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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.
- 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.
- An appeal under sub-section (4) shall be filed within
thirty days of the date of the order sought to be appealed against.
- 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—
- it the duty with which the original instrument was chargeable does not exceed Rs. 450
- 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—
- in the case of an Advocate
- 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:—
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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.
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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. |
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