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[Cites 0, Cited by 7] [Entire Act]

State of Karnataka - Section

Section 30 in Karnataka Stamp Act, 1957

30. Duties by whom payable.

- In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,-
(a)in the case of any instrument described in any of the following Articles of the Schedule, namely
No. 2 (Administration Bond),
No. 6 (Agreement relating to deposit of title deeds, pawn or pledge)
No. 12 (Bond),
No. 13 (Bottomry Bond),
No.[23] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Customs Bond),
No.[27] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Further Charge),
No.[29] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Indemnity Bond),
No.[34] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Mortgage Deed),
No.[45] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Release),
No.[46] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Respondentia Bond),
No.[47] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Security Bond or Mortgage Deed).
No.[48] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (Settlement),
No.[52] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (a) (Transfer of Debentures, being marketable securities,whether the debenture is liable to duty or not),
No.[52] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (b) (Transfer of any interest secured by a bond, mortgage deedor policy of insurance), by the person drawing, making orexecuting such instrument;
(b)in the case of a conveyance (including a reconveyance of mortgaged property) by the grantee; in the case of a lease or agreement to lease-by the lessee or intended lessee;
(c)in the case of a counterpart of lease-by the lessor;
(ca)[ in the case pf power of attorney by the principal;] [Inserted by Act 24 of 1999 w.e.f. 18.8.1999]
(d)in the case of an instrument of exchange-by the parties in equal shares;
(dd)[ in the case of a certificate of enrollment in the roll of advocates maintained by the State Bar Council-by the Advocate enrolled;] [Inserted by Act 29 of 1962 w.e.f. 1.10.1962]
(e)in the case of a certificate of sale-by the purchaser of the property to which such certificate relates; and
(f)in the case of an instrument of partition-by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs.
["(g) in the case of an acknowledgment of debt [Art. 1(i)] - by the Debtor; [Inserted by Act 17 of 2017 w.e.f.01.04.2017]
(h)in the case of an acknowledgment of a letter, article, etc., [Art. 1(ii)] - by the Person owning the letter, article etc.,;
(i)in the case of an adoption deed [Art.3]- by the adopter;
(j)in the case of an affidavit [Art.4] - by the executant;
(k)in the case of an agreement for sale of bill of exchange [Art.5(a)]- by the Purchaser;
(l)in the case of an agreement for purchase or sale of a Government security [Art.5(b)]- by the purchaser;
(m)in the case of an agreement for purchase or sale of shares, stocks [Art.5(c)]- by the purchaser;
(n)in the case of an agreement for transaction of lease-cum- sale[Art.5(d)] - by the lessee;
(o)in the case of any instrument of lease-cum-sale effected by the Bengaluru Development Authority or the Karnataka Housing Board [Art.5 (da)] - by the Lessee;
(p)in the case of agreement for sale of immovable property [Art.5(e)] - by the purchaser;
(q)in the case of agreement for construction or development of an immovable property [Art.5(f)] - by the developer;
(r)in the case of agreement for sale of movable property [Art. 5(g)]- by the purchaser;
(s)in the case of agreement to mortgage [Art. 5(h)]- by the mortgager;
(t)in the case of contract between the Depository Participant and client for opening de-mat account [Art.5 (i)] - by the client;
(u)in the case of agreement relating to contract between stock broker or sub broker and client (principal) for Stock Market operations [Art. 5 (i-a)] - by the client;
(v)in the case of agreement relating to advertisement or telecasting or broadcasting of programs for promotion and development of business [Art.5(i-b)] - by the advertiser;
(w)in the case of agreement relating to assignment or transfer of intellectual property rights [Art.5(i-c)] - by the assignee;
(x)in the case of agreement relating to building works or labour or services (works contracts) [Art.5 (i-d)] - by the person entrusting the works or availing the services;
(y)in the case of chit agreement [Art.5(i-e)] - by the chitster;
(z)in the case of agreement if not otherwise provided for [Art.5(j)] - by the executant;
(za)in the case of appointment in execution of a power [Art.-7] - by the executant;
(zb)in the case of appraisement or valuation [Art.-8] - by the person availing the services;
(zc)in the case of apprenticeship deed [Art.-9] - by the apprentice;
(zd)in the case of articles of association of a company [Art.-10] - by the company;
(ze)in the case of award [Art.-11] - by the awardee;
(zf)in the case of cancellation of instruments [Art.-14] - by the executant;
(zg)in the case of certificate or other document evidencing the title of the holder thereof or any other person, either to any share, scrip or stock [Art.-16]- by the company issuing share, scrip or stock;
(zh)in the case of charter-party [Art.-18]- by the charterer or shipper;
(zi)in the case of clearance list [Art.18-A]- by the investors;
(zj)in the case of composition deed [Art.19]- by the debtor;
(zk)in the case of copy or extract [Art.21]- by the applicant;
(zl)in the case of counterpart or duplicate [Art.22]- by the person who paid the stamp duty on the original document;
(zm)in the case of delivery order in respect of goods [Art.24] - by the importer;
(zn)in the case of divorce deed of marriage [Art.25]- by the divorcer;
(zo)in the case of gift deed [Art.28]- by the donee;
(zp)in the case of letter of allotment of shares, in any company [Art.31]- by the company;
(zq)in the case of letter of licence [Art.32] - by the debtor;
(zr)in the case of licence of immovable or movable property [Art.32-A] - by the licensee;
(zs)in the case of memorandum of association of a company [Art.33] - by the company;
(zt)in the case of mortgage of a crop [Art.35] - by the mortgagor;
(zu)in the case of Notarial act [Art.36] - by the applicant;
(zv)in the case of Note or Memorandum or record of transactions (electronic or otherwise) - Sent by a broker or agent [Art.37]- by the Investors;
(zw)in the case of Note of protest by the master of a ship [Art.38]- by the charterer or shipper or the consignee or the importer as the case may be;
(zx)in the case of partnership- instrument of constitution [Art.40(A)] - by the partnership firm;
(zy)in the case of partnership- instrument of reconstitution [Art.40(B)] - by the partnership firm;
(zz)in the case of partnership - instrument of dissolution [Art.40-(C)(a)] - by the outgoing partner to whom the property is allotted;
(zza)in any other case [Art.40-(C)(b)]- by the partnership firm;
(zzb)in the case of limited liability partnership [Art.40-A]- by the limited liability partnership;
(zzc)in the case of protest of bill or note [Art.42] - by the beneficiary;
(zzd)in the case of protest by the master of a ship [Art.43]- by the charterer or shipper or the consignee or the importer as the case may be;
(zze)in the case of share warrants, to bearer issued under the Companies Act. [Art.49]- by the company;
(zzf)in the case of shipping order [Art.50]- by the shipper;
(zzg)in the case of surrender of lease [Art.51]- by the lessee;
(zzh)in the case of transfer- of any property under section 25 of the Administrator General Act, 1963 [Art.52-(c)]- by the beneficiary;
(zzi)in the case of transfer- of any trust property [Art.52-(d)]- by the trust or trustee or beneficiary as the case may be;
(zzj)in the case of transfer of lease [Art.53] - by the transferee;
(zzk)in the case of transfer of licence [Art.53-A]- by the transferee;
(zzl)in the case of Trust- declaration of or concerning, any property [Art.54]- by the author of the Trust; and
(zzm)in the case of warrant for goods [Art.55]- by the owner of the goods;"]