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Preeti Wadhawan (CS & Legal Manager)     11 January 2010

Stamp Duty and Registration Rate

Dear Friends,

Can you please send me schedule of stamp duty payable in haryana. I am looking for stamp duty payable on lease deed which on the Haryana Govt's webiste is 1.5% whereas it is different in the stamp duty schedule available with me.

Thanks in advance.

 

Regards,

Preeti



Learning

 4 Replies

subhash kumar (advocate)     11 January 2010

Dear Preeti, you log on to Google and type the word " Stamp Duty chart in Haryana" you get the calculator for calculating the duty in Haryana  and typed the desire amount and will get the stamp duty amount easily.

Subhash kumar, adv

Preeti Wadhawan (CS & Legal Manager)     12 January 2010

Thanks Subhash. I searched on google but what is available is calculator for stamp duty on purchase of property, not on lease. Can you please guide me.

Regards

V. VASUDEVAN (LEGAL COUNSEL)     14 January 2010

 Dear Mr. Wadhawan, Please refer the schedule attached.

vasudevan

 

Email  print


 
INDIAN STAMP ACT 1899



  


Schedule I - SCHEDULE I

 

SCHEDULE I

STAMP-DUTY ON INSTRUMENTS

(See Section 3)


Proper Stamp Duty

Descripttion of Instrument


One anna

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.

 

2. ADMINISTRATION-BOND, including a bond given under Section 256 of the Indian Succession Act, 1865 Now see the Succession Act, 1925 (39 of 1925). (10 of 1865), Section 6 of the Government Savings Banks Act, 1873 (5 of 1873), Section 78 of the Probate and Administration Act, 1881 (5 of 1881), or Section 9 or Section 10 of the Succession Certificate Act, 1889 (7 of 1889)-

The same duty as a Bond (No. 15) for such amount.

Five rupees.

Ten rupees.

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

(b) in any other case...........

3. ADOPTION-DEED, that is to say, any instrument (other than a Will) recording an adoption or conferring purporting to confer an authority to adopt.

ADVOCATE. See ENTRY AS AN ADVOCATE (No. 30).

One rupees

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

 

Exemptions

Affidavit or declaration in writing when made-

 

[(a) as a condition of enrolment under the Indian Army Act, 1911(8 of 1911)(Now see the Army Act, 1950 (46 of 1950)): [or the

 

Indian Air Force Act, 1932 (14 of 1932) (Inserted by Act 14 of 1932, Section 130 and Sch.] (Now see the Air Force Act, 1950 (45 of 1950).]; [Substituted by Act 18 of 1928, Section 2 and Sch. for the original clause.]

 

(b) for the immediate purpose of being filed or used in any Court or before the officer of any Court; or

 

(c) for the sole purpose of enabling any person to receive any pension or charitable allowance.

 

[5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT-

Two Annas

(a) if relating to the sale of bill of exchange;

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. Eight Annas

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

(c) if not otherwise provided for.

 

Exemptions

Agreement or memorandum of agreement-

 

(a) for or relating to the sale of goods or merchandise exclusively, not being a NOTE OR MEMORANDUM chargeable under No. 43;

 

(b) made in the form of tenders to the Central Government for or relating to any loan.

 

[(CI. (c) omitted by A.O. 1950)] [Substituted by Act 6 of 1910, Section 3, for the original Article.]

 

AGREEMENT TO LEASE. See LEASE (No. 35)

 

[6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to-

 

(1) the deposit of title-deeds or instruments constituting or being 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 money advanced or to be advanced by way of loan or an existing or future debt-

The same duty as Bill of Exchange [No. 13(b) for the amount secured.

(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement;

Half the duty payable on 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.

 

Exemption

Instrument of pawn or pledge of goods if unattested. [Substituted by Act 15 of 1904, Section 8, for the original Article.]

Fifteen rupees

7. APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property, movable, where made by any writing not being a Will.

 

8. APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit-

The same duty as a Bond (No. 15) for such amount.

Five rupees.

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

(b) in any other case...........

 

Exemption

 

(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.

 

(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

Five rupees.

9. APPRENTICESHIP-DEED, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP (No. 11).

 

Exemption

Instruments of apprenticeship executed by a Magistrate under the (Now see the Apprentices Act, 1961 (52 of 1961)Apprentices Act, 1850 (19 of 1850), or by

 

which a person is apprenticed by or at the charge of any public charity.

Twenty-five rupees.

10. ARTICLES OF ASSOCIATION OF A COMPANY.

 

Exemption

Articles of any Association not formed for profit and registered under Section 26 of the (**Now see the Companies Act, 1956 (1 of 1956)) Indian Companies Act, 1882 (6 of 1882).

 

See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39).

Two hundred and fifty rupees.

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).

 

12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, ;not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit-

The same duty as a Bond (No. 15) for such amount.

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

Five rupees.

(b) in any other case....

 

Exemption

Award under the (Now see the Bombay District Municipal Act, 1901 (Bombay Act 3 of 1901)) Bombay Hereditary Offices Act, 1874 (Bom. Act III of 1874), Section 18.

[The. entry (a) together with the entry "one anna" in the second column omitted by Act 5 of 1927, Section 5.)]

13. BILL OF EXCHANGE [as defined by Section 2(2) [(The word, brackets and figure "and (3)" omitted by Act 5 of 1927, Section 5.)]], not being as BOND, banknote or currency note-

 

[(b) where payable otherwise than on demand-

[Thirty paise.] [Substitued by S.O. 130(E), dated 28-1-2004, for "One rupee twenty-five naye paise" (w.e.f. 1-3-2004)]

(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;

[Sixty Paise.] [Substitued by S.O. 130(E), dated 28-1-2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)]

if it exceed Rs. 500 but does not exceed Rs. 1,000;

[Sixty Paise.] [Substitued by S.O. 130(E), dated 28-1-2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)]

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

 

(ii) where payable more than three months but not more than six months after date or sight-

[Sixty Paise:] [Substitued by S.O. 130(E), dated 28-1-2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004)]

if the amount of the bill or note does not exceed Rs. 500;

[One rupees twenty paise] [Substituted by S.O. 130(E), dated 28-1-2004, for "Five rupees" (w.e.f. 1-3-2004)]

if it exceeds Rs. 500 but does not exceed Rs. 1,000;

[One rupees twenty paise] [Substituted by S.O. 130(E), dated 28-1-2004, for "Five rupees" (w.e.f. 1-3-2004)]

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

 

(iii) where payable more than six months but not more than nine months after date or sight-

[Ninety Paise.] [Substituted by S.O. 130(E), dated 28-1-2004, for "Three rupees seventy-five naye paise" (w.e.f. 1-3-2004)]

if the amount of the bill or note does not exceed Rs. 500;

[One rupee eighty paise.] [Substituted by S.O. 130(E), dated 28-1-2004, for "Seven rupees fifty naye paise" (w.e.f. 1-3-2004)]

if it exceeds Rs. 500 but does not exceed Rs. 1,000;

[One rupee eighty paise.] [Substituted by S.O. 130(E), dated 28-1-2004, for "Seven rupees fifty naye paise" (w.e.f. 1-3-2004)]

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

 

(iv) where payable more than nine months but not more than one year after date or sight-

[One rupee twenty-five paise.]

[Substituted by S.O. 130(E), dated 28-1-2004, for "Five rupees" (w.e.f. 1-3-2004)]

if the amount of the bill or note does not exceed Rs. 500;

[Two rupees fifty paise] [Substitued by S.O. 130(E), dated 28-1-2004, for "Ten rupees" (w.e.f. 1-3-2004)]

if it exceeds Rs. 500 but does not exceed Rs. 1,000;

[Two rupees fifty paise] [Substitued by S.O. 130(E), dated 28-1-2004, for "Ten rupees" (w.e.f. 1-3-2004)]

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

 

(c) where payable more than one year after date or sight-

[Two rupees fifty paise] [Substitued by S.O. 130(E), dated 28-1-2004, for "Ten rupees" (w.e.f. 1-3-2004)]

if the amount of the bill or note does not exceed Rs. 500;

[Five rupees] [Substitued by S.O, 130(E), dated 28-1-2004, for "Twenty rupees" (w.e.f. 1-3-2004)]

if it exceed Rs. 500 but does not exceed Rs. 1,000;

[Five rupees] [Substitued by S.O. 130(E), dated 28-1-2004, for "Twenty rupees" (w.e.f. 1-3-2004)]

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

Note 1.- ln supersession of the notification of the Government of India No. 15, dated 15-5-1957 and No.6, dated 14-7-1961, the proper stamp duty chargeable on bills of exchange specified in items (b) and (c) in Article 13 of the First Schedule to the said Act and promissory notes specified in item (b) of Article 49 of the said Schedule shall be reduced to one-half of the rates specified against the said items (b) and (c) of the said Article 13:

Provided that the rates of stamp duty specified in column (2) shall not apply to usance bills off exchange or promissory notes drawn or made for securing finance from the Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporation, Commercial banks and Co-operative banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage or small scale industries and such instruments shall continue to bear the rates of stamp duty at one-fifth of the rates specified against the said items (b) and (c) in the said Article 13.

Explanation l.-For the purposes of the proviso:-

(a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations;

(b) "crops" include products of agricultural operations;

(c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organisation of such producers.

Explanation 2.- The duty chargeable shall, wherever necessary, be rounded off to the next five paise.- S.O. 199(E), dated 16-3-1976, published in the Gazette of India, Ext, Pt II, S.3(ii),p. 594, dated 16-3-1976. [See also Note 2, below].

Note 2.-ln supersession of the notifications of Government of India in the Ministry of Finance (Department of Revenue) published in the Gazette of India, Extraordinary, Part II, Section 3 vide numbers S.O. 198(E), dated 16-3-1976 and S.O. 199(E), dated 16-3-1976, except as respects things done or omitted to be done before such supersession, the Central Government hereby directs that with effect from 1-3-2004, the proper stamp duty chargeable on instruments, mentioned under column (1) in Articles 13, 14, 27, 37, 47, 49, 52 and 62(a) in the Schedule I of the Act, shall be reduced and stamp duty payable thereon, after such reduction, shall be as specified in the Table.-S.0.130(E), dated 28-1-2004, published in the Gazette of India, Ext, Pt II, S. 3(ii), S1. No. 108, dated 28-1-2004.

[One rupee] [Substituted by S.O. 130(E), dated 28-1-2004, for "Two rupees" (w.e.f. 1-3-2004)]

14. BILL OF LADING (including a through bill of lading).

 

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 (Now see the relevant provisions of the Indian Ports Act, 1908 (15 of 1908) to be referred to Indian Ports Act, 1899 (10 of 1889)] [See now the Indian Ports Act, 1908 (15 of 1908), and are to be delivered at another place within the limits of the same port.

 

(b) Bill of lading when executed out of [India (Substituted by Act 43 of 1955, Section 2, for "the States" (w.e.f. 1-4-1956))] and relating to property to be delivered in [India [Substituted by Act 43 of 1955, Section 2, for "the States" (w.e.f. 1 -4-1956)]

 

16. BOND [as defined by Section 2(5)] not being a DEBENTURE (No. 27), and not being otherwise provided for by this Act, or by the Court-fees Act, 1870 (7 of 1870),

Two annas

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

Four annas

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

Eight annas

Ditto

50

Ditto

100

One rupee.

Ditto

100

Ditto

200

One rupee eight annas

Ditto

200

Ditto

300

Two rupees

Ditto

300

Ditto

400

Two rupees eight annas

Ditto

400

Ditto

500

Three rupees

Ditto

500

Ditto

600

Three rupees eight annas

Ditto

600

Ditto

700

Four rupees

Ditto

700

Ditto

800

Four rupees eight annas

Ditto

800

Ditto

900

Five rupees.

Ditto

900

Ditto

1,000;

Two rupees eight annas.

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

 

See ADMINISTRATION-BOND (No. 2), BOTTOMRY BOND (No. 16), CUSTOMS-BOND (No. 26), INDEMNITY BOND (No. 34), RESPONDENTIA BOND (No. 56), SECURITY-BOND (No. 57).

 

Exemption

 

Bond, when executed by-

 

(a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Beng. Act III of 1876), Section 99, for the due performance of their duties under that Act;

 

(b) any person for the purpose of guaranteeing that the local income derived from private subscripttions 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 Bond (No. 15) for the same amount.

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.

Five rupees.

17. CANCELLATION- Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. See also RELEASE (No. 55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61), REVOCATION OF TRUST (No. 64-B).

 

 

18. CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer-

Two annas.

(a) where the purchase-money does not exceed Rs. 10;

Four annas.

(b) where the purchase-money exceed Rs. 10; but does not exceed Rs. 25;

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

(c) in any other case..........

[Two annas.] [Substituted by Act 43 of 1923, Section 2, for "One anna".]

19. CERTIFICATE OR OTHER DOCUMENT

evidencing the right or title of the holder, 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).

One rupee.

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 principle part thereof is let fro the specified purpose of the charterer, whether it include a penalty clause or not.

 

21. [(Article 21 omitted by Act 5 of 1927, Section 5.]

Ten rupees.

22. COMPOSITION-DEED, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors.

 

23. CONVEYANCE [as defined by Section 2(10)] not being a TRANSFER charged or exempted under No. 62,-

Eight annas

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

One rupee.

where it exceeds Rs. 50 but does not exceed Rs. 100;

Two rupees.

Ditto

100

Ditto

200

Three rupees.

Ditto

200

Ditto

300

Four rupees.

Ditto

300

Ditto

400

Five rupees.

Ditto

400

Ditto

500

Six rupees.

Ditto

500

Ditto

600

Seven rupees.

Ditto

600

Ditto

700

Eight rupees.

Ditto

700

Ditto

800

Nine rupees

Ditto

800

Ditto

900

Ten rupees.

Ditto

900

Ditto

1,000

Five rupees.

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

 

Exemption

[(a) Assignment of copyright by entry made under the Indian Copyright Act, 1847 (Now see the Indian Copyright Act, 1957 (14 of 1957), Section 11), Section 5.

 

[(b) For the purpose of this article, the portion of duty paid in respect of a document falling under Article No. 23-A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction in any union territory under this article. [Inserted by the Registration and Other Related Laws (Amendment) Act, 2001(48 of 2001), Section 11 (w.e.f. 24-9-2001).]

 

CO-PARTNERSHIP-DEED. See PARTNERSHIP (No. 46).

Ninety per cent of the duty as a Conveyance (No. 23).]

[23-A. CONVEYANCE IN THE NATURE OF PART PERFORMANCE contracts for the transfer of immovable property in the nature of part performance in any Union territory under Section 53-A of the Transfer of Property Act, 1882 (4 of 1882).

 

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-

Eight annas

(i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed one rupee;

One rupee.

(ii) in any other case...........

 

Exemption

(a) Copy of any paper which a public officer is expressly required by Law to make of, 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, (Inserted by Act 10 of 1914, Section 2, and Sch. I.] deaths or burials. [Substituted by Act of 1906, Section 7, for CIs. (b) and (c)]

 

25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid,-

The same duty as payable on the original

(a) if the duty with which the original instrument is chargeable does not exceed one rupee;

One rupee.

(b) in any other case..........

 

Exemption

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

The same duty as a Bond (No. 15) for such amount.

26. CUSTOMS-BOND-

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

Five rupees.

(b) in any other case............

 

27. DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable-

 

(a) by endorsement or by a separate instrument of transfer-

[Ten paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Twenty naya paise" (w.e.f. 1.3.2004]

where the amount or value does not exceed Rs. 10;

[Twenty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Forty naya paise" (w.e.f. 1.3.2004]

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

[Thirty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Seventy-five naya paise" (w.e.f. 1.3.2004]

Ditto

50

Ditto

100

[Seventy-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "One rupee fifty naye paise" (w.e.f. 1.3.2004]

Ditto

100

Ditto

200

[One rupee ten paise] [Substituted by S.O. 130(E), dated 28.1.2004, for “Two rupees twenty-five naya paise" (w.e.f. 1.3.2004]

Ditto

200

Ditto

300

[One rupee fifty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Three rupees" (w.e.f. 1.3.2004]

Ditto

300

Ditto

400

[One rupee eighty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Three rupees seventy-five naya paise" (w.e.f. 1.3.2004]

Ditto

400

Ditto

500

[Two rupees twenty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Four rupees fifty naya paise" (w.e.f. 1.3.2004]

Ditto

500

Ditto

600

[Two rupees sixty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Five rupees twenty-five naya paise" (w.e.f. 1.3.2004]

Ditto

600

Ditto

700

[Three rupees] [Substituted by S.O. 130(E), dated 28.1.2004, for "Six rupees" (w.e.f. 1.3.2004]

Ditto

700

Ditto

800

[Three rupees forty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Six rupees seventy-five naya paise" (w.e.f. 1.3.2004]

Ditto

800

Ditto

900

[Three rupees seventy-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Seven rupees fifty naye paise" (w.e.f. 1.3.2004]

Ditto

900

Ditto

1,000

[One rupee eighty-five] [Substituted by S.O. 130(E), dated 28.1.2004, for "Three rupees Seventy-five naya paise" (w.e.f. 1.3.2004]

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

[Thirty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Seventy-five naye paise"(w.e.f. 1.3.2004]

(b) by delivery-

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

[Seventy-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "One rupee fifty naye paise Four rupees fifty naya paise" (w.e.f. 1.3.2004]

where it exceeds Rs. 50 but does not exceed Rs. 100;

[One rupees eighty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Three rupees" (w.e.f. 1.3.2004]

Ditto

100

Ditto

200

[Two rupees twenty-five paise.] [Substituted by S.O. 130(E), dated 28.1.2004, for "Four rupees fifty naye paise" (w.e.f. 1.3.2004]

Ditto

200

Ditto

300

[Three rupees] [Substituted by S.O. 130(E), dated 28.1.2004, for "Six rupees" (w.e.f. 1.3.2004]

Ditto

300

Ditto

400

[Three rupees seventy-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Seven rupees fifty naye paise" (w.e.f. 1.3.2004]

Ditto

400

Ditto

500

[Four rupees fifty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Nine rupees" (w.e.f. 1.3.2004]

Ditto

500

Ditto

600

[Five rupees twenty-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Ten rupees fifty naye paise" (w.e.f. 1.3.2004]

Ditto

600

Ditto

700

[Six rupees] [Substituted by S.O. 130(E), dated 28.1.2004, for "Twelve rupees" (w.e.f. 1.3.2004]

Ditto

700

Ditto

800

[Six rupees seventy-five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Thirteen rupees fifty naye paise" (w.e.f. 1.3.2004]

Ditto

800

Ditto

900

[Seven rupees fifty paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "fifteen rupees" (w.e.f. 1.3.2004]

Ditto

900

Ditto

1000

[Three rupees seventy five paise] [Substituted by S.O. 130(E), dated 28.1.2004, for "Seven rupees fifty naye paise" (w.e.f. 1.3.2004)]

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

 

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)

One Anna

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. [See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6) [Substituted by Act 15 of 1904, Section 8, for "See AGREEMENT BY WAY OF EQUITABLE MORTGAGE (No. 6)]

DISSOLUTION OF PARTNERSHIP.

See PARTNERSHIP (No.46).

One rupee.

29. DIVORCE -Instrument of. that is to say, any instrument by which any person effects the dissolution of his marriage. DOWER-Instrument of. See SETTLEMENT (No.58)

DUPLICATE.- See COUNTERPART (No. 25).

 

30. ENTRY AS AN ADVOCATE. VAKIL OR ATTORNEY ON THE ROLL OF ANY HIGH COURT. [under the Indian Bar Councils Act, 1926 (38 of 1926), or [Inserted by Act 38 of 1926, Section 19 and Sch.] in exercise of powers conferred on such Court by Letters Patent or by the (Repealed by Act 1 of 1938.) Legal Practitioners Act, 1884 (9 of 1884)-

Five hundred rupees. Two hundred and fifty rupees.

(a) in the case of an Advocate or Vakil;

(b) in the case of an Attorney.

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. [The entry relating to "EQUITABLE MORTGAGE" omitted by Act 15 of 1904, Section 8.]

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

31EXCHANGE OF PROPERTY- Instrument of.

EXTRACT. See COPY (No. 24).

 

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

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

(a) when the original mortgage is one of the descripttion referred to in clause (a) of Article No. 40 (that is, with possession);

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

The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument.

(b) when such mortgage is one of the descripttion referred to in clause (b) of Article No. 40 (that is without possession)-

(i) if at the time of execution of the instrument of further charge possession of the property is given, or agreed to be given under such instrument;

(ii) if possession is not so given.............

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

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

The same duty as a Security-Bond (No. 57) for the same amount.

HIRING AGREEMENT or agreement for service. See AGREEMENT(No. 22).

34. INDEMNITY-BOND.

INSPECTORSHIP-DEED. See COMPOSITION-DEED (No. 5).

INSURANCE. See POLICY OF INSURANCE (No. 47)

 

35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let-

The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease.

The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved.

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

(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 three years;

(iii) where the lease purports to be for a term in excess of three years;

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.

(iv) where the lease does not purport to be for any definite term;

The same duty as a Conveyance (No. 23) for a consideration equal to one fifth or the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease.

(v) where the lease purports to be in perpetuity;

The same duty as a Conveyance (No. 23) for a consideration equal to one fifth or 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;

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.

(c) 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. [(Exemption (b) omitted by A.O.1937.)]

[Two annas] [Substituted by Act 43 of 1923, Section 2, for "one anna".]

36. LETTER OF ALLOTMENT OF SHARES in any company or proposed company, or in respect of any loan to be raised by any company or proposed company. See also CERTIFICATE OR OTHER DOCUMENT (No. 19).

[One rupee] [Substituted by S.O. 130(E), dated 28-1-2004, for "Two rupees" (w.e.f. 1-3-2004)].

37. LETTER OR CREDIT, that is to say any instrument by which one person authorises another to give credit to the person in whose favour it is drawn.

LETTER OF GUARANTEE See AGREEMENT (No. 5).

Ten rupees.

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

 

39. MEMORANDUM OF ASSOCIATION OF A COMPANY-

Fifteen rupees

(a) if accompanied by articles of association under Section 37 of the (Now see the Companies Act, 1956 (1 of 1956)) Indian Companies Act, 1882(6 of 1882);

Forty rupees.

(b) if not so accompanied.

Exemption

Memorandum of any association not formed for profit and registered under Section 26 of the (Now see the Companies Act, 1956 (1 of 1956)) Indian Companies Act, 1882 (6 of 1882).

 

40. MORTGAGE-DEED, not being [an AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6)], BOTTOMRY BOND (No. 16), MORTGAGE OF ACROP (No. 41), RESPONDENTS BOND (No. 56), OR SECURITY-BOND (No. 57)- [Substituted by Act 15 of 1904, Section 8, for "AN AGREEMENT TO MORTGAGE (No. 6)]

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

"(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. 15) for the amount secured by such deed.

(b) when [The words "at the time of execution" omitted by Act 15 of 1904, Section 8] 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 rent or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.

 

(c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stamped-

Eight annas.

for every sum secured not exceeding Rs. 1,000;

Eight annas.

for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000.

 

Exemptions

 

(1) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883 (12 of 1884) or by their sureties as security for the repayment of such advances.

 

(2) Letter of hypothecation accompanying a bill of exchange.

[(Exemption] (3) omitted by Act 15 of 1904, Section 8.)]

 

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-

One anna.

for every sum secured not exceeding Rs. 200;

One anna.

and or every Rs. 200 or part thereof secured in excess of Rs. 200;

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

[Two annas] [Substituted by Act 15 of 1904, Section 8, for "four annas".]

for every sum secured not exceeding Rs. 100;

[Two annas] [Substituted by Act 15 of 1904, Section 8, for "four annas".]

and for every Rs. 100 or part thereof secured in excess of Rs. 100.

One rupee.

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).

 

43. NOTE OR MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal-

Two annas.

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

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.

(b) of any stock or marketable security exceeding in value twenty rupees. [Substituted by Act 6 of 1910, Section 3, fro the original Article 43]

 

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

ORDER FOR THE PAYMENT OF MONEY. See BILL OF EXCHANGE (No. 13). Eight annas.

Eight annas.

The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property.

45. PARTITION-lnstrument of [as defined to Section 2(15)].

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 severally is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty 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 the 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

Two rupees eight annas. Ten rupees.

(a) where the capital of the partnership does not exceed Rs. 5000;

(b) in any other case..........

Five rupees.

B.- DISSOLUTION OR........

[PAWN OR PLEDGE. See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6)]. Inserted by Act 15 of 1904, Section 8.

If drawn singly If drawn in duplicate for each part

47. POLICY OF INSURANCE-

[A.- (SEA-INSURANCE (see Section 7)-

 

(1) for or upon any voyage-

Substituted by Act 5 of 1906, Section 7, for the original Division A and B

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Five naye paise" (w.e.f. 1.3.2004)]

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Ten naye paise" (w.e.f. 1.3.2004)]

(i) where the premium consideration does not exceed the rate of [The words "fifteen naye paise or" omitted by Act 14 of 1961, Section 16.] one-eighth per centum of the amount insured by the policy;

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Five naye paise" (w.e.f. 1.3.2004)]

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Ten naye paise" (w.e.f. 1.3.2004)]

(ii) in any other case, in respect of every full sum of [one thousand five hundred rupees [Substituted by Act 18 of 1928, Section 2 and Sch. 1, for "one thousand rupees".] and also any fractional part of [one thousand five hundred rupees [Substituted by Act 18 of 1928, Section 2 and Sch. 1, for "one thousand rupees"] insured by the policy;

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Ten naye paise" (w.e.f. 1.3.2004)]

[Ten paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Fifteen naye paise"

(w.e.f. 1.3.2004)]

(2) for time-

(iii) in respect of 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;

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Fifteen naye paise"

(w.e.f. 1.3.2004)]

[Ten paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Twenty-five naye paise"

(w.e.f. 1.3.2004)]

where the insurance shall be made for any time exceeding six months and not exceeding twelve months

 

 

B.- 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 (Substituted By Act 43 Of 1923, Section 2 For "FIRE INSURANCE".)]

 

 

(1) in respect of an original policy-

[Twenty-five paise] [Substituted by S.O.130 (E), dated 28.1.04, for "Fifty naye paise" (w.e.f. 1.3.2004)]

(i) when the sum insured does not exceed Rs. 5,000;

[Fifty paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "One rupee" (w.e.f. 1.3.2004)]

(ii) in any other case...........;

One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53.

(2) in respect of each receipt for any payment of a premium on any renewal of an original policy.

 

C- ACCIDENT AND SICKNESS INSURANCE-

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.2004, for "Ten naye paise" (w.e.f. 1.3.2004)]

(a) against railway accident, valid for a single journey only.

Exemption

When issued to a passenger traveling by the intermediate or the third class in any railway;

[Ten paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Fifteen naye paise" (w.e.f. 1.3.2004)]

[Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed [Rs. 2.50] [Substituted by Act 19 of 1958, S. 13, for "Rs. 2.80" (w.e.f. 1.10.1958)] per Rs. 1,000, the duty on such instrument shall be [five paise] [Substituted by S.O. 130 |(E), dated 28.1.2004, for "Ten naye paise" (w.e.f. 1.3.2004)] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it]. [Substituted by Act 18 of 1928, S. 2 and Sch. 1]

(b) in any other case-for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceed Rs. 1,000, for every Rs. 1,000 or part thereof.

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.2004, for "Ten naye paise" (w.e.f. 1.3.2004)]

[CC.-INSURANCE BY WAY OF INDEMNITY.— against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium.

If drwan in duplicate for each part

If drawn Singly

[D.- LIFE INSURANCE [OF GROUP INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR. except such a RE-INSURANCE, as is described in Division E of this article-

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "One rupee" (w.e.f. 1.3.2004)]

[Ten paise] [Substituted by S.O 130 (E), dated 28-1-2004, for "Fifteen naye paise" (w.e.f. 1-3-2004)]

(i) for every sum insured not exceeding Rs. 250;

[Five paise] [Substituted by S.O. 130 (E), dated 28.1.04, for "Fifty naye paise" (w.e.f. 1.3.2004)]

[Ten paise] [Substituted by S.O 130 (E), dated 28-1-2004, for "Ten naya paise" (w.e.f. 1-3-2004)]

(ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500;

[Ten paise] [Substituted by S.O 130 (E), dated 28-1-2004, for "Ten naye paise" (w.e.f. 1-3-2004)]

[Twenty paise]

[Substituted by S.O 130 (E), dated 28-1-2004, for "fifteen naye paise" (w.e.f. 1-3-2004)]

(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.

 

[N.B- If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously isured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured.] [Inserted by Act 43 of 1955, S. 7 (w.e.f. 1-4-1956)]

 

One-quarter of the duty payable in respect of the original insurance but not less than [five paise] [Substitued by S.O. 130(E), dated 28-1-2004, for "ten naye paise" (w.e.f. 1 -3-2004)] or more than [fifty paise] [[Substitued by S.O. 130(E), dated 28-1-2004, for "One rupee" (w.e.f. 1-3-2004)]

Exemption

Policies of life-insurance granted by the Director General of Post Offices Life-Insurance issued under the authority of the Central Government. [Inserted by Act 15 of 1925, Section 2.] E. RE-INSURANCE BY AN INSURANCE COMPANY, which has granted a POLICY [of the nature specified in Division A or Division B of this article] [Substituted by Act of 1923, Section 2 for "of Sea-Insurance or a policy of Fir Insurance".],

[Provided that if the total amount of duty payable is not multiple of [five paise] [Substituted by S.O 130 (E), dated 28-1-2004, for "five naye paise" (w.e.f. 1-3-2004)], the total amount shall be rounded off to the next higher multiple of [five paise] [Substituted by S.O 130 (E), dated 28-1-2004, for "five naye paise" (w.e.f. 1-3-2004)]

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.

 

General Exemption

Letter of cover or engagement to issue a policy of insurance:

Provided that, unless such letter of engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, not 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)-

Eight annas.

(a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;

Eight annas.

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

One rupee.

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

Five rupees.

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

Ten rupees.

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

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

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

One rupee for each person authorised.

(g) in any other case.............

N.B.- The term "registration" includes every operation incidental to registration under the (Now see the Indian Registration Act, 1908 (16 of 1908)) Indian Registration Act, 1877 93 of 1877).

 

 

Explanation.- For the purposes of this articles more persons than one when belonging to the same firm shall be deemed to be one person.

 

[49. PROMISSORY NOTE [as defined by Section 2(22) Substituted by Act 43 of 1923, Section 2, for the original Article 49.

 

(a) when payable on demand-

[Five Paise] [Substituted By S.O 130 (E), Dated 28-1-2004, For "Ten Naye Paise" (W.e.f. 1-3-2004)]

(i) when the amount or value does not exceed Rs. 250;

[Ten Paise] [Substituted By S.O 130 (E), Dated 28-1-2004, For "Fifteen Naye Paise" (W.e.f. 1-3-2004)]

(ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000;

[Fifteen Paise] [Substituted By S.O 130 (E), Dated 28-1-2004, For "Twenty-Five Naye Paise" (w.e.f. 1 -3-2004)]

(iii) in any other case..........

The Same Duty as a Bill of Exchange (No. 13) For Same Amount Payable Otherwise Than One Demand (Substituted by Act 43 of 1923, Section 2, for the original Article 49.)].

(b) when payable otherwise than on demand..........

One rupee

50. PROTEST BY OF BILL OR NOTE.

that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a bill of exchange or promissory note.

One rupee.

51. PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the 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).

[Fifteen paise] [Substituted By S.O 130 (E), Dated 28-1-2004, For "Thirty paise" (W.e.f. 1-3-2004)]

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.

[One rupee] [Substituted By S.O 130 (E), Dated 28-1 -2004, For "Twenty rupees" (W.e.f. 1-3-2004)]

53. RECEIPT [as defined by Section 2(23)] for any money or other property the amount or value of which exceeds [five thousand rupees] [Substituted by the Finance (No. 2) Act, 2004 (23 of 2004), Section 117 (iii), for "five hundred rupees" (w.e.f. 10-9-2004)]

 

Exemption

Receipt-

(a) endorsed on or contained in any instrument duly stamped, [or any instrument exempted [Substituted by Act 18 of 1928, Section 2 and Sch. I, for "or exempted".] under the proviso to Section 3 (instruments exacted on behalf of the Government) [or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration-may, interest or annuity, or other periodical payment thereby secured;

 

(b) for any payment of money without consideration;

 

(c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or [in the States of Madras, Bombay and Andhra (Substituted by the Andhra (Adaptation of Laws on Union Subjects) Order, 1954, for "In the Presidencies of Fort St. George and Bombay".)] [as they existed immediately before the 1st No-

 

vember, 1956 (Inserted by the Adaptation of Laws (No. 2) Order, 1956.)] of inam lands;

 

(d) for pay or allowances by non-commissioned [or petty (Inserted by Act 35 of 1934, Section 2 and Sch.)] officers, [soldiers, [sailors (Inserted by Act 35 of 1934, Section 2 and Sch.)] or airmen (Substitution by Act 10 of 1927, Section 2 and Sch. I, for "Her Majesty's Army or Her Majesty's Indian Army".)] of [the Indian (Substituted by A.O. 1950, for "His Majesty's".) military, [naval (Inserted by Act 35 of 1934, Section 2 and Sch.)] or air forces Substituted by Act 10 of 1927, Section 2 and Sch. I, for "Her Majesty's Army or her Majesty's Indian Army".)], 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 [or petty (Inserted by Act 35 of 1934, Section 2 and Sch.)] officer, [solider, [sailor (Inserted by Act 35 of 1934, Section 2 and Sch.)] or airmen (Substituted by Act 10 of 1927, Section 2 and Sch. I, for "either of the said force")], and serving in such capacity;

 

(f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such noncommissioned [or petty (Inserted by Act 35 of 1934, Section 2 and Sch.)] officers, [soliders, [sailors (Inserted by Act 35 of 1934, Section 2 and Sch.)] or airmen (Substituted by Act 10 of 1927, Section 2 and Sch. I, for "either of the said force")], and not serving the Government in any other capacity;

 

(g) given by a headman or lambardar for land-revenue or taxes collected by him;

 

(h) given for money or securities for money deposited in the hands of any banker, to be accounted for:

Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for:

Provided also that this exemption shall not extend to a receipt or acknowledgment for any sum paid or deposited for or upon letter of allotment of a share, or in respect of a call upon any scriptt or share of, or in any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security.

[See also POLICY OF INSURANCE [No. 47-B(2) ]. [Inserted by Act 5 of 1906, Section 7.] [One rupee] [Substituted by Act 32 of 1994, S. 99, for "twenty rupees" (w.e.f. 13-5-2004).]

 

54. RECONVEYANCE OF MORTGAGED PROPERTY-

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

Ten rupees.

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

(b) in any other case.......

 

55. RELEASE, that is to say. any instrument [(not being such a release as is provided for by Section 23-A) (Inserted by Act 15 of 1904, Section 8)] whereby a person renounces a claim upon another person or against any specified property-

The same duty as a Bond (No. 15) for such amount or value as set forth in the Release.

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

Five rupees.

The same duty as a Bond (No. 15) for the amount of the loan secured.

(b) in any other case.........

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

 

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

 

57. SECURITY-BOND OR MORTGAGE DEED executed by wav 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,-

The same duty as a Bond (No. 15) for the amount of the loan secured.

Five rupees.

(a) when the amount secured does not exceed Rs. 1,000;

(b) in any other case..........

 

Exemptions

 

Bond or other instrument, when executed-

(a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Beng. Act 3 of 1876), Section 99, for the due performance of their duties under that Act;

 

(b) by any person for the purpose of guaranteeing that the local income derived from private subscripttions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensum;

 

(c) under No. 3-A of the rules made by the [State Government (Substituted by A.O.1937, for "Governor of Bombay in Council".

 

(d) executed by persons taking advances under the Land Improvement Loans, Act, 1883 (19 of 1883), or the Agriculturists' Loans Act, 1884 (12 of 1884), or by their sureties, as security for the repayment of such advances;

 

(e) |executed by officers of [the [Government (Substituted by A.O. 1950, for "Crown".)] (Substituted by A.O. 1937, for "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 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.

58. SETTLEMENT-

A.- INSTRUMENT OF (including a deed of dower),

Exemptions

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.

(a) Deed of dower executed on the occasion of a marriage between Muhammadans. [(Exemption (b) omitted by A.O.1937.)]

B.- REVOCATION OF............

See also TRUST (No. 64)

[One and a half times (Substituted by Act 6 of 1910, Section 3, for "Three-quarters of")] the duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specifies in the warrant.

59. SHARE WARRANTS to bearer issued under the (Now see the Companies Act, 1956 (1 of 1956)) Indian Companies Act, 1882 (6 of 1882).

 

Exemptions

Share warrant when issued by a company in pursuance of the (Now see the Companies Act, 1956(1 of 1956)) Indian Companies Act, 1882 (6 of 1882), Section 30, to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue, of-

(a) [one and a half (Substituted by Act 6 of 1910, Section 3, for "three-quarters")] 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 capi-

 

tal-[one and half] [Substituted by Act 6 of 1910, Section 3, for "three-quarters".] per centum of the additional capital so issued.

 

SCRIP. See CERTIFICATE (No. 19).

One anna.

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

 

61. SURRENDER OF LEASE-

The duty with which such lease is chargeable. Five rupees.

(a) when the duty with which the lease is chargeable does not exceed five rupees; (b) in any other case..........

 

Exemption

 

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

The duty with which such lease is chargeable. Five rupees.

 

62. TRANSFER (whether with or without consideration)-

[Twenty-five pasie] [Substituted by S.O. 130(E), dated 28-1-2004, for "Fifty nayepaise"(w.e.f. 1-3-2004)]for every hundred rupees or part hundred rupees or part thereof of the value of the share:

[(a) of shares in an incorporated company or other body corporate;] [Substituted by Act 43 of 1955, Section 7, for the original clause (w.e.f. 1-4-1956)]


Provided that rates of stamp duty specifies in column (2) on Bills of Exchange for items (b) and (c) in Article 13 and on promissory note for item (b) of Article 49 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporations, Commercial Banks and Cooperative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule I of the Indian Stamp Act, 1899 (2 of 1899).

Explanation 1.- For the purposes of the proviso-

(a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations;

(b) "crops" include products of agricultural operations;

(c) the expression "marketing of crops" includes the processing of crops prior to marketing by agricultural producers or any organization of such producers.

Explanation 2.- The duty chargeable shall, wherever necessary, be rounded off to the next five paise. [Substituted by Act 43 of 1955, Section 7, for the original clause (w.e.f. 1-4-1956))

[One-half] [Substituted by Act 6 of 1910, Section 2, for "One-quarter".] of the duty payable on a Conveyance (No. 23) for a consideration equal to the face amount of the debenture.

(b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for the Section 8;

 

(c) of any interest secured by a bond, mortgage-deed or policy of insurance,-

The duty with which such bond, mortgage-deed or policy of insurance is chargeable.

(i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees;

Five rupees.

(ii) in any other case.........

Ten rupees.

(d) of any property under the (Substituted by Act 6 of 1910, Section 3, for "One-quarter".) Administrator General's Act, 1874 (2 of 1874), Section 31;

Five rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this article.

(e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary.

 

Exemptions

 

Transfers by endorsement-

(a) of a bill of exchange, cheque of 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.

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

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

 

Exemption

 

Transfer of any lease exempt from duty.

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.

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 instrument but not exceeding fifteen

B.- REVOCATION OF-of, or concerning, any property when made by any instrument other than a WILL.

See also SETTLEMENT (No. 58)

Schedules:-I - II

rupees. 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.

 

 

VALUATION. See APPRAISEMENT (No. 8)

VAKIL. See ENTRY AS A VAKIL (No. 30).

Four annas.

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








  
 






























priyanka (regulatory analyst)     25 January 2012

could anyone tell the what is the rate of stamp duty on allotment of shares of the company whose registered office is situated in Gurgaon, haryana??

 

Please help. itz urgent


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