| Exemptions |
|
|
Assignment of copyright under the Copyright Act, 1957, Section18.
|
|
| Co-partnership-Deed - See partnership (No. 46) |
|
|
24.,Copy or Extractcertified to be true copy orextract, by or by order of any public officer and not chargeableunder the law for the time being in force relating to court-fees-
|
|
|
(i) if the original was not chargeable with duty or if theduty with which it was chargeable does exceed two rupees;
|
Five rupees. |
|
(ii) in any other case not falling within the provisions ofSection 6-A.
|
Five rupees. |
| Exemptions |
|
|
(a) Copy of any paper which a public officer is expresslyrequired by law to make or furnish for record in any public officeor for any public purpose.
|
|
|
(b) Copy of, or extract from, any register relating to births,baptisms, namings, deductions, marriages, divorces, death orburials.
|
|
|
25. Counterpart or Duplicateof any instrumentchargeable with duty and in respect of which the proper duty hasbeen paid -,
|
|
|
(a) if the duty with which the original instrument ischargeable does not exceed two rupees;
|
Five rupees. |
|
(b) in any other case not falling within the provisions ofSection 6-A.
|
Five rupees. |
| Exemptions |
|
|
Counterpart of any lease granted to a cultivator, when suchlease is exempted from duty.
|
|
| 26. Customs-Bonds- |
|
| (a) where the amount does not exceed Rs. 1,000 |
The same duty as a Bond (No. 15) for such amount. |
| (b) in any other case. |
[Eighty rupees] |
|
27. Debenture(whether a mortgage debenture or not),being a marketable security transferable -
|
|
| (a) by endorsement or by a separate instrument of transfer ; |
As in Schedule I. |
| (b) by delivery. |
As in Schedule I. |
|
Explanation- The term 'Debenture' includesany interest coupons attached thereto, but the amount of suchcoupons shall not be included in estimating the duty.
|
|
| Exemptions |
|
|
A debenture issued by an incorporated company or other bodycorporate in terms of a registered mortgage-deed, duly stamped inrespect of the full amount of debentures to be issued thereunder,whereby the company or body borrowing makes over, in whole or inpart, their property to trustees for the benefit of thedebenture-holders; provided that the debentures so issued areexpressed to be issued in terms of the said mortgage-deed.
|
|
|
See also Bond (No. 15) and Sections 8 and 55. Declaration ofany Trust. See Trust (No. 64).
|
|
|
28. Delivery order in respect of goods, deposit of titledeeds,See Agreement relating to Deposit of Title-Deeds, pawnor pledge (No. 6)
|
Five rupees. |
| Dissolution of partnership - See partnership (No. 46) |
|
|
29. Divorce,Instrument of that is to say, anyinstrument by which any person effects the dissolution of hismarriage.
|
Thirty rupees. |
| Dower,Instrument of - See Settlement (No. 58) |
|
| Duplicate.See Counterpart (No. 25). |
|
|
30. Entry as an Advocate, Vakil or Attorney on the roll ofthe High Court,(Under the[Indian Bar Councils Act, 1926] , or in exercise of powersconferred on such Court by Letters Patent or by the[Legal Practitioners Act, 1884)] -
|
|
| (a) in the case of an Advocate or Vakil |
Seven hundred and fifty rupees. |
| (b) in the case of any Attorney |
Seven hundred and fifty rupees. |
| Exemptions |
|
|
Entry of an Advocate, Vakil or Attorney on the roll of the HighCourt, when he has previously been enrolled in any other HighCourt.
|
|
| 31. Exchange of Property,Instrument ofExtract- See Copy (No. 24) |
The same duty as other conveyances (No. 23) as levied by thisAct for a consideration equal to the value of the property ofgreatest value as set forth in such instrument.
|
|
32. Further Charge.Instrument of, that is tosay, any instrument imposing a further charge on mortgagedproperty-
|
|
|
(a) when the original mortgage is one of the descriptionreferred to in clause (a) of Article No. 40, that is, withpossession;
|
The same duty as a mortgage deed with possession [No. 40 (a)]for the amount of the further charge secured by such instrument.
|
|
(b) when such mortgage is one of the description referred to inclause (b) of Article No. 40 (that is, without possession)-,
|
|
|
(i) if at the time of execution of the instrument of furthercharge possession of the property is given or agreed to be givenunder such instrument;
|
The same duty as a mortgage-deed with possession [No. 40(a)]for the amount equal to the total amount of the charge (includingthe original mortgage already made) less the duty already paid onsuch original mortgage and further charge.
|
| (ii) if possession is not so given |
The same duty as a Bond (No. 15) for the amount of the furthercharge secured by such instrument.
|
|
33. Gift- Instrument of, not being a Settlement (No.58), or Will or Transfer (No. 62)
|
The same duty as a conveyance amounting to sale (No. 23) aslevied by this Act for a consideration equal to the value of theproperty as set forth in such instrument.
|
|
Hiring Agreement oragreement for service - SeeAgreement (No. 5)
|
|
| 34., Indemnity Bond, |
The same duty as a Security Bond (No. 57) for the same amount. |
| Inspectorship-Deed- See Composition Deed (No. 22) |
|
|
35. Lease,including an under-lease or sub-lease and anyagreement to let or sub-let-,
|
|
|
(a) where by such lease the rent is fixed and no premium ispaid or delivered-,
|
|
|
(i) where the lease purports to be for a term of less than oneyear;
|
The same duty as a Bond (No. 15) for the whole amount payableor deliverable under such lease.
|
|
(ii) where the lease purports to be for a term of not less thanone year, but not more than five years;
|
The same duty as a Bond (No. 15) for the amount or value ofthe average annual rent reserved.
|
|
(iii) where the lease purports to be for a term exceeding fiveyears, but not exceeding ten years;
|
The same duty as other conveyances (No. 23) as levied by thisAct, for a consideration equal to the amount or value of theaverage annual rent reserved.
|
|
(iv) where the lease purports to be for a term exceeding tenyears, but not exceeding twenty years;
|
The same duty as other conveyance (No. 23) as levied by thisAct, for a consideration equal to twice the amount or value of theaverage annual rent reserved.
|
|
(v) where the lease purports to be for a term exceeding twentyyears, but not exceeding thirty years;
|
The same duty as other conveyances (No. 23) as levied by thisAct, for a consideration equal to three times the amount or valueof the average annual rent reserved.
|
|
(vi) where the lease purports to be for a term exceeding thirtyyears, but not exceeding hundred years;
|
The same duty as other conveyances (No. 23) as levied by thisAct, for a consideration equal to four times the amount or valueof the average annual rent reserved.
|
|
(vii) where the lease purports to be for a term exceedinghundred years or in perpertuity;
|
The same duty as other conveyances (No. 23), as levied by thisAct, for a consideration equal in the case of a lease grantedsolely for agricultural purposes to 1/10th and in any other caseto 1/6th of the whole amount of rents which would be paid ordelivered in respect of the first fifty years of lease.
|
|
(viii) where the lease does not purport to be for any definiteterm;
|
The same duty as other conveyance (No. 23), as levied by thisAct, for a consideration equal to three times the amount or valueof the average annual rent which would be paid or delivered forthe first ten years if the lease continued so long.
|
|
(b) where the lease is granted for a fine or premium or formoney advanced and where no rent is reserved;
|
The same duty as other conveyances (No. 23). as levied by thisAct, for a consideration equal to the amount or value of such fineor premium or advance as set forth in the lease.
|
| where the lease is granted for a fine or premium or for money advanced, in addition to rent reserved; |
The same duty as other conveyances (No. 23), as levied bythis Act, for a consideration equal to the amount or value ofsuch fine or premium or advance as set forth in the lease, inaddition to the duty which would have been payable on such lease,if no fine or premium or advance had been paid or delivered:
|
| |
Provided that, in any case when an agreement to lease isstamped with the ad volorem stamp required for a lease, and alease in pursuance of such agreement is subsequently executed theduty on such lease shall not exceed two rupees.
|
| Exemptions |
|
|
Lease, executed in the case of a cultivator and for thepurposes of cultivation (including a lease of trees for theproduction of food or drink) without the payment or delivery ofany fine or premium, when a definite term is expressed and suchterm does not exceed one year, or when the average annual rentreserved does not exceed one hundred rupees.
|
|
|
In this exemption a lease for the purposes of cultivation shallinclude a lease of lands for cultivation - together with ahomestead or tank.
|
|
|
Explanation.- When a lessee undertakes to pay any recurringcharge, such as Government revenue, the landlord's share ofcesses, or the owner's share of municipal rates of taxes, which isby law recoverable from the lessor, the amount so agreed to bepaid by the lessee shall be deemed to be part of the rent.
|
|
| 36. Letter of Allotment of Shares |
[Thirty rupees] |
| 37.Letter of Credit |
As in Schedule I. |
| Letter of Guarantee-See Agreement (No. 5) |
|
|
38.Letter of Licence, that is to say, any agreementbetween a debtor and his creditors that the latter shall, for aspecified time, suspend their claims and allow the debtor to carryon business at his own discretion
|
Thirty rupees |
| 39. Memorandum of Association of a Company- , |
|
|
(a) if accompanied by articles of association under sections26, 27 and 28 of the Companies Act, 1956;
|
Five hundred rupees. |
| (b) if not so accompanied |
One thousand rupees. |
| Exemptions |
|
|
Memorandum of any association not formed for profit andregistered under section 25 of the Companies Act, 1956.
|
|
|
40. Mortgage Deed,not being an agreement relating toDeposit of Title deeds, Pawn or Pledge (No. 6), Bottomary Bond(No. 16), Mortgage of a crop (No. 41), Respondentia Bond (No. 56),or Security Bond (No. 57)-
|
|
|
(a) [ when possession of the property or any part of the property comprised in such deed isgiven by the mortgagor or agreed to be given] -
|
|
|
where the amount secured by such instrument does not exceed Rs.50;
|
Two rupees. |
| where it exceeds Rs. 50, but does not exceed Rs. 100; |
Four rupees. |
| where it exceeds Rs. 100, but does not exceed Rs. 200; |
Eight rupees. |
| where it exceeds Rs. 200, but does not exceed Rs. 300; |
Twelve rupees. |
| where it exceeds Rs. 300, but does not exceed Rs. 400; |
Sixteen rupees. |
| where it exceeds Rs. 400, but does not exceed Rs. 500; |
Twenty rupees. |
| where it exceeds Rs. 500, but does not exceed Rs. 600; |
Twenty-four rupees. |
| where it exceeds Rs. 600, but does not exceed Rs. 700; |
Twenty-eight rupees. |
| where it exceeds Rs. 700, but does not exceed Rs. 800; |
Thirty-two rupees. |
| where it exceeds Rs. 800, but does not exceed Rs. 900; |
Thirty-six rupees |
| where it exceeds Rs. 900, but does not exceed Rs. 1,000; |
Forty rupees. |
| and for every Rs. 500 or part thereof in excess of Rs. 1,000; |
Twenty rupees. |
|
(b) when possession is not given or agreed to be given asaforesaid;
|
The same duty as a Bond (No. 15) for the amount secured bysuch deed.
|
|
Explanation.- A mortgagor who gives to the mortgagee apower of Attorney to collect rents or a lease of the propertymortgaged or part thereof is deemed to give possession within themeaning of this Article;
|
|
|
(c) when a collateral or auxiliary or additional or substitutedsecurity or by way of further assurance for the above mentionedpurposes where the principal or primary security is duly stamped -
|
|
| for every sum secured not exceeding Rs. 1,000; |
Two rupees. |
|
and for every Rs. 1,000 or part thereof secured in excess ofRs. 1,000.
|
Two rupees. |
| Exemptions |
|
|
Instructions, executed by persons taking advances under theLand Improvement Loans Act, 1883, or the Agriculturists' LoansAct, 1884, or by their sureties as Security for the re-payment ofsuch advances.
|
|
|
41. Mortgage of a Crop,including any instrumentevidencing an agreement to secure the repayment of a loan madeupon any mortgage of a crop, whether the crop is or is not inexistence at the time of the mortgage-
|
|
|
(a) when the loan is repayable in not more than three monthsfrom the date of the instrument-
|
|
| for every sum secured not exceeding Rs. 200; |
One rupee. |
|
and for every Rs. 200 or part thereof secured in excess of Rs.200;
|
One rupee. |
|
(b) when the loan is repayable in more than three months, butnot more than eighteen months, from the date of the instrument-
|
|
| for every sum secured not exceeding Rs. 100; |
One rupee. |
|
and for every Rs. 100 or part thereof secured in excess of Rs.100.
|
One rupee. |
|
42. Notarial Act,- that is to say, any instrument,endorsement, note, attestation certificate or entry not being aProtest (No. 50) made or signed by a Notary Public in theexecution of the duties of his office, or by any other personlawfully acting as a Notary Public.
|
Fifteen rupees. |
| See also Protest of Bill or Note (No. 50) |
|
|
43. Note or Memorandum,- sent by a Broker or Agent tohis principal intimating the purchase or sale on account of suchPrincipal-
|
|
| (a) of any goods exceeding in value twenty rupees; |
Five rupees. |
|
(b) of any stock or marketable security exceeding in valuetwenty rupees;
|
Five rupees for every Rs. 10,000 or part thereof of the valueof the stock or security.
|
| 44. Note of Protest by the Master of a ship |
Five rupees. |
|
45. Partition,Instrument of as defined by section2/(15).
|
The same duty as a Bond (No. 15) for the amount of the valueof the separated share or shares of the property.
|
| |
N.B.- The largest share remaining after the property ispartitioned (or, if there are two or more shares of equal valueand not smaller than any of the other shares, then one of suchequal shares) shall be deemed to be that from which the othershares are separated :
|
| Provided always that- |
(a) when an instrument of partition containing an agreement todivide property in severalty is executed and a partition iseffected in pursuance of such agreement, the duty chargeable uponthe instrument effecting such partition shall be reduced by theamount of duty paid in respect of the first instrument, but shallnot be less than two rupees;
|
| |
(b) where land is held on Revenue settlement for a period notexceeding thirty years and paying the full assessment, the valuefor the purpose of duty shall be calculated at not more than tentimes the annual revenue;
|
| |
(c) where a final order for effecting a partition passed byany Revenue Authority or any Civil Court or an award by anarbitrator directing a partition, is stamped with the stamprequired for an instrument of partition, and an instrument ofpartition in pursuance of such orders or award is subsequentlyexecuted the duty on such instrument shall not exceed two rupees.
|
| 46. Partnership- |
|
| A-Instrument of- |
|
|
(a) where the capital of the partnership does not exceed Rs.500;
|
Four rupees. |
| (b) in any other case |
Twenty-three rupees. |
| B-Dissolution of- |
|
|
Pawn or Pledge-see agreement relating to Deposit ofTitle Deeds, Pawn or Pledge (No.6)
|
Fifteen rupees. |
| 47. Policy of Insurance |
As in Schedule I. |
|
[48. Power of Attorney as defined by section 2(21), not being a Proxy (entryNo. 52)] -
|
|
|
(a) when executed for the sole purpose of procuring theregistration of one or more documents in relation to a singletransaction or for admitting execution of one or more suchdocuments;
|
One hundred rupees. |
|
(b) when required in suits or proceedings under PresidencySmall Cause Courts Act, 1882;
|
One hundred rupees. |
|
(c) when authorising one person or more to act in a singletransaction other than the case mentioned in clause (a);
|
Three hundred rupees. |
|
(d) when authorising not more than five persons to act jointlyand severally in more than one transaction or generally;
|
Three hundred rupees. |
|
(e) when authorising more than five but not more than tenpersons to act jointly and severally in more than one transactionor generally;
|
Six hundred rupees. |
| (f) [ When given to a person other than family member, authorizing the attorney to sell any immovable property; and, |
2% of the amount of the consideration or of Collector rate in respect of the property mentioned in the instrument, whichever is higher. |
| Note:'Family member' includes spouse, child, parent, sibling, grandparent and grandchild.] |
|
| (g) in any other case |
Seventy rupees. |
| |
N.B.- The term 'registration', includes everyoperation, incidental to registration under the Registration Act,1908.
|
|
Explanation.- For the purpose of this Article more personsthan one when belonging to the same firm shall be deemed to be oneperson.
|
|
| 49. Promissory Note |
As in Schedule I. |
|
50. Protest of Bill or Note.that is to say anydeclaration in writing made by Notary Public or other personlawfully acting as such, attesting the dishonour of a bill ofexchange or promissory note.
|
Fifteen rupees. |
| 51. Protest by the Master of a Ship |
As in Schedule I. |
| 52. Proxy, As in Schedule I. |
|
| 53. Receipt, As in Schedule I. |
|
| 54. Re conveyance of Mortgaged Property- |
|
|
(a) if the consideration for which the property was mortgageddoes not exceed Rs. 1,000;
|
The same duty as['other conveyances'] (No.23) as levied by this Act, for the amount of such consideration asset forth in the re conveyance.
|
| (b) in any other case- |
|
|
(i) if the re conveyance relates to immovable property situatedwithin a Municipality, Cantonment Board or Notified Area;
|
Forty-five rupees. |
| (ii) in other cases |
Thirty rupees. |
|
55.Release, that is to say, any instrument (Not beingsuch a release as is provided for by section 23-A) whereby aperson renounces a claim upon another person or against anyspecified property-
|
|
|
(a) if the amount or value of the claim does not exceed Rs.1,000;
|
The same duty as a Bond (No. 15) for such amount or value asset forth in the Release.
|
| (b) in any other case |
[Twenty rupees.] |
|
56. Respondentia Bond,that, is to say, any instrumentsecuring a loan on the cargo laden or to be laden on board a shipand making repayment contingent on the arrival of the cargo atthe port of destination.
|
The same duty as Bottomary Bond (16) for the amount of theloan secured.
|
|
Revocation of any Trust or settlementSeeSettlement (No. 58)Trust (No. 64)
|
|
|
57. Security-Bond or Mortgage Deed,executed by way ofsecurity for the due execution of an office, or to account formoney or other property received by virtue thereof, or executed bya surety to secure the due performance of a contract (or the duedischarge of a liability)-
|
|
| (a) when the amount secured does not exceed Rs. 1,000; |
The same duty as a Bond (No. 15) for the amount secured. |
| (b) in any other case |
[Twenty rupees.] |
| Exemptions |
|
| Bond or other instrument, when executed- |
|
|
(a) by any person for the purpose of guaranteeing that thelocal income derived from private subscription to a charitabledispensary or hospital or any other object of public utility,shall not be less than a specified sum per mensem;,
|
|
|
(b) by a person taking advances under the Land ImprovementLoans Act, 1883, or the Agriculturists Loans Act, 1884; or bytheir sureties, as security for the repayment of such advances;
|
|
|
(c) by officers of Government or their sureties to secure thedue execution of an office, or the due accounting for money orother property received by virtue thereof.
|
|
| 58., Settlement- |
|
| A - Instrument of (including a deed of dower) |
The same duty as a Bond (No. 15) for a sum equal to the amountor value of property settled as set forth in such settlement.
|
| Exemptions |
|
|
Deed of dower executed on the occasion of a marriage betweenMuhammadans.,
|
|
| B - Revocation of- |
The same duty as a Bond (No. 15) for a sum equal to the amountor value of the property concerned as set forth in the instrumentof revocation but not exceeding thirty rupees.
|
| See also Trust (No. 64). |
|
|
59. Share Warrants,to bearer issued under the CompaniesAct, 1956
|
One-and-a-half times the duty payable on a mortgage-deed withpossession [No. 40(a)] for the amount equal to the nominals amountof the shares specified in the warrant.
|
| Exemptions |
|
|
Share warrants when issued by a company in pursuance of theCompanies Act, 1956, section 114, to have effect only uponpayment, as composition for that duty to the Collector of StampRevenue of-
|
|
|
(a) one-and-half per centum of the whole subscribed capital ofthe company; or
|
|
|
(b) if any company which has paid the said duty or compositionin full subsequently issues an addition to its subscribed capital,one-and-a-half per centum of the additional capital so issued.
|
|
| 60. Shipping Order |
Five rupees. |
| 61. Surrender of Lease- |
|
|
(a) when the duty with which the lease is chargeable does notexceed ten rupees;
|
The duty with which such lease is chargeable |
| (b) in any other case |
Fifteen rupees. |
| Exemptions |
|
| Surrender of lease, when such lease is exempted from duty. |
|
| 62., Transfer(whether with or without consideration)- |
|
|
(a) of shares in an incorporated company or other bodycorporate;
|
As in Schedule I. |
|
(b) of debentures, being marketable securities whether thedebentures is liable to duty or not except debentures provided forby section 8;
|
One-half of the duty payable on a debenture (No. 27) for aconsideration equal to the face amount of the debenture.
|
|
(c) of any interest secured by a bond, mortgage-deed or policyof insurance;
|
The duty with such bond, mortgage-deed or policy of insuranceis chargeable subject to a maximum of Five hundred rupees.
|
|
(d) of any property under the Administrator-General's Act,1913, section 25;
|
Fifty rupees. |
|
(e) of any trust property without consideration from onetrustee to another trustee, or from a trustee to a beneficiary
|
Fifty rupees. |
| Exemptions |
|
| Transfers by endorsement- |
|
| (a) of a bill of exchange, cheque or promissory note; |
|
|
(b) of a bill of lading, delivery, order, warrant for goods, orother merchantile document of title to goods;
|
|
| (c) of a policy of insurance; |
|
| (d) of securities of the Central Government. |
|
| See also Section 8. |
|
|
63.Transfer of Lease, by way of assignment and not byway of under-lease
|
The same duty as other conveyance (No. 23) as levied by thisAct, for a consideration equal to the amount of the considerationfor the transfer.
|
| Exemptions |
|
| Transfer of any lease exempt from duty. |
|
| 64. Trust- |
|
|
A - Declaration of-of, or concerning, any property when made byany writing not being a Will
|
The same duty as a Bond (No. 15) for a sum equal to the amountor value of the property concerned as set forth in the instrument,but not exceeding forty-five rupees.
|
|
B - Revocation of - of, or concerning any property when made byany instrument other than a Will
|
The same duty as a Bond (No. 15) for a sum equal to the amountor value of the property concerned, as set forth in theinstrument, but not exceeding thirty rupees.
|
| See also Settlement (No. 58). |
|
| Valuation.- See Appraisement (No. 8) |
|
| Vakil.- See Entry as Vakil (No. 30) |
|
|
65. Warrant for Goods,that is to say, any instrumentevidencing the title of any person therein named, or his assigns,or the holder thereof, to the property in any goods lying in orupon any dock, warehouse or wharf such instrument being signed orcertified by or on behalf of the person in whose custody suchgoods may be
|
Five rupees |