| Description of Instrument |
Paper Stamp Duty |
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2 |
| 1.ACKNOWLEDGEMENT of |
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(1) [] a debt written or signed by, or on behalf of, a debtorin order to supply evidence of such debt in any book (other thana banker's pass book) or on a separate piece of paper when suchbook or paper is left in the creditor's possession, and theamount or value of such debt-
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| (a)[***] |
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| (b)[***] |
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(c) exceeds rupees 5,000 butdoes not exceed rupees 10,000; and,
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One rupee. |
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(d) for every rupees 10,000 orpart thereof in excess of rupees 10,000.
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One rupee subject to a maximum of[One hundredrupees]
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(2) [ a letter, article, document, parcel, package orconsignment of any nature or description whatsoever or bywhatever name called, given by a person, courier company, firm orbody of persons whether incorporated or unincorporated to thesender of such letter, article, document, parcel, package orconsignment.
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One rupee for every rupees one hundred or partthereof of the amount charged therefor]
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| STAMPS TO BE USED – Adhesive Under Section 11 |
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2.ADMINISTRATION BOND, including a bond givenunder section 6 of the Government Savings Banks Act, 1873 (V of1873) or the Indian Succession Act, 1925, (XXXIX of 1925)–
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(a) where the amount does notexceed rupees 2,500;
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The same duty as Bond (Article 13) for such amount. |
| (b) in any other case. |
[One hundred rupees.] |
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STAMPS TO BE USED – Non-Judicial Stamp Paper (NJ) underRule 6 or Impressed Label/Special Adhesive Stamp affixed byProper Officer under Rule 11.
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3.ADOPTIONDEED, that is to say, any instrument (other than a Will)recording an adoption or conferring or purporting to confer anauthority to adopt.
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[Two hundred rupees.] |
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STAMPS TO BE USED – Non-Judicial Stamp Paper (NJ) underRule 6 or Impressed Label/Special Adhesive Stamp affixed byProper Officer under Rule 11.
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4.AFFIDAVIT, that is to say, a statement in writingpurporting to be a statement of facts, signed by the personmaking it and confirmed by him on oath or; in the case of personsby law allowed to affirm or declare instead of swearing, byaffirmation.
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[One hundred rupees.] |
| Exemptions |
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Affidavit or declarationin writing when made–
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(a)as a condition of enrolment under the Air Force Act, 1950, (XLVof 1950) the Army Act, 1950 (XLVI of 1950) or the Navy Act, 1957(LXII of 1957);
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(b)for the immediate purposes of being filed or used in any Court orbefore the officer of any Court; or
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(c)for the sole purpose of enabling any person to receive anypension or charitable allowance.
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STAMPS TO BE USED – Non-Judicial Stamp Paper(NJ) under Rule 6 or Impressed Label/Special Adhesive Stampaffixed by Proper Officer under Rule 11.
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5.AGREEMENT ORITS RECORDS OR MEMORANDUM OF AN AGREEMENT –
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(a)if relating to the sale of a bill of exchange;
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0. [005 per cent of theamount of a bill of exchange] .
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(b)if relating to the purchase or sale of a Government security;
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[[0.005 per cent] of thevalue of security at the time of its purchase or sale, as thecase may be.]
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(c)if relating to the purchase or sale of shares, scrips, stocks,bonds, debentures, debenture stocks or any other marketablesecurity of a like nature in or of any incorporated company orother body corporate-
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(i)when such agreement or memorandum of an agreement is with orthrough a member or between members of Stock Exchange recognisedunder the Securities Contracts (Regulation) Act, 1956 (XLII of1956);
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0. [005 per cent] of thevalue of the security at the time of its purchase or sale, as thecase may be.
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(ii)in any other case;
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0. [005 per cent] of thevalue of the security at the time of its purchase or sale, as thecase may be.
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(d)if relating to the purchase or sale of cotton;
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[[0.005 per cent] ofthe value of cotton.]
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(e)if relating to the purchase or sale of bullion or species;
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[[0.005 per cent] ofthe value of silver or gold or sovereigns, as the case may be.]
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(f)if relating to purchase or sale of oil seeds;
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[[0.005 per cent] ofthe value of oil seeds.]
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(g)if relating to the purchase or sale of yarn of any kind,non-mineral oils or spices of any kind;
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[[0.005 per cent] ofthe value of yarn of any kind, non-mineral oil or spices of anykind, as the case may be.]
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[(g-a)[(i)] if relating to giving authority or power to a promoter ora developer, by whatever name called, for construction on,development of or, sale or transfer (in any manner whatsoever)of, any immovable property.]
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[The same duty as isleviable on a conveyance under clauses (b)[or (c)] , as thecase may be, of Article 25, on the market value of the property:]
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Provided that, theprovisions of section 32A shall,mutatis mutandis, apply to suchagreement, records thereof or memorandum, as they apply to aninstrument under that section:
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Provided further that,if the proper stamp duty is paid under clause (g) of article 48on a power of attorney executed between the same parties inrespect of the same property then, the stamp duty under thisarticle shall be one hundred rupees.
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(ii) [if relating to the purchase of one or more units in any scheme orproject by a person from a developer:
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Same duty as is leviableon conveyance under clause (a), (b)[or (c)] , as the case maybe, of article 25 on the market value of the unit,];
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Provided that, onconveyance of property by the person, under an agreement underthis sub-clause to the subsequent purchaser, the duty chargeablefor each unit under this sub-clause shall be adjusted against theduty chargeable under Article 25 (conveyance) after keeping thebalance of one hundred rupees, if such transfer or assignment ismade[Within a period of one year] from the date of theagreement. If on adjustment, no duty is required to be paid, thenthe minimum duty for the conveyance shall be rupees one hundred.
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Explanation.—For the purposes of this sub-clause, the unit shall include aflat, apartment, tenement, block or any other unit by whatevername called, as approved by the Competent Authority in thebuilding plan.
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[(g-b) ***]
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[(g-c) ***]
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[(g-d)if relating to transfer of tenancy of immovable property, forevery square metre of the area of the tenanted property the rightof tenancy in which is the subject matter of transfer andsituated within the limits of-]
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(i)the Municipal Corporation of Greater Bombay–
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(A)for the purpose of non-residential use of any nature whatsoever;
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[The same duty as ispayable under Article 60] .
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(B) [for the purpose of residential use; [[Entry 'B' was substituted by Maharashtra 15 of 2011, Section 2(a)(viii)(A)(2) (w.e.f. 16.9.2011).Prior to substitution read as under-(B) for the purpose of resident use, Two hundred rupees.]]
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(1)having area upto 27.88 square metres (300 square feet);
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Two hundred rupees. |
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(2)having area more than 27.88 square metres (300 sqaure feet);
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The same duty as ispayable under Article 60].
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(ii)the Municipal Corporations of the Cities of Thane, Pune, Nagpurand Navi Mumbai –
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(A)for the purpose of non-residential use of any nature whatsoever
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[The same duty as ispayable under Article 60] .
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(B) [for the purpose of residential use; [[Entry B was substituted by Maharashtra 15 of 2011, Section 2(a)(viii)((B)(2) (w.e.f. 16-9-2011).Prior to substitution read as under-(B) for the purpose of residential use, One hundred rupees.]]
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(1)having area upto 27.88 square metres (300 square feet);
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One hundred rupees |
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(2)having area more than 27.88 squares metres (300 square feet);
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The same duty as ispayable under Article 60].
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(iii) [any Municipal Corporations other than those MunicipalCorporations mentioned in columns (i) and (ii)–
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(A)for the purpose of non-residential use of any nature whatsoever;
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[The same duty as ispayable under Article 60] .
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(B) [for the purpose of residential use;
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(1)having area upto 27.88 square metres (300 square feet);
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Fifty rupees. |
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(2)having area more than 27.88 square metres (300 square feet)]
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The same duty as ispayable under Article 60.]
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[(g-e)if relating to hire-purchase
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Same duty as is payableunder Article 36.]
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Explanation I.–[* * *] [[Explanation I and II were inserted by Maharashtra Tax Laws (Levy and Amendment) Act, Maharashtra 29 of 1994, to which Explanation I was not brought into force and Explanation II which was brought into force w.e.f. 1-5-1994 was deleted by Maharashtra 38 of 1994 (w.e.f. 17.8.1994).Explanation I. - For the purpose of clauses (g-a) and (g-c), the provisions of section 32A shall apply mutatis mutandis to such agreement, records thereof or memorandum as they apply to an instrument under that section.Explanation II. - For the purpose of clauses (g-a) and (g-b), where subsequently conveyance or mortgage, as the case may be, is executed in pursuance of such agreement or record thereof or memorandum, the stamp duty, if any, already paid and recovered on the agreement or record thereof or memorandum shall be adjusted towards the total duty leviable on the conveyance or mortgage, as the case may be.]]
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Explanation II.–[* * *] [[Explanation I and II were inserted by Maharashtra Tax Laws (Levy and Amendment) Act, Maharashtra 29 of 1994, to which Explanation I was not brought into force and Explanation II which was brought into force w.e.f. 1-5-1994 was deleted by Maharashtra 38 of 1994 (w.e.f. 17.8.1994).Explanation I. - For the purpose of clauses (g-a) and (g-c), the provisions of section 32A shall apply mutatis mutandis to such agreement, records thereof or memorandum as they apply to an instrument under that section.Explanation II. - For the purpose of clauses (g-a) and (g-b), where subsequently conveyance or mortgage, as the case may be, is executed in pursuance of such agreement or record thereof or memorandum, the stamp duty, if any, already paid and recovered on the agreement or record thereof or memorandum shall be adjusted towards the total duty leviable on the conveyance or mortgage, as the case may be.]]
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(h) [(A)If relating to, –
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(i)any advertisement on mass media, made for promotion of anyproduct; or programme or event with an intention to make profitsor business out it,–
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(a)if the amount agreed does not exceed rupees ten lakhs;
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Two rupees and fiftypaise for every rupees 1,000 or part thereof on the amount agreedin the contract subject to minimum of rupees 100.
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(b)in any other case
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Five rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.
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(ii)conferring exclusive rights of telecasting, broadcasting orexhibition of an event or a film, –
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(a)if the amount agreed does not exceed rupees ten lakhs;
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Two rupees and fiftypaise for every rupees 1,000 or part thereof on the amount agreedin the contract subject to minimum of rupees 100.
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(b)in any other case
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Five rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.
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(iii)specific performance by any person or a group of persons wherethe value of contract exceed rupees 1,00,000,–
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(a)if the amount agreed does not exceed rupees ten lakhs;
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Two rupees and fiftypaise for every rupees 1,000 or part thereof on the amount agreedin the contract subject to minimum of rupees 100.
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(b)in any other case
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Five rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.
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(iv)creation of any obligation, right or interest and having monetaryvalue, but not covered under any other article,-
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(a)if the amount agreed does not exceed rupees ten lakhs;
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One rupee for everyrupees 1,000 or part thereof on the amount agreed in the contractsubject to minimum of rupees 100.
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(b)in any other case
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Two rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.
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(v)assignment of copyright under the Copyright Act, 1957,-
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(a)if the amount agreed does not exceed rupees ten lakhs;
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Two rupees and fiftypaise for every rupees 1,000 or part thereof on the amount agreedin the contract subject to minimum of rupees 100.
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(b)in any other case
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Five rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.
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(vi)Project under Built, Operate and Transfer (BOT) system, whetherwith or without toll or free collection rights,-
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(a)if the amount agreed does not exceed rupees five lakhs;
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One rupees for everyrupees 1,000 or part thereof on the amount agreed in the contractsubject to minimum of rupees 100.
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(b)in any other case
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Two rupees for everyrupees 1,000 or part thereof on the amount agreed in thecontract.]
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(B)if not otherwise provided for,
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Explanation. –No duty shall be chargeable on agreements or its record coveredunder sub-clauses (b) and (c) of this article, if proper duty ispaid under article 51A.]
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One hundred rupees. |
| Exemptions |
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Agreement or its recordsor Memorandum of Agreement–
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(a)for or relating to the purchase or sale of goods or merchandiseexclusively, not being an agreement or memorandum of agreementchargeable under entry (d), entry (e), entry (f) or entry (g) ofthis Article or a note or memorandum chargeable under Article 43;
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(b)[** *]
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| (c)[* * *] |
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AGREEMENT TO LEASE : SeeLease (Article 36).
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STAMPS TO BE USED – Non-Judicial StampPaper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stampaffixed by Proper Officer under Rule 11.
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| for Article 5 (g-a) & (g-d) |
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for Article 5 (a) to (g) adhesive under section11
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| for Article 5 (h) impressed stamp under Rule 6 |
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6.AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN, PLEDGE, ORHYPOTHECATION, that is to say, any instrument evidencing anagreement relating to–
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(1) [ The deposit of title deeds or instrument constituting orbeing evidence of the title to any property whatever (other thana marketable security), where such deposit has been made by wayof security for the repayment of money advanced or to be advancedby way of loan or an existing or future debt;
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(a) if the amount secured by such deed does not exceed rupeesfive lakhs;
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One rupee for every onethousand or part thereof for the amount secured by such deedsubject to the minimum of one hundred rupees.
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| (b) in any other case |
Two rupees for everyrupees 1,000 or part thereof for the amount secured by such dee.
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(2) The pawn, pledge, or hypothecation of movable property, wheresuch pawn, pledge or hypothecation has been made by way ofsecurity for their repayment of money advanced or to be advancedby way of loan or an existing or future debt,
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(a) if the amount secured by such deed does not exceed rupeesFive lakhs;
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One rupee for every onethousand or part thereof for the amount secured by such deedsubject to the minimum of one hundred rupees.
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| (b) in any other case |
Two rupees for veryrupees 1,000 or part thereof for the amount secured by suchdeed.]
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[Explanation I.] – For the purposes of clause (1) ofthis Article, notwithstanding anything contained in anyjudgement, decree or order of any court or order of anyauthority, any letter, note, memorandum or writing relating tothe deposit of title deeds whether written or made either beforeor at the time when or after the deposit of title deeds iseffected, and whether it is in respect of the security for thefirst loan or any additional loan or loans taken subsequently,such letter, note, memorandum or writing shall, in the absence ofany separate agreement or memorandum of agreement relating todeposit of such title deeds, be deemed to be an instrumentevidencing an agreement relating to the deposit of title deeds.
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[ExplanationII. – * * * ]
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| Exemption |
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| (1)[* * *] |
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| (2) Letter of hypothecation accompanying a bill of exchange. |
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STAMPS TO BE USED – Non-Judicial Stamp Paper(NJ) under Rule 6 or Impressed Label/Special Adhesive Stampaffixed by Proper Officer under Rule 11.
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7.APPOINTMENT IN EXECUTION OF A POWER; where made by anywriting not being a will–
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| (a) of trustees, |
[One hundred rupees.] |
| (b) of property movable or immovable. |
[Twohundred and fifty rupees.]
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STAMPS TO BE USED– Non-Judicial Stamp Paper (NJ) under Rule 6 or ImpressedLabel/Special Adhesive Stamp affixed by Proper Officer under Rule11.
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8.APPRAISEMENT OR VALUATION, made otherwise than under an orderof the court in the course of a suit.
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Same duty as per Bond(Article 13) subject to maximum of[One hundred rupees.]
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| Exemption |
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(a) Appraisement on valuation made for the information of oneparty only, and not being in any manner obligatory betweenparties either by agreement or operation of law.
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(b) Appraisement of crops for the purpose of ascertaining theamount to be given to a landlord as rent.
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Stampsto be Used – Non-Judicial Stamp Paper (NJ) under Rule 6 orImpressed Label/Special Adhesive Stamp affixed by Proper Officerunder Rule 11.
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9.APPRENTICESHIP DEED, including every writing relating to theservice or tuition of any apprentice clerk or servant, placedwith any master to learn any profession, trade or employment, notbeing of articles of clerkship (Article 11).
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[One hundred rupees] |
| Exemption |
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Instrumentof apprenticeship executed under the Apprentices Act, 1961, or bywhich a person is apprenticed by or at the charge of any publiccharity.
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STAMPS TO BE USED– Non-Judicial Stamp Paper (NJ) under Rule 6 or ImpressedLabel/Special Adhesive Stamp affixed by Proper Officer under Rule11.
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| 10.ARTICLES OF ASSOCIATION OF A COMPANY– |
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[Wherethe Company has no share capital] or nominal share capital orincreased share capital.
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One thousand rupees forevery rupees, 5,00,000 or part thereof,[subject to a maximum ofRs. 50,00,000] .
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| Exemption |
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Articlesof any association not formed for profit and registered undersection 25 of the Companies Act, 1956 [See also Memorandum ofAssociation of a Company (Article 39)].
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STAMPS TO BE USED– Non-Judicial Stamp Paper (NJ) under Rule 6 or ImpressedLabel/Special Adhesive Stamp affixed by Proper Officer under Rule11.
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No.Mundrak. 1094/2229/CR-450-MI, dated 2nd August, 1994 – Inexercise of the powers conferred by clause (a) of section 9 ofthe Bombay Stamp Act, 1958 (Bombay LX of 1958), the Government ofMaharashtra, having satisfied that it is necessary to do so inthe public interest, hereby reduces, with effect from the 1stAugust, 1994, the maximum duty chargeable on Articles ofAssociation of a Company under Article 10 of Schedule I of thesaid Act, to Rs. Twenty-five lakhs.
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11.ARTICLES OF CLERKSHIP or contract whereby any person firstbecomes bound to serve as a clerk in order to his admission as anAttorney in any High Court.
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[Seven hundred and fiftyrupees.]
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ASSIGNMENT,[See development agreement (Article 5(g-a) Conveyance] (Article25), Transfer (Article 59) and Transfer of lease (Article 60), asthe case may be.
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ATTORNEY,See entry as an Attorney (Articles 31) and Power of Attorney(Article 48).
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AUTHORITYTO ADOPT, See Adoption Deed (Article 3).
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STAMPS TO BE USED – Non-Judicial StampPaper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stampaffixed by Proper Officer under Rule 11.
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12.AWARD, that is to say, any decision in writing by an arbitratoror umpire, on a reference made otherwise than by an order of theCourt in the course of a suit, being an award made as a result ofa written agreement to submit, present or future differences toArbitration but not being an award directing a partition–
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(a) on the amount of value of the property to which the awardrelates as set forth in the award.
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The same duty as Bond(Article 13), subject to a minimum of[One hundred rupees.]
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| (b) in any other case. |
[One hundred rupees.] |
| Exemption |
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Awardunder section 18 of the Bombay Hereditary Offices Act, 1874(Bombay III of 1874) or section 330 of the MaharashtraMunicipalities Act, 1965 (Maharashtra XL of 1965).
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STAMPS TO BE USED – Non-Judicial StampPaper under Rule 6 or Special Adhesive Stamp affixed by ProperOfficer under Rule 11.
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13.BOND not being a debenture and not being otherwise providedfor by any provisions of this Act (whether or not such provisionsrelate to any particular types of Bonds), or by the BombayCourt-fees Act, 1959 (Bombay XXXVI of 1959) for every rupees fivehundred or part thereof.
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[Five rupees subject toa minimum of rupees one hundred]
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| Exemption |
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Bondwhen executed by any person for the purpose of guaranteeing thatthe local income derived from private subscriptions or acharitable dispensary or hospital or any other object of publicutility shall not be less than a specified sum per mensem.
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STAMPS TO BE USED– Non judicial Stamp Paper under Rule 6 or Special Adhesive Stampaffixed by Proper Officer under Rule 11.
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14.BOTTOMRY BOND, that is to say, any instrument whereby the masterof a seagoing ship borrows money on the security of the ship toenable him to preserve the ship or prosecute her voyage.
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The same duty as a Bond(Article 13) for the same amount.
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STAMPS TO BE USED – Non judicial Stamp Paperunder Rule 6 or Special Adhesive Stamp affixed by Proper Officerunder Rule 11.
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15.CANCELLATION – Instrument of, if attested andnot otherwise provided for.
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[One hundred rupees.] |
| Exemption |
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Instrumentrevoking a Will.
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STAMPS TO BE USED – Non-Judicial Stamp Paperunder Rule 6 or Special Adhesive Stamp affixed by Proper Officerunder Rule 11.
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16.CERTIFICATE OF SALE (in respect of each property put up as aseparate lot and sold) granted to the purchaser of any propertysold by public auction by a Civil or Revenue Court, or Collectoror other Revenue Officer or any other officer empowered by law tosell property by public auction.
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The same duty as isleviable on a Conveyance under clause (a), (b)[or (c)] as thecase may be, of Article 25 on the market value of the property.
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STAMPS TO BE USED – Non-Judicial Stamp Paperunder Rule 6 or Special Adhesive Stamp affixed by Proper Officerunder Rule 11.
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[17.CERTIFICATE OR OTHER DOCUMENT, evidencing the right or title ofthe holder thereof, or any other person either to any shares,scrip or stock in or of, any incorporated company or other bodycorporate, or to become proprietor of share, scrip or stock in orof, any such company or body.
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One rupee for every onethousand rupees or a part thereof, of the value of the shares,scrip or stock.]
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| [See also Letter of Allotment of Shares (Article 37)]; |
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Explanation. –For the purposes of this Article, the value of shares, scrip orstock includes the amount of premium, if any.
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STAMPS TO BE USED – Adhesive Stamp (Section11). In Case Duty Exceeding Re. 1 by Impressed Stamp Fixed byProper Officer
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18.CHARTER-PARTY, that is to say, any instrument (except anagreement for the hire of tug steamer) whereby a vessel or somespecified principal part thereof is let for the specifiedpurposes of the charterer; whether it includes a penalty clauseor not.
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[One hundred rupees] |
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STAMPS TO BE USED– Non-Judicial Stamp Paper under Rule 6 or Special AdhesiveStamp affixed by Proper Officer under Rule 11.
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19.(1) CLEARANCE LIST relating to the transactions for the purchaseor sale of Government securities submitted to the clearing houseof a stock exchange.
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The sum of dutiespayable under Article 5(b) or 43(g), as the case may be, inrespect of each of the entries in such list on the value of thesecurities calculated at the making up price or the contractprice, as the case may be.
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(2) CLEARANCE LIST, relating to the transactions for the purchaseor sale of a share, scrip, stock, bond, debenture, debenturestock or other marketable security of a like nature in or of anincorporated company or other body corporate, submitted to theclearing house of a stock exchange recognised under theSecurities Contracts (Regulation) Act, 1956, (XLIII of 1956).
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The sum of dutiespayable under Article 5(c) (I) or 43(f) as the case may be, inrespect of each of the entries in such list on the value of thesecurities calculated at the making up price or the contractprice, as the case may be.
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(3) CLEARANCE LIST, relating to the transactions for the purchaseor sale of a share, scrip, stock, bond, debenture, debenturestock or other marketable security of a like nature in or of anincorporated company or body corporate, submitted to the clearinghouse of a stock exchange, not recognised under the SecuritiesContract (Regulation) Act, 1956, (XLIII of 1956).
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The sum of dutiespayable under Article 5(c)(ii) or 43(f), as the case may be, inrespect of each of the entries in such list on the value of thesecurities calculated at the making up price, as the case may be.
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STAMPS TO BE USED – Impressed Labels(Rule 11) or Special Adhesive Stamp affixed by Proper Officerunder Rule 19.
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20.CLEARANCE LIST, relating to the transactions for the purchase orsale of cotton submitted to the clearing house of a CottonAssociation.
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The sum of dutiespayable under Article 5(d) or 43(a), as the case may be, inrespect of each of the entries in such list on the units oftransactions or part thereof.
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Stamps to beUsed – Impressed Labels (Rule 11) or Special Adhesive Stampaffixed by Proper Officer under Rule 19.
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21.CLEARANCE LIST, relating to the transactions for the purchase orsale of bullion or species submitted to the clearing house of aBullion Association.
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The sum of dutiespayable under Article 5(e) or 43(b), as the case may be, inrespect of each of he entries in such list on the units oftransactions or part thereof.
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STAMPS TO BE USED– Impressed Labels (Rule 11) or Special Adhesive Stampaffixed by Proper Officer under Rule 19.
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22.CLEARANCE LIST, relating to the transaction for the purchase orsale of oil seeds submitted to the clearing house of an Oil seedAssociation.
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The sum of dutiespayable under Article 5(f) or 43(c), as the case may be, inrespect of the entries in such list on the units of transactionsor part thereof.
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STAMPS TO BE USED – Impressed Labels(Rule 11) or Special Adhesive Stamp affixed by Proper Officerunder Rule 19.
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23.CLEARANCE LIST, relating to the transactions for the purchase orsale of yarn of any kind, non-mineral oils or spices of any kind.
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The sum of dutiespayable under Article 5(g) or 43(d), as the case may be, inrespect of each of the entries in such list on the units oftransactions or parts thereof.
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STAMPS TO BE USED – Impressed Labels(Rule 11) or Special Adhesive Stamp affixed by Proper Officerunder Rule 19.
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24.COMPOSITION DEED, that is to say, any instrument executed bya debtor whereby he conveys his property for the benefit of hiscreditors or whereby payment of a composition or dividend ontheir debts is secured to the creditors, or whereby provision ismade for the continuance of the debtor's business under thesupervision of inspectors or under letters of licence for thebenefit of his creditors.
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[Two hundred rupees.] |
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STAMPS TO BE USED– Non-Judicial Stamp Paper under Rule 6 or ImpressedLabel/Special Adhesive Stamp affixed by Proper Officer under Rule11.
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25. [Conveyance (not being a transfer charged or exempted underArticle 59)–] [[Validation of duty levied and collected.(1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary or in the Stamp Act, stamp duty assessed, levied and collected including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in the Schedule 1 to the Stamp Act shall be deemed to hay' been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 1997, had been continuously in force at all material time and accordingly:-(a) all actions, proceedings or things done or taken by the authorities under the Stamp Act in connection with the levy and collection of the stamp duty shall, for all purposes, be deemed to have been done or taken in accordance with the provisions of the said Act;(b) no suit or other proceedings shall be maintainable or continued In any court, against the said authorities for the refund of the stamp duty so levied and collected;(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected.(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,-(a) from questioning in accordance with the provisions of the Stamp Act as amended by this Amendment Act, any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or(b) from claiming refund of any stamp duly paid by him under the Stamp Act, in excess of the amount due from him by way of stamp duty under the said Act, as amended by this Amendment Act.[The Maharashtra Tax Laws (Levy, Amendment and Validation) Act 30 of 1997, Section 9 (w.e.f 15-5-1997).]]
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Onthe[true market value] of the property which is the subjectmatter of the Conveyance,–
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(a) if relating to movable property, for every rupees 500 orpart thereof;
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Fifteen rupees. |
| (b) [ if relating to immovable property situated,– |
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(i) within the limits of any Municipal Corporation or anyCantonment area annexed to it or any urban area not mentioned insub-clause (ii).
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5 per cent. of themarket value of the property.
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(ii) within the limits of any Municipal Council or NagarPanchayat or Cantonment. area annexed to it, or any rural areawithin the limits of the Mumbai Metropolitan Region DevelopmentAuthority, or the Influence Areas as per the annual statement ofrates published under the Bombay Stamp (Determination of TrueMarket Value of Property) Rules, 1995.
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[5 Per cent.] of the market value of the property. |
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(iii) within the limits of any Gram panchayat area or any such areanot mentioned in sub-clause (ii).
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[4 Per cent.] of the market value of the property. |
| (c) if relating to both movable and immovable property. |
The same duty as is payable under clauses (a) and (b). |
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(d) [ * * *] [[Clause (d) deleted by Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2012, (ii), (w.e.f. 25-4-2012)Prior to omission the clause read as under:-(d) (1) - if relating to residential premises consisting of building or unit - -- (A) by, or in favour of, a co-operative housing society registered or deemed to have been registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961); or -- (B) to which the provisions of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963, (Maharashtra XLV of 1963) or the provisions of the Maharashtra Apartment Ownership Act, 1970, (Maharashtra XV of 1971) apply; or -- (C) by such society in favour of its member or incoming member (whether in consequence of purchase of its shares or not); or -- (D) by a member of such society in favour of another member and incoming member (whether in consequence of transfer of its shares to another member or not); -- and the value of which- -- (i) does not exceed rupees 2,50,000. - One hundred rupees- (ii) [* * *] -- (iii) exceeds rupees 2,50,000 but does not exceed rupees 5,00,000. - 100 rupees plus 3 per cent of the value above rupees 2,50,000- (iv) exceeds rupees 5,00,000. - 7,600 rupees plus 5 per cent of the value above rupees 5,00,000(2) - If relating to land for construction payable of residential premises and falling under the descriptions in items (A), (C) or (D) or sub-clause (1). - The same duty as is payable under sub-clause (1),]]
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| (da) [ if relating to the order of the High Court under section 394 of the Companies Act, 1956 or the order of the National Company Law Tribunal under sections 230 to 234 of the Companies Act, 2013 or confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013 in respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company) or order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 in respect of amalgamation or reconstruction of Banking Companies.] |
10per cent. of the aggregate of the market value of the sharesissued or allotted in exchange or otherwise and the amount ofconsideration paid for such amalgamation.
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Provided that, the amount of duty, chargeable under this clauseshall not exceed, –
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(i)an amount equal to[5 per cent.] of the true market value of theimmovable property located within the State of Maharashtra of thetransfer or company; or
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(ii)an amount equal to 0.7 per cent, of the aggregate of the marketvalue of the shares issued or allotted in exchange or otherwiseand the amount of consideration paid, for such amalgamation,whichever is higher :
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Providedfurther that, in case of reconstruction or demerger the dutychargeable shall not exceed,–
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(i)an amount equal to[5 per cent.] of the true market value of theimmovable property located within the State of Maharashtratransferred by the Demerging Company to the Resulting Company; or
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(ii) an amount equal to0.7 per cent, of the aggregate of the market value of the sharesissued or allotted to the Resulting Company and the amount ofconsideration paid for such demerger, whichever is higher.]
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(e)[* * *] [[Clause (e) deleted and deemed to have been deleted w.e.f. the 15th September, 1996, by Maharashtra Tax Laws (Levy, Amendment and Validation) Act 30 of 1997, Section 8(1)(c) (w.e.f. 15-5-1997).Prior to omission-(e) in amalgamation of companies under the order of the High Court under section 394 Fifty rupees of the Companies Act, 1956 for every rupees five hundred or part thereof;]]
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| Exemption |
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Assignmentof copyright under the Copyright Act, 1957 (XIV of 1957).
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[[ExplanationI.] – For the purposes of this article, where in the caseof agreement to sell an immovable property, the possession of anyimmovable property is transferred[or agreed to be transferred] to the purchaser before the execution, or at the time ofexecution, or after the execution of, such agreement[* * *] thensuch agreement to sell shall be deemed to be a conveyance andstamp duty thereon shall be leviable accordingly :
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Providedthat, the provisions of section 32A shall apply mutatis mutandisto such agreement which is deemed to be a conveyance asaforesaid, as they apply to a conveyance under that section:
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Providedfurther that, where subsequently a conveyance is executed inpursuance of such agreement of sale, the stamp duty, if any,already paid and recovered on the agreement of sale which isdeemed to be a conveyance, shall be adjusted towards the totalduty leviable on the conveyance.]
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[Providedalso that where proper stamp duty is paid on a registeredagreement to sell an immovable property, treating it as a deemedconveyance and subsequently a conveyance deed is executed withoutany modification then such a conveyance shall be treated as otherinstrument under section 4 and the duty of one hundred rupeesshall be charged.]
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[ExplanationII * * *] [[Explanation II was deleted by Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2012, Maharashtra 8 of 2012, Section 2(c)(iii).Prior to omission read as under:-Explanation II. - For the purposes of clause (d),-(i) 'unit' includes a flat, apartment, tenement, block or any other unit by whatever name called; as approved by the Competent Authority in the building plan(ii) where a building consists of units used for both residential and non-residential purposes, then the concession in duty shall be available in respect of the value of those units in a building which are used for residential purposes, and the duty payable in respect of the units in the building which are used for non-residential purposes shall be at the rates specified In clauses (b) and (c) on the value of such units;(iii) the duty payable shall not exceed the amount of duty payable on such conveyance under clauses (b) and (c).]]
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[ExplanationIII. –[(i)] [[Explanation III was substituted by the Maharashtra Tax Laws (Levy, Amendment and Validation) Act 30 of 1997, Section 8(1)(e) (w.e.f. 15-5-1997).Prior to substitution it was inserted by Maharashtra 9 of 1997 (w.e.f. 15-9-1996), read as under:-Explanation III - For the purposes of clause (e), the market value of the property shall be deemed to be the amount of total value of shares issued or allotted by Transferee Company, either in exchange or otherwise, and the amount of consideration, if any, paid for such amalgamation.]]For the purposes of clause (da) the market valueof shares,–
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(a) in relation to the transferee company, whose shares arelisted and quoted for trading on a stock exchange, means themarket value of shares as on the appointed day mentioned in theScheme of Amalgamation or when appointed day is not so fixed, thedate of order of the High Court; and
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(b) in relation to the transferee company, whose shares are notlisted/or listed but not quoted for trading on a stock exchange,means the market value of the shares issued or allotted withreference to the market value of the shares of the transferorcompany or as determined by the Collector after giving thetransferee company an opportunity of being heard.]
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(ii) [For the purposes of clause (da), the number of shares issued orallotted in exchange or otherwise shall mean, the number ofshares of the transferor company accounted as per exchange ratioas on appointed date.]
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STAMPS TO BE USED – Non-Judicial Stamp Paperunder Rule 6 or Impressed Label/Special Adhesive Stamp affixedby Proper Officer under Rule 11.
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26.COPY OR EXTRACT, certified to be a true copy or extract by ororder of any public officer under section 76 of the IndianEvidence Act, 1872, (I of 1872) and not chargeable under the lawfor the time being in force relating to court-fees.
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[Ten rupees.] |
| Exemption |
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(a)Copy of any paper which a public officer is expressly required bylaw to make or furnish for record in any public office or for apublic purpose.
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(b)Copy of, or extract from, any register relating to births,baptisms, namings, dedications, marriages, divorces, deaths orburials.
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(c)Copy of any instrument the original of which is not chargeable toduty.
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STAMPS TO BE USED – Adhesive StampPaper as per Rule 13.
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27.COUNTERPART OR DUPLICATE of any instrument chargeable withduty and in respect of which the proper duty has been paid.
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Thesame duty as is payable on the original, subject to a maximum of[rupees one hundred.]
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STAMPS TO BE USED – Non-Judicial StampPaper Rule 6 or Impressed Label/ Special Adhesive Stamp Paperunder Rule 11.
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28.CUSTOMS BOND OR EXCISE BOND, that is to say, any bond givenpursuant to the provisions of any law for the time being in forceor to the directions of any officer of Custom or Excise for, orin respect of, any of the duties of Customs or Excise or forpreventing frauds or evasions thereof or for any other matter orthing relating thereto-
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(a)where the amount does not exceed rupees 2,500.
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Thesame duty as a Bond (Article 13) for such amount, subject to amaximum of rupees[one hundred.]
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(b)in any other case .. .. ..
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[Onehundred rupees.]
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DECLARATION OFANY TRUST,See Trust (Article 61).
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STAMPS TO BE USED – Non-Judicial Stamp PaperRule 6 or Impressed Label/Special Adhesive Stamp Paper under Rule11.
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29.DELIVERY ORDER IN RESPECT OF GOODS, that is to say, anyinstrument entitling any person therein named, or his assigns orthe holder thereof, to the delivery of any goods lying in anydock or port, in any warehouse in which goods are stored, ordeposited, on rent or hire, or upon any wharf,[* * *] when suchgoods exceed in[value hundred rupees for every rupees 10,000 orpart thereof] .
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[Tenrupees.]
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DEPOSITOF TITLE-DEEDS, See Agreement relating to Deposit of Title Deeds,Pawn, Pledge or Hypothecation (Article 6).
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DISSOLUTIONOF PARTNERSHIP, See Partnership (Article 47).
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[Explanation.– For the purposes of this article, the words "dock orport" shall include "airport" and "Cargo Hub."]
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STAMPS TO BE USED– Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp Paper under Rule 11.
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30.DIVORCE – Instrument of, that is to say, any instrument bywhich any person effects the dissolution.
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[Onehundred rupees.]
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DOWER – Instrumentof, See Settlement (Article 55).
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DUPLICATE,See Counterpart (Article 27).
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STAMPS TO BE USED– Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp Paper under Rule 11.
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31.ENTRY OF MEMORANDUM OF MARRIAGE in the register under the[Maharashtra Regulations of Marriage Bureau and Registration ofMarriages Act, 1998] .
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[Onehundred rupees.]
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STAMPS TO BE USED – Court Fees Stamp Rule 19Hand Notification dated 30-4-1974.
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| 32.EXCHANGE OF PROPERTY – instrument of – |
Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, on the market value ofthe property of the greatest value.
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EXCISEBOND, See Customs Bond or Excise Bond (Article 28).
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[Explanation. –For the purposes of this Article, notwithstanding anythingcontained hereinabove, the highest duty on either of the propertyexchanged shall be chargeable.]
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STAMPS TO BE USED– Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp Paper Rule 11.
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33.FURTHER CHARGE – Instrument of, that is to say,any instrument imposing a further charge on mortgaged property –
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(a) when the original mortgage is one of the description referredto in clause (a) of Article 40 (that is, with possession).
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Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, for the amount ofthe further charge secured by such instrument.
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(b) when such mortgage is one of the description referred toclause (b) of Article 40 (that is, without possession).
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(i) if at the time of execution of the instrument of furthercharge possession of the property is given under such instrument.
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Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, for the totalamount of the charge (including the original mortgage and anyfurther charge already made) less the duty already paid on suchoriginal mortgage and further charge.
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| (ii) if possession is not so given. |
[Fiverupees for every[one thousand] or part thereof for the amountof further charge secured by such instrument subject to minimumof the one hundred rupees and the maximum of[ten lakh rupees.]
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STAMPS TO BE USED – Non-Judicial StampPaper Rule 6 or Impressed Label/Special Adhesive Stamp Paper Rule11.
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34.GIFT, Instrument of – not being a Settlement (Article 55)or Will or Transfer (Article 59).
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Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, on the market valueof the property which is the subject matter of the gift.
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[Providedthat, if the property is gifted to a family member being thehusband, wife, brother or sister of the donor or any linealascendant or descendant of the donor, then the amount of dutychargeable shall be[at the rate of 3 per cent. on the market value] of the property which is thesubject matter of the gift,[***] ]
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HIRINGAGREEMENT or agreement for service, see Agreement (Article 5).
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STAMPS TO BE USED– Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp Paper Rule 11.
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| 35.INDEMNITY BOND |
[Twohundred rupees.]
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INSPECTOR SHIPDEED, see Composition Deed (Article 24).
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STAMPS TO BE USED – Non-Judicial Stamp PaperRule 6 or Impressed Label/Special Adhesive Stamp Paper Rule 11.
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[36. Lease, including under lease or sub-lease and any agreementto let or sub-let or any renewal of lease,–
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Wheresuch lease purports to be –
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| (i) for a period not exceeding five years. |
Thesame duty as is leviable on a conveyance under clause (a), (b)[or (c)] , as the case may be, of article 25, on 10 per centum ofthe market value of the property.
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(ii) for a period exceeding five years but not exceeding tenyears, with a renewal clause contingent or otherwise.
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Thesame duty as is leviable on a conveyance under clause (a), (b)[or (c)] , as the case may be, of article 25, on 25 per centum ofthe market value of the property.
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(iii) for a period exceeding ten years but not exceedingtwenty-nine years, with a renewal clause contingent or otherwise.
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Thesame duty as is leviable on the conveyance under clause (a), (b)[or (c)] , as the case may be of article 25, on 50 per centum ofthe market value of the property.
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(iv) for a period exceeding twenty-nine years or in perpetuity,or does not purport for any definite period, or for lease forperiod exceeding twenty-nine years, with a renewal clausecontingent or otherwise.
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Thesame duty as is leviable on a conveyance under clause (a), (b)[or (c)] , as the case may be, or article 25, on 90 per centum ofthe market value of the property.];
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ExplanationI. – Any consideration in the form of premium or moneyadvanced or to be advanced or security deposit by whatever namecalled shall, for the purpose of market value be treated asconsideration passed on.
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ExplanationII. – The renewal period, if specifically mentioned, shallbe treated as part of the present lease.
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ExplanationIII. – For the purpose of this article, the market value,for the instruments falling under section 2(n)(iii) (TollAgreements) and article 5(g-e) (Hire Purchase agreement), shallbe the total contract value and they shall be chargeable to dutysame as under clause (a) of article 25.
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STAMPS TO BE USED – Non-Judicial StampPaper Rule 6 or Impressed Label/Special Adhesive Stamp Paper Rule10(11).
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| [36A.Leave and Licence Agreement –] |
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(a) [ Where the leave and licence agreement purports to be for aterm not exceeding sixty months with or without renewal clause.
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0.25per cent. of the total sum of,–
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(i)the licence fees or rent payable under the agreement; plus
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(ii)the amount of non-refundable deposit or money advanced or to beadvanced or premium, by whatever name called; plus
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(iii)the interest calculated at the rate of 10 per cent. per annum onthe refundable security deposit or money advanced or to beadvanced, by whatever name called.]
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(b) [ where such leave and licence agreement purports to be fora period exceeding sixty months with or without renewalclause;
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Sameduty as is leviable on lease, under clause (ii), (iii) or (iv),as the case may be, of Article 36.]
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37.LETTER OF ALLOTMENT OF SHARES in any company or proposed company,or in respect of any loan to be raised by any company or proposedcompany.
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One rupee. |
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SeealsoCertificate or other Document (Article 17).
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LETTEROF GUARANTEE, See Agreement (Article 5).
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STAMPS TO BE USED – Adhesive StampPaper Rule 11
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38.LETTER OF LICENCE, that is to say, any agreement between a debtorand his creditor, that the latter shall, for a specified time,suspend his claims and allow the debtor to carry on business athis own discretion.
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[Onehundred rupees]
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STAMPS TO BE USED – Non-Judicial Stamp PaperRule 6 or Special Adhesive Stamp Paper under Rule 10(ii).
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| 39.MEMORANDUM OF ASSOCIATION OF A COMPANY- |
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(a) if accompanied by articles of association under section 26 ofthe Companies Act, 1956, (I of 1956).
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[Twohundred rupees.]
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| (b) if not so accompanied. .. .. |
Thesame duty as is leviable on Articles of Association under Article10 according to the share capital of the company.
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| Exemption |
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Memorandumof any association nor formed for profit and registered undersection 25 of the Companies Act, 1956, (I of 1956).
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STAMPS TO BE USED – Non-Judicial Stamp PaperRule 6 or Special Adhesive Stamp Paper under Rule 10(ii).
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40.MORTGAGE DEED, not being an agreement relating to[Deposit ofTitle Deeds, Pawn or Pledge or Hypothecation (Article 6)] ,Bottomry Bond (Article 14), Mortgage of a Crop (Article 41),Respondentia Bond (Article 53), or Security Bond or Mortgage Deed(Article 54)–
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(a) when possession of the property or any part of the propertycomprised in such deed is given by the mortgagor or agreed to begiven;
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Thesame duty as is leviable on a conveyance under clauses (a), (b)[or (c)] , as the case may be, of Article 25, for the amountsecured by such deed.
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(b) when possession is not given or agreed to be given asaforesaid.
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[Five rupees] for every[one thousand] or part thereof for the amountsecured by such deed, subject to the minimum of one hundredrupees and the maximum of[ten lakh rupees] ;
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[Explanation I] . – A mortgagor who gives to themortgagee a power of attorney to collect rents, or a lease of theproperty mortgaged or part thereof, is deemed to give possessionwithin the meaning of this article.
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[ExplanationII– Where in the case of an agreement to mortgage theamount or part thereof sought to be secured by such an agreementis advanced or disbursed to the mortgagor or without execution ofa mortgage deed, then such anagreement to mortgage shall, notwithstanding anything containedin clause (d) of section 2, become chargeable under this Articleas mortgage-deed on the date of making of such advance ordisbursement either in part or in whole] .
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(c) when a collateral or auxiliary or additional or substitutedsecurity, or by way of further assurance for the above-mentionedpurpose where the principal or primary security is duly stamped.
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Thesame duty as a Bond (Article 13) for the amount secured, subjectto a maximum[rupees two hundred] .
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| Exemptions |
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(1)Instruments executed by persons taking advances under the LandImprovement Loans Act, 1883 (XIX of 1883), or the Agriculturists'Loans Act, 1884 (XII of 1884), or by their sureties as securityfor the repayments of such advances.
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(2)Letter of hypothecation accompanying a bill of exchange.
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[Explanation.–For the purpose of this clause, 'the principal or primarysecurity' shall mean, the security created under clause (a) or(b) above.]
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STAMPS TO BE USED – Non-Judicial Stamp PaperRule 6 or Special Adhesive Stamp Paper under Rule 10(ii).
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41.MORTGAGE OF A CROP, including any instrument evidencing anagreement to secure the repayment of a loan made upon anymortgage of a crop whether the crop is or is not in existence atthe time of mortgage, for every rupees 200 or part thereof.
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Onerupee.
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STAMPS TO BE USED – Adhesive StampPaper under Section 11 read with Rule 6.
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42.NOTARIAL ACT, that is to say, any instrument, endorsement, note,attestation, certificate or entry not being a Protest (Article49) executed by a Notary Public in the performance of the dutiesof his office, or by any other person lawfully acting as a NotaryPublic.
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[Twenty-fiverupees.]
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STAMPS TO BE USED– Special Adhesive Stamp with word Notarial (Section 11)Rule 19(d). (See note for notification under Rule 14 BombayStamp Rules)
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43.NOTE OR MEMORANDUM sent by a broker or agent to his principalintimating the purchase or sale on account of such principal–
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| (a) of cotton .. .. .. |
0. [005per cent] on the value of cotton.
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| (b) of bullion of specie. . .. |
0. [005per cent] on the value of silver or gold on sovereigns, as thecase may be.
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| (c) of oil seeds .. . .. |
0. [005per cent] on the value of oil seeds.
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| (d) of yarn of any kind, non-mineral oils or spices of any kind. |
0. [005per cent] of the value of[yarn of any kind, non-mineral oils orspices of any kind, as the case may be]
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| (e) of any other goods exceeding in value twenty rupees. |
0. [005per cent] on the value of goods.
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(f) of any share, scrip, stock, bond, debenture, debenture stockor other marketable security of a like nature exceeding in valuetwenty rupees, not being a Government security.
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0. [005per cent] of the value of the security, at the time of itspurchase or sale, as the case may be.
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| (g) of a Government security. |
0. [005per cent] on the value of security.
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[Explanation.– No duty shall be chargeable on note or Memorandum sent bybroker or agent to his principal intimating the purchase or saleon account of such principal of a security or a forward contracton which proper duty is paid under article 51A.]
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| Exemptions |
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(1)Note or Memorandum sent by a broker or agent to his principalintimating the purchase or sale on account of such principal or aGovernment security or a share, scrip, stock, bond, debenture,debenture stock or other marketable security of like nature in orof an incorporated company or other body corporate, an entryrelating to which is required to be made in clearance listsdescribed in clauses (1), (2) and (3) of Article 19.
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(2) Note orMemorandum sent by a broker or agent to his principal intimatingthe purchase or sale of cotton on account of such principal, anentry relating to which is required to be made in a clearancelist described in Article 20.
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(3) Note of Memorandum sent by abroker or agent to his principal intimating the purchase or saleof bullion or species on account of such principal, an entryrelating to which is required to be made in a clearance listdescribed in Article 21.
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(4) Note or Memorandum sent by abroker or agent to his principal intimating the purchase or saleof oil seeds on account of such principal, an entry relating towhich is required to be made in a clearance list described inArticle 22.
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(5) Note or Memorandum sent by abroker or agent to his principal intimating the purchase or saleof yarn of any kind, non-mineral oils or spices of any kind onaccount of such principal, an entry relating to which is requiredto be made in a clearance list described in Article 23.
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(6) Note or Memorandum sent by abroker or agent to his principal in any of the above cases, whenthe amount stated in the instrument is less than rupees onehundred.
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STAMPS TO BE USED – Adhesive Stamp [Section 11 &Rule 19(f)]
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44.NOTE OF PROTEST BY THEMASTER OF A SHIP.
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[One hundred rupees.] |
|
See also Protest by the Master ofShip (Article 50).
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STAMPS TO BE USED – Non-Judicial Stamp Paper Rule 6 orSpecial Adhesive Stamp [Rule 10(ii)]
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45.ORDER FOR THE PAYMENTOF MONEY, not being a Bill of Exchange within the meaning of theIndian Stamp Act, 1899, (II of 1899)–
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(a) wherepayable otherwise than on demand but not more than one year afterdate or sight – for every Rs. 1,000 or part thereof.
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[Tenrupees.]
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(b) wherepayable at more than one year after date or sight, if theamount,–
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(i) does notexceed rupees
|
[Tenrupees.]
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(ii) exceedsrupees 500 but does not exceed rupees 1,000
|
[Twentyrupees.]
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(iii) exceedsrupees 1,000 for every additional rupees 1,000 or part thereof.
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[Twentyrupees.]
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| STAMPS TO BE USED – Hundi Stamp Paper Rule 5. |
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46.PARTITION –Instrument of..
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[RupeesTen for every rupees five hundred or part thereof of the] , amountor the market value of the separated share or shares of theproperty.
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| |
Note.– Thelargest share remaining after the property is partitioned (or, ifthere are two or more shares of equal value and not smaller thanany of the other shares, then one of such equal shares) shall bedeemed to be that from which the other shares are separated.
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| |
Providedalways that,–
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(a)when an instrument of partition containing an agreement to divideproperty in severalty is executed and a partition is effected inpursuance of such agreement, the duty chargeable upon theinstrument effecting such partition shall be reduced by theamount of duty paid in respect of the first instrument, but shallnot be less than five rupees;
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| |
(b) [where the instrument relates to the partition of agriculturalland, the rate of duty applicable[shall be one hundredrupees] .]
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| |
(c)where a final order for effecting a partition passed by anyRevenue Authority or any Civil Court or an award by an arbitratordirecting a partition, is stamped with the stamp required for aninstrument of partition, and an instrument of partition inpursuance of such order or award is subsequently executed, theduty on such instrument shall not exceed ten rupees.
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STAMPS TO BE USED – Non-Judicial Stamp Paper Rule 6 orSpecial Adhesive Stamp Paper Rule 10(ii).
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| 47.PARTNERSHIP– |
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(1) [Instrument of partnership–
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Fivehundred rupees.
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(a) wherethere is no share of contribution in partnership, or where suchshare contribution[brought in by way of cash] does not exceedrupees 50,000;
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(b) wheresuch share contribution[brought in by way of cash] is in excessof rupees, 50,000, for every rupees 50,000 or part thereof.
|
Fivehundred rupees, subject to maximum duty of rupees five thousand];
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(c) [ wheresuch share contribution is brought in by way of property,excluding cash.
|
Thesame duty as is leviable on Conveyance under clause (a), (b)[or(c)] as the case may be, of article 25, on the market value ofsuch property].
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| (2) [] [Dissolution of partnership or retirement of partner– |
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|
(1) where ona dissolution of the partnership or on retirement of a partnerany property] is taken as his share by a partner other than apartner who brought in that property as his share of contributionin the partnership.
|
Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, on the market valueof such property, subject to a minimum of rupees one hundred.
|
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(2) in anyother case.
|
[Twohundred rupees.]
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STAMPS TO BE USED – Non-Judicial Stamp Paper Rule6 or Special Adhesive Stamp Paper Rule 10(ii).
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48.POWER OF ATTORNEY notbeing a Proxy:-
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(a) whenexecuted for the sole purpose of procuring the registration ofone or more documents in relation to a single transaction or foradmitting execution of one or more such documents;
|
[Onehundred rupees.]
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(b) whenrequired in suits or proceedings under the Presidency Small CauseCourts Act, 1882, (XV of 1882)
|
[Onehundred rupees.]
|
|
(c) whenauthorising one person or more to act in a single transactionother than the case mentioned in clause (a);
|
[Onehundred rupees.]
|
|
(d) whenauthorising one person to act in more than one transaction orgenerally;
|
[One hundred rupees.] |
|
(e) whenauthorising more than one person to act in single transaction ormore than one transaction jointly or severally or generally;
|
[One hundred rupees] |
|
(f)[(i)when given for consideration and authorising to sell an immovableproperty;]
|
Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, on the market valueof the property.
|
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(ii) [ whenauthorising to sell or transfer immovable property withoutconsideration or without showing any consideration, as the casemay be,-
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(a) if givento the father, mother, brother, sister, wife, husband, daughter,grandson, granddaughter or such other close relative, and
|
Rupeesfive hundred
|
|
(b) in anyother case ...
|
Thesame duty as is leviable on a Conveyance under clauses (b)[or (c)] ,as the case may be, of Article 25, on the market value of theproperty.]
|
|
(g) [ whengiven to a promoter or developer by whatever name called, forconstruction on, development of, or sale or transfer (in anymanner whatsoever) of, any immovable property.
|
[Thesame duty as is leviable on a Conveyance under clauses (b), (c)or (d), as the case may be, of Article 25, on the market value ofthe property:]
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| |
Providedthat, the provisions of section 32A shall,mutatis mutandis,apply to such an instrument of power of attorney as they apply toa conveyance under that section:
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| |
Providedfurther that, when proper stamp duty is paid under clause (g-a)of article 5 on an agreement, or records thereof or memorandum ofan agreement executed between the same parties and in respect ofthe same property, the duty chargeable under this clause shall berupees one hundred.
|
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(h) in anyother case
|
[Onehundred rupees for each person authorised] ]
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|
Explanation I.– Forthe purpose of this article more persons than one when belongingto the same firm shall be deemed to be one person.
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|
Explanation II– Theterm 'registration' includes every operation incidental toregistration under the Registration Act, 1908 (XVI of 1908).
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Explanation III.– Whereunder clause (f), duty has been paid on the power of attorney,and a conveyance relating to that property is executed inpursuance of power of attorney between the executant of the powerof attorney and the person in whose favour it is executed, theduty on conveyance shall be the duty calculated on the marketvalue of the property reduced by duty paid on the power ofattorney.
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STAMPS TO BE USED –Non-Judicial Stamp Paper Rule 6 or Special Adhesive Stamp PaperRule 10(ii).
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49.PROTEST OF BILL ORNOTE, that is to say, any declaration in writing made by a NotaryPublic, or other person lawfully acting as such, attesting thedishonour of a bill of exchange or promissory note.
|
[Onehundred rupees.]
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|
STAMPS TO BE USED – Adhesive Foreign Bill Stampbearing 'Notarial' [See Rule 19(d)]
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|
50.PROTEST BY THE MASTEROF A SHIP, that is to say, any declaration of the particulars ofher voyage drawn up by him with a view to the adjustment oflosses or the calculation of averages, and every declaration inwriting made by him against the charterers or the consignees fornot loading or unloading the ship, when such declaration isattested or certified by a Notary Public or other person lawfullyacting as such.
|
[Onehundred rupees.]
|
|
See also Note of Protest by theMaster of a Ship (Article 44).
|
|
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STAMPS TO BE USED –Non-Judicial Stamp Paper Rule 6 or Special Adhesive Stamp, Rule10(ii).
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51.RE-CONVEYANCE OFMORTGAGED PROPERTY-
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|
(a) if theconsideration for which the property was mortgaged does notexceed rupees, 2,500.
|
Thesame duty as a Bond (Article 13) for such consideration.
|
|
(b) in anyother case .. .. ..
|
[Twohundred rupees.]
|
|
STAMPS TO BE USED –Non-Judicial Stamp paper Rule 6 or Special Adhesive Stamp, Rule10(ii).
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|
[51A.RECORD OFTRANSACTION (Electronics or otherwise) effected by a tradingmember through a stock exchange or the association referred to inSection 10B-]
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|
(a) ifrelating to sale and purchase of Government securities.
|
0. [005per cent] of the value of the securities
|
|
(b) ifrelating to purchase or sale of securities, other than thosefalling under item (a) above, -
|
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|
(i) in caseof delivery
|
0. [005per cent of the value of security] .
|
|
(ii) in caseof non-delivery.
|
0. [005per cent of the value of the security.]
|
|
(c) ifrelating to futures and options trading
|
0. [005per cent of the value of the futures and options trading.]
|
|
(d) ifrelating to forward contracts of commodities traded through anassociation or otherwise.
|
0. [005per cent of the value of the forward contract.]
|
|
Explanation I.- For thepurpose of clause (b), 'Securities' means the securities asdefined in clause (h) of section 2 of the Securities Contract(Regulation) Act, 1956.
|
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|
[52.Release, that is tosay, any instrument (not being an instrument as is provided bysection 24) whereby a person renounces a claim upon other personor against any specified property,-
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|
(a) if therelease deed of an ancestral property or part thereof is executedby or in favour of brother or sister (children of renouncer'sparents) or son or daughter or son of predeceased son or daughterof predeceased son or father or mother or spouse of the renounceror the legal, heirs of the above relations.
|
Twohundred rupees.
|
|
(b) in anyother case.
|
Thesame duty as is leviable on a conveyance under clause (a), (b)[or as the case may be (c)] , of Article 25, on the market valueof the share, interest, part or claim renounced.]
|
|
STAMPS TO BE USED – Adhesive Stamp, Rule 13 (f) orNon-Judicial Stamp, Rule 6.
|
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|
53.RESPONDENTIA BOND, thatis to say, any instrument securing a loan on the cargo laden orto be laden on board a ship and making repayment contingent onthe arrival of the cargo at the port of destination.
|
Thesame duty as a Bond (Article 13) for the amount of the loansecured.
|
|
REVOCATION OF ANY TRUST OFSETTLEMENT.
|
|
|
See Settlement (Article 55), Trust(Article 61)
|
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|
STAMPS TO BE USED – Non-Judicial Stamp Paper, Rule 6 orImpressed Label/Special Adhesive Stamp [see Rules 10 & 11.]
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|
54.SECURITY BOND ORMORTGAGE DEED, where such security bond or mortgage deed isexecuted by way of security for the due execution of an office,or to account for money or other property received by virtuethereof, or by a surety to secure the due performance of acontract, or in pursuance of an order of the court or a publicofficer, not being otherwise provided for by the BombayCourt-fees Act, 1959, (Bombay LX of 1959),-
|
|
|
(i) where theamount secured does not exceed rupees 2,500.
|
Thesame duty as Bond (Article 13) for the amount secured.
|
|
(ii) [ wherethe amount secured exceeds rupees 2500, for every rupees fivehundred of the amount secured or part thereof.]
|
[Thesame duty as is leviable under clause (b) of Article 40:
|
| |
Providedthat, where on an instrument executed by a person, for whom aperson stands surety and executes security bond or a mortgagedeed, duty has been paid under Article[* * *] 40, then the dutypayable shall be one hundred rupees.]
|
| Exemptions |
|
|
Bond or other instrument, whenexecuted,-
|
|
|
(a) by anyperson for the purpose of guaranteeing that the local incomederived from private subscription to a charitable dispensary orhospital or any other object of public utility shall not be lessthan a specified sum per mensem;
|
|
|
(b) under therules made by the State Government under section 114 of theMaharashtra Irrigation Act, 1976 (Maharashtra XXXVIII of 1976);
|
|
|
(c) by aperson taking advance under the Land Improvement Loans Act, 1883(XIX of 1883) or the Agriculturists Loans Act, 1884 (XII of 1884)or by their sureties as security for the repayment of suchadvances;
|
|
|
(d) byofficers of the Government or their sureties to secure the dueexecution of an office or the due accounting for money or otherproperty received by virtue thereof.
|
|
|
STAMPS TO BE USED –Non-Judicial Stamp Paper, Rule 6 or Impressed Label/SpecialAdhesive Stamp [see Rules 10 & 11.]
|
|
| 55.SETTLEMENT. |
|
|
A. Instrumentof-
|
|
| including a deed of dower,- |
|
|
(i)where the settlement is made for a religious or charitablepurpose
|
[Tenrupees for every five hundred rupees or part thereof of] a sumequal to the amount settled or the market value of the propertysettled.
|
|
(ii) in anyother case
|
Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, for a sum equal tothe amount settled or the market value of the property settled:
|
| |
Providedthat, where an agreement to settle is stamped with the stamprequired for an instrument of settlement and an instrument ofsettlement in pursuance of such agreement is subsequentlyexecuted, the duty on such instrument shall not exceed tenrupees:
|
| |
Providedfurther that, where an instrument of settlement contains anyprovision for the revocation of the settlement, the amount or thevalue of the property settled shall, for the purposes of duty, bedetermined, as if, no such provisions were contained in theinstrument.
|
| Exemption |
|
|
Deed of dower executed on theoccasion of or in connection with, marriage between Muhammadans,whether executed before or after the marriage.
|
|
| B. Revocation of,- |
|
|
(i) inrespect of settlement described in sub-clause (i) of clause A.
|
Thesame duty as a Bond (Article13) for a sum equal to the amountsettled or the market value of the property concerned as setforth in the instrument of revocation, but not exceeding[twohundred rupees] .
|
|
(ii) inrespect of settlement described in sub-clause (ii) of clause A.
|
The same duty as is leviable on a Conveyance under clause (a),(b)[or (c)] , as the case may be, of Article 25, for aconsideration equal to the amount settled as setforth in theinstrument of revocation or the market value of the propertyconcerned, but not exceeding[two hundred rupees.]
|
|
STAMPS TO BE USED –Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp (see Rules 10 & 11.]
|
|
|
56.SHARE WARRANTS tobearer issued under the Companies Act, 1956 (I of 1956), forevery rupees five hundred or part thereof.
|
Fiverupees
|
| Exemption |
|
|
Share warrant when issued by acompany in pursuance of the provisions of section 114 of theCompanies Act, 1956 (I of 1956), to have effect only upon paymentas composition for that duty, to the Collector-
|
|
|
(a) one and ahalf per centum of the whole subscribed capital of the company,or
|
|
|
(b) if anycompany which has paid the said duty or composition in fullsubsequently issues in addition to its subscribed capital, oneand a half per centum of the additional capital so issued.
|
|
|
Scrip, See Certificate (Article17).
|
|
|
STAMPS TO BE USED – Non-Judicial Stamp Paper, Rule 6 orImpressed Label/Special Adhesive Stamp [see Rules 10 & 11.]
|
|
|
57.SHIPPING ORDER for orrelating to the conveyance of goods on board of any vessel.
|
Onerupee.
|
|
STAMPS TO BE USED – Non-Judicial Stamp Paper, Rule 6 orImpressed Label/Special Adhesive Stamp [see Rules 10 & 11.]
|
|
|
[58.SURRENDER OF LEASEincluding an agreement for surrender of lease- [[Article 58 was substituted by the Maharashtra 20 of 2002, Section 8(g) (w.e.f. 1-5-2002).Prior to substitution read as under:-58. Surrender of Lease including an agreement for surrender of lease-The duty with which such lease is chargeable under Article 36Explanation I. - For the purpose of this Article, It is immaterial that the surrender of the lease is only as regards the unexpired part of the term or is with regard to only a portion of the property.Explanation II. - For the purposes of this article, the amount of consideration paid or agreed to be paid by the lessor or on his behalf, shall be deemed to be the fine, premium or money advanced or to be advanced within the meaning of Article 36.]]
|
|
|
(a) withoutany consideration;
|
Twohundred rupees
|
|
(b) withconsideration.
|
Thesame duty as is leviable under clause (a), (b)[or (c)] ofArticle 25 on the amount of consideration.]
|
|
Explanation. - Forthe purposes of this Article, return of money paid as advance, onsecurity deposit by lessee to the lessor shall not be treated asconsideration for the surrender.
|
|
|
STAMPS TO BE USED –Non-Judicial Stamp Paper, Rule 6 or Impressed Label/SpecialAdhesive Stamp (see Rules 10 & 11.]
|
|
|
59.TRANSFER (whether withor without consideration).
|
Fiftypaise for every rupees 100 or part thereof of the considerationamount of the debenture[* * *]
|
|
(a) ofdebentures, being marketable securities whether the debenture isliable to duty or not, except debentures provided for by section8 of the Indian Stamp Act, 1899.
|
|
|
Explanation.-For the purposes of this clause, the term 'debenture' includesdebenture stock;
|
|
|
(b) of anyinterest secured by bond, mortgage deed or policy of insurance;
|
Thesame duty as a Bond (Article 13) for such amount or value of theinterest as set forth in the transfer, subject to a[maximum] of[two hundred rupees] .
|
|
(c) of anyproperty under section 22 of the Administrators' General Act,1963;
|
|
|
(d) of anytrust property without consideration from one trustee to anothertrustee, or from a trustee to a beneficiary.
|
|
| Exemptions |
|
| Transfers by endorsement,- |
|
|
(a) of a billof exchange, cheque or promissory note;
|
|
|
(b) of a billof lading, delivery order, warrant for goods or other mercantiledocument or title to goods;
|
|
|
(c) of apolicy of insurance;
|
|
|
(d) ofsecurities of the Central Government.
|
|
|
STAMPS TO BE USED – Non-Judicial Stamp Paper Rule 6 orImpressed Label/Special Adhesive Stamp [see Rules 10 & 11.]
|
|
|
60.TRANSFER OF LEASE byway of assignment and not by way of under lease or by way ofdecree or final order passed by any Civil Court or any RevenueOfficer.
|
Thesame duty as is leviable on a Conveyance under clause (a), (b)[or (c)] , as the case may be, of Article 25, on the market valueof the property, which is the subject matter of transfer.
|
|
STAMPS TO BE USED –Non-Judicial Stamp Paper Rule 6 or Impressed Label/SpecialAdhesive Stamp (see Rules 10 & 11.]
|
|
| 61.TRUST. |
|
|
A.Declaration of – of, or concerning, any property when madeby any writing not being a Will,-
|
|
|
(a) wherethere is disposition of property,-
|
|
|
(i) where theTrust is made for a religious or charitable purpose;
|
[Tenrupees for every rupees five hundred or part thereof of] a sumequal to the amount settled or market value of the propertysettled.
|
|
(ii) in anyother case
|
Thesame duty as a conveyance under clause (a), (b)[or (c)] , as thecase many be, Article 25, for a sum equal to the amount settledor the market value of the property settled.
|
|
(b) wherethere is no disposition of property,-
|
|
|
(i) where thetrust is made for a religious or charitable purpose.
|
Thesame duty as a Bond (Article 13) for a sum equal to the amountsettled or market value of the property settled, but notexceeding[two hundred rupees] .
|
|
(iii) in anyother case
|
Thesame duty as a Bond (Article 13) for a sum equal to the amountsettled or market value of the property settled, but notexceeding[two hundred rupees].
|
|
B. Revocationof – of, or concerning, any property when made by anyinstrument other than a Will.
|
Thesame duty as a Bond (Article 13) for a sum equal to the amountsettled or market value of the property settled, but notexceeding[two hundred rupees] .
|
|
See alsoSettlement (Article 55).
|
|
|
VALUATION,See Appraisement (Article 8)
|
|
|
STAMPS TO BE USED – Non-Judicial Stamp Paper Rule 6 orImpressed Label/Special Adhesive Stamp [see Rules 10 & 11.]
|
|
|
62.WARRANT FOR GOODS, thatis to say, any instrument evidencing the title of any persontherein named or his assigns, or the holder thereof, to theproperty in any goods lying in or upon any dock, warehouse orwharf, such instrument being signed or certified by or on behalfof the person in whose custody such goods may be.
|
Onerupee.
|
|
STAMPS TO BE USED – AdhesiveStamp.
|
|
|
[63.Works Contract, thatis to say, a contract for works and labour or services involvingtransfer of property in goods (whether as goods or in some otherform) in its execution and includes a sub-contract,-
|
|
|
(a) where theamount or value set forth in such contract does not exceed rupeesten lakh.
|
Onehundred rupees.
|
|
(b) where itexceeds rupees ten lakh.
|
Onehundred rupees plus one hundred rupees for every rupees 1,00,000or part thereof, above rupees ten lakh, subject to the maximum ofrupees five lakh.]
|
