|
Description of
Instrument
|
Proper Stamp-duty
|
|
(1)
|
(2)
|
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 bankers' pass-book) or on a separate piece of paper when such
book or paper is left in the creditor' 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.
|
One anna
|
2.
|
Administration-bond
including a bond given under section 256 of the Indian Succession Act, 1865, section
6 of the Government Saving Banks Act, 1873, section 78 of the Probate and
Administration Act, 1881, or section 9 or section 10 of the Succession
Certificate Act, 1889-
|
|
|
(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 ...
|
Five 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.
Advocate, see entry as an Advocate (No. 30)
|
Ten rupees
|
4.
|
Affidavit including
an affirmation or declaration in the case of persons by law allowed to affirm
or declare instead of swearing.
|
One rupee
|
EXEMPTIONS
|
|
Affidavit or
declaration in writing when made
102 [(a) as a condition of enrolment under the 103Indian
Army Act, 1911 104[(or the 105Indian Air Force Act,
1932)];]
(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 persons to receive
any pension or charitable allowance.
|
|
106 [5.
|
Agreement or
Memorandum of 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 note or
memorandum chargeable under No. 43;
(b) made in the form of tenders to the Central Government for
or relating to any loan; 107 [* * *] Agreement to lease: See Lease (No. 35).
|
|
108 [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 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;
|
The same duty as a
Bill of Exchange [No. 13(b)] for the amount secured
|
|
(b) if such loan or
debt is repayable not more than three months from the date of such
instrument.
|
Half the duty
payable on Bill of Exchange [No. 13(b)] 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.
|
Fifteen rupees
|
8.
|
Appraisement or
valuation made otherwise than under an order of the court in the course of a
suit-
|
|
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(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.
|
Five 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 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).
|
Five rupees
|
EXEMPTION
|
|
Instruments of
apprenticeship executed by a magistrate under the 109Apprentices
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
|
Twenty-five rupees
|
EXEMPTION
|
|
Articles of any
association not formed for profit and registered under section 26 of the 110Indian
Companies Act, 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
Transfer of Lease (No. 63), as the case may be.
Attorney. See Entry as an attorney (No. 30), and Power
of-attorney (No. 48). Authority to adopt. See Adoption-deed (No. 3).
|
Two hundred and fifty rupees
|
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
of -value of the property to The same duty as a bond which the award relates
as set forth in such award does (No. 15) for such amount not exceed Rs.1,000;
|
The same duty as a
bond (No. 15) for such amount
|
|
(b) in any other
case
|
Five rupees
|
EXEMPTION
|
|
Award under the 111Bombay
District Municipal Act, 1873, section 81, or the Bombay Hereditary Offices
Act, 1874, section 18.
|
|
13.
|
Bill of exchange [as
defined by s. 2(2) 112[***], not being a bond, bank-note or
currency note-
113 [* * *] [(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;
|
One rupee 115[twenty-five naye
paise]
|
|
if it exceeds Rs.
500 but does not exceed Rs. 1,000;
|
Two rupees 116[fifty naye paise]
|
|
and for every
additional Rs. 1,000 or part thereof in excess of Rs. 1,000;
|
Two rupees 116[fifty naye 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;
|
Two rupees 116[fifty
naye paise]
|
|
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;
|
Five rupees
Five rupees
|
|
(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;
|
Three rupees 117[seventy-five
naye paise]
|
|
if it exceeds Rs. 500
but does not exceed Rs. 1,000;
|
Seven rupees 116[fifty
naye paise]
|
|
and for every
additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000;
|
Seven rupees 116[fifty
naye 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;
|
Five rupees
|
|
if it exceeds Rs.
500 but does not exceed Rs. 1,000
|
Ten rupees
|
|
and for every
additional Rs. 1,000 or part thereof in exceeds of Rs. 1,000;
|
Ten rupees
|
|
(c) where payable at
more than 1 year after date or sight-
if the amount of the bill or note does not exceed Rs. 500;
if it exceed 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;
|
Ten rupees
Twenty rupees.
Twenty rupees
|
14.
|
Bill of lading
(including a through bill of lading).
|
118 [Two rupees]
N.B.-If a bill of lading drawn in parts, the
proper stamp therefor 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 119Indian Ports Act, 1889, and are
to be delivered at another place within the limits of the same port.
(b) Bill of lading when executed out of 120[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-
|
|
|
where the amount or
value secured does not exceed Rs. 10
where it exceeds Rs. 10 and does not exceed Rs. 50
|
Two annas
Four annas
|
|
Do
Do
Do
|
50
100
200
|
do
do
do
|
100
200
300
|
Eight annas
One Rupee One Rupee eight annas
|
|
Do
Do
Do
Do
Do
Do
Do
|
300
400
500
600
700
800
900
|
do
do
do
do
do
do
do
|
400
500
600
700
800
900
1000
|
Two rupees
Two rupees eighty annas
Three rupees
Three rupees eighty annas
Four rupees
Four rupees eighty annas
Five rupees
|
|
and for every Rs.
500 or part thereof in exceeds of Rs. 1,000
|
Two rupees eighty 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,
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 seagoing 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. 58B), Surrender of lease (No. 61),
Revocation of Trust (No. 64B)
|
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;
(c) in any other case
|
Four annas
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 of any such company or body.
See also Letter of allotment of shares (No. 36)
|
121 [Two annas]
|
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.
122 [* * *]
|
One rupee
|
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.
|
Ten 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 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
|
One rupee
|
|
Do
Do
Do
Do
Do
Do
Do
Do
Do
|
100
200
300
400
500
600
700
800
900
|
do
do
do
do
do
do
do
do
do
|
200
300
400
500
600
700
800
900
1000
|
Two rupees
Three rupees
Four rupees
Five rupees
Six rupees
Seven rupees
Eight rupees
Nine rupees
Ten rupees
|
|
and for every Rs.
500 or part thereof in excess of Rs. 1,000
|
Five rupees
|
EXEMPTION
|
|
Assignment of copyright
by entry made under 123the Indian Copyright Act, 1847, section 5.
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 Eight
annas the duty with which it was chargeable does not exceed one rupee;
|
Eighty annas
|
|
(ii) in any other
case.
|
One rupee
|
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.
124 [(b) Copy of, or extract from, any register
relating to births, baptisms, namings, dedications, marriages, 125[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.
|
The same duty as is payable on the original
One rupee
|
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
bond (No. 15) for such amount
|
|
(b) in any other case.
|
Five rupees
|
126 [27.
|
Debenture (where a
mortgage debenture or not), being a marketable security transferable-
(a) by endorsement or by a separate instrument of transfer-
|
|
|
where the amount or value
does not exceed Rs. 10; where it exceeds Rs. 10 and does not exceed Rs. 50
|
27 [Twenty naye paise]
128 [Forty naye paise]
|
|
Do
|
50
|
do
|
100
|
17 [Seventy five naye
paise]
|
|
Do
|
100
|
do
|
200
|
One rupee 116[fifty
naye paise]
|
|
Do
|
200
|
do
|
300
|
Two rupees 115[twenty-five
naye paise]
|
|
Do
Do
|
300
400
|
do
do
|
400
500
|
Three rupees
Three rupees 117[Seventy five
naye paise]
|
|
Do
|
500
|
do
|
600
|
Four rupees 116[fifty
naye paise]
|
|
Do
|
600
|
do
|
700
|
Five rupees 115[twenty
five naye paise]
|
|
Do
Do
|
700
800
|
do
do
|
800
900
|
Six rupees
Six rupees 117[Seventy five naye
paise]
|
|
Do
|
900
|
do
|
1000
|
Seven Rs. 116[fifty
naye paise]
|
|
and for every Rs.
500 or part thereof in excess of Rs. 1,000
|
Three rupees 117[seventy
five naye paise
|
|
(b) by delivery
where amount or value of the consideration for such debenture as
set forth therein does not exceed Rs. 50;
|
117 [Seventy-five naye
paise]
|
|
where it exceeds Rs.
50 but does not exceed Rs. 100
|
One rupee 116[fifty
naye paise]
|
|
Do
Do
|
100
200
|
do
do
|
200
300
|
Three rupees
Four rupees 116[fifty naye paise]
|
|
Do
Do
|
300
400
|
do
do
|
400
500
|
Six rupees
Seven rupees 129[fifty naye
paise]
|
|
Do
Do
|
500
600
|
do
do
|
600
700
|
Nine rupees
Ten rupees 129[fifty naye paise]
|
|
Do
Do
|
700
800
|
do
do
|
800
900
|
Twelve rupees
Thirteen rupees 129[fifty naye
paise]
|
|
Do
|
900
|
do
|
1000
|
Fifteen rupees
|
|
and for every Rs.
500 or part thereof in excess of Rs.1,000
|
Seven rupees
129[fifty naye 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 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].
|
|
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 exceed in value twenty rupees.
Deposit of title-deeds. 130[See agreement relating
to deposit of title-deeds, pawn or pledge (no. 6)]
Dissolution of partnership. See Partnership (No. 46)
|
One anna
|
29.
|
Divorce-Instrument
of, that is to say, any instrument One rupee by which any person effects the
dissolution of his marriage
Dower-Instrument of. See Settlement (No. 58)
|
One rupee
|
Duplicate. See
Counterpart (No. 25)
|
30.
|
Entry as an
advocate, vakil or attorney on the roll of any High Court 131[under
the Indian Bar Councils Act, 1926, or] in exercise of powers conferred on
such court by Letters Patent or by the 132Legal Practitioners Act,
1884-
|
|
|
(a) in the case of
an Advocate or vakil (b) in the case of an Attorney
|
Five hundred rupees
Two hundred and fifty rupees
|
EXEMPTION
|
|
Entry of an
advocate, vakil or attorney on the roll of any High Court when he has,
previously been enrolled in a High Court. 133 [* * *]
|
|
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 mortgage is one of the description referred to in clause (a) of
Article No. 40 (that is, with possession) (b) when such mortgage is one of the description referred to
in clause (b) of Article No. 40 (that is, without possession)-
|
The same duty as a
conveyance No. 23) for a consideration equal to the amount of the further
charge secured by such instrument
|
|
(i) if at the time
of execution of the instrument of further charge possession of the property
is given, or agreed to be given under such instrument;
|
The same duty as a
Conveyance (No. 23) for a consideration equal to the total amount of the 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)
Hiring agreements or agreement for service. See Agreement (No.
5)
|
The same duty as a
Conveyance (No. 23) for a consideration equal to the value of the property as
set forth in such instrument
|
34.
|
Indemnity-bond
Inspectorship-deed. See Composition-deed (No. 22).
Insurance. see Policy of Insurance (No. 47).
|
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-
|
|
|
(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 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;
|
The same duty as a
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 too
long
|
|
(v) where the lease
purports to be in perpetuity;
|
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
|
|
(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 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
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.
134 [* * *]
|
|
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).
|
35 [Two annas]
|
37.
|
Letter of credit,
that is to say, any instrument by which one person authorizes another to give
credit to the person in whose favor it is drawn.
|
36 [Two Rupees]
|
Letter of guarantee,
See Agreement (No. 5)
|
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.
|
Ten rupees
|
39.
|
Memorandum of
association of a company-
(a) if accompanied by articles of association under section 37
of the 137[Indian Companies Act, 1882];
|
Fifteen rupees
|
|
(b) if not so
accompanied
|
Forty rupees
|
EXEMPTION
Memorandum of any association not formed for
profit and registered under section 26 of the 137[Indian Companies
Act, 1882].
|
40.
|
Mortgage-deed, not
being 138[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)-
|
|
|
(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 139[*
* *] 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 theprincipal 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
|
The same duty as a
Bond (No.15 for the amount secured by such deed
Eight annas
Eight annas
|
EXEMPTIONS
|
|
(1) 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.
(2) Letter of hypothecation accompanying a bill of exchange.
140 [* * *]
|
|
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;
|
One anna
|
|
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 141[eighteen months], for the date of the instrument-
|
One anna
|
|
for every sum
secured not exceeding Rs. 100;
and for every Rs. 100 or part thereof secured in excess of Rs.
100.
|
142 [Two annas]
142 [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
|
143 [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 twenty rupees;
(b) of any stock or marketable security exceeding in value twenty
rupees.
|
Two annas Subject to a maximum of ten rupees, one anna
for every Rs. 10,000 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)
|
Eight annas
|
Order for the
payment of money
See Bill of exchange (No. 13)
|
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;
(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 exceed Rs.500;
|
Two rupees eight
annas
|
|
(b) in any other
case
|
Ten rupees
|
B- Dissolution of
|
Five rupees
|
|
144 [Pawn or pledge. see
agreement relating to deposit of title-deeds, pawn or pledge (No. 6).]
|
|
47.
|
Policy of insurance-
|
|
145 [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 146[* * *] one-eight per centum of the amount insured by
the policy;
(ii) in any other case, in respect of every full sum of 149[one
thousand five hundred rupees] and also any fractional part of 149[one
thousand five hundred rupees] insured by the policy;
|
47 [Ten naye paise]
147 [Ten naye paise]
|
48 [Five naye paise]148 [Five naye paise]
|
(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;
|
50 [Fifteen naye paise]
|
51 [Ten naye paise]
|
|
where the insurance
shall be made for any time exceeding six months and not exceeding twelve
months.
B-153[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]-
|
52 [Twenty five naye
paise]
|
50 [Fifteen naye paise]
|
(1)
(2)
|
in respect of an
original policy-
(i) when the sum insured does not exceed Rs. 5,000;
(ii) in any other case
and
in respect of each receipt for any payment of a premium on any
renewal of an original policy.
|
116 [Fifty naye paise]
One rupee One-half of the duty payable in respect of the
original policy in addition to the amount, if any chargeable under No. 53.]
|
C.
(a)
|
Accident and
sickness insurance- against railway accident, valid for a single journey only.
Explanation : When issued to a passenger traveling by the
intermediate or the third class in any railway;
|
51 [Ten naye paise]
|
(b)
|
in any other
case-for the maximum amount which may become payable
|
50 [Fifteen naye paise]
|
|
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.
|
61 [PROVIDED that, in
case of a policy of insurance against death by accident when the annual premium
payable does not exceed 154[Rs. 2.50] per Rs. 1,000, the duty on
such instrument shall be 163[ten naye paise] for every Rs. 1,000
or part thereof of the maximum amount which may become payable under it.
|
155 [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, for every Rs. 100 or part thereof
payable as premium.
|
163 [Ten naye paise]
|
|
|
If drawn singly
|
If drawn in duplicate, for each part
|
161 [D.
|
Life insurance 156[or
group insurance of other insurance] not specifically provided for, except such
a re-insurance, as is described in Division E of this article-
(i) for every sum insured not exceeding Rs. 250;
|
50 [Fifteen naye paise]
|
63 [Ten naye paise]
|
|
(ii) for every sum
insured exceeding Rs. 250 but not exceeding Rs. 500;
|
15 [Twenty five naye
paise]
|
50 [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.
|
28 [Forty naye paise]
|
27 [Twenty naye paise]
|
|
|
57 [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.]
|
|
Explanation 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 a Policy 158[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 173[ten naye paise] or
more than one rupee:
|
|
|
59 [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.]
|
|
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 more such
documents;
|
Eight annas
|
|
(b) when required in
suits or proceedings under the Presidency Small Cause Courts Act, 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 160Indian
Registration Act, 1877]
|
|
Explanatione: For the purposes of this
Article more persons than one when belonging to the same firm shall be deemed
to be one person.
|
|
161 [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;
(ii) when the amount or value exceeds Rs. 250 but does not
exceed Rs. 1,000;
(iii) in any other case.
|
77 [Ten naye paise]150 [Fifteen naye paise]115 [Twenty-five naye
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.]
|
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.
|
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 of the
calculation of averages, and every declaration in writing made by him against
the chatterers 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.
|
162 [Thirty paise]
|
53.
|
RECEIPT [as defined
by section 2(23)] for any money or other property the amount or value of
which exceeds 164[five hundred rupees.]
|
163 [One rupee]
|
EXEMPTIONS
Receipt-
|
|
(a) endorsed on or
contained in any instrument duly stamped. 165[or any instrument
exempted] under the proviso to section 3 (instruments executed on behalf of
the government) 166[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 167[in
the States of Madras, Bombay and Andhra] 168[as they existed
immediately before the 1st November, 1956] of Inam lands;
(d) for pay or allowances by non-commissioned 169[or
petty] officers, 170[soldiers, 169[sailors] or airmen]
of 171[Indian military, 169[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 169[ or petty] officer, 170[soldier,
169[sailor] or airman], of 172[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 169[or
petty] officers, 170[soldiers 169[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 acknowledgement for any sum paid or deposited for or upon a letter
of allotment of a share of, or 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. 173 [See also Policy of Insurance [No. 47B(2)]].
|
|
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
|
Ten rupees
|
55.
|
Release, that is to
say, any instrument 144[(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;
|
The same duty as a
Bond (No. 15) for such amount or value as set forth in the release
|
|
(b) in any other
case
|
Five rupees
|
56.
|
Respondentia bond, that
is to say, any instrument securing a loan on the cargo laden or to be laden
on board a ship and making repayment contingent on the arrival of the cargo
at the port of destination.
|
The same duty as a
Bond (No. 15) for the amount of the loan secured
|
Revocation of any
trust or settlement.
See Settlement (No. 58); Trust (No. 64).
|
57.
|
Security bond or
mortgage deed, executed by way of security for the due execution of an
office, or to account for money or other property received by virtue thereof
or executed by a 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
Bond (No. 15) for the amount secured
|
|
(b) in any other
case
|
Five 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 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;
(c) under No. 3A of the rules made by the 174[State
Government] under section 70 of the Bombay Irrigation Act, 1879.
(d) 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 suchadvances;
(e) executed by officers of 175[the 176[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
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.
|
EXEMPTION
|
|
(a) Deed of dower
executed on the occasion of a marriage between Muhammadans.
177 [* * *]
|
|
|
|
B.-Revocation of-
See also Trust (No. 64).
|
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
|
59.
|
Share warrants, to
bearer issued under the 178[Indian Companies Act, 1882].
|
79 [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
|
EXEMPTION
|
|
Share warrant when
issued by a company in pursuance of the Indian Companies Act, 1882, section
30, to have effect only upon payment, as composition for that duty, to the
Collector of Stamp-revenue, of-
(a) 180[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 180[one
and a half] per centum of the additional capital so issued.
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. (b) in any other case
|
The duty with which such lease is chargeable
Five rupees
|
EXEMPTION
Surrender of lease, when such lease is
exempted from duty.
|
62.
|
Transfer (whether
with or without consideration)-
157 [(a) of shares in an incorporated company or
other body corporate;
|
117 [Seventy-five naye
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;
|
181 [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 five rupees;
(ii) in any other case
(d) of any property under the 182Administrator General's
Act, 1874, section 31;
|
The duty with which
such bond, mortgage-deed or policy of insurance is chargeable
Five rupees
Ten 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 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.
|
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 fifteen rupees
|
|
B.- Revocation of -
or, concerning, any property when made by any instrument other than a WILL.
See also Settlement (No. 58)
Valuation. see appraisement (No. 8).
Vakil. see entry as a vakil (No. 30).
|
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
|
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.
|
Four annas
|