figures set out respectively against them in Column 2 thereof shall be substituted, namely :—
Column 1 Column 2
Rs. P.
4 75
9 50
19 00
28 50
38 00
47 50
57 00
66 50
76 00
85 50
95 00
47 50
Rs. P.
6 25
12 50
25 00
37 50
50 00
62 50
75 00
87 50
100 00
112 50
125 00
62 50
[Vide Uttar Pradesh Act 23 of 1988, s. 5]
Substitution of Article 24 of the said Schedule.— In the said Schedule, for Article 24, (Copy or
extract), the following Article shall be substituted, namely :—
“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 three rupees.
Two rupees and twenty-five paise when the copy or
extract is of an agricultural lease or of a mortgage
deed or sale-deed of agricultural land ; in any other
case, five rupees.
335
(ii) in any other case not falling within the
provisions of section 6-A.
Three rupees, when the copy or extract is of an
agricultural lease or of a mortgage-deed or sale-deed
of agricultural land and the value of the subject-matter
of the original does not exceed one-thousand rupees ;
in any other case ten rupees.
or
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, naming
dedications, marriages, divorces, deaths or
burials."
[Vide Uttar Pradesh Act 23 of 1988, s. 6]
In the said Schedule; in Article 48 (Power of Attorney) –
(a) in clause (b), in the column relating to "Proper stamp duty." for the words "Six rupees" the words
"Ten rupees" shall be substituted;
(b) in clause (c), in the column relating to “Proper stamp duty” for the words “Twenty-four rupees"
the words. "Fifty rupees" shall be, substituted ;
(c) in clause (d), in the column relating to "Proper stamp duty" for the words "Forty-eight rupees" the
words "One hundred rupees" shall be substituted ;
(d) In clause (f), in the column relating to "Proper stamp duty” for the word “Six rupees" the words
"Ten rupees" shall be substituted ;
[Vide Uttar Pradesh Act 23 of 1988, s. 7]
Amendment of Schedule 1-B to Act no. II of 1899.—In Schedule I-B to the Indian Stamp Act, 1899—
(a) in Article 15 (Bond), in the column relating to the "Proper Stamp Duty", for the words set out in
column 1 of the table below, the words set out respectively against them in column 2 of the table below,
shall be substituted, namely :
COLUMN 1 COLUMN 2
(Existing words) (Words to be substitute
Fifty paise
Two rupees
Four rupees and twenty-five paise
Eight rupees and fifty paise
One rupee
Two rupees and fifty paise
Four rupees and seventy five paise
Nine rupees and fifty paise
Fourteen rupees and twenty five paise
336
Twelve rupees and seventy-five paise
Seventeen rupees
Twenty-one rupees and twenty-five paise
Twenty-five rupees and fifty paise
Nineteen rupees
Twenty-three rupees and seventy five paise.
Twenty-eight rupees and fifty paise
Twenty-nine rupees and seventy-five paise
Thirty-four rupees
Thirty-eight rupees and twenty-five paise
Forty-two rupees and fifty paise
Twenty-one rupees and twenty-five paise
Thirty-three rupees and twenty five paise
Thirty eight rupees
Forty-two rupees and seventy-five paise
Forty-seven rupees and fifty paise
Twenty-three rupees and seventy- five paise.
(b) in Article 23 (Conveyance), in the column relating to "Proper Stamp Duty", for the figures set out
in column 1 of the table below, the figures set out respectively again them in column 2 of the table below,
shall be substituted, namely :—
COLUMN 1 COLUMN 2
(Existing figures) ( figures to be substituted)
Rs. P.
4 00
8 50
17 00
25 50
34 00
42 50
51 00
59 50
68 00
76 50
85 00
42 50
Rs. P.
4 75
9 50
19 00
28 50
38 00
47 50
57 00
66 50
76 00
85 50
95 00
47 50
[Vide Uttar Pradesh Act 32 of 1985, s. 2]
Uttar Pradesh
Insertion of new article 38A.—In Schedule I-B to the Indian Stamp Act, 1899 after article 38, the
following article shall be inserted, namely:--
337
“38-A. Licence relating to arms or ammunitions, that is to say, document evidencing the licence or
renewal of licence relating to arms or ammunitions under the provisions of the Arms Act, 1959 (Act No.
54 of 1959),--
(A) Licence relating to following arms:
(i) Revolvers or Pistols Two thousand rupees
(ii) Rifles One thousand five hundred rupees
(iii) DBBL Weapons One thousand rupees
(iv) SBBL Weapons One thousand rupees
(v) ML Weapons Two hundred rupees
(b) Licence relating to arms or ammunitions on
following Forms as set out in Schedule III to the Arms
Rules, 1962:
(i) Form XI Ten thousand rupees
(ii) Form XII Ten thousand rupees
(iii) Form XIII Five thousand rupees
(iv) Form XIV Three thousand rupees
(c) Renewal of licence relating to following arms:
(i) Revolvers or Pistols One thousand rupees
(ii) Rifles Seven hundred fifty rupees
(iii) DBBL Weapons Five hundred rupees
(iv) SBBL Weapons Five hundred rupees
(v) ML Weapons Five hundred rupees
(d) Renewal of licence relating to arms or ammunitions
on following Forms as set out in Schedule III to the
Arms Rules, 1962:
(i) Form XI Three thousand rupees
(ii) Form XII Three thousand rupees
(iii) Form XIII Two thousand rupees
(iv) Form XIV One thousand rupees.
[Vide Uttar Pradesh Act 23 of 1998, s. 2]
Uttar Pradesh
Amendment of Article 48 of Schedule 1-B of Act no. 2 of 1899.—In Article 48 of Schedule 1-B of the
Indian Stamp Act, 1899 as amended in its application to Uttar Pradesh, for clauses (e) and (ee), the
following clauses shall be substituted, namely:—
(e) (i) When irrevocable authority is given to the
attorney to sell the immovable property.
The same duty as a Conveyance [No. 23 clause (a)]
on the market value of the immovable property
which is the subject matter of the power of
attorney.
(ii) When authority to sell the immovable property
is given to the attorney for consideration.
The same duty as a Conveyance [No. 23 clause (a)]
on the market value of the immovable property
which is the subject matter of the power of
attorney.
(ee) (i) When the members of the family [father,
mother, husband, wife, son, daughter-in-law,
daughter, son-in-law, brother, sister, grand
son/grand daughter (son’s son/daughter), grand
son/grand (daughter’s son/daughter)] to be
Rs. 5000/-
338
authorised with proof of relationship.
(ii) When any person other than the members of the
family mentioned in sub-clause (i) is authorised to
sell immovable property by means of Power of
Attorney.
The same duty as a Conveyance [No. 23 clause (a)]
on the market value of the immovable property
which is the subject matter of the power of
attorney.
[Vide Uttar Pradesh Act 14 of 2024, s. 2]
Haryana
Amendment of Schedule I-A of Central Act 2 of 1899,—In the Indian Stamp Act, 1899, in it’s
application to the State of Haryana (hereinafter referred to as the principal Act), in Schedule I-A—
(a) for article 23, the following article shall be substituted, namely:--
Description of instrument Proper Stamp-Duty
“23. Conveyance as defined by section 2
(10) not being a transfer charged or
exempted under no. 62
Where conveyance
amount to sale of
immovable property
Other conveyance
1 2 3
Where the value or amount of the
consideration for such conveyance as set
forth therein does not exceed Rs 50;
Five rupees Two rupees and fifty paise
Where it exceeds Rs 50 but does not
exceed Rs 100;
Ten rupees Five rupees
Where it exceeds Rs 100 but does not
exceed Rs 200;
Twenty rupees Ten rupees
Where it exceeds Rs 200 but does not
exceed Rs 300;
Thirty rupees Fifteen rupees
Where it exceeds Rs 300 but does not
exceed Rs 400;
Forty rupees Twenty rupees
Where it exceeds Rs 400 but does not
exceed Rs 500;
Fifty rupees Twenty-five rupees
Where it exceeds Rs 500 but does not
exceed Rs 600;
Sixty rupees Thirty rupees
Where it exceeds Rs 600 but does not
exceed Rs 700;
Seventy rupees Thirty-five rupees
Where it exceeds Rs 700 but does not
exceed Rs 800;
Eighty rupees Forty rupees
Where it exceeds Rs 800 but does not
exceed Rs 900;
Ninety rupees Forty-five rupees
339
Where it exceeds Rs 900 but does not
exceed Rs 1,000;
One hundred rupees Fifty rupees
and for every Rs 500 or part thereof in
excess of Rs 1, 000
Fifty rupees Twenty-five rupees
(b) in article 40 for item (a), the following item shall be substituted, namely:—
Description of Instrument Proper Stam-duty
“(a) When possession of the property or any part of the property comprised in such deed is given by
the mortgage or agreed to be given—
Where the amount secured by such
instrument does not exceed Rs 50;
Two rupees and fifty paise
Where it exceeds Rs 50 but does not
exceed Rs 100;
Five rupees
Where it exceeds Rs 100 but does not
exceed Rs 200;
Ten rupees
Where it exceeds Rs 200 but does not
exceed Rs 300;
Fifteen rupees
Where it exceeds Rs 300 but does not
exceed Rs 400;
Twenty rupees
Where it exceeds Rs 400 but does not
exceed Rs 500;
Twenty-five rupees
Where it exceeds Rs 500 but does not
exceed Rs 600;
Thirty rupees
Where it exceeds Rs 600 but does not
exceed Rs 700;
Thirty-five rupees
Where it exceeds Rs 700 but does not
exceed Rs 800;
Forty rupees
Where it exceeds Rs 800 but does not
exceed Rs 900;
Forty-five rupees
Where it exceeds Rs 900 but does not
exceed Rs 1,000;
Fifty rupees
and for every Rs 500 or part thereof in
excess of Rs 1, 000
Twenty-five rupees.”
[Vide Haryana Act 16 of 1969, s. 2]
Amendment of Schedule I -A to Central Act 2 of 1899.—In Schedule I -A to the Indian Stamp Act,
1899, under column "Proper Stamp Duty",--
(I) against article 4, for the words "Three rupees", the words "Ten rupees" shall be substituted;
(II) against article 48—
340
(1) against clause (c), for the words "Three rupees", the words "One hundred rupees" shall be
substituted ; and
(ii) against clause (d), for the words "Fifteen rupees", the words "Three hundred rupees" shall be
substituted.
[Vide Haryana Act 21 of 2006, s. 2]
Amendment of Schedule I-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,
1899, for entry 23, the following entry shall be substituted, namely :—
Description of Instrument Proper Stamp Duty
"23. Conveyance as defined in section 2(10) not
being a transfer charged or exempted under entry
No. 62
Where conveyance
amounts to sale of
immovable property
Other conveyance
(a) (b)
1 2 3
where the value or amount of the consideration
for such conveyance as set forth therein does
not exceed fifty rupees
two rupees and fifty
paise
one rupee and
fifty paise
where it exceeds fifty rupees but does not
exceed one hundred rupees
five rupees three rupees
where it exceeds one hundred rupees but does not
exceed two hundred rupees
ten rupees six rupees
where it exceeds two rupees rupees but does
not exceed three hundred rupees
fifteen rupees hundred nine
where it exceeds three hundred rupees but
does not exceed four hundred rupees
twenty rupees twelve rupees
where it exceeds four hundred rupees but does
not exceed five hundred rupees
twenty-five rupees fifteen rupees
where it exceeds five hundred rupees but does
not exceed six hundred rupees
thirty rupees eighteen rupees
where it exceeds six hundred but does not
exceed rupees seven hundred rupees
thirty-five rupees
twenty-one
rupees
where it exceeds seven hundred but does not
exceed rupees eight hundred rupees
forty rupees
twenty-four
rupees
where it exceeds eight hundred but does not
exceed rupees nine hundred rupees
forty-five rupees
twenty-seven
rupees
where it exceeds nine hundred but does not
exceed one thousand rupees
fifty rupees
thirty rupees
rupees
and for every five hundred rupees or part
thereof in excess of one thousand rupees
twenty-five rupees fifteen rupees".
[Vide Haryana Act 32 of 2008, s. 2]
Amendment of Article 5 of Schedule IA to Central Act 4 of 1899.—In Schedule IA to the Indian Stamp
Act, 1899 (hereinafter called the principal Act), in Article 5, after clause (c), the following clause shall be
added, namely :—
(1) (2)
"(d) If relating to giving authority or power
to a promoter or a developer, by whatever
The same duty as is leviable on a conveyance
against article No. 23 on the market value of the
341
name called, for construction on,
development of or, sale transfer (in any
manner whatsoever) of. any immovable
property.
property mentioned in agreement.",
Amendment to Schedule IA 10 Central Act 2 of 1899.—In Schedule I -A to the principal Act, under
column “Proper Stamp Duty".—
(i) against article 19, for the existing entry, the following entry shall he substituted, namely: --
"One rupee for every one thousand or a part thereof, of the value of the shares, scrip or
stock.";
(ii) against article 27—
(a) in clause- (a), for the existing entry, the fo11owing entry shall be substituted, namely: -
"0.05';ir per year of the face value of the debenture. Subject to the maximum of 0.25%.";
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
"0.05% per year of the face value of the debenture, subject to the maximum of 0.25%.";
(iii) against article 48—
(a) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
in clause (c), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
(d) in clause (d), for the existing entry, the following entry shall be substituted, namely: —
"Five hundred rupees.";
CO in clause (e), for the existing entry, the following entry shall be substituted, namely: —
"One thousand rupees."; and
(f) in clause (g), for the existing entry, the following entry shall be substituted, namely:.—
"One hundred rupees for each person authorized.
[Vide Haryana Act 17 of 2013, s. 3]
Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,
1899, for the -existing article 55, the following article shall be substituted, namely :—
(1) (2)
“55. Release, that is to say any instrument (not
being such a release as is provided for by section
23-A) whereby any person renounces his interest,
share, part or claim :—
(a) if the release is made of ancestral property in
favour of brother or sister (children of renouncer's
parents) OP son or daughter or father or mother or
Fifteen rupees.
342
spouse or grand children or nephew or niece or co-
parcener of the renouncer ;
(b) in any other ease
The same duty as a Conveyance Po. 23(a) relating,
to sale of immovable property] for the - amount
equal to the market value of the share, interest, part
of claim renounced.".
[Vide Haryana Act 10 of 2000, s. 2]
Amendment of Schedule 1-A to central Act 2 of 1899.—In schedule 1-A to the Indian Stamp Act,
1899,--
(a) for entry 23, the following entry shall be substituted, namely :--
Description of instrument Proper Stamp Duty
“23. Conveyance as defined in section
2 (10) not being a transfer charged or
exempted under entry No.62.”
Where conveyance amounts
to sale of immovable property
Other conveyance
(a) (b)
1 2 3
where the value or amount
of the consideration for
such conveyance as set
forth therein does not
exceed fifty rupees
three rupees one rupees fifty paise
where it exceeds fifty rupees but does
not exceed one hundred rupees
Six rupees three rupees
Where it exceeds one hundred rupees
but does not exceed two hundred
rupees
Twelve rupees Six rupees
Where it exceeds two hundred rupees,
but does not exceed three hundred
rupees
Eighteen rupees Nine rupees
Where it exceeds three hundred rupees
but does not exceed five hundred
rupees
Thirty rupees Fifteen rupees
Where it exceeds five hundred rupees
but does not exceed six hundred rupees
Thirty six rupees Eighteen rupees
Where it exceeds six hundred rupees
but does not exceed seven hundred
rupees
Forty-eight rupees Twenty-one rupees
Where it exceeds seven hundred rupees
but does not exceed eight hundred
rupees
Forty-eight rupees Twenty-four rupees
Where it exceeds eight hundred rupees
but does not exceed nine hundred
rupees
Sixty rupees Thirty rupees
Where it exceeds nice hundred rupees
but does not exceed one thousand
rupees
Sixty rupees Thirty rupees
and for every five hundred rupees or
party thereof in excess of one thousand
rupees
Thirty rupees Fifteen rupees
343
[Vide Haryana Act 1 of 2004, s. 2]
Amendment of Schedule I-A to Central Act 2 of 1899.— In Schedule I-A to the Indian Stamp Act,
1899,—
(a) for entry 23, the following entry shall be substituted, namely:--
Description of instrument Proper stamp duty
"23. Conveyance as defined by
section 2(10) not being a
transfer charged or exempted
under No. 62.
Where conveyance
amounts to sale of
immovable property
Other conveyances
(a) (b)
1 2 3
where the value or amount of the
consideration for such conveyance as
set forth therein does not exceed fifty
rupees
six rupees and twenty-five paise three rupees
where it exceeds fifty rupees but
does not exceed one hundred rupees
twelve rupees and fifty paise six rupees and twenty-five
paise
where it exceeds one hundred rupees
but does not exceed two hundred
rupees
twenty-five rupees twelve rupees and fifty
paise
where it exceeds two hundred rupees
but does not exceed three hundred
rupees
thirty-seven rupees and fifty
paise
eighteen rupees and
seventy-five paise
where it exceeds three hundred
rupees but does not exceed four
hundred rupees
fifty rupees twenty-five rupees
where it exceeds four hundred rupees
but does not exceed five hundred
rupees
sixty-two rupees and fifty paise thirty-one rupees and
twenty-five paise
where it exceeds five hundred rupees
but does not exceed six hundred
rupees
seventy-five rupees thirty-seven rupees and
fifty paise
where it exceeds six hundred rupees
but does not exceed ,even hundred
rupees
eighty-seven rupees and fifty
paise
forty-three rupees and
seventy-five paise
where it exceeds seven hundred
rupees but does not exceed eight
hundred rupees
one hundred rupees fifty rupees
where it exceeds eight hundred
rupees but does not exceed nine
hundred rupees
one hundred twelve rupees and
fifty
fifty-six rupees and
twenty-five paise
where it exceeds nine hundred,
rupees but does not exceed one
thousand rupees
one hundred and twenty-five
rupees
sixty-two rupees and fifty
paise
And or every five hundred rupees or
part thereof in excess of one
thousand rupees
sixty-two rupees and fifty paise thirty-one rupees and
twenty-five paise
344
(b) in entry 40, for item (a), the following item shall be substituted, namely :—
Description of Instrument Proper Stamp Duty
(a) When possession of the property or any
part of the property comprised in such
deeds (liven by the mortgagor or agreed to
be given—
where the amount secured by such
instrument does not exceed fifty rupees
Three rupees
where it exceeds fifty- rupees but does not
exceed one hundred rupees
six rupees and twenty five paise
where it exceeds one hundred rupees but
does not exceed two hundred rupees
twelve rupees and fifty raise
where it exceeds two hundred rupees but
does not exceed three hundred rupees
eighteen rupees and seventy-five paise
where it exceeds three hundred rupees but
does not exceed four hundred rupees
twenty-five rupees
where it exceeds four hundred rupees but
does not exceed five hundred rupees
thirty-one rupees and twenty-five paise
where it exceeds five hundred rupees but
does not exceed six hundred rupees
thirty-seven rupees and fifty paise
where it exceeds six hundred I means but
does not exceed seven hundred rupees
forty-three rupees and seventy-five paise
where it exceeds seven hundred rupees but
does not exceed eight hundred rupees
fifty rupees
where it exceeds eight hundred rupees but
does not exceed nine hundred rupees
fifty-six rupees and twenty-five paise
where it exceeds nine hundred rupees but
does not exceed one thousand rupees
sixty-two rupees and fifty paise
and for every five hundred rupees or part
thereof in excess of one thousand rupees
thirty-one rupees and twenty-five raise".
[Vide Haryana Act 17 of 1979, s. 2]
Amendment of Schedule 1-A to Central Act 2 of 1899.— In Schedule 1-A to the Indian Stamp
Act, 1899, under column “Proper Stamp Duty”,-
(a) against article 5,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One rupee for every 10,000/- or part thereof.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“Subject to a maximum of 1000/-, one rupee for every 10,000/- or part thereof of the
value of the security or share.”;
(b) against article 28, for the existing entry, the following entry shall be substituted, namely:-
“One rupee.”;
(c) against article 36, for the existing entry, the following entry shall be substituted, namely:-
“One rupee.”;
345
(d) against article 43,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One rupee.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One rupee for every 10,000/- or a part thereof, of the value of the security at the time of
its purchase or sale, as the case may be.”.
[Vide Haryana Act 24 of 2017, s. 2]
Amendment of Schedule 1-A to Central Act 2 of 1899.— In Schedule 1-A to the Indian Stamp Act,
1899, under column “Proper Stamp-Duty”,—
(a) against article 1, for the existing entry, the following entry shall be substituted, namely:—
“Ten rupees.”;
(b) against article 2, —
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
“One hundred rupees.”;
(c) against article 3, for the existing entry, the following entry shall be substituted, namely:—
“One thousand rupees.”;
(d) against article 5, in clause (c), for the existing entry, the following entry shall be substituted,
namely:--
“Two thousand rupees.”;
(e) against article 7, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(f) against article 8,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(g) against article 10,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One thousand rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“Two thousand rupees.”;
(h) against article 11, for the existing entry, the following entry shall be substituted, namely:-
“Five hundred rupees.”;
(i) against article 12,-
346
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One percent of value of the property to which the award relates.”;
(ii) in clause (b), for the existing entries, the following entries shall be respectively
substituted, namely:-
“One percent of value of the property to which the award relates.”;
(j) against article 17, for the existing entry, the following entry shall be substituted, namely:-
“Five hundred rupees.”;
(k) against article 22, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(l) against article 24,-
(i) in clause (i), for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(ii) in clause (ii), for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(m) against article 25,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(n) against article 26,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(o) against article 29, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(p) against article 34, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(q) against article 39,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“Five hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One thousand rupees.”;
(r) against article 42, for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
347
(s) against article 46,-
(i) in clause A,-
(a) in sub-clause (a), for the existing entry, the following entry shall be substituted,
namely:-
“One thousand rupees.”;
(b) in sub-clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One thousand rupees.”;
(ii) in clause B, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(t) against article 48, in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One thousand rupees.”;
(u) against article 50, for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(v) against article 57,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(w) against article 60, for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”;
(x) against article 61,-
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(y) against article 64,-
(i) in clause A, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(ii) in clause B, for the existing entry, the following entry shall be substituted, namely:-
“One hundred rupees.”;
(z) against article 65, for the existing entry, the following entry shall be substituted, namely:-
“Ten rupees.”.
[Vide Haryana Act 26 of 2018, s. 2]
Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,
1899, under column “Proper Stamp”, against article 27, —
348
(a) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
“0.05% per year of the face value of the debenture, subject to the maximum of 0.25% or rupees
twenty five lakhs whichever is lower.”.
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
“0.05% per year of the face value of the debenture, subject to the maximum of 0.05% or rupees
twenty five lakhs whichever is lower.”.
[Vide Haryana Act 3 of 2015, s. 2]
Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,
1899, —
(i) In article 5, against clause (d), under column 2, for the existing entry, the following entry shall
be substituted, namely:-
“Two per cent of the market value of the property or the amount of such consideration as set
forth in the collaboration Agreement, whichever is higher.”;
(ii) after article 23 and entries thereagainst, the following article and entries thereagainst shall be
added, namely:—
“23A. Conveyance, so far as it relates
to reconstruction or amalgamation or
merger/de-merger of companies by an
order of the High Court under section 394
of the Companies Act, 1956 (Central Act
1 of 1956) or reconstruction or
amalgamation or merger/de-merger of
companies under sections 232 and 233 of
the Companies Act, 2013 (Central Act 18
of 2012) by the Tribunal.
1.5 per cent subject to an maximum of ₹ 7.5
crore on an amount of the market value of
the property or the amount of such
consideration as set forth in the instrument or
order, whichever is higher.”;
Nil
(iii) against article 43, after clause (b) and entries the following clauses and entries thereagainst
shall be added, namely:--
“(c) in case of delivery One rupee for every ten thousand rupees or a part
thereof, subject to a maximum of five hundred
rupees.
(d) in case of non delivery and relating to
futures and options trading.
Twenty paise for every ten thousand rupees or a
part thereof, subject to a maximum of two hundred
rupees.
(e) if relating to forward contracts of
commodities traded through an
association or otherwise.
One rupee for every one lakh rupees or a part
thereof, subject to a maximum of five hundred
rupees.”.
[Vide Haryana Act 29 of 2017, s. 2]
349
Tripura
Amendment of Schedule:--For items Nos. 3, 4, 5(e), 6(2)(a), 6(2)(b), 15, 17, 23, 24, 25, 29, 40(c), 46
A (b), B. 48(a) (c) (d) (e) (g); 54(b), 55 (b) and 57(b) of Schedules-l of the Act, the following shall be
substituted namely:--
Description of Instrument
Proper Stamp Duty
“3. ADOPTION-DEED, that is to say, any
instrument (other than a will) recording
an adoption or conferring or purporting
to confer an authority to adopt.
One Thousand Rupees.
4. AFFIDAVIT, including an affirmation or
declaration in the case of persons by law
allowed to affirm or declare instead of
swearing.
Fifty Rupees.
EXEMPTIONS
(a) Affidavit or declaration in writing when
made as a condition of enlistment under
the Army Act 1950, Act, XLVI of 1950.
or
(c) for the sole purpose of enabling any receive
any pension or charitable allowance.
5. AGREEMENT OR MEMORANDUM
OF AN AGREEMENT :-
(e) if not otherwise provided for
Two Hundred Rupees
6. AGREEMENT RELATING TO
DEPOSIT OR TITLE DEEDS PAWN
OR PLEDGE that is to say any instrument
evidencing an agreement relating to :-
(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 :-
350
If the amount of loan does not exceed
Rs.2000/- ;
One Hundred Rupees
If it exceeds Rs. 2000/- and does not
exceed Rs. 4000/- ;
Two Hundred Rupees
and for every Rs.4000/- or part thereof in
excess of Rs. 4000/- ;
Two Hundred Rupees
(b) If such loan or debt is repayable not more
than three months from the date of such
instrument.
Half the duty payable under sub clause (a)
subject to minimum of One hundred 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. 400/- ;
Twenty Rupees
Where it exceeds Rs. 400/- . and does
not exceed Rs. 600/- ;
Thirty Rupees
Where it exceeds Rs. 600/- and does not
exceed Rs. 800/- ;
Forty Rupees
Where it exceeds Rs, 800/- and does not
exceed Rs.1000/- ;
Fifty Rupees.
and for every Rs. 500/- or part thereof in
excess of Rs.1000/- ;
Twenty Five Rupees.
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, (Act III of 1876), section 99, for
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.
351
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).
Six Hundred Rupees
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 consi -
deration for such conveyance as set forth
therein does not exceed Rs. 200/- ;
Ten Rupees
Where it exceeds Rs. 200/- but does not
exceed Rs. 300/- ;
Fifteen Rupees
Where it exceeds Rs. 300/- but does not
exceed Rs. 400/- ;
Twenty Rupees.
Where it exceeds Rs. 400/-but does not
exceed Rs. 500/- ;
Twenty Five Rupees
Where it exceeds Rs. 500/- but does not
exceed Rs. 600/- ;
Thirty Rupees
Where it exceeds Rs. 600/- but does not
exceed Rs. 700/- ;
Thirty Five Rupees
Where it exceeds Rs, 700/- but does not
exceed Rs. 800/- ;
Forty Rupees
Where it exceeds Rs. 800/- but does not
exceed Rs. 900/- :
Forty Five Rupees
Where it exceeds Rs.900/- but does not
exceed Rs. 1000/- ;
Fifty Rupees
and for every Rs. 500/- or part thereof
in excess of Rs. 1000/-
Twenty Five Rupees
24. COPY OR EXTRACT
Certified to be a true copy or extract by or
by order or 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 ;
One Hundred Rupees
352
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
Five Rupees.
One Hundred Rupees
(b) in any other case not falling within the
provisions of Section 6 A .
Two Hundred Rupees
EXEMPTION
Counterpart of any lease' granted to a
cultivator when such lease is exempted
from duty.
29. DIVORCE - Instrument of, that is to
say, any instrument by which any person
effects the dissolution of his marriage.
DOWER - Instrument of - See
settlement
(No. 58).
DUPLICATE - See Counterpart (No.
25).
Four Hundred Rupees.
40. MORTGAGE – DEED, not being an
agreement relating to Deposit of Title
deeds, pawn or pledge (No. 6),Bottomry
Bond (No. 16) Mortgage of a Crop (No.
41), Respondentia Bond (No. 56) or
Security Bond (No. 57).
(ii) in any other case not falling within the
provisions of Section 6 A :
Two Hundred Rupees
EXEMPTIONS
(a) Copy of any paper which a public officer
is expressly required by law to make or
furnish for record in any public officer
for any public purpose.
(b) Copy of, or extract from any register
relating to births, baptisms, naming,
dedications, marriages, divorces, deaths or
burials.
353
(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. 1000/- ;
One Hundred Rupees
and for every Rs. 1000/- or part there of
secured in excess of Rs. 1000/- ;
One Hundred Rupees
46. PARTNERSHIP -
(A) - Instrument of
(b) - in any other case Two Thousand Rupees
(B) - Dissolution of
One Thousand Rupees
48. POWER OF ATTORNEY -
[as defined by section 2(21)] - not being a
proxy.
(a) When executed for the sale purpose of
procuring the registration of one or more
documents in relation to a single
transaction or for admitting execution of
one or more such documents ;
One Hundred Rupees
(c) When authorizing one person or more
to act in a single transaction other than
the case mentioned in Clause (a) ;
Three Hundred Rupees
(d) When authorizing not more than five
person to act jointly and severally in
more
than one transaction or generally ;
One Thousand Rupees
When authorizing more than five but not
more than ten persons to act jointly and
severally in more than one transaction or
generally;
Two Thousand Rupees
(g) in any other case Three Hundred Rupees for each person authorized
54. RECONVEYANCE OF
MORTGAGED
PROPERTY-
One Thousand Rupees
354
(b) in any other case
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 any specified property -
(b) In any other case. Six Hundred Rupees
57. SECURITY BOND OR
MORTGAGED
- DEED, executed by way of security for
the due execution of an office or to
account
for money or other property received by
virtue thereof, or executed by a surety to
secure the due performance of a contract
–
(b) In any other case. Five Hundred Rupees”
[Vide Tripura Act 18 of 2020, s. 2]
Amendment of the Schedule:--For item No. 23- of Schedule-I of the Principal Act, as inserted by the
following shall be substituted, namely:-
[Vide Tripura Act 5 of 2023, s. 3]
Description of instruments Proper stamp duty
23. CONVEYANCE [as defined by section
2(10)] not being a Transfer charged or exempted
under No. 62-
(1) In case of transfer to a female or group of
female persons.
(1) 4% of the amount of value of the consideration
for such conveyance.
(2) In all other cases.
Exemption
Assignment of Copy Right under the Copy Right
Act, 1957 (Act XIV of 1957)
(2) 5% of the amount of value of the consideration
for such conveyance.
Co-Partnership Deed-
see partnership (No. 46)
355
Amendment of clause 9:—Indian Stamp (Uttarakhand Amendment) Bill, 2011 (as passed by the
Uttarakhand Legislative Assembly on dated 16 March, 2011) clause 9 shall be substituted as follows;
namely :—
“Voting or attempting to vote under any proxy not duly stamped shall for every offence, be punishable
with fine which may extend to ₹ five thousand.”
[Vide Uttarakhand Act 20 of 2013, s. 2]
356
SCHEDULE II.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914),
s. 3 and the Second Schedule.
About this act
- Jurisdiction
- Central
- Enactment date
- 1899-01-27
- Sections available
- 97
Commencement information from the source
1899-07-01
Read the sections
1Short title, extent and commencement.→2Definitions.→3Instruments chargeable with duty.→3A[Repealed.].→4Several instruments used in single transaction of sale, mortgage or settlement.→5Instruments relating to several distinct matters.→6Instruments coming within several descriptions in Schedule I.→7Policies of sea-insurance.→8Bonds, debentures or other securities issued on loans under Act XI of 1879.→8ASecurities dealt in depository not liable to stamp-duty.→8BCorporatisation and demutualisation schemes and related instruments not liable to duty.→8CNegotiable warehouse receipts not liable to stamp duty.→8DAgreement or document for assignment of receivables not liable to stamp duty.→8EConversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty.→8FAgreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty.→8GStrategic sale, disinvestment, etc., of immovable property by Government company not liable to stamp duty.→9Power to reduce, remit or compound duties.→9AInstruments chargeable with duty for transactions in stock exchanges and depositories.→9BInstruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.→10Duties how to be paid.→11Use of adhesive stamps.→12Cancellation of adhesive stamps.→13Instruments stamped with impressed stamps how to be written.→14Only one instrument to be on same stamps.→15Instrument written contrary to section 13 or 14 deemed unstamped.→16Denoting duty.→17Instrument executed in India.→18Instruments other than bills and notes executed out of India.→19Bills and notes drawn out of India.→20Conversion of amount expressed in foreign currencies.→21Stock and marketable securities how to be valued.→22Effect of statement of rate of exchange or average price.→23Instruments reserving interest.→23ACertain instruments connected with mortgages of marketable securities to be chargeable as agreements.→24How transfer in consideration of debt, or subject to future payment, etc., to be charged.→25Valuation in case of annuity, etc.→26Stamp where value of subject-matter is indeterminate.→27Facts affecting duty to be set forth in instrument.→28Direction as to duty in case of certain conveyances.→29Duties by whom payable.→30Obligation to give receipt in certain cases.→31Adjudication as to proper stamp.→32Certificate by Collector.→33Examination and impounding of instruments.→34Special provision as to unstamped receipts.→35Instruments not duly stamped inadmissible in evidence, etc.→36Admission of instrument where not to be questioned.→37Admission of improperly stamped instruments.→38Instruments impounded how dealt with.→39Collector's power to refund penalty paid under section 38, sub-section (1).→40Collector's power to stamp instruments impounded.→41Instruments unduly stamped by accident.→42Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.→43Prosecution for offence against Stamp-law.→44Persons paying duty or penalty may recover same in certain cases.→45Power to Revenue-authority to refund penalty or excess duty in certain cases.→46Non-liability for loss of instruments sent under section 38.→47Power of payer to stamp bills, and promissory notes received by him unstamped.→48Recovery of duties and penalties.→49Allowance for spoiled stamps.→50Application for relief under section 49 when to be made.→51Allowance in case of printed forms no longer required by Corporations.→52Allowance for misused stamps.→53Allowance for spoiled or misused stamps how to be made.→54Allowance for stamps not required for use.→54AAllowances for stamps in denominations of annas.→54BAllowances for Refugee Relief stamps.→55Allowance on renewal of certain debentures.→56Control of, and statement of case to, Chief Controlling Revenue-authority.→57Statement of case by Chief Controlling Revenue-authority to High Court.→58Power of High Court to call for further particulars as to case stated.→59Procedure in disposing of case stated.→60Statement of case by other Courts to High Court.→61Revision of certain decisions of Courts regarding the sufficiency of stamps.→62APenalty for failure to comply with provisions of section 9A.→62Penalty for executing, etc., instrument not duly stamped.→63Penalty for failure to cancel adhesive stamp.→64Penalty for omission to comply with provisions of section 27.→65Penalty for refusal to give receipt, and for devices to evade duty on receipts.→66Penalty for not making out policy or making one not duly stamped.→67Penalty for not drawing full number of bills or marine policies purporting to be in sets.→68Penalty for post-dating bills, and for other devices to defraud the revenue.→69Penalty for breach of rule relating to sale of stamps and for unauthorised sale.→70Institution and conduct of prosecutions.→71Jurisdiction of Magistrates.→72Place of trial.→73Books, etc., to be open to inspection.→73APower of Central Government to make rules.→73BPower to issue directions and to authorise certain authorities to issue instructions, etc.→74Powers to make rules relating to sale of stamps.→75Powers to make rules generally to carry out Act.→76Publication of rules.→76ADelegation of certain powers.→77Saving as to court-fees.→77ASaving as to certain stamps.→78Act to be translated, and sold cheaply.→79[Repealed.].→
Schedules
India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.