Back >> Home Page >> Act Contents >> Rules >> Amendments >> Location Map >>

THE KERALA STAMP (AMENDMENT) ACT, 1967*

(Act 17  of 1967)

An Act further to amend the Kerala Stamp Act, 1959.

Preamble.—Whereas it is expedient further to amend  the Kerala Stamp Act, 1959, for the purposes hereinafter appearing;
Be it enacted in the Eighteenth Year of the Republic of India as follows:—

1.Short title and commencement.—(1)This Act may be called the Kerala Stamp (Amendment) Act, 1967,

(2)   It shall come into force  on such date  as the Government may, by notification in the Gazette, appoint.

2.Amendment of references to naye paise.—In the Kerala Stamp Act,1959 (17 of 1959) (hereinafter referred to as the principal Act), for the words   "naye paise",   wherever they occur,   the word "paise" shall be substituted.

3.Amendment of section 6.—In the proviso to section 6 of the prin­cipal Act,  for the words  "two rupees",  the words,  "four rupees fifty paise" shall be substituted.

4.Substitution of new section for section 16,—For section 16   of the principal Act, the following action shall be substituted, namely: —

"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 be denoted upon such first-mentioned instrument by—

(i) the Collector if application is made in writing for the pur­pose and on production of both the instruments; or

(ii) by  the  Registering Officer  on  production  of both the instruments, by endorsement under the hand of the Collector or the Registering Officer, as the case may be, or in such other manner as the Government may by rules prescribe.".

5.Amendment of section 30.—In clause (a) of section 30 of the prin­cipal Act, for the letters, figures, brackets and words "No. 24 (Customs Bond)", the letters, figures, brackets and words "No. 24 (Customs Bond or Central Excise Bond)" shall be substituted.

6.Insertion  of new section 45A.—After section 45 of the principal
Act, the following section shall be inserted, namely:—

"45A. Instruments undervalued how to be dealt with.—(1)If the Registering Officer, 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 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, 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 the payment of such duty,  the Collector shall endorse a certificate of such payment on the instrument  under his seal and signature.

    (3)The Collector may, suo motu, within six months from the date of registration of any instrument not already referred to him under sub-section (I),   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 or consideration has not been truly set forth in the instrument,  he may determine the value or consideration and the duty 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 and, on the payment of such duty, the Collector shall endorse a certificate of such payment on the instrument under his seal and signature.

  1. Any person aggrieved by an order of the Collector under
    sub-section (2)   or  sub-section (3)   may   appeal  to   the District Court
    within whose jurisdiction the property transferred is situate.
  2. An appeal   under   sub-section (4)   shall be  filed   within
    thirty days of the date of the order sought to be appealed against.
  3. The District Court  shall hear  and dispose of  the appeal
    in such manner as may be prescribed by rules made under this Act.".

7.Amendment   of the Schedule.—In   the Schedule   to   the principal Act,—
(i) for entries 1 to 9,   the following entries  shall be substituted, namely:—

Sl.No.

Description of instrument

Proper stamp duty

1
ACKNOWLEDGMENT 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 acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property
Twenty paise
2

ADMINISTRATION BOND including a bond given under section 291   or section 375 of the Indian Succession Act, 1925  (Central Act 39 of 1925)   or section 6 of the Government Savings Banks Act, 1873 (Central Act 5 of 1873)—

(a)   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

(a) as a condition of enlistment under the Army Act, 1950 (Central Act 46 of 1950);

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 exceed; Rs. 800 and does not exceed Rs. 900
where it exceeds Rs. 900 and does not exceed Rs. 1,000
(b)    In any other case

Thirty paise.

Seventy-five paise.

One rupee fifty paise.

Three rupees.

Four rupees fifty paise.

Six rupees.

Seven rupees fifty paise.

Ten rupees ten paise.

Eleven rupees eighty-five paise.

Thirteen rupees fifty paise.

Fifteen rupees twenty-five paise.

Sixteen rupees eighty-five paise.

Twenty-two rupees fifty paise.

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-three rupees eighty paise.

4

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

Exemptions

Affidavit or declaration in writing when made—
(a) as a condition of enlistment under the Army Act, 1950 (Central Act 46 of 1950;

 (c) for the immediate purpose of being filed or used in any Court or before the officer of any Court; or
(e) for the sole purpose of enabling any person to receive any pension or charitable allow­ance.

Four rupees fifty paise.

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 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. 39; (b)  made in   the Form of tenders   to the Central Government,   or   to   the   Government  of Kerala for, or relating to any loan.

 

Sixty paise.
Subject to a maximum of forty-five rupees, thirty
paise for every Rs. 10,000 or part thereof of the
value of the security or share. Two rupees thirty paise.

6

AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing any agree­ment relating to—
(1) the deposit of title deeds or instruments cons­tituting or being evidence of the title to any property whatever (other than 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 the 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

(i) if the  amount secured   does not exceed   Rs. 200 (ii) if it exceeds Rs. 200 but does not exceed Rs. 400

Do.

400

do.

600

Do.

600

do.

800

Do.

800

do.

1,000

Do.

1,000

do.

1,200

Do.

1,200

do.

1,600

Do.

1,600

do.

2,500

Do.

2,500

do.

5,000

Do.

5,000

do.

7,500

Do.

7,500

do.

10,000

Do.

10,000

do.

15,000

Do.

15,000

do.

20,000

Do.

20,000

do.

25,000

Do.

25,000

do.

30,000

Exemption

:Instrument of pawn or pledge of goods if unattested

 

If drawn singly

If drawn in set of two, for each part of the set

If drawn in set of three, for each part of the set

 

(1)

 (2)

  (3)

 

Rs.

Rs.

Rs.

 

0.90

0.60

0.30

 

1.70

0.90

0.60

 

2.60

1.40

0.90

 

3.40

1.70

1.10

 

4.30

2.30

1.40

 

5.10

2.60

1.70

 

6.80

3.40

2.30

 

10.20

5.10

3.45

 

20.30

10.10

6.80

 

30.45

15.20

10.20

 

40.50

20.30

13.50

 

60.80

30.40

20.30

 

and for  every   additional Rs. 10,000   or   part thereof in excess of Rs. 30,000 (b) if such loan or debt is repayable not more than 3 months from the date of such instrument

81.00

40.50

27.00

 

101.30

50.60

33.80

 

121.50

60.80

40.50

 

40.50

20.30

13.50

 

Half the duty  payable  under clause (a) (i) or (ii) above.


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

Fifty-six rupees thirty paise.

8

APPRAISEMENT   OR   VALUATION     made
otherwise than under an order of a Court in the course of a suit—
(a)  where the amount does not exceed Rs. 1,000
(b) in any other case

Exemptions
(a) Appraisement or valuation made for the infor­mation of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
(b)  Appraisement of crops for the purpose of ascertaining the amount to be given to  a land­lord as rent.

 

The same duty  as a Bottomry Bond (No. 14)  for such amount.
Twenty-two rupees fifty paise.

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)

ii)  for entries 12, 13 and 14, the following entries

shall be substituted, namely :—

Eleven rupees thirty paise."

12

"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 the order of the court in the course of a suit—
(a) where the amount of value of the  property   to which the award relates as set forth  in  such award does not exceed Rs. 1000
(b)if it exceeds Rs.  1000   but   does   not exceed Rs. 5000
and for every additional   Rs.   1000   or   part thereof in excess of Rs. 5000

The same duty as a Bottomry Bond    (No. 14)   for such amount.
Thirty rupees.
One rupee fifty paise subject   to   a   maximum of one hundred and fifty rupees.

13

BOND as defined by section 2 (a)not being a debenture and not being otherwise provided for by this Act or by the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960) or other enactment for the time being in force-
where the amount or   value   secured   does  not
exceed Rs. 10
where the amount 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. 1,000
and for every Rs. 500 or part thereof in  excess of Rs. 1,000

Forty paise.

Eighty paise.

One rupee fifty paise.

Three rupees eighty paise.

Four rupees sixty paise.

Seven rupees fifty paise.

Nine rupees forty paise.

Thirteen rupees fifty  paise.

Fifteen rupees eighty paise

Eighteen rupees.

 

 Twenty rupees thirty paise.

Twenty-two rupees fifty paise.

Eleven rupees thirty paise.

 

Exemptions
(a) Bail bonds and recognizances executed in criminal cases.
(b) Bond, when executed 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.

 
14

BOTTOMRY BOND, that is to say, any instru­ment whereby the master of a seagoing ship borrows money on the security of the ship to enable him to 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. 1,000
and for every Rs. 500 or part thereof in  excess of Rs. 1,000
               (iii) for entry   16,  the following   entry   shall  be substituted, namely :—

Sixty paise.

One rupee ten paise.

 

Two rupees thirty paise.

Four rupees fifty paise.

Seven rupees fifty paise.

Nine rupees.

Eleven rupees thirty  paise.

Thirteen rupees fifty paise.
Fifteen rupees eighty paise.
Eighteen rupees.
Twenty rupees thirty paise.

Twenty-two rupees fifty  paise.

Eleven rupees thirty paise. "

16

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 by the Government, Collector or other Revenue Officer—
(a)  where   the   purchase   money does not exceed
Rs. 10
(b)  where the purchase money exceeds Rs. 10 but
does not exceed Rs. 25 (c) in any other case
(iv) for entry  18,   the following entry   shall  be substituted, namely :—

Sixty paise.

One rupee ten paise.
The same duty as a Conveyance  (No. 21 or 21A as the case may be) for a consideration equal to the amount of the purchase money only-; 

18

CHARTER 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 purpose of the charterer whether it includes a penalty clause or not.

 

(v) for entry 20, the following entry shall be sub­stituted, namely :—

Four rupees fifty paise.
20

COMPOSITION DEED, that is to say, any instrument executed by the 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 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
(vi) for entries 22, 23, 24 and 25, the following entries shall be substituted, namely :—

Thirty-three rupees eighty paise.
22

COPY OR EXTRACT certified to be a true ccpy 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 the duty with which it was chargeable does not exceed rupee one
(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. 

Two rupees thirty paise.

Four rupees fifty paise.

23

   COUNTERPART OR  DUPLICATE   of  any
instrument chargeable with duty and   in res­pect   of   which   the   proper   duty has been paid—

  1.  it the duty with which the original instrument was chargeable does not exceed Rs. 450
  2.  in any other case

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

The same duty as is payable on the original.

Four rupees fifty paise.

24

CUSTOMS BOND OR CENTRAL   EXCISE
BOND—
(a)  where the amount does not exceed Rs. 1,000
(b)  in any other case

The same duty as a Bottomry Bond  (No. 14)  for
such amount.
Thirty rupees.

25

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, where such goods exceed in value twenty rupees.

(vi) for entries 27, 28, 29 and 30, the following entries shall be substituted, namely :—

Twenty paise.

27

.   ENTRY AS AN ADVOCATE on the roll of the High Court—

  1. in the case of an Advocate
  2. in the case of an Attorney

Exemptions
(a) Entry as an Advocate on the roll of the High Court, when he has been previously enrol­led as a Vakil in the same High Court or as an Advocate or Vakil in any other High Court.
(b) Entry as an Attorney on the roll of any High Court when he has been previously enrolled as an Advocate or Vakil in the same High Court or as an Advocate, Vakil or Attorney in any other High Court.

Five hundred rupees.

Three hundred and twelve rupees.
28

EXCHANGE     OF      PROPERTY—INSTRU-
MENT OF

The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the value of the property of greater value as set forth in such instrument.

29

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 36 (that is, with possession)

b) when such mortgage is one of the description referred to in clause (b)of article 36 (that is, without possession)—
(i) if at the time of execution of the instru­ment of further charge possession of property is given or agreed to be given under such instrument
(ii) if possession is not so given

The same duty as a Conveyance (No. 21 or 2lA, as the case may be) for a consideration equal to the amount of the further charge secured by such instrument.

The same duty as a Conveyance (No. 21or 21A, as the case may be) 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. 14) for the amount of the further charge secured by such instrument
30

GIFT—Instrument of, not being a settlement or Will or transfer
(viii) for entry 32, the following entry shall be substituted, namely :—

The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the value of the property as set forth in the instrument. ";

32

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—
(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 5 years

(iii)  where the lease purports to be for a term exceeding 5 years but not exceeding 10 years
(iv) where the lease purports to be for a term exceeding 10 years but not exceeding 20 years
(v) where the lease purports to be for a term exceeding 20 years but not exceeding 30 years
(vi) where the lease purports to be for a term exceeding 30 years but not exceeding 100 years
(vii) where the lease purports to be for a term exceeding 100 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
(e) where the lease is granted for a fine or pre­mium or for money advanced in addition to rent reserved

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.

Explanation.—When a lessee undertakes to pay any recurring charge, such as Government revenues, 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.

(b) Leases of fisheries   granted   by   the   Govern­ment.";
(ix) for entries 34, 35,36 and 37, the following entries shall be substituted, namely :—

The same duty as a Bottomry Bond (No. 14) for the whole amount payable or deliverable under such lease.
The same duty as a Bottomry Bond (No, 14) for the amount or value of the average annual rent reserved.

The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the amount or value of the average annual rent reserved.
The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to twice the amount or value of the average annual rent reserved.
The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to three times the amount or value of the average rent reserved.
The same duty as a Conveyance No. 21 or 21A, as the case may be) for a consideration equal to four times the amount or value of the average annual rent reserved.
The same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal 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.
The same duty as a Conveyance (No. 21 or 21A, as the case may be) 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. 21 or 21A, as the case may be) 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. 21 or 21A, as the case may be) 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 where an agreement to lease is stamped with 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 ninety-five paise.

34

LETTER OF LICENCE, that is to say, any agreement between a debtor and his creditors that the latter shall for a specified term suspend their claims and allow the debtor to carry  on  business at his own discretion

Thirty-three rupees eighty paise
35

MEMORANDUM  OF   ASSOCIATION OF A
COMPANY—
(a) if accompanied by articles of association under the Companies Act, 1956 (Central Act I of 1956).
(b) if not so accompanied Exemption
Memorandum of any association not formed for profit and registered under the Companies Act, 1956 (Central Act 1 of 1955).

Ninety rupees.
Two hundred and forty rupees.

36

MORTGAGE   DEED,     NOT    BEING     AN
AGREEMENT   relating to   deposit   of  title deeds, pawn, or pledge (No. 6), Bottomry Bond (No. 14), Mortgage of a crop (No. 37) Respon­dentia Bond (No. 48) or Security Bond (No. 49)—
(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 or has given to the mortgagee a power-of-attorney to collect rents or gives or has given to the mortgagee a lease of the property mortgag­ed or part thereof, is deemed to give posses­sion thereof 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 Ra. 1,000   or part  thereof secured in excess of Rs. 1,000

(1)   Instruments   executed    by    persons     taking
advances from Government for agricultural purposes or by their sureties as security for the repayment of such advances.
(2)   Letter of hypothecation accompanying a   bill

of exchange.

Same duty as a Conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the amount secured by such deed.
Same duty as a Bottomry Bond (No. 14) for the amount secured by such deed.
Two rupees thirty paise.
Two rupees thirty paise.

37

MORTGAGE OF A CROP, including any instruments 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
3 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 Rs. 200
(b)  when the loan is repayable more than  three
months but not more than 18 months from the date of the instrument—
for every sum secured not exceeding Rs. 100
for every Rs. 100 or part thereof secured in excess of Rs.   100

(x) for entry 39, the following entry  shall  be substituted, namely :—

Forty "paise. Forty paise.

 


Sixty paise. Sixty paise.";

39

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        Sixty paise.
rupees

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

(xi) for entries 41,  42  and  43, the following entries shall be substituted, namely ;—

    Subject to a maximum of rupees forty-five,   forty
for every Rs. 10,000 or part thereof of
the value of the stock or security.";

41

PARTITION—instrument of  [as defined by section 2(K) ]

The same duty as a Bottomry Bond  (No. 14)  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 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 two rupees 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 twenty-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 two rupees thirty paise.

42

PARTNERSHIP—
A.     Instrument of—
(a) where the capital of the partnership does not
exceed Rs. 1,000 (b) in any other case
B.     Dissolution of—

Fifteen rupees.
Sixty rupees. Thirty rupees.

43

POWER OF ATTORNEY [as defined by section
2 (p) ] not being a 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

b) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a)
(c)   when   authorising  not   more  than   5   persons
to act jointly and severally in more than one transaction or generally
(d)  when authorising  more  than 5 but not more
than 10 persons to act jointly and severally in more than one transaction or generally
(e)   when given for consideration   and   authorising
the attorney to sell any immovable property
(f) In any other case
Explanation.—For the purpose of this article, more persons than one when belonging to the same firm shall be deemed to be one person.";
(xii) for entries 46 and 47, the following entries shall be substituted, namely:—

One rupee fifteen paise

Two rupees sixty paise.

 

Sixteen rupees ninety paise.

 

Thirty-three rupees eighty paise.
The same duty as a Conveyance (No. 21 or 21A, as the case may be) for the amount of the consideration.

Three rupees forty paise for each person autho­rised.

46

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
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. 21 or 21A, as the case may be) for the amount of such consideration as set forth in the reconveyance.
Sixty rupees in the case of immovable properties situated in the areas referred to in article 21-A and forty-five rupees  in the case of immovable properties situated in other areas.

47

RELEASE, that is to say, any instrument (not being such a release as is provided for by sec­tion 24), 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
(xiii) for entries, 49 to  55,  the following entries shall be substituted, namely:—

The same duty  as a  Bottomry Bond (No. 14) for such amount or value as set forth in the release.
Twenty-two rupees fifty paise.";

48

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 instruments, 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) executed by persons taking advances from Government for agricultural purposes or by their sureties as security for the repay­ment of such advances;
(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.

The same duty as  a Bottomry Bond  (No. 14) for the amount secured.

Twenty-two rupees fifty paise
50

SETTLEMENT
A.     Instrument of (including a deed of dower)
Exemption
Deed   of   dower   executed   on   the   occasion   of a marriage between Muhammadans—
B.     Revocation of:
51.     SHARE WARRANTS to bearer issued under the
Companies Act, 1956 (Central Act 1 of 1956)

Share warrant when issued by a  company in pursuance of section 114 of the Companies Act, 1956, 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;
(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

The   same duty   as a   Bottomry   Bond    (No.   14) 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 two rupees thirty paise.
The same duty as a Bottomry Bond (No. 14) 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-five rupees.
One and a half times the duty payable on a conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the nominal amount of the shares specified in the warrant.

52

SHIPPING-ORDER    for   or   relating   to   the
conveyance of goods on board of any vessel

Twenty paise.

53

SURRENDER OF LEASE—
(a)  when the duty with   which the lease is charge­able    does   not   exceed   twenty-two   rupees fifty paise
(b) in any other case

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

 

The duty with which such lease is chargeable.

Twenty-two rupees fifty paise

54

TRANSFER (whether with or without consideration)—
(a) of   debentures   being  marketable    securities, whether the debenture is liable to duty or not

b) of debenture stocks
(e) of any interest  secured by a bond, mortgage
deed or policy of insurance—
              (i) if the duty on such a bond, mortgage deed or                                      policy   does   not exceed   twenty-two rupees fifty paise
             (ii)  in any other case
(d) of any property under the Administrators-General Act, 1963, (Central Act 45 of 1963), section 22
(e) of any trust property   without consideration
from one trustee to another trustee or from
a trustee to a beneficiary
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 mercantile document of
title to goods;

(c)of a policy of insurance;

(d)of securities of the Central Government.

One  rupee for every one hundred rupees or part thereof of the face amount of the debenture.

One rupee for every one hundred rupees or part thereof of the face amount of the debenture stock.
      The duty with which such bond, mortgage deed or   policy of insurance is chargeable.
    Twenty-two rupees fifty paise.
   Thirty-three rupees eighty paise.

Sixteen rupees ninety paise or such smaller amount as may be charged under clauses (a) to (c) of this article
55

TRANSFER OF LEASE by way of assignment and not by way of under-lease

Exemption
The transfer of any lease exempt from duty,"

The same duty as a conveyance (No. 21 or 21A, as the case may be) for a consideration equal to the amount of the consideration for the transfer.