- Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in Schedule I as the proper duty therefor respectively, that is to say-(a)every instrument mentioned in Schedule I, which not having been previously executed by any person, is executed in the State on or after the date of commencement of this Act;(b)every instrument mentioned in Schedule I, which not having been previously executed by any person, is executed out of the State on or after the said date, relates to any property situate, or to any matter or thing done or to be done in this State and is received in this State:[Provided that a copy or extract, whether certified to be a true copy or not and whether a fascimile image or otherwise of the original instrument on which stamp duty is chargeable under the provisions of this section, shall be chargeable with full stamp duty indicated in the Schedule I if the proper duty payable on such original instrument is not paid] [This proviso was inserted by the Maharashtra Tax Laws (Levy and Amendment) Act, 1998 No. 21 of 1998 Section 6(a) (w.e.f. 1.5.1998).][Provided further that] [These words were substituted for the words 'provided that by the Maharashtra Tax Laws (Levy and Amendment) Act, 1998, No. 21 of 1998. Section 6(b), (w.e.f. 1-5-1998).] no duty shall be chargeable in respect of-(1)any instrument executed by or on behalf of, or in favour of, the Government in cases, where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument [or where the Government has undertaken to bear the expenses towards the payment of the duty] [These words were added by Maharashtra 27 of 1985, Section 3(a), (w.e.f. 10.12.1985).];(2)any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Bombay Coasting Vessels Act, 1838, or [Merchant Shipping Act, 1958] [These words and figures were substituted for the words and figures 'Indian Registration of Ships Act, 1841', by Maharashtra 27 of 1985, Section 3(b), (w.e.f. 10.12.1985).].
